HomeMy WebLinkAbout1993-058
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RESOLUTION NO. 93-58
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
AUTHORITY FOR THE HANDICAPPED
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
(a) The Mayor of the City of San Bernardino is hereby
authorized and directed to execute, on behal f of the City, an
agreement for Community Development Block Grant funding with the
County of San Bernardino and the Authority for the Handicapped,
which agreement is attached hereto as Exhibit" 1" , 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 $50,800.
SECTION 2.
( a) The Authorizations to execute the above referenced
agreement is rescinded if the partL~s to the agreement shall fail
to execute it wi thin sixty ( 60) days of the passage of this
Resolution.
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RES 93-58
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION
OF A CDBG FUNDING AGREEMENT BETWEEN THE CITY, THE COUNTY OF SAN
2 BERNARDINO, AND THE AUTHORITY FOR THE HANDICAPPED
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I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a
reqular
, 1993, by the fOllowing vote, to wit:
7 day of
March
8 Council Members:
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ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
meeting thereof, held on the 8th
AYES
NAYS
ABSTAIN
x
y
x
x
y
1<
C~~~
/'
The foregoing resolution is hereby approved th'
of "',,'\~"'-<:....\, , 1993.
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
~~
0291e
2
ABSENT
x
"I '" I,
~
day
-'7
/;:/
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RES 93-58
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STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
)
)
)
ss
I, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of
Mayor and Common Council of the City of San Bernardino Resolution
No. is a full, true and correct copy of that now on file in
this office.
IN WITNESS WHEREOF, I have hereunto set
official seal of the Mayor and Common Council
Bernardino this _____ day of
my hand and affixed
of the City of San
, 1993.
the
City Clerk
City of San Bernardino
By:
Deputy
AJH:6044R
Res. 93-58
CONTRACT
This Contract is made and entered into this day
of , 1992, by and between the County of San
Bernardino, hereinafter referred to as "COUNTY", and the City of
San Bernardino, hereinafter referred to as "CITY" , and the
Authority for the Handicapped, hereinafter referred to as "CID".
WITNESSETH
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 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, the San Bernardino County Department of Economic and
Community Development, hereinafter referred to as "ECD", is
authorized to act on behalf of the County in administering the
County's CDBG program; and,
WHEREAS, the City of San Bernardino Economic Development
Agency, hereinafter referred to as "EDA", is authorized to act on
behalf of the City in administering the City's CDBG program; and
WHEREAS, COUNTY and CITY have determined that CID is eligible
to receive Federal assistance under Title I of the Housing and
Community Development Act of 1974, as amended; and,
WHEREAS, the Board of Supervisors of COUNTY has authorized
$10,000 and the Mayor and Common Council of the CITY has authorized
$50,800 of their Community Development Block grant funds for the
geothermal retrofit of CID; and,
WHEREAS, the city of San Bernardino WATER DEPARTMENT,
hereinafter referred to as DEPARTMENT has agreed to provide plans,
specifications and labor to accomplish the geothermal retrofit to
the CID facility; and,
WHEREAS, COUNTY, CITY and CID recognize the public benefit to
be derived by providing increased energy efficiency resulting from
geothermal retrofit to the CID facility; and,
WHEREAS, the parties hereto desire to provide for the
construction, operation and maintenance of the geothermal retrofit.
NOW, THEREFORE, COUNTY, CITY and CID, (hereinafter
collectively referred to as "PARTIES") for and in consideration of
the mutual covenants herein set forth and the mutual benefits to be
derived therefrom agree as follows:
-l-
RES 93-58
1. PURPOSE
This Contract is made for the purpose of providing Community
Development Block Grant funds from COUNTY and CITY to provide
for geothermal retrofit, hereinafter referred to as
"IMPROVEMENTS", to the Center for Individuals with
Disabilities, 8088 Palm Lane, San Bernardino, California
92410.
2. SCOPE OF PROJECT
DEPARTMENT shall provide tie-in and all retrofit necessary for
geothermal service to include the swimming pool and spa with
connections to the space heating and domestic water systems
wi thin the CID facil i ty. DEPARTMENT shall purchase all
materials and furnish all labor or contract for the purchase
of material and furnishment of labor, All purchases and work
to be performed will be in conformance with all HUD, State,
City and county rules, regulations and requirements.
3 . FUNDING
COUNTY shall provide Community Development Block Grant funds
in the amount of ten thousand dollars ($10,000) and CITY
shall provide Community Development Block Grant funds in the
amount of fifty thousand and eight hundred dollars ($50,800),
to purchase materials and furnish labor for all installation
work at the CID.
