HomeMy WebLinkAbout1998-134
RESOLUTION NO. 98-134
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A MAINTENANCE AND OPERATION CONTRACT
BETWEEN THE CITY AND COUNTY OF SAN BERNARDINO,
OPERATION GRACE, INC. AND GRACE APOSTOLIC CHURCH
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8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
9 SAN BERNARDINO AS FOLLOWS:
10 SECTION I.
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The Mayor and City of San Bernardino is hereby authorized and directed to
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execute, on behalf ofthe City, an agreement for Community Development Block Grant funding
with County of San Bernardino, which contract is attached hereto as Exhibit "I ", and is
incorporated herein by referenced as though fully set forth at length. The Agreement provides
for the granting of Community Development Block Grant funds in the following amount of
$23,295 on behalf of Operation Grace, Inc.
SECTION 2.
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The authorizations to execute the above referenced contract is rescinded if the
(b)
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parties to the agreement shall fail to execute it within sixty (60) days ofthe passage of this
Resolution.
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98-134
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A MAINTENANCE AND OPERATION CONTRACT
BETWEEN THE CITY AND COUNTY OF SAN BERNARDINO,
OPERATION GRACE, INC. AND GRACE APOSTOLIC CHURCH
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a joint regular
meeting
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8 following vote, to wit:
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COUNCIL MEMBERS:
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ESTRADA
12 LIEN
ARIAS
13 SCHNETZ
DEVLIN
14 ANDERSON
MILLER
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day of
June
, 1998, by the
AYES NAYS ABSTAIN ABSENT
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The forgoing resolution is hereby approved this .2"L day of June
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n aill~~C~~
S Bernardino
By:
l~~el
23 Approved as to form and legal content:
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05-98-15.msc
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98-134
FOR COUNTY USE ONL Y
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IE IXI New Vendor Code Dept. Contract Number
M Change SC ECD A
X Cancel 97-678 A-1
County Department Dept. Orgn. Contractor's License No.
Economic and Community Development ECD PROJ
County Department Contract Representative Ph. Ext. Amount of Contract
Thomas R. Laurin 0808 $22,395
Fund I Dept. I Organization I Appr. I Obj/Rev Source Activity I GRC/PROJ/JOB Number
SBA ECD PROJ 200 ,2005 00001634
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount liD FY Amount lID
Project Name
97 $22,395
Third District: Operation Grace
Homeless Shelter Rehab
(#330-23025)
County of San Bernardino
FAS
CONTRACT TRANSMITTAL
:ONTRACTOR
Operation Grace
3irth Date N/A
FederallD No. or Social Security No.
33-0556421
:ontractor's Representative Jenai Morehead, President, Operation Grace, Inc.
';ddress 8572 Sierra Avenue, Fontana, CA 92335
Phone
(909) 829-0354
Nature of Contract: (Briefly describe the general terms of the contract)
This Contract, between the County of San Bernardino, the City of San Bernardino, Operation Grace and Grace Apostolic
:hurch, provides for roof repairs, electrical upgrades and a backflow preventer as rehabilitation improvements to the Operation
3race facility located in the North Norton area of the City of San Bernardino. The Operation Grace facility is owned by Grace
';postolic Church and is leased to Operation Grace for the purpose of providing transitional housing programs and employment
3nd educational services to homeless persons. The County of San Bernardino will provide $22,395 in community Development
310ck Grant (CDBG) funds, and the City of San Bernardino will provide $23,295 in CDBG funds for the project. The County of
San Bernardino will provide construction management services for the project. Operation Grace will be responsible for
-naintenance and operation of improvements to the facility at their sole expense for no less than ten (10) years following the
:ompletion of the improvements.
(Attach this transmittal to all contracts not prepared on the "Standard Contract" form.)
Reviewed for Processing
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Agency Administrator/CAO
Date
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Date
SAN BERNARDINO COUNTY
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
MAINTENANCE AND OPERATION CONTRACT
WITH CITY OF SAN BERNARDINO,
OPERATION GRACE AND GRACE APOSTOLIC CHURCH
This Contract is made and entered into this day of , 19-, by and between San
Bernardino County, hereinafter referred to as "COUNTY", the City of San Bernardino, hereinafter referred to as
"CITY", Operation Grace, Inc., hereinafter referred to as "OPERATION GRACE", and Grace Apostolic Church,
hereinafter referred to as "LESSOR".
