HomeMy WebLinkAboutR4-Economic Development Agency
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ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
REOUEST FOR COMMISSION/COUNCIL ACTION
FROM:
RONALD E. WINKLER
Development Director
SUBJECT:
CDBG AGREEMENT BETWEEN
CITY AND COUNTY OF SAN
BERNARDINO AND THE
ASSISTANCE LEAGUE
DATE:
February 25, 1997
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SvnoDSis of Previous Commission/Council/Committee Action(s):
On August 21, 1995, the Mayor and Common Council approved the allocation of$60,000 to rehabilitate the
filcility for the Assistance League.
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Recommended Motion(s):
(Mavor and Common Council)
MOTION:
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AlITHORlZING AND DIRECTING THE EXECUTION OF A COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO, THE COUNTY OF SAN BERNARDINO AND THE ASSISTANCE LEAGUE
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Contact Person(s}: Ronald E. WinklerlNorma J. Owens
Phone:
5081
Project Area(s):
Central City North (CCN)
Ward(s):
One(\)
Supporting Data Attached: III Staff Report III Resolution(s) III Agreernent(s)/Contract(s) 0 Map(s) 0 LtrlMemo
FUNDING REQUIREMENTS: Amount: $60.000
Source:
CDBG
Budget Authority:
FY95/96 CDBG
SIGNATURE:
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Development
Administrator
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Commission/Council Notes:
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REW:TNT:lag:03-17-03.cdc
Res 97- ~.2.
COMMISSION MEETING AGENDA
MEETING DAT~
Agenda Item Number: 7{ r It
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
CDBG Al!reement Between City and County of San Bernardino
and the Assistance Leal!ue
Previously, the Mayor and Common Council approved the allocation of $60,000 which represents
two-thirds of the funding needed to rehabilitate the Assistance League dental health facility
located at 580 West Sixth Street, San Bernardino, California. The County of San Bernardino has
allocated the other one-third, or $31,000 ofCDBG funds for the project. It is now appropriate to
execute the attached agreement by and between the City, County and the Assistance League to
forrna1ize this joint project.
The County will assume responsibility for construction management services. The Assistance
League shall maintain and operate the improvements for no less than ten (10) years following the
completion of the improvements at their sole expense.
RECOMMENDATION
It is appropriate for the Mayor and Common Council to approve the execution of Joint
Agreement between the City of San Bernardino, the County of San Bernardino and the Assistance
League.
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RONALD . WINKLER, Director
DevelopJllent Department
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REW:TNT:lag:03-17-03.cdc
fPMMISSION MEETING AGENDA
MEETING DATE: 03/03/1994
Agenda Item Number:-
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E New Vendor Code Dept. Contract Number
M Change SC ECD A
X Cancel
County Department Dept. Orgo. Contractor's License No.
Economic and Community Development ECD PRO!
County Department Contract Representative Ph. Ext. Amount of Contract
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Fund Dept. Organization I Appr. I Obj/Rev Source Activity I GRC/PROJ/JOB Number
SBA ECD PRO} 200 2005 00001064
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount 110 FY Amount 110
Project Name 97 $31,000
Multi-District: Facility ----ro NUl hNI;UMllhR - Am:IIlTEC'I'lJRE; BUlLDlNU -
- -- -
Rehabilitation - San Bernardino AND ENGINEERJNG DEPARTMENT PROJECT
Assistance leA""" /3()()'19114\ - - - -
FOR COUNTY USE ONL Y
County of San Bernardino
FAS
CONTRACT TRANSMITTAL
Assistance League of San Bernardino, Inc. (A Non-Profit Agency)
CONTRACTOR
N/A
. Federal ID No. or Social Security No.
Ms. Elsa Carlton
95-6065105
Birth Date
Contractor's Representative
580 West 6th Street, San Bermirdino, CA 92410
Address
Phone
(909) 889-9565
Nature of Contract: (Briefly describe the general terms of the contract)
This Contract, between the County of San Bernardino, the City of San Bernardino, and the Assistance League of San
A Bernardino, Inc~ provides for the funding, design, construction, maintenance and operation of rehabilitation improvements
., at the Assistance League dental health facility located at 580 W. Sixth Street, in the City of San Bernardino. The City of
San Bernardino will provide $60,000 in Community Development Block Grant (CDBG) funds and the County will provide
$31,000 in CDBG funds to the project. The County of San Bernardino will provide construction management services for
the project. The Assistance League will be responsible for maintenance and operation of improvements to the facility for
no less than ten (10) years following the completion of the improvements at their sole expense.
ttach this transmittal to all contracts not prepared on the "Standard Contract" form.)