4. TIME OF PERFORMANCE
This Contract shall be effective upon the date of execution
and continue in force for the useful life of the IMPROVEMENTS,
in any event not less than ten (10) years.
5. COMPLIANCE WITH LAWS
For the purpose of this Contract, DEPARTMENT shall act as Lead
Agency for the construction of IMPROVEMENTS and shall bear the
responsibility for managing and keeping records, conducting
materials procurement, awarding materials contract (s) ,
disbursing materials payments and the on-going supervision for
the IMPROVEMENTS. All actions taken by DEPARTMENT as Lead
Agency shall comply with the provisions of the Housing and
Community Development Act of 1974 and any amendments thereto
(Federal Title 24 CFR, Part 570), Administrative Requirements
for Grants (Federal Title 24 CFR, Part 85), section 3 of the
Housing and Urban Development Act of 1968 (Federal Title 24
CFR, Part l35) and all other Federal and State statutes and
regulations applicable thereto. COUNTY and CITY reserve the
right to review any decision relating to applicable
regulations.
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RES 93-58
6. MAINTENANCE AND OPERATION
CID shall operate and maintain the Center for Individuals with
Disabilities and IMPROVEMENTS at the sole expense of CID.
Said IMPROVEMENTS shall be maintained in working order for the
term set forth in this Contract, Article 4, Time of
Performance. IMPROVEMENTS shall be operated at all times in
accordance with Federal, State and local laws, regulations
and safety standards.
7. ON SITE INSPECTION
COUNTY and CITY their officers, agents, employees, and persons
under contract with County or City and representatives of the
U,S. Department of Housing and Urban Development (HUD) will
have the privilege and right to onsite inspection of the
IMPROVEMENTS for the duration of this Contract. CID will
insure that its employees or agents furnish any information,
that in the judgment 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. POLITICAL ACTIVITY OR RELIGIOUS PROSELYTIZING
CID agrees that during the term of this Contract, the Center
for Individuals with Disabilities shall not be used for any
political activity in contravention of applicable law. CID
further agrees that the Center for Individuals with
Disabilities shall not be used for sectarian instruction or as
a place for religious worship. CID shall take all actions
necessary to comply with all laws, regulations, ordinances,
court and administrative decisions concerning the separation
of church and state.
9. ASSIGNMENT AND SUBLETTING
CID shall not assign, subordinate, or sue for financing, this
Agreement or any interest therein, unless COUNTY and city has
previously given its written consent. Provided, however, that
any approved assignment shall be subject to all the terms,
covenants and conditions of the Agreement. If CID attempts
to effect any unauthorized assignment, or transfer occurs by
operation of law, or this Agreement or any interest therein
is subjected to garnishment or sale under any execution of
any suit or proceeding brought against or by CID, or if CID
is adjudged bankrupt or insolvent by any court or upon CID's
making an assignment for the benefit of creditors, COUNTY and
CITY may, at their option, forthwith terminate this Agreement
upon written notice thereof to CID, and thereupon, no one but
COUNTY and CITY shall have any further rights hereunder.
-3-
RES 93-58
10. HYPOTHECATION OF REAL PROPERTY
During the term of this Agreement, CID or its successors,
shall not cause to be placed or permit to be placed any
encumbrance or lien on the real property covered under this
Agreement, or shall sell, transfer, mortgage or hypothecate
FACILITY without the written authorization of COUNTY AND CITY.
Notwithstanding Paragraph 11, violation of Agreement, and
any other provisions herein, CID shall reimburse COUNTY and
CITY for the fair market value of FACILITY less any portion
thereof attributable to expenditures of non-CDBG funds for
CID, should CID sell, hypothecate mortgage or encumber
FACILITY without the written authorization of CITY and COUNTY
during the term of this Agreement.
11. VIOLATION OF AGREEMENT
In the event that CID, or its successors, violates any of the
terms and conditions of this Agreement, COUNTY and/or CITY
shall give written notice of violation and demand for
correction. If, within thirty (30) days from receipt of
written notice, CID has not corrected the violation or show
acceptable cause, COUNTY and/ or CITY has the right to
terminate this Agreement. It is agreed that in the event of
a termination due to a violation of this Agreement by CID,
CID shall pay within ten (10) days of receipt of Notice of
Termination, the sum of $10,000 to COUNTY and $50,800 to CITY.