WHEREAS, COUNTY and CITY have entered into a contract with the United States of America through
its Department of Housing and Urban Development (HUD) to execute COUNTY and CITY 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, CITY Development Department, hereinafter referred to as "COD", is authorized to act on
behalf of CITY in administering CITY CDBG program; and,
WHEREAS, COUNTY Board of Supervisors has approved CDBG funding in the amount of twenty two
thousand three hundred ninety five dollars ($22,395) for various facility rehabilitation improvements at
OPERATION GRACE facility; and CITY has approved twenty three thousand two hundred ninety five dollars
($23,295) in CDBG funding for these same facility rehabilitation improvements; and,
WHEREAS, COUNTY, CITY and OPERATION GRACE recognize the public benefit in providing
OPERATION GRACE facility and its related programs and services to the homeless persons of the communities
of the Third Supervisorial District and CITY; and,
WHEREAS, OPERATION GRACE currently maintains and operates said facility and program at the sole
expense of OPERATION GRACE; and,
WHEREAS, title to the property is vested with LESSOR, and a portion of the building (10,038 square feet)
is leased to OPERATION GRACE for the term of this contract for providing said services and programs; and,
WHEREAS, COUNTY, CITY, OPERATION GRACE and LESSOR desire to have COUNTY manage and
direct the construction of the 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:
I. PURPOSE OF CONTRACT
This Contract is made for the purpose of identifying the parties responsible for the construction,
maintenance and operation of the OPERATION GRACE facility which is a part of the building owned by
LESSOR (approximately 10,038 square feet) and is located at 1595 E. Art Townsend Drive in San
Bernardino, California hereinafter referred to as "FACILITY".
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2. SCOPE OF PROJECT
COUNTY shall construct FACILITY rehabilitation improvements, hereinafter referred to as
"IMPROVEMENTS ", to include roof replacement; electrical upgrade and backflow preventer to the extent
such repairs benefit only the building area which houses OPERATION GRACE.
Additional improvements may be included only after written Contract between OPERATION GRACE,
LESSOR, CITY and COUNTY.
OPERATION GRACE shall maintain and operate FACILITY for the operation of programs and services
for homeless persons from the City of San Bernardino and surrounding communities.
Unless as specified otherwise, ECD shall have the authority to represent COUNTY regarding the terms and
conditions of this Contract and the administration thereof, and CDD shall have the authority to represent
CITY regarding the terms and conditions of this Contract and the administration thereof.
3. TIME OF PERFORMANCE
This Contract shall be effective as of the date of the last of the parties hereto execute this Contract and shall
continue for not less than the maintenance and operation period as specified in Section 6, MAINTENANCE
AND OPERATION.
4. FUNDING
COUNTY shall provide CDBG funds in an amount not to exceed twenty two thousand three hundred ninety
five dollars ($22,395) for the purpose of constructing IMPROVEMENTS. CITY shall provide CDBG
funds in an amount not to exceed twenty three thousand two hundred ninety five dollars ($23,295) for the
purpose of constructing IMPROVEMENTS. Any costs to construct IMPROVEMENTS in excess of the
amounts available in this section shall be the sole responsibility of OPERATION GRACE and LESSOR.
This condition however, does not preclude COUNTY and CITY from providing additional funding at its
sole discretion. Costs to construct any IMPROVEMENT or portion of IMPROVEMENT which benefits
LESSOR apart from OPERATION GRACE shall be the sole responsibility of LESSOR.
5. CONSTRUCTION MANAGEMENT
COUNTY, CITY, OPERATION GRACE and LESSOR agree COUNTY shall provide construction
management services necessary for the timely and successful completion of IMPROVEMENTS.
Construction management services shall be included as part of IMPROVEMENTS. COUNTY may
subordinate the construction management to a delegate agency of COUNTY and will be responsible for
compliance with the Davis-Bacon Act and other related acts associated with the CDBG program.
6. MAINTENANCE AND OPERATION
OPERA nON GRACE shall have sole responsibility for the maintenance and operation of
IMPROVEMENTS at the sole expense of OPERA TION GRACE for a period of not less than ten (10) years
beginning upon the date of completion of FACILITY. COUNTY and CITY shall notify OPERATION
GRACE in writing of said date of completion ofF ACIUTY. F ACIUTY shall be maintained and operated
at all times for the purpose of programs and services for homeless persons as identified in Section 2, SCOPE
OF PROJECT, and in accordance with federal, state and local laws, regulations and safety standards.