::~eg.IFonn
County Counsel
Date
Reviewed as to Affirmative Action
Reviewed for Processing
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Agency Administrator/CAO
Date
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Date
02-12294-000"-,,.11/10
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SAN BERNARDINO COUNTY
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
MAINTENANCE AND OPERATION CONTRACT WITH
THE CITY OF SAN BERNARDINO
AND
THE ASSISTANCE LEAGUE OF SAN BERNARDINO, INC.
This Contract is made and entered into this day of . 19-, by and between
the County of San Bernardino, hereinafter referred to as "COUNTY", the City of San Bernardino, hereinafter
referred to as "CITY", and the Assistance League Of San Bernardino, Inc., hereinafter referred to as
"ASSISTANCE LEAGUE".
WHEREAS, COUNTY and CITY have entered into contracts with the United States of America through
its Department of Housing and Urban Development (RUD) to execute COUNTY and CITY Community
Development Block Grant (CDBG) Programs under the Housing and Community Development Act of 1974, as .
amended, hereinafter referred to as the "ACT"; and,
WHEREAS, COUNTY Department of Economic and Community Development hereinafter referred to
as "ECD," is authorized to act on behalf of COUNTY in administering COUNTY CDBG program; and,
WHEREAS, CITY Development Department, hereinafter referred to as "CDD," is authorized to act on
behalf of CITY in administering CITY CDBG program; and,
WHEREAS, COUNTY Board of Supervisors has approved CDBG funding in the amount of thirty one
thousand dollars ($31,000) for various facility rehabilitation improvements at ASSISTANCE LEAGUE facility;
and, CITY has approved sixty thousand dollars ($60,000) in CDBG funding for these same facility rehabilitation
improvements; and,
WHEREAS, COUNTY, CITY, and ASSISTANCE LEAGUE recognize the public benefit in providing
ASSISTANCE LEAGUE facility and its related programs to the low-and moderate income residents of the
communities of the Third and Fifth Supervisorial Districts and the CITY; and,
WHEREAS, ASSISTANCE LEAGUE currently maintains and operates said facility and related programs
at the sole expense of ASSISTANCE LEAGUE; and,
WHEREAS, title to the property is vested with ASSISTANCE LEAGUE; and,
WHEREAS, COUNTY, CITY and ASSISTANCE LEAGUE desire to have COUNTY manage and direct
the construction of IMPROVEMENTS.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits
to be derived therefrom, the parties agree as follows:
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1.
PURPOSE OF CONTRACT
This Contract is made for the purpose of identifYing the parties responsible for the construction of
rehabilitation improvements to and maintenance and operation of the ASSISTANCE LEAGUE facility
Dental Health Center located at 580 West 6th Street in San Bernardino, California hereinafter referred to
as "FACILITY."
2. SCOPE OF PROJECT
COUNTY and CITY shall construct FACILITY rehabilitation improvements, hereinafter to referred to
as "IMPROVEMENTS," to include: asbestos removal, roof replacement and rehabilitation; ceiling repair,
electrical and plumbing rehabilitation and repair; substructure repair, painting, fixed equipment
replacement and termite control. Additional improvements may be included only after written agreement
between ASSISTANCE LEAGUE, COUNTY, and CITY.
ASSISTANCE LEAGUE shall maintain and operate the IMPROVEMENTS for the operation of its dental
health center services and related programs to low.and moderate. income persons residing in the Third and
Fifth Supervisorial Districts and the City of San Bernardino.
Unless as specified otherwise, ECD shall have the authority to represent COUNTY regarding the terms
and conditions of this Contract and the administration thereof, and CDD shall have the authority to
represent CITY regarding the terms and conditions of this Contract and the administration thereof.
3.