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. Such
termination shall not excuse CID from reimbursement provisions
in Paragraph 10, Hypothecation of Real Property, caused by the
sale of FACILITY.
l2. AFFIRMATIVE ACTION AND CONTRACT COMPLIANCE
Department and CID shall make every effort to ensure that all
projects funded wholly or in part by HUD CDBG funds shall
provide equal employment and career advancement opportunities
for minorities and women. In addition, Department and CID
shall make every effort to employ residents of the area and
shall keep a record of the positions that have been created
directly as a result of this Agreement.
San Bernardino County and the city of San Bernardino have
goals of 15 percent minority business enterprise (MBE) and 5
percent women business enterprise (WBE) participation for all
Agreements. Department and CID agrees to comply with the
provisions of the Affirmative Action Compliance Program of the
County of San Bernardino and the City of San Bernardino and
rules and regulations adopted pursuant thereto. Department
and CID shall comply with Executive Orders 11246, 11375,
11625, 12138, 12432, 12250, Title VII of the civil Rights Act
of 1964, the California Fair Employment Practice Act,
California Public Agreements Code 2000 and the San Bernardino
County M/WBE Policy No. ll-l5, and City of San Bernardino's
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RES 93-58
ordinances inacted by the Mayor and Common Council and other
applicable Federal, state and County laws, regulations and
policies relating to equal employment and contracting
opportunities, including laws and regulations hereafter
enacted. Information on these rules and regulations may be
obtained from the Contract Compliance Officer of the County
of San Bernardino at (714) 387-8894, or City of San Bernardino
Mayor's Office of Affirmative Action at (714)384-5004.
13. INDEMNIFICATION
CID agrees to indemnify, defend and hold harmless COUNTY and
CITY and its authorized agents, officers, volunteers and
employees, against any and all claims, or actions arising
from acts, errors or omissions of CID in performing services
pursuant to this agreement and for any costs or expenses
incurred by COUNTY or CITY on account of any claim therefore,
CID shall, at its own cost, expense and risk, defend any legal
proceedings that may be brought against COUNTY and/or CITY and
its officers, agents, and employees, on any liability, claim
or demand and satisfy any judgement that may be rendered
against any of them arising or resulting from activities of
Department and CID, its officers, agents and employees.
Department and CID shall assume liability for all and any
direct expense incurred in providing services pursuant to this
Agreement and shall assume any and all responsibilities for
loss or damage resulting from negligence, injury, illness, or
disease arising out of the provision of services. CID,
however, is obligated to promptly notify COUNTY and CITY in
writing of the occurrence of any such loss or damage.
CID shall indemnify and hold harmless CITY and COUNTY against
any liability, claims, loses, demands, and actions incurred by
COUNTY or CITY as a result of the determination by the United
states Department of Housing and Urban Development or its
successor that activities undertaken by CID under the
program(s) fail to comply with any laws, regulations or
policies applicable thereto or that any funds billed by and
disbursed to CID under this Agreement were improperly
expended.
14. INSURANCE REOUIREMENTS
In order to accomplish the indemnification provided in
Paragraph 13 (above), but without limiting the
indemnification, CID shall secure and maintain throughout the
term of this Agreement the following types of insurance issued
by companies acceptable to the CITY and COUNTY Risk Manager
with limits as shown:
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RES 93-58
Worker's 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 Employer's
Liability with $250,000 limits, covering all persons providing
services on behalf of CID and all risks to such persons under
this Agreement.
Comprehensive General and Automobile Liabilitv 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 ($1,000,000).
Errors and omissions Liability Insurance - Combined single
limits of one million dollars ($l,OOO,OOO) for bodily injury
and property damage; or,
Professional Liability Professional liability insurance
with limits of at least one million dollars ($1,000,000) per
claim and in the aggregate.
Additional Named Insured - All policies, except for the
Workers' Compensation coverage and Errors and Omissions or
Professional Liability, shall contain additional endorsements
naming CITY and COUNTY employees, agents, volunteers, and
officers as additional named insured with respect to
liabilities arising out of the performance of services
hereunder. For Professional Liability coverage CITY and
COUNTY shall be named as designated persons referencing this
Agreement's Number on the policy.
Waiver of Subroqation Riqhts - CID
of the above required coverage
subrogation against COUNTY and
volunteers, employees, contractors
shall require the carriers
to waive all rights of
CITY, their officers,
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 CITY and COUNTY.
Proof of Coveraqe - CID shall immediately furnish certificates
of insurance to ECD and EDA evidencing the insurance coverage
above required prior to the commencement of performance of
services hereunder. These certificates shall provide that
such insurance shall not be terminated or expire without
thirty (30)days written notice to CITY and COUNTY.
