Loading...
HomeMy WebLinkAboutCDC/2005-40 RESOLUTION NO. CDCj2005-40 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ("COMMISSION") APPROVING AND AUTHORIZING THE COMMISSION CHAIRPERSON TO EXECUTE THE REHABILITATION, MAINTENANCE AND OPERATION AGREEMENT BY AND BETWEEN THE COUNTY OF SAN BERNARDINO ("COUNTY"), ASSISTANCE LEAGUE OF SAN BERNARDINO ("LEAGUE") AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") FOR THE REHABILITATION OF THE LEAGUE'S HEADQUARTER AT 580 WEST 6TH STREET (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) 3 4 5 6 7 8 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is 9 public body, corporate and politic, organized and existing under California Communit 10 Redevelopment Law (the "CRL"); the CRL is found at Health and Safety Code section 33000, e 11 seq.; and 12 13 WHEREAS, the Community Development Commission of the City of San Bernardin 14 (the "Commission") is the governing board of the Agency; and 15 WHEREAS, the Assistance League ("League") has a 58 year history of providing denta 16 and other services to the children of low income families who have no other recourse to denta 17 facilities; and 18 WHEREAS, the Agency desires to participate in the rehabilitation of the League' 19 headquarter at 580 West 6th Street in order to address serious structural deficiencies to th 20 building as well as a number of health and safety issues ("Project"); and 21 WHEREAS, the County, the Agency and the League desire to enter into a three part 22 agreement dated November 21, 2005 (the "Agreement"), whereby the County agrees t 23 contribute an amount not to exceed $225,000 ("County Grant") towards the rehabilitation ofth 24 Project; and 25 -1- P:\Agendas\Resolutions\Resolutions\2005\OS.II-21 Assistance League Resol.doc CDC/2005-40 2 3 4 5 6 7 WHEREAS, the Agency concurrently desires to provide $225,000 of Agency fund towards the Project (the "Agency Grant") which Agency Grant, together with the County Gran will provide for a total of $450,000 in total towards the Project; and WHEREAS, the project is categorically exempt under CEQA; and WHEREAS, it is appropriate for the Commission to take action with respect to approvin and entering into the Agreement. NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 8 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 9 FOLLOWS: 10 Section 1. 11 reference. 12 Section 2. 13 The above recitals are true and correct and incorporated herein b 14 15 16 17 18 The Commission hereby approves the Agency entering into Agreement with the County and League for the purpose of rehabilitating the League building a 580 West 6th Street, subject to the conditions and restrictions set forth in said Agreement. Section 3. The Commission hereby approves the Agreement and authorizes directs the Chairperson to execute the Agreement and any other documents required thereby an to make necessary non-substantive changes as recommended by the Interim Executive Directo 19 and Agency Counsel. 20 Section 4. 21 /II 22 /II 23 /II 24 /II 25 1/1 /II The Resolution shall become effective immediately upon its adoption. -2- P:\Agendas\Resolutions\Resolulions\2005\05-1 1-21 Assistance League ResD I.doc CDC/2005-40 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ("COMMISSION") APPROVING AND AUTHORIZING THE COMMISSION CHAIRPERSON TO EXECUTE THE REHABILITATION, MAINTENANCE AND OPERATION AGREEMENT BY AND BETWEEN THE COUNTY OF SAN BERNARDINO ("COUNTY"), ASSISTANCE LEAGUE OF SAN BERNARDINO ("LEAGUE") AND THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") FOR THE REHABILITATION OF THE LEAGUE'S HEADQUARTER AT 580 WEST 6TH STREET (CENTRAL CITY NORTH REDEVELOPMENT PROJECT AREA) 2 4 5 6 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 8 Community Development Commission of the City of San Bernardino at a joint regular 9 meeting thereof, held on the 21st day of November ,2005, by the following vote to wit: 10 Commission Members: Ayes Nays II ESTRADA X 12 LONGVILLE X - 13 MCGINNIS ---L- DERRY X 14 KELLEY X 15 JOHNSON X - 16 MC CAMMACK 17 Abstain Absent 18 19 20 The foregoing resolution is hereby approved this November ,2005. 