TIME OF PERFORMANCE
This Contract shall be effective as of the date of the last of the parties hereto execute this Contract and
shall continue for not less than the maintenance and operation period as specified in Section 6,
MAINTENANCE and OPERATION.
4.
FUNDING
COUNTY shall provide CDBG funds in an amount not to exceed thirty one thousand dollars ($3 I ,000)
for the purpose of constructing IMPROVEMENTS. CITY shall provide CDBG funds in an amount not
to exceed sixty thousand dollars ($60,000) for the purpose of design and construction of
IMPROVEMENTS.
Within ten (10) working days upon written demand by COUNTY, CITY shall pay appropriate costs
associated with completion ofIMPROVEMENTS. Appropriate invoiced documents shall be included
in said written demand by COUNTY. Any costs to construct IMPROVEMENTS in excess of the amounts
available in this section shall be the sole responsibility of ASSISTANCE LEAGUE. This condition
however, does not preclude COUNTY or CITY from providing additional funding at their sole discretion.
s.
CONSTRUCTION MANAGEMENT
COUNTY, CITY and ASSISTANCE LEAGUE agree COUNTY shall provide construction management
services necessary for the timely and successful completion of IMPROVEMENTS. Construction
management services shall be included as part ofIMPROVEMENTS. COUNTY may subordinate the
construction management to a delegate agency of COUNTY, and will be responsible for compliance with
the Davis-Bacon Act and other related acts associated with the CDBG program.
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6.
MAINTENANCE AND OPERATION
ASSISTANCE LEAGUE shall have sole responsibility for the maintenance and operation of
IMPROVEMENTS at the sole expense of ASSISTANCE LEAGUE for a period of not less than ten (10)
years beginning upon the date of completion of IMPROVEMENTS. COUNTY shall notify
ASSISTANCE LEAGUE in writing of said date of completion of IMPROVEMENTS. FACILITY shall
be maintained and operated at all times for the purpose of dental health center services and related
programs as identified in Section 2, Scope of Project, and in accordance with federal, state and local laws,
regulations and safety standards. ASSISTANCE LEAGUE shall be responsible for completing and
submitting to COUNTY and CITY any and all certification forms provided by CITY or COUNTY, on the
use of FACILITY.
7. ON-SITE INSPECTION
COUNTY and CITY, their officers, agents, employees, persons under contract with COUNTY and CITY
and representatives ofHUD, will have the privilege and right to on-site inspection of the FACILITY for
the duration of this Contract. ASSISTANCE LEAGUE will ensure that its employees or agents furnish
any information, that in the judgement of COUNTY and CITY and HUD representatives, may be relevant
to a question of compliance with contractual conditions, HUD directives, or the effectiveness, legality,
and achievements of the program.
8.
AFFIRMATIVE ACTION AND CONTRACT COMPLIANCE
ASSISTANCE LEAGUE shall make every effort to ensure that all projects funded wholly or in part by
CDBG funds shall provide equal employment and career advancement opportunities for minorities,
women disabled veterans. In addition, ASSISTANCE LEAGUE shall make every effort to employ
residents of the areas specified in SECTION 2. SCOPE OF PROJECT and shall keep a record of the
positions that have been created directly as a result of this Contract.
COUNTY has a goal of 15 percent (15%) Minority Business Enterprise (MBE), 5 percent (5%) Women
Business Enterprise (WBE) and 3 percent (3%) Disabled Veteran Business Enterprise (DVBE)
participation for all contracts. ASSISTANCE LEAGUE agrees to comply with the provisions of the
Affirmative Action Compliance Program of COUNTY and CITY and rules and regulations adopted
pursuant thereto. ASSISTANCE LEAGUE shall comply with Executive Orders 11246, 11375, 11625,
12138, 12432, 12250, Title VII of the Civil Rights Act of 1964, the California Fair Employment and
Housing Act, California Public Contracts Code 2000 and COUNTY M/WIDVBE Policy No. 11-15 as
revised, and other applicable federal, state, COUNTY and CITY laws, regulations and policies relating
to equal employment and contracting opportunities, including laws and regulations hereafter enacted.
9. COMPLIANCE WITH LAWS
All parties agree 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.
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10.