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I RES 93-58
within sixty (60) days of the commencement of this Agreement
Department and CID shall furnish certified copies of the
policies and endorsements. CID shall complete and submit
Insurance Inventory, along with the above required insurance
documents.
15. INSURANCE REVIEW
The above insurance requirements are subj ect to periodic
review by CITY AND COUNTY. CITY and COUNTY's Risk Managers
are authorized, but not required, to reduce or waive any of
the above insurance requirements whenever the Risk Managers
determine that any of the above insurance is not available,
is unreasonably priced, or is not needed to protect the
interests of CITY and COUNTY. In addition, if the Risk
Manager 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 CITY or COUNTY,
inflation, or any other item reasonably related to CITY or
COUNTY's risk.
Any such
Agreement
insurance
amendment
amendment
reduction or waiver for the entire term of this
and any change requiring additional types of
coverage or higher coverage limits must be made by
to this Agreement. CID agrees to execute any such
within thirty (30) days of receipt.
16. ADDITIONAL INSURANCE REOUIREMENTS
Department and CID shall, at its sole expense, obtain and
deliver to CITY and COUNTY 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 IMPROVEMENTS covered by the
insurance, CID shall use the entire insurance proceeds to
restore IMPROVEMENTS. The insurance required under this
paragraph shall be maintained by CID at its sole expense for
the term of this Agreement. 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 CITY and
COUNTY. Department and CID shall inform CITY and COUNTY in
writing of any change, expiration or renewal of said insurance
within thirty (30) days of the effective date of change.
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RES 93-58
17. CONFLICT OF INTEREST
CID,its agents and employees shall comply with all applicable
Federal, state, CITY and COUNTY laws and regulations governing
conflict of interest. To this end, CID will make available to
its agents and employees copies of all applicable Federal,
state, CITY and COUNTY laws and regulations governing conflict
of interest. In particular, Federal Regulations specify the
following requirement paraphrased from 24 CFR 570-611,
Conflict of Interest: No employers, agents consultants,
officers or elected officials or appointed officials, of
subrecipients which receive CDBG funds, who exercise or have
exercised any CDBG functions or who are in a position to
participate in a decision making process or gain inside
information, may obtain a personal or financial interest or
benefit from a CDBG assisted activity or any CDBG funded
contract, subcontract or agreement.
CID shall furnish to CITY and COUNTY, prior to execution of
this Contract, a written list of all current or proposed
subgrantees/subcontractors, vendors, or personal s e r v ice
providers, including subsidiaries of CID. This list should be
limited to those subcontractors vendors or personal service
providers, including subsidiaries and CID, which will receive
$10,000 or more during the term of this Contract. Such a list
shall include the names, addresses, telephone numbers, and
identification of principal party (ies), and a description of
services to be provided. During the term of this Contract,
CID shall notify CITY and COUNTY in writing of any change in
the list of subgrantees/subcontractors, vendors, personal
service providers or subsidiaries of CID within fifteen (l5)
days of change.
18. TERMINATION FOR LACK OF FUNDING
CITY and/or COUNTY may immediately terminate this Contract
upon termination, suspension, discontinuation or substantial
reduction in HUD Community Development Block Grant funding
of the Contract activity.
19. MODIFICATIONS
This Contract may be amended or modified only by written
agreement signed by all PARTIES. Failure by any party to
enforce any provision(s) of this Contract shall not be
construed as a waiver of the right to compel enforcement of
such provision(s) thereafter.
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RES 93-58
20. NOTICES
All notices shall be served in writing. The notices shall be
sent by prepaid First Class Mail to the following addresses:
For CITY:
For CID:
Economic Development Agency
Development Department
201 North E street
Third Floor
San Bernardino, CA 92401-l507
Authority for the Handicapped
CID
8088 Palm Lane
San Bernardino, CA 92410
with a copy to:
City of San Bernardino
Water Department
300 N. "D" Street
San Bernardino, CA 92418
For COUNTY
County of San Bernardino
Department of Economic
and Community Development
474 West Fifth Street
San Bernardino, CA 92415-0040
21. INVALID 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 competent
jurisdiction, each and all of the remaining terms, provisions,
sections, promises, covenants and conditions of the Contract
affected thereby, and shall be valid and enforceable to the
fullest extend permitted by law.
22. BINDING INTEREST
This Contract shall be binding on the PARTIES, successors in
interest, heirs and assigns.
IN WITNESS THEREOF, the PARTIES have caused this Contract to
be executed as of the day and year first written above.
