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HomeMy WebLinkAbout1997-062 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 97-62 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORlZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO AND THE ASSISTANCE LEAGUE Be it resolved by the Mayor and Common Council of the City of San Bernardino as follows: SECTION I (a) The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of the City, an agreement for Community Development Block Grant funding with the County of City of San Bernardino and the Assistance League, which agreement is attached hereto as Exhibit" I ", and is incorporated herein by reference as though fully set forth at length. The Agreement provides for the granting of Community Development Block Grant funds in the amount of Sixty Thousand Dollars ($60,000). SECTION II (a) The authorization to execute the above referenced amendment is rescinded if the parties to the agreement shall fail to execute it within sixty (60) days of the passage of the Resolution. IIII IIII IIII IIII IIII 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 97.,.62 I 2 3 4 5 6 7 8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, THE COUNTY OF SAN BERNARDINO AND THE ASSISTANCE LEAGUE 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 regular meeting thereof, held on the 3rd day of March , 1997, by the following vote, to wit: 9 COUNCIL MEMBERS 10 AYES NAYS ABSTAIN ABSENT x NEGRETE CURLIN ARIAS OBERHELMAN DEVLIN ANDERSON MILLER x x x x x x _ JafJfLM1;(}tP cLWJ{L Oeputy City Clerk The foregoing resolution is hereby approved this '14 day of March 1997. ~ -e/ ~ -'tp/1'{ (ltRL Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: By: C:\Lisa\ I5a02-97.09.msc 97-62 MINUTES OF THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA Agree. 97-173 March 25, 1997 FROM: THOMAS R. LAURIN, DIRECTOR DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT ~" SUBJECT: CONTRACT WITH CITY OF SAN BERNARDINO AND ASSISTANCE LEAGUE OF SAN BERNARDINO, INC., FOR FACILITY REHABILITATION IMPROVEMENTS - THIRD AND FIFTH DISTRICTS RECOMMENDATION: Approve contract with the City of San Bemardino and Assistance League of San Bemardino Inc., in the amount of $91,000 for rehabilitation improvements and the maintenance and operation of the Assistance League facility located in San Bemardino, to pennit the continuation of dental services and related programs for low-and moderate-income households residing in the Third and Fifth Supervisorial Districts. BACKGROUND INFORMATION: Each year the County receives an entitlement grant under the Community Development Block Grant (CDBG) program for funding activities that benefit low-and moderate-income families. As part of the 1994-95 and 1995-96 CDBG program, the Board of Supervisors allocated a total of $31,000, for the rehabilitation improvements at the Assistance League facility. The Assistance League of San Bemardino is a non-profit philanthropic organization, and the CDBG funded improvements will pennit the Assistance League to continue providing dental services to lower income families of the San Bemardino area communities. On May 6, 1995, the Mayor and Common Council of the City of San Bemardino, acting as the City's Community Development Commission, also approved $60,000 in Community Development Block Grant funds for this project. Under this contract, the County will use its funding contribution to provide construction management services for the project. The Assistance League of San Bemardino, Inc. will continue to maintain and operate the facility for ten (10) years from the date of completion of the facility improvements. The contract specifies the tenns and assurances necessary for compliance with County requirements and CDBG program regulations. REASON FOR RECOMMENDATION: CDBG Regulation 24CFR570.503, Agreements With Subrecipients, and County of San Bemardino Standard Policy No. 11-10 require Board of Supervisors' approval of contracts. REVIEW BY OTHERS: The contract was reviewed and approved by Deputy County Counsel Paul SI. John on January 14,1997; Risk Management (Pamela Thompson) on February 13, 1997; and the Department of Economic and Community Development's Contract Compliance designee (David Larsen) on March 12, 1997, This action was reviewed by staff of the Third and Fifth Supervisorial Districts, cc: ECD-Tom Laurin w/agreement City of San Bemardino w/2 agreements do ECD Assistance League of SB w/agreement do ECD Auditor w/agreement Contract Compliance w/agree. Risk Management PSG File w/agreement Action of the Board of Supervisors AGREEMENT NO. 97-173 APPROVED BOARD OF SUPERVISORS COUN RNARDINO ErHIB/T ''1'' MOTION ~ I BY 14-9507.