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HomeMy WebLinkAbout1991-331 1 RESOLUTION NO. 91-331 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT BY AND BETWEEN THE COUNTY OF SAN 3 BERNARDINO, THE CITY OF SAN BERNARDINO AND CASA RAMONA, INC. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said City a contract by and between the County of San Bernardino, the City of San Bernardino and Casa Ramona. SECTION 2. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San regular Bernardino at a meeting thereof, held on the 15th day of July 1991, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA X REILLY x HERNANDEZ x MAUDSLEY x MINOR X POPE-LUDLAM x MILLER x -- c~~rk - / / / DAB/ses/Ramona.res 1 July 11, 1991 1 RESOLUTION. . . AUTHORIZING THE EXECUTION OF A CONTRACT. . . CASA RAMONA, INC. ... 2 3 4 5 6 7 Approved as to form and legal content: 8 of The foregoing resolution is hereby approved t~26th day Julv , 1991. JAMES F. PENMAN, 1: ~itY Attorne BY~_~ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAB/ses/Ramona.res } 2 July 11, 1991 R,Cl. (11-);'1 .~. ." . ~ E New I M Change . X Cancel County Department FOR COUNTY USE ONL Y Vendo, Code SC DEc:~ A Idj~cl~umb", Dept. Orgn. Contractor's License No. ECONOMIC AND COMMUNITY DEVELOPMENT ECD ECD County Department Contract Representative Ph. Ex!. County of San Bernardino THOMAS Fund SBA Organization 4594 Obj/Rev Source 2005 Amount of Contract -0- Activity GRC/PROJ/JOB Number 00000904 FAS CONTRACT TRANSMITTAL FY Estimated Payment Total by Fiscal Year Amount 110 FY Amount 110 Project Name N/A 0 Fifth District: Westside - - - Familv Health Center CONTRACTOR Casa Ramona. Inc. Birth Date N/A Federal 10 No. or Social Security No. 33-7250781 Contractor's Representative Ms. Esther Estrada. Executive Director Address 1524 West Seventh Street, San Bernardino, CA 92411 Phone 714-889-0011 Nature of Contract: (Briefly describe the general terms of the contract) This contract provides for the disbursement of up to $ 220,000 of County Community Development Block Grant (CDBG) funds and up to $ 200,000 of funds from the City of San Bernardino to be used to design and construct a 3,072 square foot addition to the Westside Family Health Center. The expansion will be leased by Cas a Ramona, Inc. to the San Bernardino County Medical Center and the San Bernardino County Department of Mental Health. The expansion will be used to provide services to low-and moderate-income residents of San Bernardino and the unincorporated area of the Fifth Supervisorial District. The construction administration will be provided by the Department of Architecture and Engineering. All contracts will be awarded through purchase orders or Board of Supervisors approved contracts as required by County statutes. (Attach this transmittal to all contracts not prepared on the "Standard Contract" form.) .. County Counse Date JUl 11 Reviewed as to Affi,mati~e ACtiO: ~ Reviewed for Processing Approved as to Legal Form Date 7-1.<- 9/ , .. Agency Administrator/CAO Date 02.12294-000 Rev. 11/90 CONTRACT This Contract is made and entered into this 15th day of July , 19~, by and between the County of San Bernardino, hereinafter referred to as "COUNTY", the City of San Bernardino, hereinafter referred to as "CITY" I and Cas a Ramona, rne, a State of California nonwprofit corporation, hereinafter referred to as "CORPORATION". WITNESSETH WHEREAS, COUNTY has entered into a contract with the United States of America through its Department of Housing and Community Development, hereinafter referred to as "HUD", to execute the COUNTY'S Community Development Block Grant program, hereinafter referred to as "CDBG", 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 COUNTY's CDBG program; and, WHEREAS, CORPORATION has requested financial assistance from COUNTY and CITY for the design and construction of a three thousand and seventy two (3,072) square foot addition to the existing Westside Family Health Center, hereinafter referred to as "IMPROVEMENTS"; and, WHEREAS, COUNTY has determined that CORPORATION is eligible to receive federal assistance under Title I of the ACT; and, WHEREAS, COUNTY has elected to allocate up to two hundred and twenty thousand dollars ($220,000) for IMPROVEMENTS; and, WHEREAS, CITY has elected to obligate two hundred thousand dollars ($200,000) for IMPROVEMENTS; and, WHEREAS, CORPORATION owns, in fee