OPERATION GRACE shall be responsible for completing and submitting to COUNTY and CITY, any and
all facility Certification forms provided by CITY and COUNTY, on the use of FACILITY.
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7. USE OF PROPERTY
LESSOR agrees to make FACILITY available to COUNTY and CITY and OPERATION GRACE for the
construction of all IMPROVEl\iIENTS described in Section 2, SCOPE OF PROJECT. LESSOR
acknowledges that COUNTY and CITY will fund IMPROVEl\iIENTS provided for herein based solely on
the existence of a lease between LESSOR and OPERATION GRACE that continues in effect for at least
the duration of this Contract, as set forth in Section 3, TIME OF PERFORMANCE. Should OPERA nON
GRACE quit the premises prior to the expiration of this Contract, LESSOR will only allow a non-profit
organization qualified under the CDBG program to use FACILITY. LESSOR shall notify COUNTY and
CITY of any change to the use or operation ofF ACILITY. Use ofF ACILITY and IMPROVEMENTS for
a non-CDBG eligible activity shall constitute a violation of this Contract.
8. ON-SITE INSPECTION
COUNTY and CITY, their officers, agents, employees, persons under contract with COUNTY and CITY
and representatives ofHUD, will have the privilege and right to on-site inspection of the FACILITY for the
duration of this Contract. OPERATION GRACE will ensure that its employees or agents furnish any
information, that in the judgement of COUNTY and CITY 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.
9. CONTRACT COMPLIANCE
OPERATION GRACE will take all necessary affirmative action steps to assure that minority firms,
women's business enterprises, and Labor surplus Area Firms (a firm located in an area of high
unemployment and used when possible in compliance with provisions of title 24 code of Federal
Regulations Part 85.36(e).
OPERATION GRACE shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250,
title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, County Policy
11-15, and other applicable Federal and State and County laws, regulations and policies relating to equal
employment and contracting opportunities, including laws and regulations hereafter enacted.
OPERATION GRACE 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, OPERATION GRACE shall make every effort to employ residents of the area and
shall keep a record of OPERATION GRACE staff positions that have been created directly as a result of
this program.
10. 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.
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Proof of Coverage -OPERATION GRACE and LESSOR each shall immediately furnish
certificates of insurance to ECD and CDD evidencing the insurance coverage, including
endorsements, above required prior to the commencement of performance of services hereunder,
which shall provide that such insurance shall not be terminated or expire without thirty (30) days
written notice to ECD and COD, and OPERATION GRACE and LESSOR each shall maintain
such insurance from the time OPERATION GRACE and LESSOR commence performance of
services hereunder until the completion of such services. Within sixty (60) days of the
commencement of this Contract, OPERATION GRACE and LESSOR shall fumish certified copies
of the policies and all endorsements. OPERATION GRACE and LESSOR shall complete and
submit Contract Exhibit 1 of 3, Insurance Inventory, along with the above required insurance
documents.
13. INSURANCE REVIEW
The above insurance requirements are subject to periodic review by COUNTY and CITY. COUNTY's 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 Managers determine that heretofore unreasonably priced or unavailable types of insurance coverage
or coverage limits become reasonably priced or available, the Risk Managers are 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's 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.
OPERA TlON GRACE and LESSOR agree to execute any such amendment within thirty (30) days of
receipt.
14. ADDITIONAL INSURANCE REOUIREMENTS
OPERATION GRACE and LESSOR shall, at their sole expense, obtain and deliver to COUNTY and CITY
for their approval, certification(s) or policy(s) of standard fire insurance with extended coverage and
vandalism and malicious mischief endorsements for the full replacement value ofF ACILITY. In the event
of any damage or destruction to FACILITY covered by the insurance, OPERATION GRACE and LESSOR
shall use the entire insurance proceeds to restore FACILITY. The insurance required under this section
shall be maintained by OPERATION GRACE and LESSOR at their sole expense for the term 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. OPERATION GRACE and LESSOR 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.
15. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES
OPERATION GRACE and LESSOR agree that they will not perform or permit any religious proselytizing
or political activities in connection with the performance of this Contract. Funds 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.
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II. INDEMNIFICA nON
OPERATION GRACE and LESSOR agree to indemnify, defend and hold harmless COUNTY and CITY
and their respective authorized officers, employees, agents and volunteers from any and all claims, actions,
losses, damages, and/or liability arising out ofthis Contract from any cause whatsoever, including the acts,
errors or omissions of any person and for any costs or expenses incurred by COUNTY and CITY on account
of any claim therefore, except where such indemnification is prohibited by law.