INDEMNIFICA nON
ASSISTANCE LEAGUE agrees to indemnify, defend and hold harmless COUNTY and CITY and their
authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages,
and/or liability arising from ASSISTANCE LEAGUE acts, errors or omissions and for any costs or
expenses incurred by COUNTY and CITY on account of any claim therefore, except where such
indemnification is prohibited by law. ASSISTANCE LEAGUE shall promptly notify COUNTY and
CITY in writing of the occurrence of any such claims, actions, losses, damages, and/or liability.
ASSISTANCE LEAGUE shall indemnify and hold harmless COUNTY and CITY against any liability,
claims, losses, demands, and actions incurred by COUNTY and CITY as a result of the determination by
HUD or its successor that activities undertaken by ASSISTANCE LEAGUE under the program(s) fail to
comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed
to ASSISTANCE LEAGUE under this Contract were improperly expended.
11. INSURANCE REOUlREMENTS
Without in any way affecting the indemnity herein provided and in addition thereto, ASSISTANCE
LEAGUE shall secure and maintain throughout the Contract the following types of insurance with limits
as shown:
Workers' Comnensation - A program of Worker's Compensation insurance or a State-approved
SelfInsurance Program in an amount and form to meet all applicable requirements of the Labor
Code of the State of California, including Employer's Liability with $250,000 limits, covering all
persons providing services on behalf of ASSISTANCE LEAGUE and all risks to such persons
under this Contract.
Comprehensive General and Automobile Liability Insurance - This coverage to include
contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles.
The policy shall have combined single limits for bodily injury and property damage of not less
than one million dollars ($1,000,000).
Errors and Omissions Liability Insurance - Combined single limits of $1 ,000,000 for bodily injury
and property damage and $ 3,000,000 in the aggregate jl[
Professional Liability - Professional liability insurance with limits of at least $1,000,000 per claim
or occurrence.
Additional Named Insured - All policies, except for Workers' Compensation, Errors and
Omissions and Professional Liability policies, shall contain additional endorsements naming
COUNTY and CITY, their officers, employees, agents, and volunteers as additional named
insured with respect to liabilities arising out of the performance of services hereunder.
Waiver of Subroiation Rillhts - Except for Errors and Omissions and Professional Liability,
ASSISTANCE LEAGUE shall require the carriers of the above required coverage to waive all
rights of subrogation against COUNTY and CITY, and their officers, employees, agents,
volunteers, contractors and subcontractors.
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12.
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
and CIlY.
Proof of Coveralle - ASSISTANCE LEAGUE shall immediately furnish certificates of insurance
to ECD and CDD evidencing the insurance coverage, including endorsements, above required
prior to the commencement of performance of services hereunder, which shall provide that such
insurance shall not be terminated or expire without thirty (30) days written notice to ECD and
CDD, and ASSISTANCE LEAGUE shall maintain such insurance from the time ASSISTANCE
LEAGUE commences performance of services hereunder until the completion of such services.
Within sixty (60) days of the commencement of this Contract, ASSISTANCE LEAGUE shall
furnish certified copies of the policies and all endorsements. ASSISTANCE LEAGUE shall
complete and submit Contract Exhibit lon, Insurance Inventory, along with the above required
insurance documents.
INSURANCE REVIEW
The above insurance requirements are subject to periodic review by COUNlY and CIlY. The
COUNlY's and CIlY'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 COUNlY and CIlY. In
addition, if the Risk Managers determine that heretofore unreasonably priced or unavailable types of
insurance coverage or coverage limits become reasonably priced or available, the Risk Managers are
authorized, but not required, to change the above insurance requirements, to require additional types of
insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past
claims against COUNlY and CIlY, inflation, or any other item reasonably related to the COUNlY and
CIlY's risk.
Any such reduction or waiver for the entire term of the Contract and any change requiring additional types
of insurance coverage or higher coverage limits must be made by amendment to this Contract.
ASSISTANCE LEAGUE agrees to execute any such amendment within thirty (30) days of receipt.