()(J() Rev, 01/96 mil ITEM 023 97-62 CONTRACT WITH CITY OF SAN BERNARDINO AND ASSISTANCE LEAGUE OF SAN BERNARDINO, INC., FOR FACILITY REHABILITATION IMPROVEMENTS - THIRD AND FIFTH DISTRICTS March 25. 1997 Page 2 of 2 . FINANCIAL DATA: County CDBG funds in the amount of $31 ,000 have been allocated to this project. The City of San Bernardino has allocated $60,000 in CDBG funds. This action was has no effect on the County General Fund. PRESENTER: Thomas R. Laurin, Director, 388-0808. , MARCH 25,1997 ITEM 023 . >0 '. 97'-62 . E New M Change X Cancel County Department Economic and Community Development County Department Contract Representative Vendor Code FOR COUNTY USE ONL Y Dept. Contract Number '" sc ECD A Orgo. PROJ 97-173 Dept. ECO Contractor's License No. Ph. Ext. Amount of Contract County of San Bernardino TH MA Fund Dept. SBA ECO Organizatbn PROJ Obj/Rev Source 2005 Activity GRC/PROJ/JOB Number 00001064 FAS CONTRACT TRANSMITTAL Commodity Code Estimated Payment Total by Fiscal Year FY Amount 110 FY Amount 97 $31,000 ---00 NU I ~NCUMHbK - ARCHITECTURE; BUILDING - -- AND ENGINEERING DEPARTMENT PROJECT 1/0 Project Name Multi-District: Facility Rehabilitation - San Bernardino Assistance Lea ue 300-19114 City of an ernar lTIO an Assistance League of San Bernardmo, Inc, (A Non-Profit Agency) CONTRACTOR N/A Federal ID No, or Social Security No. Ms, Elsa Carlton 95-6065105 Birth Date Contractor's Representative Address 580 West 6th Street, San Bernardino, CA 92410 Phone (909) 889-9565 Nature of Contract: (Briefly describe the general terms of the contract! This Contract, between the County of San Bernardino, the City of San Bernardino, and the Assistance League of San Bernardino, Inc., provides for the funding, design, construction, maintenance and operation of rehabilitation improvements at the Assistance League denial health facility located at 580 W. Sixth Street, in the City of San Bernardino. The City of San Bernardino will provide $60,000 in Community Development Block Grant (CDBG) funds and the County will provide $31,000 in CDBG funds to the project. The County of San Bernardino will provide construction management services for the project. The Assislance League will be responsible for maintenance and operation of improvements to the facility for no less than ten (10) years following the completion of the improvements at their sole expense. (Attach this transmittal to aU contracts not prepared on the "Standard Contract" form.) Approved as to Legal Form ~6Z Reviewed as to Affirm tive Action '~ '3 - /J-.. - 7 7 Reviewed for Processing ~ Agency AdministratorfCAO Date Date 02-12294-000 Rev. 11190 97-62 SAN BERNARDINO COUNTY DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT MAINTENANCE AND OPERA TION'CONTRACT WITH THE CITY OF SAN BERNARDINO AND THE ASSISTANCE LEAGUE OF SAN BERNARDINO, INC. This Contract is made and entered into this day of MAR 2 5 1997 , 19_, by and between the County of San Bernardino, hereinafter referred to as "COUNTY", the City of San Bernardino, hereinafter referred to as "CITY", and the Assistance League Of San Bernardino, Inc., hereinafter referred to as "ASSISTANCE LEAGUE", WHEREAS, COUNTY and CITY have entered into contracts 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) Programs 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 "CDD," 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 thirty one thousand dollars ($31,000) for various facility rehabilitation improvements at ASSISTANCE LEAGUE facility; and, CITY has approved sixty thousand dollars ($60,000) in CDBG funding for these same facility rehabilitation improvements; and, WHEREAS, COUNTY, CITY, and ASSISTANCE LEAGUE recognize the public benefit in providing ASSISTANCE LEAGUE facility and its related programs to the low-and moderate income residents of the communities of the Third and Fifth Supervisorial Districts and the CITY; and, WHEREAS, ASSISTANCE LEAGUE currently maintains and operates said facility and related programs at the sole expense of ASSISTANCE LEAGUE; and, WHEREAS, title to the property is vested with ASSISTANCE LEAGUE; and, WHEREAS, COUNTY, CITY and ASSISTANCE LEAGUE desire to have COUNTY manage and direct the construction of 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: 97'-62 1. PURPOSE OF CONTRACT This Contract is made for the purpose of identifying the parties responsible for the construction of rehabilitation improvements to and maintenance and operation of the ASSISTANCE LEAGUE facility Dental Health Center located at 580 West 6th Street in San Bernardino, California hereinafter