21 22 Ju 't Valles, Chairperson munity Development Commission 23 f e City of San Bernardino 24 Approved as to form and Legal Content: 25 By Ag'n':fc~l4 4tuL -3- P:\Agendas\Resolutions\Resolutions\2005\05-II-21 Assistance League Resol.doc REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY, CALIFORNIA AND RECORD OF ACTION November 15,2005 FROM: THOMAS R. LAURIN, DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING SUBJECT: CONTRACT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE ASSISTANCE LEAGUE OF SAN BERNARDINO FOR FACILITY IMPROVEMENTS RECOMMENDATION: Approve an Agreement No.05-1092 with the Redevelopment Agency of the City of San Bernardino and the Assistance League of San Bernardino in the amount of $225,000 for facility rehabilitation at the Assistance League of San Bernardino facility and for maintenance and operation of the facility. BACKGROUND INFORMATION: The Assistance League of San Bernardino, a non-profit corporation, has been providing for the dental and clothing needs of low-and moderate-income children for the past fifty-eight (58) years. The league's facility, located at 580 West Sixth Street in San Bernardino, houses the Dr. Earl Crane Children's Dental Health Center and the Operation School Bell Clothing Program. The Dental Health Center serves approximately 1,500 patients a year at the center and screens over 3,000 students in area elementary schools. Operation School Bell serves approximately 300 children each year. Under this contract, the Redevelopment Agency of the City of San Bernardino will provide matching funds in the amount of $225,000 and construction management services for the project. The County will reimburse the Redevelopment Agency of the City of San Bernardino for a portion of the construction costs approved under this contract. The total cost of the facility rehabilitation is estimated to be $450,000. The Assistance League of San Bernardino will continue to maintain and operate the facility for ten (10) years from the date of completion of the facility improvements. The contract specifies the terms and assurances necessary for compliance with County requirements and regulations. REVIEW BY OTHERS: This contract has been reviewed and approved by County Counsel (Michelle D. Blakemore, Deputy County Counsel, 387-5455) on October 27, 2005; and the County Administrative Office (Patricia M. Cole, Administrative Analyst III, 386-3084) on October 28,2005; and the Department of Community Development and Housing (David M. Larsen, Contract Compliance Designee, 388-0959) on November 8, 2005. FINANCIAL IMPACT: Funds in the amount of $225,000 have been allocated for this project and were budgeted in the Department's FY 2005-2006 Budget (SAR-ECD). This action has no effect on the County General Fund. SUPERVISORIAL DISTRICT(S): 5th. PRESENTER: Thomas R. Laurin, Director, 388-0808. ml MOVE 5 cc: CO&H-Turnbull w/3 Agreements Contractor cia CO&H w/Agreement Auditor-Valdez w/Agreement lOS-wi Agreement Risk Management CO&H-Laurin; Larsen CC-Blakemore CAO-Cole File-w/Agreement BY ITEM 025 '/ FOR COUNTY USE ONL Y FAS fY New Vendor Code Depl. ~ Contract Number [- Change CITYOFS891 SC ECD D0~ I Old- Cancel County Department Depl. Orgn. Contractor's License No. Community Development and Housing ECD PROJ. County Department Contract Representative Telephone Total Contract Amount Irhomas R. Laurin (909) 388-0808 $225,000 Brian Turnbull (909) 388-0855 Contract Type o Revenue [XI Encumbered o Unencumbered 0 Other: If not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount 11/15/05 11/15/15 $225,000 Fund Depl. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount SAR ECD PROJ. 200 2005 $225,000 I I Project Name Estimated Payment Total by Fiscal Year Fifth District: Facility FY Amount I/O FY Amount I/O Improvements - Assistance 2005/06 $225,000 - - League of San Bernardino - - County of San Bernardino CONTRACT TRANSMITTAL CONTRACTOR Redevelopment Agency of the City of San Bernardino FederallD No. or Social Security No. N/A Contractor's Representative Maggie Pacheco, Interim Executive Director Address 201 North "E" Street, Suite 301, San Bernardino, CA 92401-9413 Phone (909) 663-1044 Nature of Contract: (Briefly describe the general terms of the contract) Under this contract, the Redevelopment Agency of the City of San Bernardino will provide matching funds in the amount of $225,000 and construction management services for the project. The County will reimburse the Redevelopment Agency of the City of San Bernardino for a portion of the construction costs approved under this contract. The total cost of the facility rehabilitation is estimated to be $450,000. The Assistance League of San Bernardino will continue to maintain and operate the facility for ten (10) years from the date of completion of the facility improvements. The contract specifies the