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RES 93-58
COUNTY OF SAN BERNARDINO
By:
Dated:
SIGNED AND CERTIFIED THAT A
OF THIS DOCUMENT HAS BEEN
DELIVERED TO THE CHAIRMAN OF
THE BOARD.
EARLINE SPOAT
Clerk of the Board of
supervisors of the County
of San Bernardino
By:
Deputy
APPROVED AS TO LEGAL FORM
ALAN K. MARKS
County Counsel
By:
Deputy County Counsel
Dated:
R ec-aidjcojcity
j akju
-lO-
AUTHORITY FOR THE HANDICAPPED
By:
Chairman, Authority for the
Handicapped
Dated:
Bj"f
CITY OF
, Mayor
Bernardino
Dated:
-::. \;-\\~~
APPROVED AS TO LEGAL FORM AND
LEGAL CONTENT:
JAMES F. PENMAN
City Attorney
B~(Jo~
RES 93-58
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY
DEVELOPMENT
Proiect/Activitv Title:
Case Number: 218-l4603
CID - Geothermal Retrofit
Name/Address of Implementinq Department: Date of Issue:
Original:
Authority For The Handicapped
C.LD.
8088 Palm Lane
San Bernardino, CA 92410
Amendment #_
Insurance Inventorv
PRIMARY INSURANCE POLICY
Name of Contractor's Insurance Company
Effective Date of Policy
Claims Made Policy / /
Limits of Liability
Per Occurrence Policy / /
Deductibles:
Per Occurrence
Annual Aggregate
Additional Insured Endorsement Attached
Certified Copy of Policy Attached
Certificate of Insurance Attached
Yes
Yes
Yes
No
No
No
EXCESS/UMBRELLA POLICY
Name of Contractor's Insurance Company
Effective Dates
Limits of Liability
Underlying Coverage Limits
Name of Underlying Company
Additional Insured Endorsement Attached
Certified Policy (copy of) Attached
Certificate of Insurance Attached
Yes
Yes
Yes
No
No
No
7/14/92
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RES 93-58
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2.
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CONTRACT
This Contract is made and entered into this MAY 25 1993 day of
. 1993, by and between the County of San Bernardino, hereinafter
referred to as "COUNTY". and the City of San Bernardino. hereinafter referred to as
"CITY", and the Authority for the Handicapped, hereinafter referred to as
"AUTHORITY" .
IHTNESSETH
~EREAS. 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
Community Development Block Grant (COBG) Programs under the Housing and Community
Development Act of 1974, as amended. hereinafter referred to as the "ACT"; and.
~EREAS, the San Bernardino County Department of Economic and Community
Development hereinafter referred to as "ECO" , is authorized to act on behalf of the
County in administering the County's COBG program; and.
~EREAS, the City of San Bernardino Economic Development Agency, hereinafter
referred to as "EOA". is authorized to act on behalf of the City in administering the
City's CDBG program; and
~EREAS. COUNTY and CITY have determined that AUTIlORITY is eligible to receive
Federal assistance under Title I of the Housing and Community Development Act of
1974, as amended; and.
~E:RE:AS, COUNTY has authorized $10,000 and CITY has authorized $50.800 of CDBG
fUh~ for the geothermal retrofit of the Center for Individuals with Disabilities
facility, located at 8088 Palm Lane, San Bernardino. hereinafter referred to as
-FACILITY"; and,
~EREAS. CITY Yater Department. hereinafter referred to as "DEPARTMENT", has
agreed to provide plans. specifications and labor to accomplish the geothermal
retrofit of FACILITY; and.
WEREAS, COUNTY, CITY, and AUTHORITY recognize the public benefit to be derived
by providing increased energy efficiency resulting from geothermal retrofit to
FACILITY .
NOlI' TIlEREFORE, in consideration of the mutual covenants herein set forth and
the mutual benefits to be derived therefrom. the parties agree as follows:
1. PURPOSE
This Contract is made for the purpose of providing Community Development Block
Grant fUnds from COUNTY and CITY to provide for geothermal retrofit,
hereinafter referred to as "IMPROVEMENTS", to FACILITY.
I
res 93-58
2. SCOPE OF PROJ ECT
DEPARTMENT shall provide tie-in and all retrofit necessary for geothermal
services to include the swimming pool and spa with connections to the space
heating and domestic water systems at FACILITY. DEPARTMENT shall purchase all
materials and furnish all labor or contract for the furnishment of labor. All
purchases and work to be performed will be in conformance with all HUD, State,
City and County rules. regulations and requirements. AUTHORITY shall provide
services and programs for persons with disabilities at FACILITY at the sole
expense of AUTHORITY.