referred to as "FACILITY." ( 2. SCOPE OF PROJECT COUNTY and CITY shall construct FACILITY rehabilitation improvements, hereinafter to referred to as "IMPROVEMENTS," to include: asbestos removal, roof replacement and rehabilitation; ceiling repair, electrical and plumbing rehabilitation and repair; substructure repair, painting, fixed equipment replacement and termite control. Additional improvements may be included only after written agreement between ASSISTANCE LEAGUE, COUNTY, and CITY. ASSISTANCE LEAGUE shall maintain and operate the IMPROVEMENTS for the operation of its dental health center services and related programs to low-and moderate-income persons residing in the Third and Fifth Supervisorial Districts and the City of San Bernardino. 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 ofthis Contract and the adm inistration 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 thirty one thousand dollars ($31,000) for the purpose of constructing IMPROVEMENTS. CITY shall provide CDBG funds in an amount not to exceed sixty thousand dollars ($60,000) for the purpose of design and construction of IMPROVEMENTS. Within ten (10) working days upon written demand by COUNTY, CITY shall pay appropriate costs associated with complelion ofIMPROVEMENTS. Appropriate invoiced documents shall be included in said written demand by COUNTY, Any costs to construct IMPROVEMENTS in excess ofthe amounts available in this section shall be the sole responsibility of ASSISTANCE LEAGUE. This condition however, does not preclude COUNTY or CITY from providing additional funding at their sole discretion. 5. CONSTRUCTION MANAGEMENT COUNTY, CITY and ASSISTANCE LEAGUE agree COUNTY shall provide construction management services necessary for the timely and successful completion of IMPROVEMENTS. Construction management services shall be included as part ofIMPROVEMENTS. 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. 2 97-62 6. MAINTENANCE AND OPERATION ASSISTANCE LEAGUE shall have sole responsibility for the maintenance and operation of IMPROVEMENTS at the sole expense of ASSISTANCE LEAGUE for a period of not less than ten (10) years beginning upon the date of completion of IMPROVEMENTS. COUNTY shall notify ASSISTANCE LEAGUE in writing of said date of complHion ofIMPROVEMENTS, FACILITY shall be maintained and operated at all times for the purpose of dental health center services and related programs as identified in Section 2, Scope of Project, and in accordance with federal, state and local laws, regulations and safety standards, ASSISTANCE LEAGUE shall be responsible for completing and submitting to COUNTY and CITY any and all certification forms provided by CITY or COUNTY, on the use of FACILITY. 7. ON-SITE INSPECTION COUNTY and CITY, their officers, agents, employees, persons under contract with COUNTY and CITY and representatives of HUD, will have the privilege and right to on-site inspection ofthe FACILITY for the duration of this Contract, ASSISTANCE LEAGUE 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. 8, AFFIRMATIVE ACTION AND CONTRACT COMPLIANCE ASSISTANCE LEAGUE shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities, women disabled veterans. In addition, ASSISTANCE LEAGUE shall make every effort to employ residents of the areas specified in SECTION 2. SCOPE OF PROJECT and shall keep a record of the positions that have been created directly as a result ofthis Contract. COUNTY has a goal of 15 percent (15%) Minority Business Enterprise (MBE), 5 percent (5%) Women Business Enterprise (WBE) and 3 percent (3%) Disabled Veteran Business Enterprise (DVBE) participation for all contracts, ASSISTANCE LEAGUE agrees ,to comply with the provisions of the Affirmative Action Compliance Program of COUNTY and CITY and rules and regulations adopted pursuant thereto. ASSISTANCE LEAGUE 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, California Public Contracts Code 2000 and COUNTY M/W /DVBE Policy No. 11-15 as revised, and other applicable federal, state, COUNTY and CITY laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. 9. COMPLIANCE WITH LAWS All parties agree 10 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. 