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HomeMy WebLinkAbout2004-0811 2 3 4 5 6 7 8 9 10 11 12 131 141 16 17 18 19 20 21 RESOLUTION NO. 2004-81 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE COUNTY OF SAN BERNARDINO AND THE BOYS & GIRLS CLUB OF SAN BERNARDINO TO PROVIDE RESTROOM IMPROVEMENTS AT THE BOYS & GIRLS CLUB USING COUNTY CDBG FUNDS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City of San Bernardino, the County of San Bernardino, and the Boys & Girls Club of San Bernardino are entering into a contract using County CDBG Funds to provide restroom improvements to the Boys and Girls Club. The Mayor is hereby authorized and directed to execute said contract on behalf of the City; a copy of the contract is attached hereto as Exhibit A and incorporated herein. SECTION 2. Any amendment or modification thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of the passage of this resolution. 24 ///// 25 26 27 28 2004-81 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 211 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE COUNTY OF SAN BERNARDINO AND THE BOYS & GIRLS CLUB OF SAN BERNARDINO TO PROVIDE RESTROOM IMPROVEMENTS AT THE BOYS & GIRLS CLUB USING COUNTY CDBG FUNDS. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint reg. meeting thereof, held on the 15 th day of March 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE MCGINNIS x DERRY x KELLEY x JOHNSON McCAMMACK x VA chel G. Clark, City The foregoing resolution is hereby approved this / 61ar day of March 2004. A h Approved as to form and legal content: Omes F. Penman, City Attorney x h Valles, Mayor of San Bernardino 2004-81 FOR COUNTY USE ONLY 0 County of San Bernardino FAS CONTRACT TRANSMITTAL New Vendor Cade Dept. JA Contract Number change CITYOFS772G `SC ECD Cancel County Department Dept. Orgn. Contractors License No. Economic and Community Development ECD PROJ. County Department Contract Representative Telephone Total Contract Amount HOMAS R. LAURIN/Norm Buckner (909) 388-0808 $60,000 Contract Type ❑ Revenue ® Encumbered ❑ Unencumbered ❑ Other: If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount April 6, 04 April 6, 09 $60,000 Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount SBA ECD PROJ. 200 2005 00002476 $60,000 Project Name Estimated Payment Total by Fiscal Year Fifth District: Facility FY Amount I/D FY Amount I/D 2003-04 $60,000 _ Improvements — Boys & Girls Club of San Bernardino ECD #350-29102/2476 Contract type 2(g) CONTRACTOR *City of San Bernardino **Boys and Girls Club of San Bernardino Federal ID No. or Social Security No. *95-6000772 **95-2508873 Contractor's Representative *James Sharer, Director, Facilities Management, City of San Bernardino **Clifford Hacknev, Executive Director Address *300 North "D" Street, San Bernardino, CA 92418 Phone *(909) 384-5244 **1180 West 9 Street, San Bernardino, CA 92411 **(909) 888-6751 Nature of Contract: (Briefly describe the general terms of the contract) This Contract among the County, the City of San Bernardino and the Boys and `Girls Club of San Bernardino (BGCSB), provides sixty thousand dollars ($60,000) in Community Development Block Grant (CDBG) funds for restroom improvements at the Boys and Girls Club facility located, at`i;180-West 9th Street, San Bernardino. The improvements include demolition, removal and replacement of,all �estroom fixtures, partitions and flooring in both the male and female restrooms. Maintenance and operation of -the facility will be provided by the BGCSB at their sole expense for not less than five (5) years following`the completion of the project. The City of San Bernardino will provide construction management services for this project. The attached contract consists"of19.pages.�� (Attach this transmittal to all contracts not prepared on the "Standard Contract' form.) A roved as to egal F rm (sign in blue ink)l Reviewed as to act Compliance Presented to BOS for Signature County Couns Department ad Date (— Zit 0 •/ Date /2 e� Date 2 J Q Auditor/Controller-Recorder Use Onl ❑ Contract D abase"%! D F Input.Dat Keyed y 2004-81 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT MAINTENANCE AND OPERATION CONTRACT WITH CITY OF SAN BERNARDINO AND BOYS AND GIRLS CLUB OF SAN BERNARDINO This Contract is made and entered into, by and among San Bernardino County, hereinafter referred to as "COUNTY", the City of San Bernardino hereinafter referred to as "CITY', and Boys and Girls Club of San Bernardino hereinafter referred to as "CLUB". WHEREAS, COUNTY has entered into a Contract with the United States of America through its Department of Housing and Urban Development (HUD) to execute COUNTY Community Development Block Grant (CDBG) Program under the Housing and Community Development Act of 1974, as amended, hereinafter referred to as the "ACT"; and, WHEREAS, COUNTY Department of Economic and Community Development hereinafter referred to as "ECD", is authorized to act on behalf of COUNTY in administering