simple, the existing Westside Family Health Center, located at 1543 West Eighth Street, San Bernardino, California; and, WHEREAS, CORPORATION will lease IMPROVEMENTS to the San Bernardino County Medical Center and San Bernardino County Department of Mental Health; and, WHEREAS, COUNTY, CITY and CORPORATION recognize the public benefit to be derived by providing additional family medical and mental health services to citizens of San Bernardino and the unincorporated areas of the Fifth Supervisorial District. NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties do agree as follows: 1 1. PURPOSE. The purpose of this Contract is to provide for the construction, operation and maintenance of an addition to the Wests ide Family Health Center to house San Bernardino County Medical Center and San Bernardino County Department of Mental Health Clinics, and to identify the rights and responsibilities of the parties to this Contract. 2. SCOPE OF PROJECT. COUNTY shall have the responsibility through COUNTY's Department of Architecture and Engineering, hereinafter referred as "A & E", for the design and construction of IMPROVEMENTS which will contain three thousand and seventy two (3,072) total square feet of area with handicapped accessible restrooms, offices, storage and waiting rooms. IMPROVEMENTS will be located at 1543 Eighth Street in San Bernardino. 3. DESIGN DEVELOPMENT COMMITTEE. COUNTY shall cause to be formed a Design Development Committee consisting of the Directors or their designees from County Medical Center, County Mental Health, ECD, A & E, Casa Ramona, Inc., and City Development Department. The Design Development Committee shall be responsible for selecting the project architect and insuring that the design of the IMPROVEMENTS meet the needs of Casa Ramona, Inc., the County Medical Center and County Mental Health. 4. FUNDING. COUNTY shall provide funding in the aggregate amount of two hundred and twenty thousand dollars ($220,000), of which the first $100,000 will be from CDBG funds. CITY shall provide funding in the aggregate amount of two hundred thousand dollars ($200,000). Should additional funds be required to complete IMPROVEMENTS, COUNTY and CITY shall each contribute fifty percent (50%) of the amount of funds needed to complete IMPROVEMENTS. Within ten (10) working days upon written demand by A & E, COUNTY and CITY each shall pay to A & E, 50% of the cost associated with the completion of IMPROVEMENTS. Appropriate invoiced documentation shall be included in said written demand from A & E. 5. OWNERSHIP. Upon completion of construction, ownership of IMPROVEMENTS shall be vested in Gasa Ramona, Inc. in fee simple. 6. CONSTRUCTION MANAGEMENT. A & E shall provide construction management, coordination of the design development committee project. inspection services during development of and this 7. WAIVER OF FEES. CITY shall, in the public interest, waive all development and permit fees required for the construction of this project. 2 8. TEMPORARY ACCESS EASEMENT. CITY and COUNTY, their officers, agents, employees, and persons under contract with CITY or COUNTY will have the privilege and right to enter upon or across the project site for the purpose of completing the terms of this Contract. This temporary right-of-entry easement shall expire upon filing of a Notice of Completion for the project with the Office of the Recorder of COUNTY. Expiration of the temporary access easement does not preclude COUNTY or CITY from entering onto the project site for the purpose of inspecting IMPROVEMENTS. 9. MAINTENANCE AND OPERATION. CORPORATION shall maintain the completed IMPROVEMENTS as necessary at the sole expense of CORPORATION for a period of not less than twenty (20) years. Said IMPROVEMENTS shall be maintained and operated at all times in accordance with Federal, State and local laws, regulations and safety standards. CORPORATION shall allow the use of IMPROVEMENTS for the benefit of the Wests ide Family Health Center during the term of this Contract. In the event that IMPROVEMENTS are no longer required for the Westside Family Health Center during the 20 year maintenance and operation term of this Contract, CORPORATION will be required to utilize IMPROVEMENTS for an eligible Community Development Block Grant (CDBG) activity under 24 CFR 570. 