terms and assurances necessary for compliance with County requirements and regulations. The Assistance League of San Bernardino, a non-profit corporation, has been providing for the dental and clothing needs of low-and moderate-income chMdren for the past fifty-eight (58) years. The league's facility, located at 580 West Sixth Street in San Bernardino, houses the Dr. Earl Crane Children's Dental Health Center and the Operation School Bell Clothing Program. The Dental Health Center serves approximately 1,500 patients a year at the center and screens over 3,000 students in area elementary schools. Operation School Bell serves approximately 300 children each year. The attached contract consists of 15 pages. (Attach this transmittal to all contracts not prepared on the "Standard Contract" form.) presente~ Si~e ~partment Head Vet..- Date //-~-o~- Date October 28, 2005 Auditor/Controller-Recorder Use Onl [J Contract Database Input Date [J FAS Keyed By , .. COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING MAINTENANCE AND OPERATION CONTRACT WITH REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AND THE ASSISTANCE LEAGUE OF SAN BERNARDINO This Contract is made and entered into by and among the County of San Bernardino, hereinafter referred to as "COUNTY", the Redevelopment Agency of the City of San Bernardino, hereinafter referred to as "AGENCY", and the Assistance League of San Bernardino, hereinafter referred to as "LEAGUE" as of this 15th day of November, 2005. WHEREAS, the County of San Bernardino Department of Community Development and Housing, hereinafter referred to as "CD H" , is authorized to act on behalf of COUNTY in administering federally funded programs of COUNTY; and WHEREAS, COUNTY, AGENCY and LEAGUE recognize the public benefit in providing a dental health center and clothing program for low and moderate income youth, and providing facilities to house those programs; and WHEREAS, COUNTY, AGENCY and LEAGUE desire to have AGENCY provide for construction management in furtherance of the rehabilitation improvements to FACILITY as defined in Section 1, subject to reimbursement by COUNTY in a specified sum as further provided herein. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: 1. PURPOSE OF CONTRACT This Contract is made for the purpose of identifying the parties responsible for the rehabilitation, maintenance and operation of the LEAGUE facility located at 580 West Sixth Street, San Bernardino, California, hereinafter referred to as "FACILITY". 2. SCOPE OF PROJECT AGENCY shall provide for construction management services as required in Section 5, CONSTRUCTION MANAGEMENT, of the construction of improvements, hereinafter referred to as "IMPROVEMENTS", to include but not be limited to, repair of structural walls and all internal walls, improvements to the foundation structural supports to remedy the listing condition of FACILITY, interior paint, exterior stucco, reconstruction of parking lot, replacement of windows, flooring, electrical, and HVAC. AGENCY shall prepare or cause to be prepared all public bid specifications, bid documents, notices of public bid and contract documents required for the competitive public bidding in furtherance of the undertaking of the construction of IMPROVEMENTS by AGENCY on behalf of LEAGUE. AGENCY shall award the construction contract to the lowest responsible bidder in accordance with the California Public Contract Code and AGENCY shall execute said construction contract and monitor all performance of the lowest responsible bidder pursuant to said construction contract. Such construction contract shall for all purposes be considered to be a public works contract under California law and additionally shall be subject to the prevailing wage requirements as set forth in Section 9 hereof. Page 1 of 10 'r Additional improvements may be included only after a written amendment to this Contract. The actual scope of IMPROVEMENTS may not necessarily include all items identified herein as potentially eligible expenditures and cost items, but shall be limited to the amount of funding identified in Section 4, FUNDING, unless LEAGUE shall use and apply its own funds for cost items in excess of the funding provided by AGENCY and COUNTY. LEAGUE shall maintain and operate FACILITY for the purpose of providing a dental health center and clothing program for low- and moderate-income youth from the City of San Bernardino and surrounding communities for the period identified in Section 7, MAINTENANCE AND OPERATION. Unless as specified otherwise, CDH shall have the authority to represent COUNTY regarding the terms and conditions of this Contract and the administration thereof. 