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HomeMy WebLinkAbout25-Facilities Management CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Sharer, Director Subject: Resolution authorizing the Mayor to enter into a Dept: Facilities Management contract with the County of San Bernardino and the Boys & Girls Club of San Bernardino to provide Date: February 17,2004 restroom improvements at the Boys & Girls Club using County CDBG funds. OR\G\NAL MICC Meeting Date: March 15, 2004 Synopsis of Previous Council Action: None Recommended Motion: 1. Adopt resolution, and 2. Authorize the Director of Finance to amend the FY 2003/04 Adopted Budget and increase account # 001-321-5706 by $60,000 and the offsetting revenue account by $60,000 to reflect the County CDBG reimbursement to be received. Contact person: James Sharer James W. Sharer Director of Facilities Management Phone: 384-5244 Supporting data attached: Staff Report, Contract Ward(s): 6 FUNDING REQUIREMENTS: Amount: $60,000 Source: : 001-321-5706 Alterations and Renovations Barbara Pachon Director of Finance Council Notes: 'i4&~~-!i;\ :4J5 JOcf Agenda Item No. ~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution authorizing the Mayor to enter into a contract with the County of San Bernardino and the Boys & Girls Club of San Bernardino to provide restroom improvements at the Boys & Girls Club using County CDBG funds. BACKGROUND The Boys & Girls Club of San Bernardino is located in the City building at 1180 West Ninth Street. This non-profit agency has occupied this site since 1970 and provides youth services to City and County residents located on the west-side of the City. The Club applied for and received a Community Development Block Grant (CDBG) from the County to refurbish the restroom facilities. The restrooms are original to the 1970 building and are not compliant with current Americans with Disabilities Act (ADA) standards. The scope of the work includes the demolition, removal and replacement of all restroom fixtures, partitions and flooring in both male and female restrooms. The attached contract from the County is a three-party contract that identifies the role of each party and their responsibilities. The City is the property owner, and is asked to provide contract management for this project. Staff has reviewed the project and the contract and recommends approval. FINANCIAL IMPACT The County of San Bernardino Economic and Community Development Department have approved this project for FY 2003-2004 using CDBG Funds in the amount of $60,000. No City funds will be used for this project. RECOMMENDATION 1. Adopt resolution, and 2. Authorize the Director of Finance to amend the FY 2003/04 Adopted Budget and increase account # 001-321-5706 by $60,000 and the offsetting revenue account by $60,000 to reflect the County CDBG reimbursement to be received. RESOLUTION NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CO 0 CIL OF SAN BERNARDINO AUTHORIZING THE MA YOR TO EXECUTE A CONTRACT WITH THE COUNTY OF SAN BERNARDINO AND THE BOYS & GIRLS CLUB OF SAN BERNARDINO TO PROVIDE RESTROOM IMPROVEMENTS AT THE BOYS & GIRLS CLUB USING COUNTY CDBG FUNDS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City of San Bernardino, the County of San Bernardino, and the Boys & Girls Club of San Bernardino are entering into a contract using County COBG Funds to provide restroom improvements to the Boys and Girls Club. The Mayor is hereby authorized and directed to execute said contract on behalf of the City; a copy of the contract is attached hereto as Exhibit A and incorporated herein. SECTION 2. Any amendment or modification thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of the passage of this resolution. IIIII IIIII '-I'G . Jf D 31!~/o~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE COUNTY OF SAN BERNARDINO AND THE BOYS & GIRLS CLUB OF SAN BERNARDINO TO PROVIDE RESTROOM IMPROVEMENTS AT THE BOYS & GIRLS CLUB USING COUNTY CDBG FUNDS. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of 2004, by the following vote, to wit: Council Members: NAYS ABSTAIN ABSENT AYES ESTRADA LONGYILLE MCGI1\'NIS DERRY KELLEY JOHNSON McCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this 2004. day of Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: FOR COUNTY USE ONL Y FAS fx New Vendor Code 'sc Dept. A Contract Number f-- Change CITYOFS772G ECD Cancel County Department Depl. Orgn. Contractor's License No. Economic and Community Development ECD PROJ. County Department Contract Representative Telephone Total Contract Amount THOMAS R LAURIN/Norm Buckner (909) 388-0808 $60,000 Contract Type o Revenue IX] Encumbered o Unencumbered 0 Other: If nol encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Dale Original Amount Amendment Amount Fund Depl. Organization Appr Obj/Rev Source GRC/PROJ/JOB No. Amount SBA ECD PROJ. 200 2005 00002476 $60,000 , Project Name Estimated Payment Total by Fiscal Year Fifth DIStrict: Facility FY Amount liD FY Amount liD Improvements - Boys & Girls 2003-04 $60,000 - - Club of San Bernardino - - ECD #350-29102/2476 - - Contract type 2(g) County of San Bernardino CONTRACT TRANSMITTAL FederallD No. or Social Security No. *City of San Bernardino **Boys and Girls Club of San Bernardino *95-6000772 **95-2508873 CONTRACTOR C( ~tor's Representative * James Sharer, Director, Facilities Management, City of San Bernardino **Clifford Hackney, Executive Director *300 North "0" Street, San Bernardino, CA 92418 ** 1180 West 91h Street, San Bernardino, CA 92411 Phone *(909) 384-5244 **(909) 888-6751 Address Nature of Contract: (Briefly describe the general terms of the contract) This Contract among the County, the City of San Bernardino and the Boys and Girls Club of San Bernardino (BGCSB), provides sixty thousand dollars ($60,000) in Community Development Block Grant (COBG) funds for restroom improvements at the Boys and Girls Club facility located at 1180 West 91h Street, San Bernardino. The improvements include demolition, removal and replacement of all restroom fixtures, partitions and flooring in both the male and female restrooms. Maintenance and operation of the facility will be provided by