OPERATION GRACE and LESSOR each shall indemnify and hold harmless COUNTY and CITY and
their respective authorized officers, employees, agents and volunteers from any liability, claims, losses,
demands, and actions incurred by COUNTY and CITY as a result of the determination by HUD or its
successor that activities undertaken by each of OPERA TION GRACE and LESSOR under the program(s)
fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and
disbursed to OPERATION GRACE and LESSOR under this Contract were improperly expended.
12. INSURANCE REOUIREMENTS
Without in any way affecting the indemnity herein provided and in addition thereto, OPERA nON GRACE
and LESSOR each shall secure and maintain throughout the Contract the following types of insurance with
limits as shown:
Workers' Compensation - A program ofW orker's 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 Employer's Liability with $250,000 limits, covering all persons
providing services on behalf of OPERA TION GRACE and LESSOR and all risks to such persons
under this Contract.
Comprehensive General and Automobile Liability Insurance - This coverage 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 ($1,000,000).
Errors and Omissions Liability Insurance - Combined single limits of$l,OOO,OOO 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,
OPERATION GRACE and LESSOR 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.
Policies Primarv 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
and CITY.
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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.
16. 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 OPERATION GRACE.
17. ASSIGNMENT AND SUBLETTING
OPERATION GRACE and LESSOR shall not assign, subordinate, or sue 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 OPERA TION GRACE and LESSOR attempt to effect any unauthorized assignment, or transfer
occurs by operation oflaw, 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 OPERATION GRACE and LESSOR, or if
OPERATION GRACE and LESSOR are adjudged bankrupt or insolvent by any court or upon
OPERATION GRACE and LESSOR making an assignment for the benefit of creditors, COUNTY and
CITY may, at their option, forthwith terminate this Contract upon written notice thereof to OPERATION
GRACE and LESSOR, and thereupon, no one but COUNTY and CITY shall have any further rights
hereunder.
18. HYPOTHECATION OF REAL PROPERTY
During the term of this Contract, neither OPERATION GRACE and LESSOR, 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 and CITY. Notwithstanding Section 18, Violation of Contract, and any other provisions herein,
OPERATION GRACE and LESSOR shall reimburse COUNTY and CITY for the fair market value of
FACILITY less any portion thereof attributable to expenditures ofnon-CDBG funds for FACILITY, should
OPERATION GRACE and LESSOR sell, hypothecate, mortgage or encumber FACILITY without the
written authorization of COUNTY and CITY during the term of this Contract.
19. VIOLATION OF CONTRACT
In the event that OPERATION GRACE and LESSOR violate any of the terms and conditions of this
Contract, COUNTY and CITY shall give written notice of violation and demand for correction. If, within
thirty (30) days from receipt of written notice, OPERATION GRACE and LESSOR have not corrected the
violation or shown acceptable cause, COUNTY and CITY have the right to terminate this Contract. It is
agreed that in the event ofa termination due to a violation of this Contract by OPERATION GRACE and
LESSOR, OPERATION GRACE and LESSOR shall pay to COUNTY within ten (10) days of receipt of
Notice of Termination, the sum of twenty two thousand three hundred ninety five dollars ($22,395) and to
CITY the sum of twenty three thousand two hundred ninety five dollars ($23,295). 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 and CITY for OPERATION GRACE programs and services shall be in addition to that
contained herein. Such termination shall not excuse OPERATION GRACE and LESSOR from
reimbursement provisions in Section 17, HYPOTHECATION OF REAL PROPERTY.
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20. TERtVlINA TlON BY COUNTY AND CITY
Notwithstanding Section 18, Violation of Contract, COUNTY and CITY 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 and CITY, or
for the convenience of COUNTY and CITY.
21. 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 470, or such longer
period of time as determined by COUNTY and CITY; or it must be disposed of in a manner resulting in a
reimbursement to COUNTY and CITY 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.
22. BENEFICIARY OUALlFICA TION
All persons who benefit from services performed under this Contract must qualify as being homeless
persons, hereinafter referred to as BENEFICIARIES. Under CDBG regulations, homeless persons are
presumed to be low-and moderate-income persons. OPERA TlON GRACE shall document the presumed
benefit status of all BENEFICIARIES under this Contract by obtaining completed copies of the
"Beneficiary Qualification Statement", Exhibit 2 of 3. OPERATION GRACE shall retain these forms for
three (3) years after conclusion of the Contract.