3. TIME OF PERFORMANCE The Contract term shall be for ten (10) years as specified in Section 7, MAINTENANCE AND OPERATION. 4. FUNDING COUNTY shall provide funds in an amount not to exceed two hundred twenty-five thousand dollars ($225,000) for the purpose of constructing IMPROVEMENTS to FACILITY, and AGENCY shall likewise provide funds in an amount not to exceed two hundred twenty-five thousand dollars ($225,000) for purposes of the construction of IMPROVEMENTS. Total project funding from AGENCY and COUNTY will be equal to not more than four hundred fifty thousand dollars ($450,000). Upon AGENCY having expended the first $225,000 of AGENCY funds for the construction of IMPROVEMENTS and the payment of necessary architectural, engineering design and the costs of applicable fees and permits, AGENCY shall submit an invoice to COUNTY seeking reimbursement from COUNTY of said $225,000 amount. COUNTY shall remit to AGENCY said requested reimbursable amount within ten (10) calendar days after receipt of such invoice from AGENCY. Any costs to construct IMPROVEMENTS to FACILITY in excess of the amount available in this Section shall be the sole responsibility of LEAGUE to obtain and provide for IMPROVEMENTS, and neither the amount of COUNTY contribution nor the amount of the AGENCY contribution shall be increased regardless of whether the final IMPROVEMENT cost reflects an increase in the total project funding in addition to those funds available in this Section from AGENCY and COUNTY. This condition however, does not preclude COUNTY and AGENCY from respectively providing additional funding at the sole and absolute discretion of either COUNTY or AGENCY, as applicable. 5. CONSTRUCTION MANAGEMENT COUNTY, AGENCY and LEAGUE agree that AGENCY shall provide with AGENCY staff personnel, or cause to be provided by the retention and selection by AGENCY of a qualified construction management firm, construction management services necessary for the timely and successful completion of IMPROVEMENTS. COUNTY shall provide project administrative services for activities related to completion of IMPROVEMENTS, to include review of bid documents and bid procedures to be undertaken by AGENCY. "Construction management services" shall mean such services necessary and/or Page 2 of 10 appropriate for the accomplishment of overall planning, design and undertaking of the construction of IMPROVEMENTS. 6. COMPENSATION AND METHOD OF PAYMENT Disbursement by COUNTY of payments to AGENCY for the purposes set forth in this Contract shall be in the form of reimbursements for expenses incurred and paid by AGENCY. All reimbursement requests must be documented with "audit ready" supportive evidence of each expenditure and proof of payment, in accordance with COUNTY regulations, and a copy of said COUNTY regulations are attached hereto as Exhibit 1 of 2. All reimbursement payments to AGENCY shall be remitted directly by COUNTY to AGENCY within ten (10) calendar days after receipt by COUNTY of such copies of paid invoices and other required supporting documentation from AGENCY. AGENCY reimbursement from COUNTY for AGENCY expenditures under this Contract shall not be conditioned on the expenditure of AGENCY'S contribution in whole as provided in Section 4, FUNDING~ 7. MAINTENANCE AND OPERATION LEAGUE shall have the sole responsibility for the maintenance and operation of FACILITY at the sole expense of LEAGUE for a period of time equal to not less than ten (10) years beginning upon the date of completion of IMPROVEMENTS. FACILITY shall be maintained and operated at all times for the purpose of providing a dental health center and clothing program 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. 8. ON-SITE INSPECTION COUNTY, its officers, agents, employees and persons under other contracts with COUNTY will have the privilege and right to on-site inspection of FACILITY for the duration of this Contract. LEAGUE will ensure that its employees or agents furnish any information that in the judgment of COUNTY representatives may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality and achievements of the program. 9. 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, U.S. Office of Management and Budget Circular A- 87 and, to the extent applicable, the Davis-Bacon Act, as amended (40 U.S.C. 276a -- 276a-5) for the payment of prevailing wages for the construction of IMPROVEMENTS. 