3. FUNDING
COUNTY shall provide Community Development Block Grant funds in the amount of
ten thousand dollars ($10.000) and CITY shall provide Community Development
Block Grant funds in the amount of fifty thousand eight hundred dollars
($50.800), to purchase materials and furnish labor for the construction of
IMPROVEMENTS. AUTHORITY shall be responsible for any additional funds
required to complete IMPROVEMENTS. COUNTY and CITY shall reimburse DEPARTMENT
for the cost of IMPROVEMENTS. Said reimbursement shall not exceed the amounts
stated above. Appropriate invoiced documentation shall be included with each
DEPARTMENT reimbursement request to both COUNTY and CITY.
4. TIME OF PERFORMANCE
This Contract shall be effective upon the date of execution and continue in
force for the useful life of the IMPROVEMENTS. in any event not less than ten
(10) years.
5. COMPLIANCE VITM LAYS
For the purpose of this Contract. DEPARTMENT shall provide construction
management services for the construction of IMPROVEMENTS and shall bear the
responsibility for managing and keeping records, conducting materials
procurement. awarding materials contract(s). disbursing materials payments and
the on-going supervision for the IMPROVEMENTS. All actions taken by
DEPARTMENT shall comply with the provisions of the Housing and Community
Development Act of 1974 and any amendments thereto (Federal Title 24 CPR, Part
570), Administrative Requirements for Grants (Federal Title 24 CPR, part 85).
Section 3 of the Housing and Urban Development Act of 1968 (Federal Title 24
CPR, part 135) and, all other Federal and State statutes and regulations
applicable thereto. COUNTY and CITY reserve the right to review any decision
relating to applicable regulations.
6. MAINTENANCE AND OPERATION
AUTHORITY shall operate and maintain FACILITY at the sole expense of
AUTHORITY. Said IMPROVEMENTS shall be maintained in working order for the
term set forth in this Contract. Article 4, Time of Performance. IMPROVEMENTS
shall be operated at all times in accordance with Federal, State and local
laws. regulations and safety standards.
2
I RES.93-58
7. ON-SITE INSPECTION
COUNTY and CITY their officers. agents. employees. persons under contract with
COUNTY or CITY and representatives of the U.S. Department of Housing and Urban
Development (HUD) will have the privilege and right to on-site inspection of
the IMPROVEMENTS for the duration of this Contract. AUTHORITY will ensure
that its employees or agents furnish any information, that in the judgement of
COUNTY. 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. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES
AUTHORITY 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.
9. ASSIGNMENT AND SUBLETTING
AUTHORITY 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
AUTHORITY 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 AUTIiORITY, or if AUTHORITY is adjudged bankrupt or insolvent by
any court or upon AUTIiORITY's making an assignment for the benefit of
creditors, COUNTY and CITY may, at their option, forthwith terminate this
Contract upon written notice thereof to AUTIiORITY, and thereupon. no one but
COUNTY and CITY shall have any further rights hereunder.
10. HYPOTHECATION OF REAL PROPERTY
During the term of this Contract, AUTIiORITY or its successors, shall not 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 Paragraph 11, Violation of Contract, and any other provisions
herein, AUTIiORITY shall reimburse COUNTY and CITY for the fair market value of
FACILITY less any portion thereof attributable to expenditures of non-CDBG
funds by AUTIiORITY should AUTIiORITY sell, hypothecate, mortgage or encumber
FACILITY without the written authorization of COUNTY and CITY during the term
of this Contract.
3
RES 93-58
11. VIOLATION OF CONTRACT
In the event that AUTHORITY or its successors, violates any of the terms and
conditions of this Contract. COUNTY and/or CITY shall give written notice of
violation and demand for correction. If, within thirty (30) days from receipt
of written notice, AUTHORITY has not corrected the violation or shown
acceptable cause, COUNTY and/or CITY 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 AUTHORITY, AUTHORITY shall pay within ten (10) days of receipt of
Notice of Termination, the sum of $10,000 to COUNTY and $50,800 to CITY. 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. Such te'rmlnation- shall not excuse' AUTHORITY from
reimbursement provisions in Paragraph 10, Hypothecation of Real Property,
caused by the sale of FACILITY.