23. PROGRAM REPORTING
OPERATION GRACE agrees to prepare and submit financial, program progress, evaluations, and other
reports as required by HUD or COUNTY and CITY directives. OPERATION GRACE shall maintain such
property, personnel, financial and other records and accounts as are considered necessary by HUD or
COUNTY and CITY to assure proper accounting for all Contract funds. All OPERATION GRACE
records, with the exception of confidential client information, shall be made available to representatives of
COUNTY and CITY and the appropriate federal agencies. OPERATION GRACE 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 COUNTY Director of ECD or his designee and CITY Director of
CDD or his designee. OPERA TlON GRACE shall submit a completed Program Progress Report, Exhibit
3 of 3, for each year of this Contract. OPERATION GRACE shall also provide the Direct Benefit
information included on this exhibit, as necessary for completion of the Annual Grantee Performance
Report.
24. AMENDMENTS: VARIATIONS
This writing with attachments, embodies the whole of this Contract of the parties hereto. There are no oral
Contracts not 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.
25. INV ALlD CONDITIONS
If anyone 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
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IN WIlNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year first
written above.
COUNTY OF SAN BERNARDINO
By:
Chairman, Board of Supervisors
Date:
SIGNED AND CERTIFIED THAT A COPY OF
TillS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
EARLENE SPROAT
Clerk of the Board of Supervisors
of the County of San Bernardino
By:
Date:
APPROVED AS TO LEGAL FORM
ALAN K. MARKS
COUNTY COUNSEL
By:
Deputy Co ty
MAY
Date:
AGMTS/9819BGRACE_MAO
~nOl<J&lCE.ibii
m/98/CElbll
Date:
6-/~?g
OPERATION GRACE, INC.
By: ~'7U/
President
Date: S -/7'"- /0'
GRACE APOSTOLIC CHURCH
By c,jfiJ ~~
Date: .;: -/S --- 9;(
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98-134
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.
26. BINDING INTEREST
This Contract shall be binding on the parties, successors in interest, heirs and assigns.
27. NOTICES
All notices shall be served in writing. The notices shall be sent to the following addresses:
COUNTY
CITY
County of San Bernardino
Department of Economic and
Community Development
290 N. "0" St., Sixth Floor
San Bernardino, CA 92415-0040
City of San Bernardino
Economic Development Agency
Community Development Department
201 N. "E" St., Ste. 301
San Bernardino, CA 92401
OPERATION GRACE
LESSOR
Operation Grace, Inc.
1595 E. Art Townsend Drive
San Bernardino, CA 92408
Grace Apostolic Church
1595 E. Art Townsend Drive
San Bernardino, CA 92408
28. 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 and CITY or any of their respective officers, agents or
employees, or members of COUNTY Board of Supervisors or members of CITY Common Council
shall not be liable to OPERATION GRACE and LESSOR 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 OPERATION GRACE and LESSOR or such person by reason of such determination.
c. OPERATION GRACE 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 OPERATION GRACE will make the Contract terms subjectto renegotiation.
E. It is expressly understood and agreed that COUNTY and CITY does not, in any way nor for any
purpose, become a partner of OPERATION GRACE, or a joint venturer with OPERATION
GRACE.
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EXHIBIT -L of ~
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Proiect/ Activity Title:
Third District: Operation Grace Homeless Shelter Rehab
Case Number: 330-23025/1634
N ame/ Address of Contractor Agencv:
Operation Grace
1595 E. Art Townsend Drive
San Bernardino, CA 92408
Date oflssue:
----2L Original:
Amendment #
BENEFICIARY OUALIFICA TION 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 (legal guardian)
requesting to receive benefits from the described project/activity.
Please answer each of the following questions.
1. 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. For this question a list of the 1998 LOW-INCOME and LOW-AND MODERATE-INCOME categories' are presented
below. Please calculate the combined !!ross annual income of all persons in your household from all sources of income.
State, yes or no, if your combined gross annual income is equal to or less than the LOW-INCOME amount for the
number of persons in your household,
State, yes or no, if your combined gross annual income is equal to or less than the LOW-AND MODERATE-INCOME
amount for tbe number of persons in your household.