the BGCSB at their sole expense for not less than five (5) years following the com"pletion of theproject. The City of San Bernardino will provide construction management services forthisproject. -~- The attached contract consists of.9 pages. (Attach this transmittal to all contracts not prepared on_ the "Standard Contract" form.) Reviewed as toC.ontract Compliance Presented to BOS for Signature ~_.. ~ Department Head Da l-u,-I"f Date Date A udilOrlC on troller-Recorder se n1V o Contract Database o FAS Input Date H. Keyed By . U 0 I COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT MAINTENANCE AND OPERATION CONTRACT WITH CITY OF SAN BERNARDINO AND BOYS AND GIRLS CLUB OF SAN BERNARDINO This Contract is made and entered into, by and among San Bernardino County, hereinafter referred to as "COUNTY", the City of San Bemardino hereinafter referred to as "CITY", and Boys and Girls Club of San Bernardino hereinafter referred to as "CLUB". WHEREAS, COUNTY has entered into a Contract with the United States of America through its Department of Housing and Urban Development (HUD) to execute COUNTY Community Development Block Grant (CDBG) Program under the Housing and Community Development Act of 1974, as amended, hereinafter referred to as the "ACT"; and, WHEREAS, COUNTY Department of Economic and Community Development hereinafter referred to as "ECD" , is authorized to act on behalf of COUNTY in administering COUNTY CDBG program; and, WHEREAS, the CITY Department of Facilities Management, hereinafter referred to as FMCSB is authorized to act on behalf of CITY to direct the use and structural maintenance of CITY facilities; and, WHEREAS, title to CLUB facility located at] 180 West 9th Street, San Bernardino is vested with CITY, and facility is leased to CLUB; and, WHEREAS, th,s contract among the herein-named delineates only the responsibilities of the parties regarding this contract and lS not intended to supercede any contract between the CITY as lessor and CLUB as lessee; and, WHEREAS, CITY provides annual funding for utility payments and continued facility maintenance for CLUB; and, WHEREAS, COUNTY, CITY and CLUB recognize the public benefit in providing educational and recreational activlties for youth in the City of San Bemardmo and surrounding unincorporated areas; and, WHEREAS, COUNTY Board of Supervisors has approved CDBG funding m the amount of sixty thousand dollars ($60,000) for the restroom rehabilitation improvements at the CLUB facility; and, WHEREAS, COUNTY, CITY and CLUB desire to have CITY manage and direct the construction of the rehabilitation improvements. NOW, THEREFORE, in conslderation of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: ]. PURPOSE OF CONTRACT This Contract is made for the purpose of identifying the parties responsible for the facility rehabilitation, maintenance and operation of the CLUB facility located at I] 80 West 9th Street, San Bernardino, hereinafter referred to as "FACILITY". 2. SCOPE OF PROJECT CITY shall manage and direct the construction of improvements, hereinafter referred to as "IMPROVEMENTS", to include demolition, removal and replacement of all restroom fixtures, partitions and flooring in both the male and female restrooms of FACILITY. Additional improvements may be included only after written Contract among CITY, CLUB and COUNTY. The actual scope of IMPROVEMENTS may not include all items identified herein, but shall be limited to the amount of CDBG funding identified m Section 4, FUNDING. Page] of9 CITY and CLUB shall maintam and operate FACILITY for the operation of educational and recreatIOnal programs and services to low- and moderate-mcome youth from the City of San Bernardino and surrounding communities of the Fifth Supervisorial District for the period identified m Section 7, MAINTENANCE AND OPERATION. Each qualifying participant of said programs under the terms of this contract shall be identified as a unit of servIce. Unless as specified otherwise, ECD shall have the authority to represent COUNTY regarding the terms and conditIOns of this Contract and the admmistratIOn thereof. 3. TIME OF PERFORMANCE The Contract term is for five (5) years as specified in Section 7, MAINTENANCE AND OPERATION. In addition to the five (5) year term, CLUB IS required to uphold the terms of the Contract for an additional five (5) years after expiration of this Contract as specified in Section 24. REVERSION OF ASSETS. 4. FUNDING COUNTY shall provide CDBG funds in an amount not to exceed of sixty thousand dollars ($60,000) for the purpose of constructing IMPROVEMENTS to FACILITY. Any costs to construct IMPROVEMENTS to FACILITY in excess of the amount available in this section shall be the sole responsibility of CLUB. This conditIOn however, does not preclude COUNTY and CITY from providing additional funding at its sole discretion. 5. CONSTRUCTION MANAGEMENT COUNTY, CITY, and CLUB agree CITY shall provide construction management services necessary for the timely and successful completion of IMPROVEMENTS. CITY will be responsible for compliance with the Davis-Bacon Act and other related acts associated with the CDBG program. COlJNTY shall provide project administrative services for activIties related to completion of IMPROVEMENTS, to include review of bid documents and bid procedures. CITY shall use the attached "Request for Approval", Exhibit 4 of 5 to request approval from COUNTY to go out to bid or to award any contract(s) prior to actual bIdding or awarding of contract(s), as identified in the attached "Coordination Provisions for Federal Labor Compliance, Exhibit 5 of 5. CITY shall submit to ECD all necessary documents to verifY compliance with federal labor standards, including the weekly certified payroll form WH 347, with original signatures. CITY may use force account labor for construction of all or a portion of IMPROVEMENTS. Where force account labor is used, CITY will proVIde to ECD, prior to start of construction, the names of CITY staff who will engage in construction and the scope of work to be performed. 