13. ADDITIONAL INSURANCE REOillREMENTS
ASSISTANCE LEAGUE shall, at its sole expense, obtain and deliver to COUNlY and CIlY for their
approval, a certification or policy of standard fire insurance with extended coverage and vandalism and
malicious mischief endorsements for the full replacement value of FACILIlY. In the event of any
damage or destruction to FACILIlY covered by the insurance, ASSISTANCE LEAGUE shall use the
entire insurance proceeds to restore F ACILIlY. The insurance required under this section shall be
maintained by ASSISTANCE LEAGUE at its sole expense for the term of this Contract. Said insurance
shall contain endorsements providing that the insurance company issuing the insurance will not cancel
or reduce the insurance coverage without thirty (30) days prior written notice to COUNlY and CIlY.
ASSISTANCE LEAGUE shall inform COUNlY and CIlY in writing of any change, expiration or
renewal of said insurance within thirty (30) days of the effective date of change.
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14.
RELIGIOUS PROSEL YTIZlNG OR POLITICAL ACTIVITIES
ASSISTANCE LEAGUE agrees that it will not perform or permit any religious proselytizing or political
activities in connection with the performance of this Contract. Funds under this Contract will be used
exclusively for performance of the work required under this Contract and no funds made available under
this Contract shall be used to promote any religious or political activities.
FACILITY, however, may be used on an incidental basis to hold political meetings, candidate forums,
or voter registration campaigns, provided that all parties and organizations have access to the FACILITY
on an equal basis, and are assessed equal rent or use charges, if any.
IS. DISCRIMINATION
16.
17.
18.
No person shall, on the grounds of race, sex, creed, color, religion, or national origin, be excluded from
participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities,
programs, or employment by ASSISTANCE LEAGUE.
ASSIGNMENT AND SlffiLETTING
ASSISTANCE LEAGUE shall not assign, subordinate, or sue for financing, this Contract or any interest
therein, unless COUNTY and CITY have previously given their written consent. Provided, however, that
any approved assignment shall be subject to all the terms, covenants, and conditions of the Contract. If
ASSISTANCE LEAGUE attempts to effect any unauthorized assignment, or transfer occurs by operation
of law, or this Contract or any interest therein is subjected to garnishment or sale under any execution of
any suit or proceeding brought against or by ASSISTANCE LEAGUE, or if ASSISTANCE LEAGUE is
adjudged bankrupt or insolvent by any court or upon ASSISTANCE LEAGUE making an assignment for
the benefit of creditors, COUNTY and CITY may, at their option, forthwith terminate this Contract upon
written notice thereof to ASSISTANCE LEAGUE, and thereupon, no one but COUNTY and CITY shall
have any further rights hereunder.
HYPOTHEC A TION OF REAL PROPERTY
During the term of this Contract, neither ASSISTANCE LEAGUE, nor its successors, shall cause to be
placed or permit to be placed any encumbrance or lien on the real property covered under this Contract,
or shall sell, transfer, mortgage or hypothecate FACILITY without the written authorization of COUNTY
and CITY. Notwithstanding Section 18, Violation of Contract, and any other provisions herein,
ASSISTANCE LEAGUE shall reimburse COUNTY and CITY for the fair market value of FACILITY
less any portion thereof attributable to expenditores of non-CDBG funds for FACILITY, should
ASSISTANCE LEAGUE sell, hypothecate, mortgage or encumber FACILITY without the written
authorization of COUNTY and CITY during the term of this Contract.
VIOLATION OF CONTRACT
In the event that ASSISTANCE LEAGUE violates any of the terms and conditions of this Contract,
COUNTY and CITY shall give written notice ofviolation and demand for correction. If, within thirty
(30) days from receipt of written notice, ASSISTANCE LEAGUE has not corrected the violation or
shown acceptable cause, COUNTY and CITY have the right to terminate this Contract. It is agreed that
in the event of a termination due to a violation of this Contract by ASSISTANCE LEAGUE,
ASSISTANCE LEAGUE shall within ten (IO) days of receipt of Notice ofTermination, pay to COUNTY
the sum of thirty one thousand dollars ($31,0000) and to CITY the sum of sixtY thousand dollars
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($60,000). Said sum is agreed to represent a reasonable endeavor by both parties hereto, to be a fair
compensation for the foreseeable losses that might result from such a breach or default. Penalties and
damages covered under separate contracts with COUNTY and CITY for ASSISTANCE LEAGUE
programs shall be in addition to that contained herein. Such termination shall not excuse ASSISTANCE
LEAGUE from reimbursement provisions in Section 17, Hypothecation of Real Property.