COUNTY CDBG program; and, WHEREAS, the CITY Department of Facilities Management, hereinafter referred to as FMCSB is authorized to act on behalf of CITY to direct the use and structural maintenance of CITY facilities; and, WHEREAS, title to CLUB facility located at 1180 West 9`h Street, San Bernardino is vested with CITY, and facility is leased to CLUB; and, WHEREAS, this contract among the herein -named delineates only the responsibilities of the parties regarding this contract and is not intended to supercede any contract between the CITY as lessor and CLUB as lessee; and, WHEREAS, CITY provides annual funding for utility payments and continued facility maintenance for CLUB; and, WHEREAS, COUNTY, CITY and CLUB recognize the public benefit in providing educational and recreational activities for youth in the City of San Bernardino and surrounding unincorporated areas; and, WHEREAS, COUNTY Board of Supervisors has approved CDBG funding in the amount of sixty thousand dollars ($60,000) for the restroom rehabilitation improvements at the CLUB facility; and, WHEREAS, COUNTY, CITY and CLUB desire to have CITY manage and direct the construction of the rehabilitation improvements. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: PURPOSE OF CONTRACT This Contract is made for the purpose of identifying the parties responsible for the facility rehabilitation, maintenance and operation of the CLUB facility located at 1180 West 9th Street, San Bernardino, hereinafter referred to as "FACILITY". 2. SCOPE OF PROJECT CITY shall manage and direct the construction of improvements, hereinafter referred to as "IMPROVEMENTS", to include demolition, removal and replacement of all restroom fixtures, partitions and flooring in both the male and female restrooms of FACILITY. Additional improvements may be included only after written Contract among CITY, CLUB and COUNTY. The actual scope of IMPROVEMENTS may not include all items identified herein, but shall be limited to the amount of CDBG funding identified in Section 4, FUNDING. Page 1 of 9 2004-81 CITY and CLUB shall maintain and operate FACILITY for the operation of educational and recreational programs and services to low- and moderate -income youth from the City of San Bernardino and surrounding communities of the Fifth Supervisorial District for the period identified in Section 7, MAINTENANCE AND OPERATION. Each qualifying participant of said programs under the terms of this contract shall be identified as a unit of service. Unless as specified otherwise, ECD shall have the authority to represent COUNTY regarding the terms and conditions of this Contract and the administration thereof. 3. TIME OF PERFORMANCE The Contract term is for five (5) years as specified in Section 7, MAINTENANCE AND OPERATION. In addition to the five (5) year term, CLUB is required to uphold the terms of the Contract for an additional five (5) years after expiration of this Contract as specified in Section 24, REVERSION OF ASSETS. 4. FUNDING COUNTY shall provide CDBG funds in an amount not to exceed of sixty thousand dollars ($60,000) for the purpose of constructing IMPROVEMENTS to FACILITY. Any costs to construct IMPROVEMENTS to FACILITY in excess of the amount available in this section shall be the sole responsibility of CLUB. This condition however, does not preclude COUNTY and CITY from providing additional funding at its sole discretion. 5. CONSTRUCTION MANAGEMENT COUNTY, CITY, and CLUB agree CITY shall provide construction management services necessary for the timely and successful completion of IMPROVEMENTS. CITY will be responsible for compliance with the Davis -Bacon Act and other related acts associated with the CDBG program. COUNTY shall provide project administrative services for activities related to completion of IMPROVEMENTS, to include review of bid documents and bid procedures. CITY shall use the attached "Request for Approval', Exhibit 4 of 5 to request approval from COUNTY to go out to bid or to award any contract(s) prior to actual bidding or awarding of contract(s), as identified in the attached "Coordination Provisions for Federal Labor Compliance, Exhibit 5 of 5. CITY shall submit to ECD all necessary documents to verify compliance with federal labor standards, including the weekly certified payroll form WH 347, with original signatures. CITY may use force account labor for construction of all or a portion of IMPROVEMENTS. Where force account labor is used, CITY will provide to ECD, prior to start of construction, the names of CITY staff who will engage in construction and the scope of work to be performed. 