10. INDEMNIFICATION AGENCY and LEAGUE each agree 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 with respect to the acts, errors or omissions of AGENCY or LEAGUE, as applicable, for their respective acts, errors or omissions and not for the acts errors or omissions of the other party, and in addition AGENCY and LEAGUE shall be responsible for any reasonable Page 3 of 10 costs or expenses incurred by COUNTY on account of any claim therefore , except where such indemnification is prohibited by law. AGENCY and LEAGUE each 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 undertaken by each of AGENCY and LEAGUE under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to AGENCY and LEAGUE under this Contract were improperly expended. LEAGUE agrees to indemnify, defend and hold harmless AGENCY 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, with respect to the acts, errors or omissions of LEAGUE and for any costs or expenses incurred by AGENCY on account of any claim therefore, except where such indemnification is prohibited by law. LEAGUE shall indemnify, defend and hold harmless AGENCY and its respective authorized officers, employees, agents and volunteers from any liability, claims, losses, demands and actions incurred by AGENCY as a result of the determination by HUD or its successor that activities undertaken by LEAGUE, under the program(s), fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to LEAGUE and AGENCY under this Contract were improperly expended. COUNTY agrees to indemnify, defend and hold harmless LEAGUE and AGENCY and their respective authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract, with respect to the acts, errors or omissions of COUNTY and for any costs or expenses incurred by LEAGUE or AGENCY on account of any claim therefore, except where such indemnification is prohibited by law. COUNTY shall indemnify, defend and hold harmless LEAGUE and AGENCY and their respective authorized officers, employees, agents and volunteers from any liability, claims, losses, demands and actions incurred by LEAGUE or AGENCY as a result of the determination by HUD or its successor that activities undertaken by COUNTY, under the program(s), fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to COUNTY under this Contract were improperly expended. 11. INSURANCE REQUIREMENTS Without in any way affecting the indemnity herein provided and in addition thereto, where applicable, LEAGUE shall secure and maintain throughout the term of this Contract the following types of insurance with limits as shown: (a) Workers' 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 Employers' Liability with $250,000 limits, covering all persons providing services on behalf of LEAGUE and all risks to such persons under this Contract. Page 4 of 10 If LEAGUE 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 COUNTY'S Risk Manager determines that there is no reasonably priced coverage for volunteers, evidence of participation in a volunteer insurance program may be substituted. (b) Comprehensive General and Automobile Liability 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 limits of $1,000,000 for bodily injury and property damage and $3,000,000 in the aggregate or Professional Liability - Professional Liability Insurance with limits of at least $1,000,000 per claim or occurrence. (c) Additional Named Insured - All policies, except for Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming COUNTY and AGENCY and their officers, employees, agents, and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. (d) Waiver of SubroQation RiQhts - Except for Errors and Omissions and Professional Liability, LEAGUE 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. (e) Policies Primarv 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. (f) Proof of CoveraQe - LEAGUE shall immediately furnish certificates of insurance to CDH 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 without thirty (30) calendar days' written notice to CDH, and LEAGUE shall maintain such insurance from the time LEAGUE commences performance of services hereunder until the completion of such services. Within sixty (60) calendar days after the commencement of this Contract, LEAGUE shall furnish certified copies of the policies and all endorsements. LEAGUE shall complete and submit Contract Exhibit 2 of 2, INSURANCE INVENTORY, along with the above required insurance documents. 