6. COMPENSATION AND METHOD OF PAYMENT Disbursement of payments to CITY for construction of IMPROVEMENTS shall be in the form of reimbursements. All reimbursement requests must be documented with "audit ready" supportive evidence of each expenditure and proof of payment, in accordance with HUD regulations. Where reimbursement for force account labor is being requested, CITY must include time cards and a description of work completed for each time card period, and wage earning distribution settlements for all staff time being reimbursed. 7. MAINTENANCE AND OPERATION CLUB shall have sole responsibility for the maintenance and operation of FACILITY at the sole expense of CLUB for a period of not less than five (5) years beginning upon the date of completion of IMPROVEMENTS. FACILITY shall be maintained and operated at all times for the purpose of providing educational and recreational programs and services to low- and moderate-income persons as identified in Section 2, SCOPE OF PROJECT, and in accordance with federal, state and local laws, regulations and safety standards. CLUB shall be responsible for completing and submitting to COUNTY the Public Facility Certification form. This form will be provided by ECD. Page 2 0[9 8. USE OF PROPERTY CITY aclmowledges that COUNTY will fund IMPROVEMENTS provided, herein based solely on the existence of a lease between CITY and CLUB that continues in effect for at least the duration of this Contract, as set forth in Section 3 TIME OF PERFORMANCE. Should CLUB quit the premises prior to the expiration of this Contract, CITY wIll , only allow a non-profit organization qualified under the CDBG program to use FACILITY. CITY shall notify COUNTY of any change to the use or operation of FACILITY. Use of FACILITY and IMPROVEMENTS for a non- CDBG eligible activity shall constitute a violation of this Contract, 9. ON-SITE INSPECTION COUNTY, its officers, agents. employees, persons under Contract with COUNTY and representatives of HUD, will have the privIlege and right to on-site inspection of the FACILITY for the duration of this Contract. CLUB will ensure that Its employees or agents furnish any information. that in the judgement of COUNTY and HUD representatives, may be relevant to a question of compliance with contractual conditions, HUD directives, or the effectiveness, legality, and achievements of the program. 10. CONTRACT COMPLIANCE CLUB will take all necessary affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms (a firm located in an area of high unemployment) are used when possible In compliance with provisions of Title 24 Code of Federal Regulations Part 85.36(e). CLUB shall comply with Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107, (Equal Employment Opportunity), Executive Orders 11625, 12138, 12432, 12250, and Executive Order 13279 (Equal ProtectIOn of the Laws for Faith-Based and Community Organizations), Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, County Policy 15-01, and other applicable federal, state and County laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulatIOns hereafter enacted. CLUB shall make every effort to ensure that all projects funded wholly or in part by CDBG Program funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, CLUB shall make every effort to employ residents of the area and shall keep a report of CLUB staff positions that have been created directly as a result of this program. II. COMPLIANCE WITH LAWS All parties agree to be bound by applicable federal, state and local laws, ordinances, regulations and directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the ACT; 24 Code of Federal Regulations, Part 570, Chapter V and; U.S. Office of Management and Budget Circular A-87. 12. INDEMNIFICATION CITY and CLUB agrees to indemnify, defend and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnification is prohibited by law. CITY and CLUB shall indemnify, defend and hold harmless COUNTY and its respective authorized officers, employees, agents and volunteers from any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities under taken by each of CITY and CLUB under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to CITY and CLUB under this Contract were improperly expended. Page 3 0[9 CLUB agrees to indemnify, defend and hold harmless CITY and its respective authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this Contract from any cause whatsoever, inc 1 uding the acts, errors or omissions and for any costs or expenses incurred by CITY on account of any claim therefore, except where such indemnification is prohibited by law, CLUB shall indemni fy, defend and hold harmless CITY and their respective authorized officers, employees, agents and volunteers from any liability, claims, losses, demands, and actions incurred by CITY as a result of the determination by HUD or its successor that activities undertaken by CLUB, under the program(s), fail to comply with any laws, regulatIOns or policies applicable thereto or that any funds billed by and disbursed to CLUB and CITY under this Contract were improperly expended, 13, INSURANCE REQUIRJ;:MENTS Without, in any way affecting the indemnity herem provided and in addition thereto, CLUB shall secure and maintain throughout the Contract the following types of insurance with limits as shown: Workers' Comvensation - A program of Workers' Compensation insurance or a State-approved Self Insurance Program m an amount and form to meet all applicable requirements of the Labor Code of the State of CalifornIa, including Employers' Liability with $250,000 limits, covering all persons providing services on behalf of CL VB and all risks to such persons under this Contract. If CLUB has nO employees, it may certify or warrant to County that it does not currently have any employees or individuals who are defined as "employees" under the Labor Code and the requirement for Workers' Compensation coverage will be waived by the County's Risk Manager. With respect to contractors that are non-profit corporations organized under' California or Federal law, volunteers for such entities are required to be covered by Workers' Compensation Insurance. If the County's Risk Manager determmes that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted, Comprehensive