6. COMPENSATION AND METHOD OF PAYMENT Disbursement of payments to CITY for construction of IMPROVEMENTS shall be in the form of reimbursements. All reimbursement requests must be documented with "audit ready" supportive evidence of each expenditure and proof of payment, in accordance with HUD regulations. Where reimbursement for force account labor is being requested, CITY must include time cards and a description of work completed for each time card period, and wage earning distribution settlements for all staff time being reimbursed. MAINTENANCE AND OPERATION CLUB shall have sole responsibility for the maintenance and operation of FACILITY at the sole expense of CLUB for a period of not less than five (5) years beginning upon the date of completion of IMPROVEMENTS. FACILITY shall be maintained and operated at all times for the purpose of providing educational and recreational programs and services to low- and moderate -income persons as identified in Section 2, SCOPE OF PROJECT, and in accordance with federal, state and local laws, regulations and safety standards. CLUB shall be responsible for completing and submitting to COUNTY the Public Facility Certification form. This form will be provided by ECD. Page 2 of 9 2004-81 8. USE OF PROPERTY CITY acknowledges that COUNTY will fund IMPROVEMENTS provided, herein based solely on the existence of a lease between CITY and CLUB that continues in effect for at least the duration of this Contract, as set forth in Section 3, TIME OF PERFORMANCE. Should CLUB quit the premises prior to the expiration of this Contract, CITY will only allow a non-profit organization qualified under the CDBG program to use FACILITY. CITY shall notify COUNTY of any change to the use or operation of FACILITY. Use of FACILITY and IMPROVEMENTS for a non- CDBG eligible activity shall constitute a violation of this Contract. 9. ON -SITE INSPECTION COUNTY, its officers, agents, employees, persons under Contract with COUNTY and representatives of HUD, will have the privilege and right to on -site inspection of the FACILITY for the duration of this Contract. CLUB will ensure that its employees or agents furnish any information, that in the judgement of COUNTY and HUD representatives, may be relevant to a question of compliance with contractual conditions, HUD directives, or the effectiveness, legality, and achievements of the program. 10. CONTRACT COMPLIANCE CLUB will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms (a firm located in an area of high unemployment) are used when possible in compliance with provisions of Title 24 Code of Federal Regulations Part 85.36(e). CLUB shall comply with Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107, (Equal Employment Opportunity), Executive Orders 11625, 12138, 12432, 12250, and Executive Order 13279 (Equal Protection of the Laws for Faith -Based and Community Organizations), Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, County Policy 15-01, and other applicable federal, state and County laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. CLUB shall make every effort to ensure that all projects funded wholly or in part by CDBG Program funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, CLUB shall make every effort to employ residents of the area and shall keep a report of CLUB staff positions that have been created directly as a result of this program. 11. COMPLIANCE WITH LAWS All parties agree to be bound by applicable federal, state and local laws, ordinances, regulations and directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the ACT; 24 Code of Federal Regulations, Part 570, Chapter V and; U.S. Office of Management and Budget Circular A-87. 12. INDEMNIFICATION CITY and CLUB agrees to indemnify, defend and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnification is prohibited by law. CITY and CLUB shall indemnify, defend and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities under taken by each of CITY and CLUB under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CITY and CLUB under this Contract were improperly expended. Page 3 of 9 2004-51 CLUB agrees to indemnify, defend and hold harmless CITY and its respective authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions and for any costs or expenses incurred by CITY on account of any claim therefore, except where such indemnification is prohibited by law. CLUB shall indemnify, defend and hold harmless CITY and their respective authorized officers, employees, agents and volunteers from any liability, claims, losses, demands, and actions incurred by CITY as a result of the determination by HUD or its successor that activities undertaken by CLUB, under the program(s), fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CLUB and CITY under this Contract were improperly expended. 