3 97-62 10. INDEMNIFICATION ASSISTANCE LEAGUE agrees to indemnifY, defend and hold harmless COUNTY and CITY and their authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising from ASSISTANCE LEAGUE acts, errors or omissions and for any costs or expenses incurred by COUNTY and CITY on' accoUl~, of any claim therefore, except where such indemnification is prohibited by law. ASSISTANCE LEAGUE shall promptly notifY COUNTY and CITY in writing of the occurrence of any such claims, actions, losses, damages, and/or liability. ASSISTANCE LEAGUE shall indemnify and hold harmless COUNTY and CITY against 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 ASSISTANCE LEAGUE under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to ASSISTANCE LEAGUE under this Contract were improperly expended, II. INSURANCE REOUlREMENTS Without in any way affecting the indemnity herein provided and in addition thereto, ASSISTANCE LEAGUE shall secure and maintain throughout the Contract the following types of insurance with limits as shown: Workers' Compensation - 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 Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of ASSISTANCE LEAGUE and all risks to such persons under this Contract. Comorehensive 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 ($1,000,000). Errors and Omissions Liabilitv Insurance - Combined single limits of$I,OOO,OOO for bodily injury and property damage and $ 3,000,000 in the aggregate or Professional Liabilitv - 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 Subrol!ation Ril!hts - Except for Errors and Omissions and Professional Liability, ASSISTANCE LEAGUE shall require the carriers of the above required coverage to waive all rights of subrogation against COUNTY and CITY, and their officers, employees, agents, volunteers, contractors and subcontractors. 4 91'-62 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 and CITY. Proof of Coverage - ASSISTANCE LEAGUE shall immediately furnish certificates of insurance to ECD and CDD evidencing the insura{lce cov~rage, 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 CDD, and ASSISTANCE LEAGUE shall maintain such insurance from the time ASSISTANCE LEAGUE commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Contract, ASSISTANCE LEAGUE shall furnish certified copies of the policies and all endorsements. ASSISTANCE LEAGUE shall complete and submit Contract Exhibit 1 of 3, Insurance Inventory, along with the above required insurance documents. ]2. INSURANCE REVIEW The above insurance requirements are subject to periodic review by COUNTY and CITY. The COUNTY's and CITY's Risk Managers are authorized, but not required, to reduce or waive any ofthe 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 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. ASSISTANCE LEAGUE agrees to execute any such amendment within thirty (30) days of receipt. 13. ADDITIONAL INSURANCE REOUIREMENTS ASSISTANCE LEAGUE shall, at its sole expense, obtain and deliver to COUNTY and CITY for their approval, a certification or policy 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, ASSISTANCE LEAGUE shall use the entire insurance proceeds to restore FACILITY. The insurance required under this section shall be maintained by ASSISTANCE LEAGUE at its 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. ASSISTANCE LEAGUE 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. 5 97:"62 14. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES ASSISTANCE LEAGUE agrees that it 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. 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. IS. 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 ASSISTANCE LEAGUE. 16, ASSIGNMENT AND SUBLETTING ASSISTANCE LEAGUE 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 ASSISTANCE LEAGUE 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 ASSISTANCE LEAGUE, or if ASSISTANCE LEAGUE is adjudged bankrupt or insolvent by any court or upon ASSISTANCE LEAGUE making an assignment for the benefit of creditors, COUNTY and CITY may, at their option, forthwith terminate this Contract upon written notice thereof to ASSISTANCE LEAGUE, and thereupon, no one but COUNTY and CITY shall have any further rights hereunder. 17. HYPOTHECATION OF REAL PROPERTY During the lerm of this Contract, neither ASSISTANCE LEAGUE, nor its 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, ASSISTANCE LEAGUE shall reimburse COUNTY and CITY for the fair market value of FACILITY less any portion thereof attributable to expenditures of non-CDBG funds for FACILITY, should ASSISTANCE LEAGUE sell, hypothecate, mortgage or encumber FACILITY without the written authorization of COUNTY and CITY during the term ofthis Contract. 