General and Automobile Liabilitv Insurance - This coverage is to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall have combined single limits for bodily injUry and property damage of not less than one million dollars ($1,000,000). Errors and Omissions Liability Insurance - Combined single limits of $ I ,000,000 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 and their officers, employees, agents, and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. Waiver of Subrogation Rights - Except for Errors and Omissions and Professional Liability, CLUB shall require the carriers of the above reqUIred coverage to waive all rights of subrogation against COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. Policies PrimarY and Non-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 Coverage - CLUB shall immediately furnish certificates of insurance to ECD and FMCSB evidencing the insurance coverage, including endorsements of the above is required prior to the commencement of performance of services hereunder, which shall provide that such insurance shall not be terminated or expire Page 4 of9 wlIhout thirty (30) days written notice to ECD and FMCSB, and CLUB shall maintain such insurance from the time CLUB commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Contract, CLUB shall furnish certified copies of the policies and all endorsements. CLUB shall complete and submit Contract Exhibit I of 5, INSURANCE INVENTORY, along with the above required insurance documents. 14. INSURll.NCE REVIEW The above insurance requirements are subject to periodic review by COUNTY and CITY. The County and City's Risk Managers are authorized, but not required, to reduce or waive any of the above insurance requirements whenever the RIsk Manager determines that any of the above insurance IS not available, is unreasonably priced, or is not needed to protect the interests of COUNTY and CITY. In addition, if the Risk Manager determines that heretofore unreasonably pnced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements, to require additional types of insurance coverage or hIgher coverage limIts, provided that any such change is reasonable in light of past claims against COUNTY and CITY, inflation, or any other item reasonably related to the COUNTY and CITY'S risk. Any such reductIOn or waiver for the entire term of the Contract and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. CITY and CLUB agrees to execute any such amendment within thirty (30) days of receipt. 15. ADDITIONAL INSURANCE REOUIREMENTS CLUB shall, at its sole expense, obtain and deliver to COUNTY and CITY for its approval, certification(s) or policy(s) of standard fire insurance with extended coverage and vandalism and malicious mischief endorsements for the full replacement value of FACILITY. In the event of any damage or destruction to FACILITY covered by the insurance, CLUB shall use the entIre insurance proceeds to restore FACILITY. The insurance required under this section shall be maintained by CLUB at liS 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 pnor written notice to COUNTY and CITY. CLUB shall inform COUNTY and CITY in writing of any change, expiration or renewal of said insurance within thirty (30) days of the effective date of change. 16. RELIGIOUS PROSEL YTlZING OR POLITICAL ACTIVITIES CLUB agrees that it will not engage in inherently religious activities, such as worship, religious instruction or proselytizing, as part of the actiVIties funded under this Contract. Further, CLUB agrees that it will not perform or permit political activities in connection with the performance of this Contract. Funds made available under this Contract WIll be used exclusively for performance of the work required under this Contract and no funds made available under this Contract shall be used to promote any religious or political activities. If CLUB conducts such activities, the actIvities must be offered separately, in time or location, from the programs or services funded under this Contract, and participation must be voluntary for the beneficiaries of the CDBG-funded program services. FACILITY, however, may be used on an incidental basis to hold political meetings, candidate forums, or voter registration campaigns, provided that all parties and organizations have access to the facility on an equal basis, and are assessed equal rent or use charges, if any. 17. DISCRIMINATION No person shall, on the grounds of race, sex, creed, color, religion, or national origin, be excluded from participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs, or employment by CLUB. Page 5 of9 18. ASSIGt-..'MENT AND SUBLETTING CLUB shall not assign, subordinate, or use for financing, this Contract or any interest therein, unless COUNTY and CITY have previously given their written consent. Provided, however, that any approved assignment shall be subject to all the terms, covenants, and condItions of the Contract. If CLUB attempts to effect any unauthorized assignment, or transfer occurs by operation of law, or this Contract or any interest therein is subjected to garnishment or sale under any execution of any suit or proceeding brought against or by CLUB, or if CLUB IS adjudged bankrupt or insolvent by any court or upon CLUB making an assignment for the benefit of creditors, COUNTY and CITY may, at its option, forthwith terminate this Contract upon written notice thereof to CLUB, and thereupon, no one but COUNTY and CITY shall have any further rights hereunder. 19. HYPOTHECATION OF REAL PROPERTY During the term of this Contract, neither CITY nor CLUB, nor their successors, shall cause to be placed or permit to be placed any encumbrance or lien on the real property covered under this Contract, or shall sell, transfer, mortgage or hypothecate FACILITY without the written authorization of COUNTY. Notwithstanding Section 20, VIOLATION OF CONTRACT, and any other provisions herein, CITY and CLUB shall reimburse COUNTY for the fair market value of FACILITY less any portion thereof attributable to expenditures of non-CDBG funds for FACILITY, should CITY and CLUB sell, hypothecate, mortgage or encumber FACILITY without the written authorization of COUNTY during the term of this Contract. 