10. ON-SITE INSPECTION COUNTY and CITY, their officers, agents and employees and persons under contract with COUNTY or CITY will have the privilege and right to on-site inspection of IMPROVEMENTS for the duration of this Contract. CITY will require that any contractor for IMPROVEMENTS ensure that its employees and agents furnish all information that, in the judgement of COUNTY and CITY representatives, may be relevant to questions of compliance with this Contract. 11. HOLD HARMLESS. CORPORATION shall indemnify, defend and hold CITY and COUNTY, their officers, agents, and employees, harmless from and against any loss, liability, claim or damage that may arise or result from activities of CORPORATION, its officers, agents and employees. CORPORATION shall, at its own cost, expense and risk, defend any legal proceedings that may be brought against CITY or COUNTY, 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 CORPORATION, its officers, agents and employees. CORPORATION shall indemnify, defend and hold harmless CITY and COUNTY against any liability, claims, losses, demands and actions incurred by CORPORATION as a result of the determination by HUD or its successor that activities undertaken by CORPORATION under the program or program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CORPORATION under this Contract were improperly expended. CORPORATION shall be responsible for any cost or expense incurred by COUNTY on account of any claim resulting from this Contract. 3 CITY shall indemnify, defend and hold COUNTY, its officers, agents, and employees harmless from and against any loss, liability, claim or damage that may arise or result from activities of CITY, its officers, agents and employees in its responsibilities under this Contract. CITY shall, at its own cost, expense and risk, defend any legal proceedings that may be brought against COUNTY, its officers, agents and employees, on any liability claim or demand and satisfy any judgement that may be rendered against COUNTY arising or resulting from activities of CITY, its officers, agents and employees. CITY shall be responsible for any cost or expense incurred by COUNTY on account of any claim resulting from this Contract. Consistent with all other provisions of this Contract, COUNTY shall, defend, indemnify, and hold CITY, its officers, agents, volunteers and employees, harmless from and against any loss, liability, claim, or damage that may arise, or result from activities by COUNTY, its officers, agents and employees, and COUNTY shall, at its own expense and risk defend any legal proceedings that may be brought against CITY, 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 COUNTY, its officers, agents and employees. 12. INSURANCE REOUIREMENTS In order to accomplish the provisions of Paragraph II, Hold Harmless, but without limiting the indemnification, CORPORATION shall secure and maintain throughout the term of this 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 that meets 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 CORPORATION and all risks to such persons under this Contract. Comprehensive General and Automobile Liability Insurance - This coverage shall 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). CORPORATION shall immediately furnish certificates of insurance and within 60 days provide certified copies of all policies and endorsements to CITY and COUNTY evidencing the insurance coverage above required prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to CITY and COUNTY, and shall maintain such insurance from the time CORPORATION commences performance of services hereunder until the completion of such services. 4 All policies, with respect to the insurance coverage required above, except for the Workers' Compensation Insurance coverage shall contain additional endorsements naming CITY, COUNTY, and their employees, agents, volunteers and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. CORPORATION shall require the carriers of the above required coverage to waive all rights of subrogation against CITY, COUNTY, their officers, volunteers, employees, contractors and subcontractors. All policies required above are to be primary and non-contributing with any insurance or self-insurance programs carried or administered by CITY or COUNTY. 