TERMINA nON BY COUNTY AND CITY
Notwithstanding Section 18, Violation of Contract, COUNTY and CITY may immediately terminate this
Contract upon the termination, suspension, discontinuation or substantial reduction in CDBG funding of
the Contract activity or the reprogramming of said funds as deemed necessary by COUNTY and CITY,
or for the convenience of COUNTY and CITY.
20. REVERSION OF ASSETS
21.
22.
All real property acquired or improved in whole or in part with CDBG funds in excess of $25,000 under
this Contract must continue in the use that provides the service benefits and national objectives for which
it was funded until five years after expiration of this Contract as set forth in 24 CFR 470, or such longer
period of time as determined by COUNTY and CITY; or it must be disposed of in a manner resulting in
a reimbursement to COUNTY and CITY in the amount of the current fair market value of the property
less any portion thereof attributable to expenditures of non-CDBG funds for the acquisition of, or
improvement to, the property.
BENEFICIARY OUALIFICA nON
Persons qualifying for program services on the basis of income, hereinafter referred to as
"BENEFICIARIES", shall have an annual household gross income equal to or less than the U.S.
Department of Housing and Urban Development (HUD) Section 8 (of the United States Housing Act of
1937) Income Limits. HUn Section 8 Income Limits for the Riverside-San Bernardino PMSA, define
the maximum annual household gross income for low-and moderate-income households. ASSISTANCE
LEAGUE is responsible for obtaining from COUNTY and CITY the said current applicable HUn Section
8 Income Limits for each year of the Contract term identified in Paragraph 2, Time of Performance.
Under CDBG regulations, the following clientele categories are presumed to be low-and moderate-income
persons and can qualify for service regardless of income: Abused Children; Battered Spouses; Elderly
Persons (60 and older); Handicapped Persons; Homeless Persons; Illiterate Persons; Migrant Farm
Workers. ASSISTANCE LEAGUE shall document the household income of all BENEFICIARIES, by
obtaining completed copies of the "Beneficiary Qualification Statement", Exhibit 2 00. ASSISTANCE
LEAGUE shall retain these forms for three (3) years after conclusion of this Contract.
PROGRAM REPORTING
ASSISTANCE LEAGUE agrees to prepare and submit fmancial, program progress, evaluations, and other
reports as required by HUn or COUNTY and CITY directives. ASSISTANCE LEAGUE shall maintain
such property, personnel, fmancial and other records and accounts as are considered necessary by HUn
or COUNTY and CITY to assure proper accounting for all contract funds. All ASSISTANCE LEAGUE
records, with the exception of confidential client information, shall be made available to representatives
of COUNTY and CITY and the appropriate federal agencies. ASSISTANCE LEAGUE is required to
submit data necessary to complete the Annual Grantee Performance Report in accordance with HUn
regulations in the format and at the time designated by COUNTY Director of ECD or his designee and
CITY Director of CDD or his designee. ASSISTANCE LEAGUE shall submit a completed Program
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Progress Report, Exhibit 3 of 3, for each year of this Contract. ASSISTANCE LEAGUE shall also
provide the Direct Benefit information included on this exhibit, as necessary for completion of the Annual
Grantee Performance Report.
23.
AMENDMENTS: VARIATIONS
This writing with attachments, embodies the whole of this Contract of the parties hereto. There are no
oral contracts not contained herein. Except as herein provided, addition or variation of the terms of this
Contract shall not be valid unless made in the form of a written amendment to this Contract formally
approved and executed by the parties.
24.
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.
25. BINDING INTEREST
This Contract shall be binding on the parties, successors in interest, heirs and assigns.
26.
NOTICES
All notices shall be served in writing. The notices shall be sent to the following addresses:
COUNTY
County of San Bernardino
Department of Economic and
Community Development
290 N. "D" St., Sixth Floor
San Bernardino, CA 92415-0040
illY
City of San Bernardino
Economic Development Agency
Community Development Department
201 North "E" Street, Ste. 301
San Bernardino, CA 9240 I
ASSISTANCE LEAGUE
Assistance League of San Bernardino, Inc.