13. INSURANCE REOUIREMENTS Without, in any way affecting the indemnity herein provided and in addition thereto, CLUB shall secure and maintain throughout the Contract the following types of insurance with limits as shown: Workers' Compensation - A program of Workers' Compensation insurance or a State -approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employers' Liability with $250,000 limits, covering all persons providing services on behalf of CLUB and all risks to such persons under this Contract. If CLUB has no employees, it may certify or warrant to County that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Risk Manager. With respect to contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation Insurance. If the County's Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. Comprehensive General and Automobile Liability Insurance - This coverage is to include contractual coverage and automobile liability coverage for owned, hired, and non -owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). Errors and Omissions Liability Insurance - Combined single limits of $1,000,000 for bodily injury and property damage and $ 3,000,000 in the aggregate or Professional Liability - 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 and their officers, employees, agents, and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. Waiver of Subrogation Rights - Except for Errors and Omissions and Professional Liability, CLUB shall require the carriers of the above required coverage to waive all rights of subrogation against COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. Policies Primary and Non -Contributory - All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by COUNTY. Proof of Coverage - CLUB shall immediately furnish certificates of insurance to ECD and FMCSB evidencing the insurance coverage, including endorsements of the above is required prior to the commencement of performance of services hereunder, which shall provide that such insurance shall not be terminated or expire Page 4 of 9 2004-81 without thirty (30) days written notice to ECD and FMCSB, and CLUB shall maintain such insurance from the time CLUB commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Contract, CLUB shall furnish certified copies of the policies and all endorsements. CLUB shall complete and submit Contract Exhibit I of 5, INSURANCE INVENTORY, along with the above required insurance documents. 14. INSURANCE REVIEW The above insurance requirements are subject to periodic review by COUNTY and CITY. The County and City's Risk Managers are authorized, but not required, to reduce or waive any of the above insurance requirements 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 and 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 and CITY, inflation, or any other item reasonably related to the COUNTY and 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. CITY and CLUB agrees to execute any such amendment within thirty (30) days of receipt. 15. ADDITIONAL INSURANCE REQUIREMENTS CLUB shall, at its sole expense, obtain and deliver to COUNTY and CITY for its approval, certification(s) or policy(s) of standard fire insurance with extended coverage and vandalism and malicious mischief endorsements for the full replacement value of FACILITY. In the event of any damage or destruction to FACILITY covered by the insurance, CLUB shall use the entire insurance proceeds to restore FACILITY. The insurance required under this section shall be maintained by CLUB at its sole expense for the tern of this Contract. Said insurance shall contain endorsements providing that the insurance company issuing the insurance will not cancel or reduce the insurance coverage without thirty (30) days prior written notice to COUNTY and CITY. CLUB shall inform COUNTY and CITY in writing of any change, expiration or renewal of said insurance within thirty (30) days of the effective date of change. 16. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES CLUB agrees that it will not engage in inherently religious activities, such as worship, religious instruction or proselytizing, as part of the activities funded under this Contract. Further, CLUB agrees that it will not perform or permit political activities in connection with the performance of this Contract. Funds made available under this Contract will be used exclusively for performance of the work required under this Contract and no funds made available under this Contract shall be used to promote any religious or political activities. If CLUB conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this Contract, and participation must be voluntary for the beneficiaries of the CDBG-funded program services. FACILITY, however, may be used on an incidental basis to hold political meetings, candidate forums, or voter registration campaigns, provided that all parties and organizations have access to the facility on an equal basis, and are assessed equal rent or use charges, if any. 17. DISCRIMINATION No person shall, on the grounds of race, sex, creed, color, religion, or national origin, be excluded from participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs, or employment by CLUB. Page 5 of 9 2004-81 18. ASSIGNMENT AND SUBLETTING CLUB shall not assign, subordinate, or use for financing, this Contract or any interest therein, unless COUNTY and CITY have previously given their written consent. Provided; however, that any approved assignment shall be subject to all the terms, covenants, and conditions of the Contract. If CLUB attempts to effect any unauthorized assignment, or transfer occurs by operation of law, or this Contract or any interest therein is subjected to garnishment or sale under any execution of any suit or proceeding brought against or by CLUB, or if CLUB is adjudged bankrupt or insolvent by any court or upon CLUB making an assignment for the benefit of creditors, COUNTY and CITY may, at its option, forthwith terminate this Contract upon written notice thereof to CLUB, and thereupon, no one but COUNTY and CITY shall have any further rights hereunder. 