13. FIRE INSURANCE CORPORATION shall, at its sole expense, obtain and deliver to CITY and COUNTY 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 of IMPROVEMENTS. In the event of any damage or destruction to the IMPROVEMENTS covered by the insurance, CORPORATION shall use the entire insurance proceeds to restore the IMPROVEMENTS. The insurance required under this paragraph shall be maintained by CORPORATION 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 CITY and COUNTY. CORPORATION 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. If IMPROVEMENTS are damaged or destroyed by fire or other causes, CORPORATION will be excused from performance during the time said IMPROVEMENTS are not open for activities as usual, and the Contract contained herein shall continue to the end of the term. 14. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES CORPORATION 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 Contrac t and no funds made available under this Contract shall be used to promote any religious or political activities. 15. 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 CORPORATION. 5 16. ASSIGNMENT AND SUBLETTING CORPORATION shall not assign this Contract or any interest therein, unless CITY and COUNTY have previously given their written consent. Provided, however, that any approved assignment shall be subj ect to all the terms, covenants, and conditions of the Contract. If CORPORATION 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 CORPORATION, or if CORPORATION is adjudged bankrupt or insolvent by any court or upon CORPORATION's making an assignment for the benefit of creditors, CITY and COUNTY may, at their option, forthwith terminate this Contract upon written notice thereof to CORPORATION, and thereupon, no one but CITY and COUNTY shall have any further rights hereunder. 17. HYPOTHECATION OF REAL PROPERTY During the term of this Contract, neither CORPORATION, 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 IMPROVEMENTS without the written authorization of CITY and COUNTY. Notwithstanding Paragraph 18, Violation of Contract, and any other provisions herein, CORPORATION shall reimburse CITY and COUNTY for the fair market value of IMPROVEMENTS less any portion thereof attributable to expenditures of non-CDBG funds for IMPROVEMENTS, should CORPORATION sell hypothecate, mortgage or encumber IMPROVEMENTS without the written authorization of CITY and COUNTY during the term of this Contract. 18. VIOLATION OF CONTRACT In the event that CORPORATION, or its successors, violates any of the terms and conditions of this Contract, CITY or COUNTY shall give written notice of violation and demand for correction. If, within thirty (30) days from receipt of written notice, CORPORATION has not corrected the violation or shown acceptable cause therefore, CITY and COUNTY 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 CORPORATION, CORPORATION shall pay to COUNTY, within ten (10) days of receipt of notice of termination, the sum of two hundred, twenty thousand dollars ($220,000) and CORPORATION shall pay to CITY, within ten (10) days of receipt of notice of termination, the sum of two hundred thousand dollars ($200,000). Said sum is agreed by all parties, to be a fair compensation for the foreseeable losses that might result from such a breach or default. Further, such termination shall not excuse CORPORATION from the reimbursement provisions in Paragraph 17. Hypothecation of Real Property, caused by the sale of IMPROVEMENTS. 19. TERMINATION Notwithstanding Paragraph 18, Violation of Contract, COUNTY may immediately terminate this Contract upon the 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. 6 20. COMPLIANCE WITH LAWS. CITY, COUNTY and CORPORATION hereby assure and certify that they have complied with the provisions of the Housing and Community Development Act of 1974 and any amendments thereto (Title 42, U.S.C. Section 5301, et ~), the Federal regulations and guidelines now or hereafter enacted pursuant to said Act (24 CFR Part 570), Administrative Requirements for Grants (24 CFR Part 85), Section 3 of the Housing and Urban Development Act of 1968 (24 CFR Part 135) and all other Federal and State statutes and regulations applicable thereto. 21. REVERSION OF ASSETS. All real property improved in whole or in part with CDBG funds in excess of twenty five thousand dollars ($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 (5) years after expiration of this Contract as set forth in 24 CFR 570, or such longer period of time as determined by CITY and COUNTY; or it must be disposed of in a manner resulting in a market value of the improvements less any portion thereof attributable to expenditures of non- CDBG funds for the improvements to the property. 