580 West 6th Street
San Bernardino, CA 924 I 0
27. EASEMENTS. TRUSTS AND WARRANTIES
A. It is expressly understood and agreed that this Contract and all rights and privileges hereunder
granted are subject to all easements and rights-of-way now existing in, to, under or over the said
premises for any purpose whatsoever.
B.
In the event that this Contract or any provision thereof shall be declared null and void by a court
of competent jurisdiction, COUN1Y and CIlY or any of their respective officers, agents or
employees, or members of COUN1Y Board of Supervisors, or members of CIlY Common
Council, shall not be liable to ASSISTANCE LEAGUE or to any person holding under or through
him for any losses or damages of any nature whatsoever suffered or claimed to be suffered by
ASSISTANCE LEAGUE or such person by reason of such determination.
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C.
ASSISTANCE LEAGUE assumes all risks incident to the use and management of said premises
in its present condition or in any condition thereof which may prevail during the term of this
Contract.
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D. Any major changes required by a competent government jurisdiction to the Contract which are
beyond the control of ASSISTANCE LEAGUE will make the Contract terms subject to
renegotiation.
E. It is expressly understood and agreed that COUNTY and CITY do not, in any way nor for any
purpose, become a partner of ASSISTANCE LEAGUE, or ajoint venturer with ASSISTANCE
LEAGUE.
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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:
Chainnan, Board of Supervisors
Date:
SIGNED AND CERTIFIED THAT A COPY OF
TIllS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
EARLENE SPROAT
Clerk of the Board of Supervisors
of the COUNTY and CITY of San Bernardino
By:
Date:
APPROVED AS TO LEGAL FORM
ALAN K. MARKS
COUNTY and CITY COUNSEL
Date:
AGMTS/96ASSLGE.M&O
12110/96ILPlbii
CITY OF SAN BERNARDINO
By:
Mayor
Date:
By:
Dated:
By:
City Clerk
Date:
ASSISTANCE LEAGUE OF SAN BERNARDINO, INC.
/ /-t7-~
ard of Directors
Date: 1- t. - 11
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EXHIBIT I of 3
_ COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
~roiectlActivity Title: Case Number:
Multi-District: Community Dental Facility Rehabilitation - 300-19114/1 064
San Bernardino Assistance League
GENERAL LIABILITY INSURANCE
Name of Contractor's Insurance Company: Firemans Fund Insurance
Effective Dates: 10-18-96 to 10-18-97
Limits of Liability:
Per Occurrence: $1.000.000 Additional Insured Endorsement Attached ..2L Yes _ No: On File wI ECD
Annual Aggregate:$I.OOO.OOO Certificate of Insurance Attached ..2L Yes _ No: On File wI ECD
NamelAddress of Contractor Al!encv:
Assistance League of San Bernardino, Inc.
580 West 6th Street
San Bernardino, CA 92411
Date of Issue:
...x Original:
Amendment #
INSURANCE INVENTORY
PROFESSIONAL LIABILITY INSURANCE
Name of Contractor's Insurance Company: Firemans Fund Insurance
Effective Dates : 10-18-96 to 10-18-97
al--imits of Liability :
W>er Occurrence $1.000.000 Additional Insured Endorsement Attached ..2L Yes _ No: On File wI ECD
Annual Aggregate $1.000.000 Certificate ofInsurance Attached ..2L Yes _ No: On File wI ECD
ERRORS AND OMISSIONS INSURANCE
Name of Contractor's Insurance Company NOT APPLICABLE
Effective Dates
Limits of Liability
Per Occurrence $
Annua1 Aggregate $
Additional Insured Endorsement Attached _ Yes _ No: On File wI ECD
Certificate of Insurance Attached Yes No: On File wI ECD
WORKERS' COMPENSATIONIEMPLOYER'S LIABILITY INSURANCE
Name of Program: CAL COMP INSURANCE
Effective Dates: 10-1-96 to I 0-1-97
Employer's Liability Limit $1.000.000
Certificate of Insurance Attached ..2L Yes _ No: On File wI ECD
FIRE INSURANCE
Name of Contractor's Insurance Company: Fireman's Fund Insurance
Effective Dates: I 0-18-96 to I 0-18-97
Limits Of Liability:
Flacement Cost Value: $50000
Additional Insured Endorsement Attached ..2L Yes _ No: On File wlECD
Certificate of Insurance Attached -1L Y cs _ No: On File wlECD
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E)DHlBIT 2 of 3
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
~iectlActiVity Title: Case Number:
Multi-District: Community Dental Facility Rehabilitation - 300-19114/1064
San Bernardino Assistance League
ACKNOWLEDGMENT AND DISCLAIMER
1 CERTIFY UNDER PENAL1Y OF PERJURY lHAT INCOME AND HOUSEHOLD STATEMENTS MADEON THIS FORM
AARE TRUE.