19. HYPOTHECATION OF REAL PROPERTY During the term of this Contract, neither CITY nor CLUB, nor their successors, shall cause to be placed or permit to be placed any encumbrance or lien on the real property covered under this Contract, or shall sell, transfer, mortgage or hypothecate FACILITY without the written authorization of COUNTY. Notwithstanding Section 20, VIOLATION OF CONTRACT, and any other provisions herein, CITY and CLUB shall reimburse COUNTY for the fair market value of FACILITY less any portion thereof attributable to expenditures of non-CDBG funds for FACILITY, should CITY and CLUB sell, hypothecate, mortgage or encumber FACILITY without the written authorization of COUNTY during the term of this Contract. 20. VIOLATION OF CONTRACT In the event that CITY and CLUB violates any of the terms and conditions of this Contract, COUNTY shall give written notice of violation and demand for correction. If, within thirty (30) days from receipt of written notice, CITY and CLUB has not corrected the violation or shown acceptable cause, COUNTY has the right to terminate this Contract. It is agreed that in the event of a termination due to a violation of this Contract by CITY and CLUB, CITY and CLUB shall pay to COUNTY within ten (10) days of receipt of Notice of Termination, the sum of sixty thousand dollars ($60,000). Said sum is agreed to represent a reasonable endeavor by both parties hereto, to be a fair compensation for the foreseeable losses that might result from such a breach or default. Penalties and damages covered under separate Contracts with COUNTY for programs and services shall be in addition to that contained herein. Such termination shall not excuse CITY and CLUB from reimbursement provisions in Section 19, HYPOTHECATION OF REAL PROPERTY. 21. BENEFICIARY QUALIFICATION All persons who benefit from services performed under this Contract must qualify as being low- and moderate -income persons, hereinafter referred to as BENEFICIARIES. CLUB shall document or cause to be documented, the presumed benefit status of all BENEFICIARIES under this Contract by obtaining completed copies of the "Beneficiary Qualification Statement", Exhibit 2 of 5. CLUB shall retain these forms for at least five (5) years after conclusion of the Contract. 22. PROGRAM REPORTING AND RETENTION OF RECORDS CLUB agrees to prepare and submit financial, program progress, and other reports as required by HUD or COUNTY directives. CLUB shall maintain such program, property, personnel, financial, statistical and other records, supporting documents, and accounts as are considered necessary by HUD or COUNTY to assure proper accounting for all Contract funds. Said records, documents and accounts are to be retained by CLUB for a minimum of five (5) years. The retention period starts from the date the COUNTY submits its annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the service under the terms of this contract is reported on for the final time. Said COUNTY submission will follow CLUB's final submission to COUNTY of reports identified under this paragraph. Records and accounts that pertain to something being sued or audited over must be maintained for five (5) years or until the issue is resolved, whichever is longer. Records that pertain to real estate transactions must be maintained for the five (5) years or the number of years that there is an outstanding obligation, whichever is longer. The starting date for retention of records on CDBG-purchased equipment begins at the end of the equipment's use, when it is disposed of or Page 6 of 9 2004-81 transferred. The retention period for records relating to program income begins on the last date of COUNTY fiscal year in which the income is earned. All CLUB records, with the exception of confidential client information, shall be made available to representatives of COUNTY and the appropriate federal agencies. CLUB is required to submit data necessary to complete the Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated by the ECD Director or his designee. By the tenth (loth) of each month, CLUB shall submit a completed MONTHLY PROGRAM PROGRESS REPORT, Exhibit 3 of 5, for the month being reported. CLUB shall also provide the MONTHLY DIRECT BENEFIT REPORT information included on this exhibit, as necessary for completion of the Annual Grantee Performance Report. 