20. VIOLATION OF CONTRACT In the event that CITY and CLUB violates any of the terms and conditions of this Contract, COUNTY shall give written notice of violation and demand for correction. If, Within thirty (30) days from receipt of \\Titten notice, CITY and CLUB has not corrected the violation or shown acceptable cause, COUNTY has the right to term mate this Contract. It is agreed that in the event of a termination due to a violation of this Contract by CITY and CLUB, CITY and CLUB shall pay to COUNTY within ten (10) days of receipt of Notice of Termination, the sum of sixty thousand dollars ($60,000). Said sum is agreed to represent a reasonable endeavor by both parties hereto, to be a faIr compensation for the foreseeable losses that might result from such a breach or default. Penalties and damages covered under separate Contracts with COUNTY for programs and servIces shall be in addition to that contamed herein. Such termination shall not excuse CITY and CLUB from reimbursement provisions in Section 19, HYPOTHECATION OF REAL PROPERTY. 21. BENEFICIARY OUALIFICA TION All persons who benefit from services performed under this Contract must qualify as being low- and moderate-income persons, hereinafter referred to as BENEFICIARIES. CLUB shall document or cause to be documented, the presumed benefit status of all BENEFICIARIES under this Contract by obtaining completed copies of the "Beneficiary Qualification Statement", Exhibit 2 of 5. CLUB shall retain these forms for at least five (5) years after conclusion of the Contract. 22. PROGRAM REPORTING AND RETENTION OF RECORDS CLUB agrees to prepare and submit financial, program progress, and other reports as required by HUD or COUNTY directives. CLUB shall maintain such program, property, personnel, financial, statistical and other records, supporting documents, and accounts as are considered necessary by HUD or COUNTY to assure proper accounting for all Contract funds. Said records, documents and accounts are to be retained by CLUB for a minimum of five (5) years. The retention period starts from the date the COUNTY submits its annual performance and evaluation report, as prescribed in 24 CFR 91.520, in which the service under the terms of this contract is reported on for the final time. Said COUNTY submission will follow CLUB's final submission to COUNTY of reports identified under this paragraph. Records and accounts that pertain to something being sued or audited over must be maintained for five (5) years or until the issue is resolved, whichever is longer. Records that pertain to real estate transactions must be maintained for the five (5) years or the number of years that there is an outstanding obligation, whichever is longer. The starting date for retention of records on CDBG-purchased equipment begins at the end of the equipment's use, when it is disposed of or Page 6 of9 transferred. The retention period for records relating to program mcome begins on the last date of COUNTY fiscal year in which the income is earned. All CLUB records, with the exception of confidential client information, shall be made available to representatives of COUNTY and the appropriate federal agencies. CLUB is required to submit data necessary to complete the Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated by the ECD Director or his designee. By the tenth (10th) of each month, CLUB shall submit a completed MONTHLY PROGRAM PROGRESS REPORT, Exhibit 3 of 5, for the month being reported. CLUB shall also provide the MONTHLY DIRECT BENEFIT REPORT information included on this exhibit, as necessary for completion of the Annual Grantee Performance Report. 23 TERMINATION BY COUNTY Notwithstanding Section 20, VIOLATION OF CONTRACT, COUNTY may Immediately terminate this Contract upon the terminatIOn, suspension, discontinuatIOn or substantial reduction in CDBG funding of the Contract activity or the reprogrammmg of said funds as deemed necessary by COUNTY, or for the convenience of COUNTY. 24. REVERSION OF ASSETS All real property acquired or Improved in whole or in part with CDBG funds in excess of $25,000 under this Contract must continue in the use that prOVides the service benefits and national objectives for which it was funded until five years after expiration of this Contract as set forth in 24 CFR 570.503, or such longer period of time as determined by COUNTY; or it must be disposed of in a manner resulting m a reimbursement to COUNTY in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. 25. AMENDMENTS: VARIATIONS This "Tlting with attachments, embodies the whole of this Contract of the parties hereto. There are no oral Contracts contamed herein. Except as herein proVIded, addItion or variatIOn of the terms of thiS Contract shall not be valid unless made m the form of a wntten amendment to this Contract formally approved and executed by the parties. 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, by a court of competent JurisdictIOn, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law, 27. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. 28. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: County of San Bernardino Department of Economic and Community Development 290 North "0" Street, Sixth Floor San Bernardino, CA 92415-0040 Boys and Girls Club of San Bernardino I 180 West 9th Street San Bernardmo, CA 9241 I City of San Bernardino Department of Facilities Management 300 North "0" Street San Bernardino, CA 92418 Page 7 of9 29. EASEMENTS. TRUSTS Al'<TI 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 existmg in, to, under or over the said premises for any purpose whatsoever. B. In the event that this Contract or any provision thereof shall be declared null and void by a court of competent jurisdiction, COUNTY or any of their respective officers, agents or employees, or members of COUNTY Board of Supervisors shall not be liable to CITY and CLUB or to any person holding under or through him for any losses or damages of any nature whatsoever suffered or claimed to be suffered by CITY and CLUB or such person by reason of such determination. (continued on next page) III III III III III III III III III III III III III III III III 1// III Page 8 0[9 C. CITY and CLUB assumes all risks incident to the use and management of said premises in Its present conditIOn or in any condition thereof which may prevail during the term of this Contract. D. Any major changes required by a competent government jurisdiction to the Contract which are beyond the control of CITY and CLUB will make the Contract terms subject to re-negotiation. E. It is expressly understood and agreed that COUNTY does not, in any way or for any purpose, become a partner of CITY and CLUB, or ajoint venturer with CITY and CLUB. IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year first written above. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO By: JUDITH V ALLES, Mayor By: DENNIS HANSBERGER, Chairman Board of Supervisors Date: Date: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD J. RENEE BASTIAN Clerk of the Board of SupervJsors of the County of San Bernardino BOYS AND GIRLS CLUB OF SAN BERNARDINO B, ~~~ CLIFFO ACKNEY, Executive Director Date / -II:? - 0,/ By: Date: APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM RONALD D. REITZ COUNTY COUNSEL By: MICHEL Deputy Coun Date: I- U, -D~ Date: By: L 7.f~ o City Attorney 3/ It! c<( ( I Comdev/Temp/Cathy/03 Agree/03 Boys and Girls Club S8 09!30/0JINB/,b Page 90f9 EXHIBIT of 5 COUNTY OF SAl'! BERNARDINO DEPARTMENT OF ECO"lOMIC A"ID COMMUNITY DEVELOPMEJ\T Case Number: 350-29102/2476 3;ect/Activity Title: rifth District: Facility Rehabilitation - Boys and Girls Club of San Bernardino Namel Address of Contractor Agency: Boys and Girls Club of San Bernardino 1180 West 9th Street San Bernardino, CA 92411 Date of Issue: X Original: Beginning Amendment # I~SURA~CEI~VENTORY WORKERS' COMPENSA TION/EMPLOYERS' LV\BILlTY INSURANCE Name of Insurance Company: Effective Dates: Employer's Liability Limit $ Certificate of Insurance Attached Yes No: On File wi ECD COMPREHENSIVE GENERAL AJ','D AUTOMOBILE LIABILITY INSURANCE Name of Contractor's General Insurance Company: 'mits of Liability Effective Dates: Per Occurrence $ AdditIOnal Insured Endorsement Attached Yes No: On File wi ECD No: On File wi ECD Annual Aggregate S Certificate of Insurance Attached Yes Name of Contractor's Automobile Liability Insurance Company: Effective Dates: Per Accident $ Limits of Liability Per Person $ Damage Liability S Combined Single Limit $ ERRORS AND OMISSIONS LV\BILITY INSURANCE Name of Contractor's Insurance Company: Effective Dates: Additional Insured Endorsement Attached Limits of Liability Per Occurrence S Yes No: On File wi ECD No: On File wi ECD Annual Aggregate $ Certificate of Insurance Attached Yes PROFESSIONAL LIABILITY INSURANCE Name of Contractor's Insurance Company: 'er Occurrence $ Effective Dates: Additional Insured Endorsement Attached Limits of Liability Annual Aggregate S Certificate of Insurance Attached Yes Yes No: On FIle wi ECD No: On File wi ECD EXHffilT 2 of 5 COL'NTY OF SAN BE~"ARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Proiect/ Activity Title: Fifth DIstrict: Facility Rehabilitation- Boys and Girls Club of San Bernardino Name/ Address of Contractor Agencv: Boys and Girls Club of San Bernardino 1180 West 9th Street San Bernardino, CA 92411 Case Number: 350-29102/2476 Date ofIssue: X Original: Beginning Amendment # BENEFICIARY QUALlFICA nON STATEMENT This form has the purpose of providing information needed to qualify the use of federal Community Development Block Grant (CDBG) funds for the project/activity described above. This statement must be completed and signed by the person (or legal guardian of the person) requesting to receive benefits from the described project/activity. Only one statement per person, per year is required. Please answer each of the following questions. 1. This question helps you determine the size of your household. For this question a household is a group of related or unrelated persons occupying the same house with at least one member being the head of the household. Renters, roomers, or borders cannot be included as household members. How many persons are in your household? 2. This question asks if you are from a low- and moderate-income household. For this question a list of the 2003 LOW-INCOME and LOW- ANTI MODERATE-INCOME categories' are presented below. Please add up the combined gross annual income of all persons in your household from all sources of income. In the blank provided, write yes or no, that your combined gross annual income is equal to or less than the LOW- Il'"COME amount for the number of persons in your household: In the blank provided, write, yes or no, if your combined gross annual income is equal to or less than .the LOW- Al'"D MODER<\ TE-INCOME amount for the number of persons in your household. LOW-INCOME Number of Persons in Your Household I 2 3 $17,850 $20,400 $22,950 4 $25,500 LOW- Al'm MODERATE- INCOME (COMBINED) $28,550 $32,650 $36,700 $40,800 LOW-INCOME Number of Persons in Your Household 5 6 7 8 $27,550 $29,600 $31,600 $33,650 LOW- AND MODERATE- INCOME (COMBINED) $44,050 $47,350 $50,600 $53,850 Page I of2 EXHIBIT 2 of 5 COUJWY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC MiD COMMUNITY DEVELOPMENT 3. Please indicate how you Identify yourself by checkmg only one (1) of the following choices: \Vhite Black/African Amencan Asian American Indian/Alaskan Native Native HawaIian/Other Pacific Islander American Indian/Alaskan Native & White Asian & White Black/African American & White Amer. Indian/Alaskan Native & Black/African Amer. Balance/Other Non- Hispanic Hispanic D D D D D D D D D D D D D D D D D D D D DYes DNo 4. Please check whether you belong to a Female Headed Household: 5. Please describe the condition that would qualify you as being considered in one of the following presumed low- and moderate-income categories: abused child, baltered spouse, elderly person, homeless person, disabled adult, Illiterate person, or migrant farm worker: (description) ACKNOWLEDGMENT AND DISCLAIMER I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MADE ON THIS FORM ARE TRUE. NAME: DATE: ADDRESS: CITY: ZIP: SIGNATURE: PHONE: The information you provide on this form is for Community Development Block Grant (CDBG) program purposes only and will be kept confidential. 