LOW.INCOME
LOW-AND MODERATE-
INCOME (COMBINED)
I
$ 16,300
$ 26,050
2
$ 18,600
$ 29,750
Number of Persons in Your Household
3 4 5
$ 20,900 $ 23,250 $ 25, 100
$ 33,500 $ 37,200 $ 40,150
6
$ 26,950
$43,150
7
$ 28,850
$ 46,150
8
$ 30,700
$ 49,100
3. Do you identifY yourself as:
_White _Black _Hispanic _American Indian! Alaskan Native
Asian Pacific Islander
4. Please state, yes or no, if you are a female Head of Household?
5. Please describe the condition that would qualifY you as being considered in one of the following categories: low- and moderate-
income household, abused child, battered spouse, elderly person, homeless person, disabled person, illiterate person, or migrant
farm worker.
ACKNOWLEDGMENT AND DISCLAIMER
I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MADE ON THIS FORM
ARE TRUE.
NAME:
ADDRESS:
SIGNATURE:
DATE:
PHONE NO:
The infonnation you provide on this Conn is for Community Development Block Grant (CDBG) program purposes only and will be kept confidential.
.Taken from 199& Section 8 Low-Income and Very Low-Income Limits.
98-134
EXHIBIT ---1- of
,
J
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Proiect! Activity Title:
Case Number: 330-23025/1634
Third District: Operation Grace Homeless Shelter Rehab
Namel Address of Contractor Agency:
Operation Grace
1595 E. Art Townsend Drive
San Bernardino, CA 92408
Date ofIssue:
-X.. Original:
Amendment #
INSURANCE INVENTORY
WORKERS' COMPENSATIONIEMPLOYER'S LIABILITY INSURANCE
Name of Program
Effective Dates
Employer's Liability Limit $
Certificate ofInsurance Attached
Yes
No: On File wi ECD
COMPREHENSIVE AND GENERAL AUTOMOBILE LIABILITY INSURANCE
Name of Contractor's General Insurance Company
Limits of Liability
Effective Dates
Per Occurrence $
Annual Aggregate $
Additional Insured Endorsement Attached
Yes
No: On File wi ECD
No: On File wi ECD
Certificate ofInsurance Attached
Yes
Name of Contractor's Automobile Liability Insurance Company
Limits of Liability Effective Dates
Per Person $
Per Accident $
Damage Liability $
Per Accident
ERRORS AND OMISSIONS LIABILITY INSURANCE
Name of Contractor's Insurance Company
Limits of Liability
Effective Dates
Per Occurrence $
Annual Aggregate $
Additional Insured Endorsement Attached
Certificate of Insurance Attached
Yes
Yes
No: On File wi ECD
No: On File wi ECD
PROFESSIONAL LIABILITY INSURANCE
Name of Contractor's Insurance Company
Limits of Liability
Effective Dates
Per Occurrence $
Annual Aggregate $
Additional Insured Endorsement Attached _ Yes
Certificate ofInsurance Attached
Yes
No: On File wi ECD
No: On File wi ECD
98-134
EXHIBIT
3 of 3
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Pro i ect! Activity Title:
Third District: Operation Grace Homeless Shelter Rehab
Case Number; 330-2302511634
Namel Address of Contractor Ag:ency:
Operation Grace
1595 E. Art Townsend Drive
San Bernardino, CA 92408
Date of Issue:
----X.. Original:
Amendment #
ANNUAL PROGRAM PROGRESS REPORT
For the Year of 199_
Under each type of service listed below, describe what your program has accomplished during this year. Include location,
number of persons served, serviceslbenefits provided, and a description of the clients served. Also report the number of "Un its
of Service" provided.
Tvoe of Service:
Anticipated Units of Service:
1.
Goal/mo.:
Actual/mo.:
2.
Goal/mo.:_ Actual/mo.:
3.
Goal/mo.:
Actual/mo.:
4.
Goal/mo.:_ Actual/mo.:
Total Number of Households(# of H)
or Persons (# ofP)
Served During This Year
MONTHLY DIRECT BENEFIT REPORT
(Unduplicated fIrst-time client counts onlv; Refer to infonnation provided on Beneficiary Qualification Statement Fonns)
Program beneficiaries are counted below as (Check on Iv one of the following): Households (HV)_ or Persons (PV)_
Number of Households (H) m: Persons (P) Directly Assisted:
Low Income (!!!!!y) Low and Moderate Income (combined total")
Counts By RacelEthnicity (The total of these counts shown below should equal the combined total" above):
White, not Hispanic Origin Black, not Hispanic Origin
Hispanic American Indian/Alaskan Native
Asian Pacific Islander Other: (Specify) I
Female Headed Households:
Signed
Title
Date
Print Name
Tel. NO.lExt
q
L-__