12. INSURANCE REVIEW The above insurance requirements are subject to periodic review by COUNTY. COUNTY'S Risk Manager is authorized, but not required, to reduce or waive any of the Page 5 of 10 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. 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, inflation, or any other item reasonably related to the COUNTY'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. AGENCY and LEAGUE agree to execute any such amendment within thirty (30) calendar days after receipt. 13. ADDITIONAL INSURANCE REQUIREMENTS LEAGUE shall, at its sole expense, obtain and deliver to COUNTY and AGENCY for 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, LEAGUE shall use the entire insurance proceeds to restore FACILITY. The insurance required under this Section shall be maintained by LEAGUE at its sole expense for the term of this Contract. Said insurance shall contain endorsements providing that the insurance company issuing the insurance will not cancel or reduce the insurance coverage without thirty (30) calendar days' prior written notice to COUNTY and AGENCY. LEAGUE shall inform COUNTY and AGENCY in writing of any change, expiration or renewal of said insurance within thirty (30) calendar days after the effective date of change; provided, however, a violation of the notice provision shall not constitute a breach of this Contract for purposes of Section 18, VIOLATION OF CONTRACT. 14. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES LEAGUE 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, LEAGUE 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 LEAGUE 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 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. 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 LEAGUE. Page 6 of 10 16. ASSIGNMENT OF CONTRACT LEAGUE shall not assign, subordinate or use for financing purposes, this Contract or any interest herein, unless COUNTY and AGENCY have previously given their written consent at their sole and absolute discretion. Provided, however, that any approved assignment shall be subject to all the terms, covenants and conditions of this Contract and shall be binding upon the assignees and LEAGUE unless COUNTY and AGENCY have agreed to release LEAGUE from all obligations otherwise incurred by LEAGUE pursuant to this Contract. If LEAGUE attempts to effect any unauthorized assignment, or transfer occurs by operation of law, or this Contract or any interest therein is subjected to garnishment or sale under any execution of any suit or proceeding brought against or by LEAGUE, or if LEAGUE is adjudged bankrupt or insolvent by any court or upon LEAGUE making an assignment for the benefit of creditors, COUNTY and AGENCY may, at their option, forthwith terminate this Contract upon written notice thereof to LEAGUE, and thereupon, COUNTY and AGENCY shall have those further rights and remedies hereunder as specified in Section 18, VIOLATION OF CONTRACT. 17. HYPOTHECATION OF REAL PROPERTY During the term of this Contract, neither LEAGUE nor its successors in interest, shall cause to be placed or permit to be placed any encumbrance or lien on the real property covered under this Contract, or shall sell, transfer, mortgage or hypothecate FACILITY without the written authorization of COUNTY and AGENCY. LEAGUE, or its successors in interest, shall be responsible for payment to COUNTY of the costs reasonably incurred by COUNTY in removing or clearing any encumbrance attributable to LEAGUE'S failure to comply with this Section 17, HYPOTHECATION OF REAL PROPERTY, including reasonable attorneys' fees and expenses. 18. VIOLATION OF CONTRACT In the event that LEAGUE violates any of the material terms and conditions of this Contract, COUNTY and/or AGENCY shall give written notice of violation and demand for correction. If LEAGUE in good faith disputes the allegation by COUNTY and/or AGENCY that a material default has occurred under this Contract, LEAGUE shall so notify COUNTY in writing and COUNTY and/or AGENCY together with LEAGUE shall thereafter make good faith efforts to resolve such dispute and alleged default. If COUNTY and/or AGENCY together with LEAGUE are unable to so resolve the alleged default within the thirty-day period after LEAGUE'S receipt of written notice of default, or if, within thirty (30) days after receipt of written notice of default, LEAGUE has not