'Taken from 2003 Section 8 Low-Income and Very Low-Income Limits. Page 2 of2 EXHIBIT 3 of 5 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECO:"\OMIC A.'\'D COMMUNITY DEVELOPMENT Proiect/Activity Title: Fifth DIstrict: Facility Rehabilitation- Boys and Girls Club of San Bernardino Name/Address of Contractor Agency: Bovs and Girls Club of San Bernardino 1180 West 9th Street San Bernardino, C A 924] I Case Number: 350-29102/2476 Date of Issue: X Original: Beginning Amendment # MONTHLY PROGRAM PROGRESS A."iD DIRECT BENEFIT REPORT For the Month of ,200_ PART I: MONTHLY PROGRA.1\1 PROGRESS REPORT A. Units of Service Provided and Description Under each type of serVIce listed belo\\', summarize what your program has accomplished during this month. Include location, number of persons served, scrviceslbenefits provided, and a descnption of the clients served. Also report the number of "Units of Service" provided, as defined in contract Section 2, Scope of Project Tvpe of Service: Anticioated Units of Service: I. Goal/mo Actual/mo. : 2. Goal/mo ~ Actual/mo.: B. Monthly Beneficiary Count (ma)' include individual persons or households previously coullted during tlris grant/program year) Total number of beneficiaries (clients/participants) served this month (choose one catee:orv on Iv): # of Persons OR t; of Households PART II: MONTHLY DIRECT BENEFIT REPORT Direct Benefit Statistics (Cndunlicaled first-time client counts since start of contract; taken from Beneficiar)' Qualification Statement forms) Enter the number of first-time program beneficiaries directly assisted this month Count only as: D Individual Persons .Q! 0 Households (check one box) Low-Income (onl\'): Low- and Moderate-Income (combined):_ All Beneficiaries: Racial Identity Categories Non- Hispanic (,) Hispanic (b) Non- Hispanic (e) Hispanic (d) White Black/African American Asian American Indian Alaskan Native Native Hawaiian Other Paedie Islander American Indian/Alaskan Native & White Asian & White Black! African American & White Arner. Indian/Alaskan Native & African Arner. Balance/Other Grand Total of Racial Identity Categories. Sum of columns a, b, c, and d should equal the "All Beneficiaries" total above: Female Headed Households: Signed Title Date Printed Name Telephone No/Exl Date: EXHIBIT 4 of 5 THOMAS R. LAURIN, Director Department of Economic and Community Development 290 North "0" Street, Sixth Floor San Bernardino, CA 92415-0040 REQUEST FOR APPROV AL Project Activity Name: Case Number: Activity Location: The hereby request approval to ISSUE: ( ) ( ) ( ) AWARD: ( ) ( ) ( ) ( ) Name of Contractor: A REQUEST FOR PROPOSAL FOR CONSULTANT SERVICES AN INVITATION TO BID FOR CONSTRUCTION SERVICES A CONTRACT CHANGE ORDER A CONSULTANT SERVICES CONTRACT A CONSTRUCTION SERVICES CONTRACT SOLE SOURCE PROCUREMENT PURCHASE ORDER Address: Contact Person: Amount of Contract/Change Order: Subcontractors: ( ) List Attached ( ) No Contractors The following materials and documentation are submitted for review and approval: Date Signature of Department Official EXHIBIT 5 of 5 County of San Bernardino Department of Economic and Community Development COORDIANTION PROVISIONS FOR FEDERAL LABOR COMPLIANCE Construction Phase I. CITY: Detennines bid solicllation process permitted by CDBG requirements under Federal Title 24 CFR Part 85.36 (Procurement Standards), and County contracting regulatIOns. Advertises invitation to bid and receives bids. 2. CITY: Ten days prior to bid opening, CITY makes telephone contact with ECD and requests updated Federal Wage DeCision. ECD will send to CITY the latest Wage Decision. If they are in any way different from those issued in the original bid package, CITY will immediately forward latest wage decision to all bidding contractors who, in turn, submit revised bids prior to the bid opening. 3. CITY: Conducts bid opening and sends to ECD a copy of the contract bid specifications including copies of the wage decisIOns in effect at bid opening. 4. CITY: Reviews bid documents submitted by the low-bidder to assure compliance with County Policy 15- 01, if applicable, and 24 CFR 85.36(e) regarding the participation of minority, disadvantaged and women business enterprises (MWBE's) in the proposed construction contract. If CITY has its own plan that meets the aforementioned requirements, it may use this plan for bid document reviews. 5. CITY: Submits the low-bidder information and list of subcontractors to ECD and requests ECD for "Approval to Proceed to Award a Construction Services Contract". 6. ECD: Reviews Contractor/Subcontractor's eligibility to receive Federal contracts. 7. ECD: Issues "Approval to Proceed" to CITY. 8. CITY: Insures completeness of contract documents prior to award of contract. Construction contracts must contain a copy of Federal Labor Standards, applicable Federal Wage Determination, and a copy of restrictions on public buildings and public works projects provisions. 9. CITY: A wards Contract. 10. CITY: Notifies ECD of pre-constructIOn conference at least 12 days prior to event. I I. CITY: Conducts pre-construction conference (ECD attendance mandatory). ECD forwards Contract Compliance Instructions to prime contractor. 12. CITY: provides ECD with a copy of signed contract prior to start of construction. CITY ensures completion of bonds and obtains contractor/subcontractor certifications concerning labor standards and prevailing wage requirements; regarding Equal Employment Opportunity, and restrictions on' public buildings and public works projects before signing contract. 13. ECD: Ongoing observatIOn and monitoring of projects. 14. CITY: Conducts on-site interviews with employees regarding their wages. Sends copy of interviews to ECD. 15. CITY: Receives from contractor, requests for progress payments accompanied by Weekly Certified Payroll, form WH-347, and any other documentation of expenditures and work accomplished. 16. ECD: Receives from contractor, duplicate copies of Weekly Certified Payroll forms WITH ORIGINAL SIGNATURES. 