22. MODIFICATIONS. This Contract may be amended or modified only by a written Contract 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. 23. BENEFICIARY OUALIFICATION. CORPORATION agrees to assure that at least fifty-one percent (51%) of the clients qualify under the low and moderate income standards established by Section 8 of the United States Housing Act of 1937 for the Riverside-San Bernardino PMSA. CORPORATION is responsible for obtaining from COUNTY the currently applicable HUD Section 8 Income Limits for each year of the Contract term. CORPORATION shall document the household income of clients using an "Income Qualification Statement," Exhibit 1 of 1 or equivalent document approved by COUNTY, for each client served. CORPORATION shall retain these forms for three years after expiration of this Contract. 24. NOTICES. All notices shall be served in writing. The notices shall be sent by prepaid first class mail to the following addresses: COUNTY CITY OF SAN BERNARDINO County of San Bernardino Department of Economic and Community Development 474 West Fifth Street San Bernardino, CA 92415-0040 City of San Bernardino Economic Development Agency 201 North "E" Street, Third Floor San Bernardino, CA 92401-1507 7 '. , . CORPORATION Casa Ramona, Inc. 1524 West 7th Street San Bernardino, CA 92411 25. EFFECTIVE DATE. This Contract shall be dated and effective the date the last of the parties hereto execute this Contract and shall continue for the useful life of the IMPROVEMENTS covered under the terms of this Contract but not less than twenty (20) years. 26. 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 J by a court of competent jurisdiction. each and all of the remaining terms I provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law, 27. BINDING INTEREST. This Contract shall be binding on the parties, their successors in interest, heirs and assigns. 8 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 CITY OF SAN BERNARDINO By: tJ~ B Ch of Supervisors Date: SEP 0 9 1991 Date: APPROVED AS TO FORM AND LEGAL CONTENT SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By: see signature below City Attorney EARLENE SPRO Clerk of of the Date: July 15, 1991 By: (~~~y ~ By: Date: JUL 18 1991 Date: CASA RAMC;~NC. r- <- )/ '-- Chairman --_.,-~ By: APPROVED AS TO LEGAL FORM ALAN K. MARKS COUNTY COUNSEL Date: JULY 22, 1991 Attest: By: Date: Date: ',,,PROVED AS TO FORM f,ND LEGAL CONTENT. AGMTS/CASARAMO.M&O 7/l0/91/DH/bjj 7/11/9l/DH/j j 9 EXHIBIT ~ of ~ COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Case Number: 350-17122 Proiect/Activitv Title: Fifth District: Wests ide Family Health Center Expansion Name/Address of Contractor Agencv: Date of Issue: Cas a Ramona, Inc. 1524 West 7th Street San Bernardino, CA 92411 ---1L- Original: Amendment II INCOME OUALIFICATION STATEMENT This form has the purpose of Community Development Grant households. providing information needed to qualify the use of Federal (CDBG) funds directly benefitting low-and moderate-income The income limits listed below pertain to the total gross annual income of all household members from all sources of income. A household may be a group of related or unrelated individuals occupying the same house with at least one member being the head of household. Renters, roomers or borders cannot be included as household members. NO MORE THAN: 1 $20,150 2 $23,050 1991-92 ANNUAL GROSS INCOME LIMIT Number of Persons Per Household 345 $25,900 $28,800 $31,100 6 $33,400 7 $35,750 8+ $38,000 1) Total number of persons in household: 2) Is the total annual gross income of your household less than the amount shown on the above chart for your household size? YES NO 3) Number of persons handicapped or disabled: 4) Number of persons 60 years of age or more: 5) Do you identify your household as: White Black Female Headed Hispanic American Indian Asian Other ACKNOWLEDGEMENT AND DISCLAIMER I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MADE ON THIS FORM ARE TRUE. NAME: DATE: ADDRESS: PHONE NO: SIGNATURE: The information you provide on this form is for Community Development Block Grant (CDBG) program purposes only and will be kept confidential.