12. AFFIRMATIVE ACTION AND CONTRACT COMPLIANCE
DEPARTMENT and AUTHORITY shall make every effort to ensure that all projects
funded wholly or in part by HUD CDBG funds shall provide equal employment and
career advancement opportunities for minorities and women. In addition,
DEPARTMENT and AUTHORITY shall make every effort to employ residents of the
area and shall keep a record of the positions that have been created directly
as a result of this Contract.
San Bernardino County, and the City of San Bernaridno have goals of fifteen
percent (15%) minority business enterprise (MaE) and five percent (5%) women
business enterprise (WBE) participation for all Contracts. DEPARTMENT and
AUTHORITY. agree to comply with the provisions of the Affirmative Action
Compliance Program of the County of San Bernardino and the City of San
Bernardino and rules and regulations adopted pursuant thereto. DEPARTMENT
and AUTHORITY shall comply with Executive Orders ll246. 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 the San
Bernardino County M/WBE Policy No. 11-15, and City of San Bernardino's
ordinances enacted by the Mayor and Common Council and other applicable
Federal, State and County laws, regulations and policies relating to equal
employment and contracting opportunities, including laws and regulations
hereafter enacted. Information on these rules and regulations may be obtained
from the Contract Compliance Officer of the County of San Bernardino at
(909) 387-2628, and City of San Bernardino Mayors-Office of Affirmation Action
at (909) 384-5004. .
13. HOLD HARMLESS
AUTHORITY shall indemnify and hold COUNTY and CITY, their officers, agents
volunteers and employees, harmless from and against any loss, liability.
claim, or damage that may arise or result from activities of AUTHORITY, its
officers, agents, volunteers and employees; and AUTHORITY shall. at its own
cost, expense and risk, defend any legal proceedings that may be brought
against COUNTY or CITY, their officers, agents, and employees, on any
liability, claim or demand and satisfy any judgement that may be rendered
against any of them arising or resulting from activities of AUTHORITY. its
officers, agents. and employees. AUTHORITY shall assume liability for all and
4
RES 93-58.
any direct expense incurred in providing services pursuant to this Contract
and shall assume any and all responsibilities for loss or damage resulting
from negligence, injury, illness, or disease arising out of the provision of
services. AUTHORITY, however, is obligated to promptly notify COUNTY and CITY
in writing of the occurrence of any such loss or damage.
AUTHORITY shall indemnify and hold harmless COUNTY and CITY against any
liability, claims, losses, demands, and actions incurred by COUNTY or CITY as
a result of a determination by the United States Department of Housing and
Urban Development or its successor or any other applicable agency of the
Federal government that activities undertaken by or under the direction and
control of AUTHORITY, COUNTY or CITY pursuant to AUTHORITY's request or on
behalf of AUTHORITY, -under the proglam(s) fail to comply with any laws,
regulations or policies applicable thereto or that any funds billed by and
disbursed to AUTHORITY under this Contract were improperly expended.
14. INSURANCE REOUIREMENTS
In order to accomplish the indemnification provided in Paragraph 13 (above),
but without limiting the indemnification, AUTHORITY shall secure and maintain
throughout the term of this Contract the following types of insurance issued
by companies acceptable to the COUNTY and CITY Risk Manager with limits as
shown:
Yorkers' Comoensation - A program of Yorker'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 liJDits,
covering all persons providing services on behalf of AUTIlORITY and all
risks to such persons under this Contract.
Comorehensive General and Automobile Liabilitv Insurance - This coverage
to include contractual coverage and automobile liability coverage for
owned, hired, and non-owned vehicles. The policy shall have combined
single liJDits for bodily injury and property damage of not less than one
million dollars ($1,000,000).
Errors and Omissions Liabilitv Insurance - Combined single liJDits of one
million dollars ($1,000,000) for bodily injury and property damage; or,
Professional Liabilitv - Professional liability insurance with liJDits of
at least one million dollars ($1,000,000) per claim and in the
aggregate.
Additional Named Insured - All policies, except for the Workers'
Compensation coverage and Errors and Omissions or Professional
Liability, shall contain additional endorsements naming COUNTY
employees, agents, volunteers, and officers as additional named insured
with respect to liabilities arising out of the performance of services
hereunder. For Professional Liability coverage COUNTY shall be named as
a designated person referencing this Contract's Number on the policy.
5
RES 93-58
Waiver of Subro2ation Ri2hts - AUTHORITY shall require the carriers of
the above required coverage to waive all rights of subrogation against
COUNTY, its officers, volunteers, employees. contractors and
subcontractors.