17. ECD: Checks wages reported on Certified Payroll forms against employee interview forms for consistency between wage rates reported by contractor and wages received by employees. 18. CITY: Notifies ECD of all meetings regarding ECD projects, such as Design Conferences, Public Meetings, meetings with Community Development Advisory Commission, and CITY at least five (5) working days before event occurs. 19. CITY: Notifies ECD of final inspections at least five (5) working days before inspection date. 20. CITY: Secures Its governing body's acceptance of completed project and filing of Notice of Completion. 21. CITY: Prepares and submits "Notice of Completion" to ECD. CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: May II, 2004 TO: James Sharer, Director of Facilities Management FROM: Michelle Taylor, Senior Secretary RE: Resolution 2004-81 ~ Boys & Girls Club of San Bernardino CC: Our office has not received the executed contract with the County of San Bernardino and the Boys & Girls Club of San Bernardino to provide rest room improvements at the Boys & Girls Club using County CDBG funds. This agreement was approved at the Mayor and Common Council meeting held on March 15, 2004, and will be null and void if not executed and returned to the City Clerk's Office by May 14,2004. Please forward the executed agreement to the City Clerk's Office, to my attention, as soon as possible. If you have any questions, please do not hesitate to call me at ext. 3206. . , REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA .AND RECORD OF ACTION April 6, 2004 FROM: THOMAS R. LAURIN, DIRECTOR DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT SUBJECT: CONTRACT WITH THE CITY OF SAN BERNARDINO AND THE BOYS AND GIRLS CLUB OF SAN BERNARDINO FOR FACILITY IMPROVEMENTS RECOMMENDATION: Approve contract Agreement No. 04-257 with the City of San Bernardino and the Boys and Girls Club of San Bernardino in the arnount of $60,000 for restroom improvements at the Boys and Girls Club of San Bernardino, and for maintenance and operation of the facility. BACKGROUND INFORMATION: Each year the County receives an entitlement grant under the Community Development Block Grant (CDBG) program to allow the funding of activities that benefit low-and moderate-income persons. During the preparation of the County's annual CDBG program application, interested groups, including community-based organizations, will submit applications to receive funding on specific projects. After an initial evaluation by ECD staff on CDBG program eligibility, project proposals are submitted to the Board of Supervisors for funding consideration. The list of approved project proposals is submitted to the U.S. Department of Housing and Urban Development (HUD) in the form of an annual CDBG Action Plan under the County's five-year Consolidated Plan. As part of the County's Consolidated Plan for FY 2003-2004, the Board of Supervisors allocated $60,000 in CDBG funds for restroom improvements at the Boys and Girls Club of San Bernardino located at 1180 West 9th Street, San Bernardino. The improvements include demolition, removal and replacement of all restroom fixtures, partitions and flooring in both the male and female restrooms. The Boys and Girls Club of San Bernardino provides both educational and recreational activities for youth in the City of San Bernardino and the unincorporated areas of the Fifth Supervisorial District. Under this contract, the City of San Bernardino will provide construction management services for the project. The County will reimburse the City for CDBG-eligible construction costs approved under this contract. Boys and Girls Club of San Bernardino will continue to maintain and operate the facility for five (5) years from the date of completion of the facility improvements. The contract specifies the terms and assurances necessary for compliance with County requirements and CDBG program regulations. REVIEW AND APPROVAL BY OTHERS: This contract has been reviewed and approved by Deputy County Counsel, Michelle D. Blakemore (909-387-5455) on January 26, 2004; the Department of Economic and Community Development's Contract Compliance Designee, David Larsen (909-388-0959) on March 23, 2004; and by the County Administrative Office, Patricia M. Cole, Administrative Anal st III 909-387-5346 on March 26, 2004. Record of Action of the Board of Supervisors Agreement No. 04- 257 APPROV CALENDAR) ORS RDINO AYE 4 cc: ECD- Laurin wi agreement Contractor wi agreement IDS wi agreement Auditor wi agreement Risk Management County Counsel- Blakemore ECD- Larsen CAO- Cole ED/PSG- Kanold File wI agreement MOTION AYE 5 J. RE BY rm ITEM 008 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: May 17, 2004 TO: Veronica Martinez, Senior Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2004-81 - Boys & Girls Club of San Bernardiuo CC: Attached is a fully executed copy of the contract with the County of San Bernardino and the Boys & Girls Club of San Bernardino to provide rest room improvements at the Boys & Girls Club using County CDBG funds. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 3-15-0'+ Item # -zs; Resolution # Vote: Ayes I, '3-b/ ') Nays t.;:r Abstain <:, Change to motion to amend original documents 0 Companion Resolutions zcoLl - 6' I Absent 'l... Null/Void After: lob days / 5- / '1-oL! Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 By: Date Sent to Mayor: Date of Mayor's Signature: :3 - I ("d) 'i 6~\IoO'-i Date of Clerk/CDC Signature: , ~ - \ 1-0-1 Reso. Log Updated: Seal Impressed: W B- Date Memo/Letter Sent for Signature: 1" Reminder Letter Sent: !5 - /1-0'1 3~l C(~'1 Date Returned: 5 14-0'1 Not Returned: 0 2"d Reminder Letter Sent: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985,8234,655,92-389): Yes / Yes Yes Yes Yes No By No'/ By No ~ By No / By No/ B Copies Distributed to: Animal Control 0 EDA 0 Information Services 0 City Administrator 0 Facilities ~ Parks & Recreation 0 City Attorney E( Finance ~ Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services 0 Human Resources 0 Water Department 0 Others: 3 Notes: Ready to File: _ Date: Revised 12/18/03