18. VIOLATION OF CONTRACT In the event that ASSISTANCE LEAGUE violates 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, ASSISTANCE LEAGUE has 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 of a termination due to a violation of this Contract by ASSISTANCE LEAGUE, ASSISTANCE LEAGUE shall within ten (10) days of receipt of Notice of Termination, pay to COUNTY the sum of thirty one thousand dollars ($31,0000) and to CITY the sum of sixty thousand dollars 6 97-62 ($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 and CITY for ASSISTANCE LEAGUE programs shall be in addition to that contained herein, Such termination shall not excuse ASSISTANCE LEAGUE from reimbursement provisions in Section 17, Hypothecation of Real Property. . 19. TERMINA nON 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, 20. 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 oftime 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. 21, BENEFICIARY OUALIFICA nON Persons qualifying for program services on the basis of income, hereinafter referred to as "BENEFICIARIES", shall have an annual household gross income equal to or less than the U.S. Department of Housing and Urban Development (HUD) Section 8 (of the United States Housing Act of 1937) Income Limits. HUD Section 8 Income Limits for the Riverside-San Bernardino PMSA, define the maximum annual household gross income for low-and moderate-income households. ASSISTANCE LEAGUE is responsible for obtaining from COUNTY and CITY the said current applicable HUD Section 8 Income Limits for each year of the Contract term identified in Paragraph 2, Time of Performance. Under CDBG regulations, the following clientele categories are presumed to be low-and moderate-income persons and can qualify for service regardless of income: Abused Children; Battered Spouses; Elderly Persons (60 and older); Handicapped Persons; Homeless Persons; Illiterate Persons; Migrant Farm Workers. ASSISTANCE LEAGUE shall document the household income of all BENEFICIARIES, by obtaining completed copies of the "Beneficiary Qualification Statement", Exhibit 2 of3. ASSISTANCE LEAGUE shall retain these forms for three (3) years after conclusion ofthis Contract. 22. PROGRAM REPORTING ASSISTANCE LEAGUE agrees to prepare and submit financial, program progress, evaluations, and other reports as required by HUD or COUNTY and CITY directives. ASSISTANCE LEAGUE 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 ASSISTANCE LEAGUE records, with the exception of confidential client information, shall be made available to representatives of COUNTY and CITY and the appropriate federal agencies. ASSISTANCE LEAGUE 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 ofECD or his designee and CITY Director of COD or his designee, ASSISTANCE LEAGUE shall submit a completed Program 7 97-62 Progress Report, Exhibit 3 of 3, for each year of this Contract. ASSISTANCE LEAGUE shall also provide the Direct Benefit infonnation included on this exhibit, as necessary for completion of the Annual Grantee Performance Report. 23. AMENDMENTS: VARIATIONS This writing with attachments, embodies the whdle of this Contract of the parties hereto. There are no oral contracts not contained herein. Except as herein provided, addition or variation of the tenns of this Contract shall not be valid unless made in the form of a written amendment to this Contract fonnally approved and executed by the parties. 24. !NV ALID CONDITIONS If anyone or more of the tenns, 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 lenns, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent pennitted by law. 25. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. 26. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: COUNTY County of San Bernardino Department of Economic and Community Development 290 N. "D" St., Sixth Floor San Bernardino, CA 92415-0040 CITY City of San Bernardino Economic Development Agency Community Development Department 201 North "E" Street, Ste, 301 San Bernardino, CA 9240 I ASSISTANCE LEAGUE Assistance League of San Bernardino, Inc. 580 West 6th Street San Bernardino, CA 92410 27. 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 ASSISTANCE LEAGUE 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 ASSISTANCE LEAGUE or such person by reason of such detennination, 8 97-62 C. ASSISTANCE LEAGUE 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 ASSIST ANCELEAGUE will make the Contract terms subject to renegotiation. E. It is expressly understood and agreed that COUNTY and CITY do not, in any way nor for any purpose, become a partner of ASSISTANCE LEAGUE, or a joint venturer with ASSISTANCE LEAGUE. 