23. TERMINATION BY COUNTY Notwithstanding Section 20, VIOLATION OF CONTRACT, COUNTY may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in CDBG funding of the Contract activity or the reprogramming of said funds as deemed necessary by COUNTY, or for the convenience of COUNTY. 24. REVERSION OF ASSETS All real property acquired or improved in whole or in part with CDBG funds in excess of $25,000 under this Contract must continue in the use that provides the service benefits and national objectives for which it was funded until five years after expiration of this Contract as set forth in 24 CFR 570.503, or such longer period of time as determined by COUNTY; or it must be disposed of in a manner resulting in a reimbursement to COUNTY in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. 25. AMENDMENTS: VARIATIONS This writing with attachments, embodies the whole of this Contract of the parties hereto. There are no oral Contracts contained herein. Except as herein provided, addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by the parties. 26. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Contract shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. 28. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: County of San Bernardino Boys and Girls Club of San Bernardino City of San Bernardino Department of Economic 1180 West 9'h Street Department of Facilities Management and Community Development San Bernardino, CA 92411 300 North "D" Street 290 North "D" Street, Sixth Floor San Bernardino, CA 92418 San Bernardino, CA 92415-0040 Page 7 of 9 2004-81 29. EASEMENTS, TRUSTS AND WARRANTIES A. It is expressly understood and agreed that this Contract and all rights and privileges hereunder granted are subject to all easements and rights -of -way now existing in, to, under or over the said premises for any purpose whatsoever. B. In the event that this Contract or any provision thereof shall be declared null and void by a court of competent jurisdiction, COUNTY or any of their respective officers, agents or employees, or members of COUNTY Board of Supervisors shall not be liable to CITY and CLUB or to any person holding under or through him for any losses or damages of any nature whatsoever suffered or claimed to be suffered by CITY and CLUB or such person by reason of such determination. (continued on next page) Page 8 of 9 2004-81 C. CITY and CLUB assumes all risks incident to the use and management of said premises in its present condition or in any condition thereof which may prevail during the term of this Contract. D. Any major changes required by a competent government jurisdiction to the Contract which are beyond the control of CITY and CLUB will make the Contract terms subject to re -negotiation. E. It is expressly understood and agreed that COUNTY does not, in any way or for any purpose, become a partner of CITY and CLUB, or a joint venturer with CITY and CLUB. IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year first written above. COUNTY OF SAN B NAF�DINO By: DENNIS HANSBERGER, Chairman Board of Supervisors Date: APR 6 2004 SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD APPROVED AS TO LEGAL FORM RONALD D. REITZ COUNTY COUNSEL By: ` MICHEL L 1KEMORE Deputy Coon sel for ECD 1-?JA-0 Comdev/Temp/Cathy/03 Agree/03 Boys and Girls Club SB 09/30/03/NB/cb CITY OF SAN /l M Mayor BOYS AND GIRLS CLUB OF SAN BERNARDINO By: CLIFFO ACKNEY, Executive Director Date: / " / 0 APPROVED AS TO LEGAL FORM By: (liyt7 City Attorney Date: Page 9 of 9 2004-81 EXHIBIT 1 of 5 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Project/Activity Title: Case Number: 350-29102/2476 Fifth District: Facility Rehabilitation - Boys and Girls Club of San Bernardino Name/Address of Contractor Agency: Boys and Girls Club of San Bernardino 1180 West 9s' Street San Bernardino, CA 92411 Date of Issue: X Original: Beginning Amendment # INSURANCEINVENTORY WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE Name of Insurance Company: Effective Dates: Employer's Liability Limit $ Certificate of Insurance Attached Yes No: On File w/ ECD COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE Name of Contractor's General Insurance Company: Limits of Liability Effective Dates: Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/ ECD Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/ ECD Name of Contractor's Automobile Liability Insurance Company: Limits of Liability Effective Dates: Per Person $ Per Accident $ Damage Liability $ Combined Single Limit S ERRORS AND OMISSIONS LIABILITY INSURANCE Name of Contractor's Insurance Company: Limits of Liability Effective Dates: Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/ ECD Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/ ECD PROFESSIONAL LIABILITY INSURANCE Name of Contractor's Insurance Lompany: Limits of Liability Effective Dates: Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/ ECD Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/ ECD 2004-81 EXHIBIT 2 of 5 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Project/Activity Title: Case Number: 350-29102/2476 Fifth District: Facility Rehabilitation - Bovs and Girls Club of San Bernardino Name/Address of Contractor A eg ncy: Date of Issue: Boys and Girls Club of San Bernardino 1180 West 9`h Street X Original: Beginning San Bernardino, CA 92411 Amendment # BENEFICIARY QUALIFICATION STATEMENT This form has the purpose of providing information needed to qualify the use of federal Community Development Block Grant (CDBG) funds for the project/activity described above. This statement must be completed and signed by the person (or legal guardian of the person) requesting to receive benefits from the described project/activity. Only one statement per person, per year is required. Please answer each of the following questions. This question helps you determine the size of your household. For this question a household is a group of related or unrelated persons occupying the same house with at least one member being the head of the household. Renters, roomers, or borders cannot be included as household members. How many persons are in your household? 2. This question asks if you are from a low- and moderate -income household. For this question a list of the 2003 LOW-INCOME and LOW- AND MODERATE -INCOME categories* are presented below. Please add up the combined gross annual income of all persons in your household from all sources of income. In the blank provided, write yes or no, that your combined gross annual income is equal to or less than the LOW- INCOME amount for the number of persons in your household: In the blank provided, write, yes or no, if your combined gross annual income is equal to or less than the LOW- AND MODERATE -INCOME amount for the number of persons in your household. Number of Persons in Your Household 1 2 3 4 LOW-INCOME $17,850 $20,400 $22,950 $25,500 LOW- AND MODERATE- $28,550 $32,650 $36,700 $40,800 INCOME (COMBINED) Number of Persons in Your Household 5 6 7 8 LOW-INCOME $27,550 $29,600 $31,600 $33,650 LOW- AND MODERATE- $44,050 $47,350 $50,600 $53,850 INCOME (COMBINED) Page 1 of 2 2004-81 EXHIBIT 2 of 5 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT 3. Please indicate how you identify yourself by checking only one (1) of the following choices: Non - Hispanic Hispanic White El El Black/African American Asian ❑ ❑ American Indian/Alaskan Native ❑ ❑ Native Hawaiian/Other Pacific Islander ❑ ❑ American Indian/Alaskan Native & White ❑ ❑ Asian & White ❑ ❑ Black/African American & White ❑ ❑ Amer. Indian/Alaskan Native & Black/African Amer. ❑ ❑ Balance/Other ❑ ❑ 4. Please check whether you belong to a Female Headed Household: ❑Yes [-]No 5. Please describe the condition that would qualify you as being considered in one of the following presumed low- and moderate -income categories: abused child, battered spouse, elderly person, homeless person, disabled adult, illiterate person, or migrant farm worker: (description) ACKNOWLEDGMENT AND DISCLAIMER I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MADE ON THIS FORM ARE TRUE. 10:9 CITY: SIGNATURE: PHONE: The information you provide on this form is for Community Development Block Grant (CDBG) program purposes only and will be kept confidential. *Taken from 2003 Section S Low -Income and Very Low -Income Limits. Page 2 of 2 2004-81 EXHIBIT 3 of 5 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Project/Activity Title: Case Number: 350-29102/2476 Fifth District: Facility Rehabilitation - Boys and Girls Club of San Bernardino Name/Address of Contractor A eg ncy: Date of Issue: Boys and Girls Club of San Bernardino 1180 West 9th Street X Original: Beginning San Bernardino, CA 92411 Amendment # MONTHLY PROGRAM PROGRESS AND DIRECT BENEFIT REPORT For the Month of 200 PART I: MONTHLY PROGRAM PROGRESS REPORT A. Units of Service Provided and Description Under each type of service listed below, summarize what your program has accomplished during this month. Include location, number of persons served, services/benefits provided, and a description of the clients served. Also report the number of "Units of Service" provided, as defined in contract Section 2, Scope of Project. Type of Service: Anticipated Units of Service: Goal/mo.: Actual/mo.: Goal/mo.: Actual/mo.: B. Monthly Beneficiary Count (may include individual persons or households previously counted during this grant/program year) Total number of beneficiaries (clients/participants) served this month (choose one cateeory only): # of Persons OR # of Households PART II: MONTHLY DIRECT BENEFIT REPORT Direct Benefit Statistics (Unduplicated first-time client counts since start of contract; taken from Beneficiary Qualification Statement forms) Enter the number of first-time program beneficiaries directly assisted this month Count only as: ❑ Individual Persons or ❑ Households (check one box) Low -Income (only): Low -and Moderate -Income (combined): All Beneficiaries Racial Identity Categories Non- Non - Hispanic Hispanic Hispanic Hispanic (a) (b) (c) (d) White American Indian/Alaskan Native & White Black/African American Asian & White Asian Black/African American & White American Indian/Alaskan Native Amer. Indian/Alaskan Native & African Amer. Native Hawaiian/Other Pacific Islander Balance/Other Grand Total of Racial Identity Categories. Sum of columns a, b, c, and d should equal the "All Beneficiaries" total above: ° 'I Female Headed Households: Signed Printed Name Telephone No./Ext. 2004-81 EXHIBIT 4 of 5 Date: THOMAS R. LAURIN, Director Department of Economic and Community Development 290 North "D" Street, Sixth Floor San Bernardino, CA 92415-0040 REQUEST FOR APPROVAL Project Activity Name: Case Number: Activity Local ISSUE: ( ) A REQUEST FOR PROPOSAL FOR CONSULTANT SERVICES ( ) AN INVITATION TO BID FOR CONSTRUCTION SERVICES (� A CONTRACT CHANGE ORDER AWARD: ( ) A CONSULTANT SERVICES CONTRACT ( ) A CONSTRUCTION SERVICES CONTRACT ( ) SOLESOURCEPROCUREMENT ( ) PURCHASE ORDER Name of Contractor: Contact Person: Amount of ContracUChange Order: Subcontractors: ( ) List Attached ( ) No Contractors The following materials and documentation are submitted for review and approval: Signature of Department Official Date request approval to 2004-81 EXHIBIT 5 of 5 County of San Bernardino Department of Economic and Community Development COORDINATION PROVISIONS FOR FEDERAL LABOR COMPLIANCE Construction Phase 1. CITY: Determines bid solicitation process permitted by CDBG requirements under Federal Title 24 CFR Part 85.36 (Procurement Standards), and County contracting regulations. Advertises invitation to bid and receives bids. 2. CITY: Ten days prior to bid opening, CITY makes telephone contact with ECD and requests updated Federal Wage Decision. ECD will send to CITY the latest Wage Decision. If they are in any way different from those issued in the original bid package, CITY will immediately forward latest wage decision to all bidding contractors who, in turn, submit revised bids prior to the bid opening. 3. CITY: Conducts bid opening and sends to ECD a copy of the contract bid specifications including copies of the wage decisions in effect at bid opening. 4. CITY: Reviews bid documents submitted by the low -bidder to assure compliance with County Policy 15- 01, if applicable, and 24 CFR 85.36(e) regarding the participation of minority, disadvantaged and women business enterprises (MWBE's) in the proposed construction contract. If CITY has its own plan that meets the aforementioned requirements, it may use this plan for bid document reviews. 5. CITY: Submits the low -bidder information and list of subcontractors to ECD and requests ECD for "Approval to Proceed to Award a Construction Services Contract". 6. ECD: Reviews Contractor/Subcontractors eligibility to receive Federal contracts. 7. ECD: Issues "Approval to Proceed" to CITY. 8. CITY: Insures completeness of contract documents prior to award of contract. Construction contracts must contain a copy of Federal Labor Standards, applicable Federal Wage Determination, and a copy of restrictions on public buildings and public works projects provisions. 9. CITY: Awards Contract. 10. CITY: Notifies ECD of pre -construction conference at least 12 days prior to event. 11. CITY: Conducts pre -construction conference (ECD attendance mandatory). ECD forwards Contract Compliance Instructions to prime contractor. 12. CITY: Provides ECD with a copy of signed contract prior to start of construction. CITY ensures completion of bonds and obtains contractor/subcontractor certifications concerning labor standards and prevailing wage requirements; regarding Equal Employment Opportunity, and restrictions on public buildings and public works projects before signing contract. 13. ECD: Ongoing observation and monitoring of projects. 14. CITY: Conducts on -site interviews with employees regarding their wages. Sends copy of interviews to ECD. 2004-81 15. CITY: Receives from contractor, requests for progress payments accompanied by Weekly Certified Payroll, form WH-347, and any other documentation of expenditures and work accomplished. 16. ECD: Receives from contractor, duplicate copies of Weekly Certified Payroll forms WITH ORIGINAL SIGNATURES. 17. ECD: Checks wages reported on Certified Payroll forms against employee interview forms for consistency between wage rates reported by contractor and wages received by employees. 18. CITY: Notifies ECD of all meetings regarding ECD projects, such as Design Conferences, Public Meetings, meetings with Community Development Advisory Commission, and CITY at least five (5) working days before event occurs. 19. CITY: Notifies ECD of final inspections at least five (5) working days before inspection date. 20. CITY: Secures its governing body's acceptance of completed project and filing of Notice of Completion. 21. CITY: Prepares and submits "Notice of Completion" to ECD.