Policies Primary and Non-Contributorv - 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 Covera2e - AUTHORITY shall immediately furnish certificates of
insurance to ECD evidencing the insurance coverage above required prior
to the commencement of performance of services hereunder. These
certificates shall provide that such insurance shall not be terminated-'-
or expire without thirty (30) days written notice to COUNTY. Within
sixty (60) days of the commencement of this Contract AUTHORITY shall
furnish certified copies of the policies and endorsements. AUTHORITY
shall complete and submit Contract Exhibit 1 of I, Insurance Inventory,
along with the above required insurance documents.
15. INSURANCE REVIEW
The above insurance requirements are subject to periodic review by COUNTY and
CITY. COUNTY or CITY Risk Manager is 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 or CITY. In
addition, if the Risk Manager determines that heretofore unreasonably priced
or unavailable types of insurance coverage or coverage limits become
reasonably priced or available, the Risk Manager is authorized, but not
required, to change the above insUrance requirements to require additional
types of insurance coverage or higher coverage limits, provided that any such
change is reasonable in light of past claims against COUNTY or CITY,
inflation, or any other item reasonably related to COUNTY's or CITY's risk.
Any such reduction or waiver for the entire term of this Contract and any
change requiring additional types of insurance coverage or higher coverage
limits must be made by amendment to this COntraCt. AUTHORITY agrees to
execute any such amendment within thirty (30) days of receipt.
16. ADDITIONAL INSURANCE REOUIREMENTS
AUTHORITY 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, AUTHORITY shall use the
entire insurance proceeds to restore FACILITY. The insurance required under
this paragraph shall be maintained by AUTHORITY 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. AUTHORITY 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.
6
,
RES. 93-58
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 AUTHORITY.
18. TERMINATION
COUNTY and/or CITY may immediately terminate this Contract upon termination,
suspension, discontinuation or substantial reduction in HUD Community
Development Block Grant funding of the Contract activity or the reprogramming
of said funds as deemed necessary by COUNTY or CITY, or for the convenience of
COUNTY or CITY.
19. 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; 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.
20. AMENDMENTS: VARIATIONS
This writing with attachments, embodies the whole of this Contract of the
parties hereto. There are no oral agreements 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.
21. INVALID 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
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.
22. BINDING INTEREST
This Contract shall be binding on the parties, successors in interest, heirs
and assigns.
7
RES 93-58
23. NOTICES
All notices shall be served in writing. The notices shall be sent by prepaid
First Class Mail to the following addresses:
COUNTY
County of San Bernardino
Department of Economic and
Community Development
474 West Fifth Street
San Bernardino, CA 92415-004
AUTHORITY
Authority for the Handicapped
8088 Palm Lane
San Bernardino, CA 92410
gry
City of San Bernardino
Development Department
20l N. "E" Street, 3rd Floor
San Bernardino, CA 92401-1507
8
RES 93-58
"
IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of
the day and year written above.
COUNTY OF SAN BERNARDINO
By:
Supervisors
Date:
MAY 2 5 1993
By:
APPROVED AS TO LEGAL FORM
.~
By: '( D
Date: M 93
AGHTS/93CID.M&O
3/25/93/BT/pn
AUTHORITY FOR THE HANDICAPPED
By:
Date:
CITY OF SAN BERNARDINO
../"
Date:
APPROVED AS TO LEGAL FORM AND
LEGAL CONTENT:
JAMES F. PENMAN
City~
By: /.
./
Date:
9
RES 9j-58
""
~-_.,......' ..'
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY
DEVELOPMENT
Proiect/Activitv Title:
Case Number: 218-14603
CID - Geothermal Retrofit
Name/Address of Imolementino Deoartment:
Date of Issue:
_ Original:
Amendment. #_
Authority For The Handicapped
. C.LD."
8088 Palm Lane
San Bernardino, CA 92410
Insurance Inventorv
PRIMARY INSURANCE POLICY
Name of Contractor's Insurance Company
Effective Date of Policy
Claims Made Policy I /
Limits of Liability
Deductibles:
Per Occurrence
Annual Aggregate
Per Occurrence Policy I I
Additional Insured Endorsement Attached
Certified Copy of Policy Attached
certificate of Insurance Attached
Yes
Yes
Yes
No
No
No
EXCESS/UMBRELLA POLICY
Name of Contractor's Insurance company
Effective Dates
Limits of Liability
Underlying Coverage Limits
Name of Underlying Company
Additional Insured Endorsement Attached
Certified Policy (copy of) Attached
Certificate of Insurance Attached
Yes
Yes
Yes
No
No
No
7/14/92
-11-
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