corrected the violation or shown reasonably acceptable cause for not correcting said violation, COUNTY and/or AGENCY shall have the right to terminate this Contract by written notice to LEAGUE. It is agreed that in the event of a termination due to an uncorrected or unexcused violation of this Contract by LEAGUE which is not otherwise disputed in accordance with this Section 18, VIOLATION OF CONTRACT, with respect to (i) any change in use of FACIL TY in violation of the covenants contained herein, (ii) any unauthorized sale, transfer or assignment of FACIL TY or any interests therein, (iii) any uncorrected and continuing violations of Sections 14 and 15 hereof, (iv) any unauthorized sale of assignment of this Contract or the FACILITY in violation of Section 16 hereof, or (v) any use of the COUNTY funds specified in Section 4 in furtherance of an unauthorized construction component of FACIL TY or an activity pf LEAGUE not permitted by this Contract, LEAGUE shall pay to COUNTY within thirty (30) calendar days after receipt of an uncontested notice of termination, the sum of twenty-five Page 7 of 10 , . thousand five hundred dollars for each full year remaining for the unexpired term of this Contract from the date of such notice of termination (i.e., if there are five (5) full years remaining for the term of this Contract following said notice of termination, LEAGUE shall be liable to COUNTY for the repayment of the sum of $112,500 which is equal to 5 years x $22,500 per year). Said sum is agreed to represent a reasonable endeavor by COUNTY and LEAGUE, 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, if any, with COUNTY for programs and services shall be in addition to the sum as provided herein. COUNTY and AGENCY shall also have the rights to enforce any and other legal and equitable remedies available pursuant to applicable law by the filing of an appropriate action in the Superior Court of the County of San Bernardino for other defaults by LEAGUE in additional to those particular defaults as specified above which may result in the termination of this Contract and the reimbursement of certain funds by LEAGUE to COUNTY. 19. PROGRAM REPORTING AND RETENTION OF RECORDS LEAGUE agrees to prepare and submit financial, program progress and other reports as required by COUNTY directives as pertains to LEAGUE'S use of FACILITY as a dental center. LEAGUE shall maintain such program, property, personnel, financial, statistical and other records, supporting documents and accounts as are considered necessary by COUNTY. Said records, documents and accounts are to be retained by LEAGUE for a minimum of five (5) years. Said COUNTY submission will follow LEAGUE'S final submission to COUNTY of reports identified under this Section. Records and accounts that pertain to an item that is the subject of a law suit or audit 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 financial obligation or other covenant, whichever is longer. The starting date for retention of records on purchased equipment shall commence as of the termination of the use of the equipment when it is disposed of or transferred to another person or entity. The retention period for records relating to program income shall commence on the last date of COUNTY fiscal year in which the income is earned. All LEAGUE records, with the exception of confidential client information, shall be made available to representatives of COUNTY and the appropriate federal agencies. 20. AMENDMENTS: VARIATIONS This writing with attachments embodies the whole of this Contract of the parties hereto. There are no oral Contracts 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. Page 8 of 10 III 22. BINDING INTEREST This Contract shall be binding on the parties, successors in interest, heirs and assigns. 23. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: County of San Bernardino Department of Community Development and Housing 290 North "0" Street, 6th Floor San Bernardino, CA 92415-0040 Assistance League of San Bernardino 580 West Sixth Street San Bernardino, CA 92411 Redevelopment Agency of the City of San Bernardino 201 North "E" Street, Suite 301 San Bernardino, CA 92401-9413 24. EASEMENTS, TRUSTS AND WARRANTIES (a) It is expressly understood and agreed that this Contract and all rights and privileges hereunder granted are subject to all easements and rights-of-way now existing in, to, under or over the said premises for any purpose whatsoever. (b) In the event that this Contract