9 97-62 IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year first written above. COUNTY OF SAN BERNARDINO By: dk:=. APPROVED AS TO LEGAL FORM ALAN K. MARKS COUNTY and CITY COUNSEL Date: By: Deputy County 0 AGMTS/96ASSLGE.M&O 12/1 0/96/LP/bjj CITY OF SAN BERNARDINO ~{1u~ tiayor Date: )llAi.cL Y,/H7 By: By: ~pu~ Deputy City Clerk () Date: )ll~lc,L {; / /r97 ASSISTANCE LEAGUE OF SAN BERNARDINO, INe. ,~ I;;;./~ ard of Directors Date: 1- b.. 71 10 97-62 EXHIBIT I of 3 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Proiect! Activity Title: Multi-District: Community Dental Facility Rehabilitation - San Bernardino Assistance League Case Number: 300-19114/1064 Name/Address of Contractor Al!ency: Assistance League of San Bernardino, Inc. 5 80 West 6th Street San Bernardino, CA 924 I I Date of Issue: -X Original: Amendment #_ INSURANCE INVENTORY GENERAL LIABILITY INSURANCE Name of Contractor's Insurance Company: Firemans Fund Insurance Effective Dates: 10-18-96 to 10-18-97 Limits of Liability: Per Occurrence: $1.000,000 Additional Insured Endorsement Attached ~ Yes Annual Aggregate:$1.000,OOO Certificate ofInsurance Attached ~ Yes No: On File w/ ECD No: On File w/ ECD PROFESSIONAL LIABILITY INSURANCE Name of Contractor's Insurance Company: Firemans Fund Insurance Effective Dates: 10-18-96 to 10-18-97 Limits of Liability : Per Occurrence $ I .000,000 Additional Insured Endorsement Attached ~ Yes Annual Aggregate $1.000,000 Certificate ofInsurance Attached ~ Yes No: On File w/ ECD No: On File w/ ECD ERRORS AND OMISSIONS INSURANCE Name of Contractor's Insurance Company NOT APPLICABLE Effective Dates Limits of Liability Per Occurrence $ Additional Insured Endorsement Attached Annual Aggregate $ Certificate of Insurance Attached Yes Yes No: On File w/ ECD No: On File w/ ECD WORKERS' COMPENSATION/EMPLOYER'S LIABILITY INSURANCE Name of Program: CAL COMP INSURANCE Effective Dates: 10-1-96 to 10-1-97 Employer's Liability Limit $1.000 000 Certificate of Insurance Attached ~ Yes No: On File w/ ECD FIRE INSURANCE Name of Contractor's Insurance Company: Fireman's Fund Insurance Effective Dates: 10-18-96 to 10-18-97 Limits Of Liability: Replacement Cost Value: $50.000 Additional Insured Endorsement Attached ~ Yes No: On File w/ECD Certificate ofInsurance Attached ---X.... Yes No: On File w/ECD " . 97-62 EXHIBIT 2 of 3 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Proiect! Activity Title: Multi-District: Community Dental Facility Rehabilitation - San Bernardino Assistance League Case Number: 300-19114/1064 Name/Address of Contractor A",ency: Assistance League of San Bernardino, Inc. 580 West 6th Street San Bernardino, CA 92411 Date of Issue: --X Original: Amendment # BENEFICIARY OUALIFICATION 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 Wlfelated 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 1996-97 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 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 MODERATE amount for the number of persous iu your household. I LOW $ 15,150 MODERATE $ 24,250 Do you identify yourself as: White Black Number of Persons in Your Household 2 3 4 5 $ 17,300 $ 19,500 $ 21,650 $ 23,400 $ 27,700 $ 31,200 $ 34,650 $ 37,400 6 $ 25,100 $ 40,200 7 $ 26,850 $ 42,950 8 $ 28,600 $ 45,700 3. _ Hispanic _ American Indian _ Asian Other 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 MADEON THIS FORM ARE TRUE. NAME: ADDRESS: SIGNATURE: The information you provide on this form is for Community Development Block Grant (COSO) program purposes only and will be kept confidential. *Taken from Section 8 1996-97 Low and Very Low Income Limits. DATE: PHONE NO: , ". 97-62 EXfllBIT 3 of 3 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Proiect/Activity Title: Multi-District: Community Dental Facility Rehabilitation- San Bernardino Assistance League Case Number: 300-19114/1064 Name/Address of Contractor Al!encv: Assistance League of San Bernardino, Inc. 580 West 6th Street San Bernardino, CA 92411 Date ofIssue: -.X Original: Amendment #_ ANNUAL PROGRAM PROGRESS REPORT YEAR Under each type of service listed below, describe what your program has accomplished during this year. 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, Type of Service: Units of Service: I. Dental Health Exams/Treatments: 2. Dental Health Outreach and Education: Total Number of Households or Persons Served During This Year ANNUAL DIRECT BENEFIT REPORT (Unduplicated first-time client counts only) Program beneficiaries are counted below as: Households (H)~ or Persons (P)~ Number of Households or Persons Directly Assisted: Low Income (only) _ Low and Moderate Income (combined total)_ Counts By RacelEthnicity (The total of these counts should equal the combined total above): White, Not Hispanic Origin Black, not Hispanic Origin Hispanic American Indian/Alaskan Native Asian Pacific Islander Other: (Specify) / Female Headed Households: Signed Title Date Print Name Tel. No.lEx!.