~AME:
ADDRESS:
SIGNATURE:
The information you provide on Ibis form is for Community Development Block Grant (COBG) program purposes only ond will be kept confidential.
'"Tak<n fiumSedion 81996-97 Low ond Very Low Income Limits.
e
Name/Address of Contractor Aiencv:
Assistance League of San Bernardino, Inc.
580 West 6th Street
San Bernardino, CA 92411
Date of Issue:
...x. Original:
Amendment #
BENEFICIARY OUALIFICA nON STATEMENT
This fonn has the purpose of providing information needed to qualify the use of Federal Community Development Block Grant
(CDBG) funds for the project/activity described above. This statement must be completed and signed by the person (legal guardian)
requesting to receive benefits from the described project/activity.
Please aDSWer each of the following questions.
1.
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.
For this question a list of the 1996-97 LOW AND MODERATE income categories. are presented below. Please calculate
the combined llt'OSS annual income of all persons in your household from all sources of income.
State, yes or no, if your combined gross annual income is equal to or less than the ~ amount for the number of
persons in your household.
State, yes or no, if your combined gross annual income is equal to or less than the MODERATE amount for the
Dumber of persons in your household.
Number of Persons in Your Household
2 3 4 5
$ 17,300 $ 19,500 $ 21,650 $ 23,400
$ 27,700 $ 31,200 $ 34,650 $ 37,400
3.
1
LOW $ 15,150
MODERATE $ 24,250
Do you identify yourself as:
White Black
_ Other
6
$ 25,100
$ 40,200
7
$ 26,850
$ 42,950
8
$ 28,600
$ 45,700
_ Hispanic _ American Indian _ Asian
4.
Please state, yes or no, if you are a female Head of Household?
5.
Please describe the condition that would qualify you as being considered in one of the following categories: low-
and moderate-income household, abused child, battered spouse, elderly person, homeless person, disabled person,
illiterate person, or migrant farm worker.
DATE:
PHONE NO:
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EXIllBIT 3 of 3
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVEWPMENT
_roiectlActiVity Title: Case Number:
Multi-District: Community Dental Facility Rehabilitation - 300-19114/1064
San Bernardino Assistance League
NamelAddress of Contractor Al!ency:
Assistance League of San Bernardino, Inc.
580 West 6th Street
San Bernardino, CA 92411
Date ofIssue:
...x. Original:
Amendment #_
ANNUAL PROGRAM PROGRESS REPORT
YEAR
Under each type of service listed below, describe what your program has accomplished during this year. Include location,
number of persons served, serviceslbenefits provided, and a description of the clients served. Also report the number of
Units of Service provided.
Tvne of Service:
Units of Service:
L Dental Health Exams/Treatments:
e
2. Dental Health Outreach and Education:
Total Number of Households
or Persons
Served During This Year
ANNUAL DIRECT BENEFIT REPORT
(Unduplicated first-time client counts llDbO
Prognan beneficiaries are counted below as: Households (H)_!l[ Persons (P)_
Number of Households or Persons Directly Assisted:
Low Income (only) _ Low and Moderate Income (combined total)_
Counts By Race/Ethnicity (The total of these counts should equal the combined total above):
White, Not Hispanic Origin Black, not Hispanic Origin
Hispanic American Indian/Alaskan Native
Asian Pacific Islander Other: (Specify) 1
_Female Headed Households:
"Signed Title Date
Print Name
Tel. No.tExt.
y