or any provision thereof shall be declared null and void by a court of competent jurisdiction, COUNTY or any of their respective officers, agents or employees, or members of COUNTY Board of Supervisors shall not be liable to AGENCY and LEAGUE or to any person holding under or through him for any losses or damages of any nature whatsoever suffered or claimed to be suffered by AGENCY and LEAGUE or such person by reason of such determination. (c) AGENCY and LEAGUE assumes all risks incident to the use and management of said premises in its present condition or in any condition thereof which may prevail during the term of this Contract. (d) Any major changes required by a competent government jurisdiction to this Contract which are beyond the control of AGENCY and LEAGUE will make this 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 AGENCY and LEAGUE, or a joint venture with AGENCY and LEAGUE. (continued on next page) III III III III Page 9 of 10 IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year first written above. COUNTY OF SAN BERNARDINO ~ By: BILL POSTMUS, Chairman Board of Supervisors Date: NOV 1 S 2005 rvisors rdino By: APPROVED AS TO LEGAL FORM RONALD D. REITZ COUNTY COUNSEL By: Date: l/-&--of'" Page 10 of 10 COMMUNITY D,EVELOPMENT COMMIS 10 By: 0[L~ ITH VALLES Ch irperson Date: November 23, 2005 A::: ..;{ By .121 IU~ ~,I-:;-y-f)'J I' APPROVED AS TO LEGAL FORM By: 1f1v //J /ifrd (U6I1d ~~ Counsel Date: 11/I2/'cJS' ASSISTANCE LEAGUE OF SAN BERNARDINO EXHIBIT 1 OF 2 COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING Proiect/Activity Title: Fifth District: Facility Improvements - Assistance League of San Bernardino Case Number: Vendor ID: CITYOFS891 Name/Address of Contractor Aqency: Redevelopment Agency of the City of San Bernardino 201 North E Street, Suite 301 San Bernardino, CA 92411 Date of Issue: X Original: Beginning Amendment # MONTHLY REPORT OF GRANT EXPENDITURES AND REQUEST FOR REIMBURSEMENT Col. 1 Col.2 Co13. Col.4 Col. 5 Col. 6 Proj/Case Grant Current Mo. Cumulative Total Grant Acct. No. Amount Reimb. Prior Reimb. Cum. Reimb. Balance $225,000.00 I CERTIFY THAT, (a) the County of San Bernardino, as grantee of the Federal Funds, has not previously been billed for the costs covered by this invoice, (b) funds have not been received from the Federal Government or expended for such costs under the terms of the contract agreement or grant pursuant to FMC-74-4 & 24 CFR Part 58; (c) all applicable provisions under the terms of the contract relating to the payment of prevailing salaries and wages have been complied with; and (d) all applicable tax laws are complied with. PREPARED BY: APPROVED BY: DATE: PRINT NAME: PRINT NAME: PROGRAM AGENTS USE Au.II'" By, I .<om;".. by' I Appro.'" by' NOTE: A detailed breakdown of costs expended must be attached to each Request for reimbursement and verified by authorized signature. Page 1 of 1 EXHIBIT 2 OF 2 COUNTY OF SAN BERNARDINO DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING Proiect/Activity Title: Fifth District: Facility Improvements - . As~istanc~ League of San Bernardino Case Number: Name/Address of Contractor Aqency: Assistance League of San Bernardino 580 West Sixth Street San Bernardino, CA 92411 Date of Issue: X Original: Beginning Amendment # INSURANCE INVENTORY WORKERS' COMPENSATION/EMPLOYERS' LIABILITY INSURANCE Name of Insurance Company: Effective Dates: Employer's Liability Limit $ Certificate of Insurance Attached Yes No: On File w/CDH COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY INSURANCE Name of Contractor's General Insurance Company: Limits of Liabilitv Effective Dates: Per Occurrence $ Additional Insured Endorsement Attached Yes No:On File w/CDH No: On File w/CDH Annual Aggregate $ Certificate of Insurance Attached Name of Contractor's Automobile Liability Insurance Company: Limits of Liabilitv Effective Dates: Yes Per Person $ Per Accident $ Damage Liability $ Combined Single Limit L- ERRORS AND OMISSIONS LIABILITY INSURANCE Name of Contractor's Insurance Company: Limits of Liabilitv Effective Dates: Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/CDH No: On File w/CDH Annual Aggregate $ Certificate of Insurance Attached PROFESSIONAL LIABILITY INSURANCE Name of Contractor's Insurance Company: Limits of Liabilitv Effective Dates: Yes Additional Insured Endorsement Attached Yes Certificate of Insurance Attached Yes No: On File w/CDH No: On File w/CDH Per Occurrence $ Annual Aggregate $ D........"'" 1 ",,+'1