HomeMy WebLinkAboutR37-Economic Development Agency
. ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
FROM: Gary Van Osdel SUBJECT:
Executive Director
DATE: December 10, 1999 OR I G l/J A L
CONTRACT BETWEEN COUNTY OF
SAN BERNARDINO, TEDDY BEAR
TYMES, AND THE CITY OF SAN
BERNARDINO (CDBG PROGRAM)
SvnoDsis of Previous Commission/CouDcil/Committee Action(s):
On May 11, 1998, the Mayor and Common Council approved the Annual Consolidated Plan projects
and activities. Included in the approved project list is the Teddy Bear Tymes Day Care Center
Renovation for $39,000, Project #98-206, to be funded by Community Development Block Grant
(CDBG) funds.
Recommended Molion(s):
(Mnvor and Common Council)
MOTION:
RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE MAYOR TO
EXECUTE THE CONTRACT BY AND BETWEEN THE COUNTY OF SAN BERNARDINO, CITY
OF SAN BERNARDINO AND TEDDY BEAR TYMES FOR THE CHILD CARE FACILITY
RENOVATION LOCATED AT 780 GILBERT STREET (CDBG PROJECT #98-206)
Phone:
5081
Ward(s):
Two (2)
Supporting Data Attached: ~ Staff Report ~ Resolution(s) ~ Agreement(s)/Contract(s) 0 Map(s) 0 Letter/Memo
FUNDING REQUIREMENTS Amount: $ 39,000
Source:
1998 CDBG Funds
SIGNATURE:
Budget Authority: $39,000
In. ~/t!~
Maggie Pacheco, Director
Housing & Community Development
Commission/Council N'otes:------------------------------------------
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GVO:lag:99-12-06 Teddy Bear Tymes
COMMISSION MEETING AGENDA
Meeting Date: 12120/1999
Agenda Item Number: !1S1-
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
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Contract Between County or San Bernardino. Teddv Bear Tvmes.
and the City or San Bernardino (CDBG Prol!ram)
BACKGROUND
In August 1998, the Agreement between the City and Teddy Bear Tymes was executed
committing the $39,000 CDBG funds to the Teddy Bear Tymes child care renovation.
At the time the Agreement was executed, the County Economic and Community Development
(County ECD) Department had also awarded $38,500 in CDBG funds to Teddy Bear Tymes to
augment the City's CDBG funds.
CURRENT ISSUE
The Contract before the Mayor and Common Council is an implementation agreement
designating the County as the lead Agency on the project, responsible for all aspects of project
implementation. The County ECD will ensure proper project bidding and compliance with all
the various CDBG program regulations. This new tri-party contract will supercede the
previously approved August 1998 Agreement between the City and Teddy Bear Tymes, Inc.
FISCAL IMPACT
This item will not negatively impact the City's General Fund nor the Redevelopment Agency's
funds. Funds are available from Fiscal Year 1998/99 CDBG funds in the amount of $39,000.
ENVIRONMENTAL REVIEW
Prior to the release of any federal resources, the Agency must adhere to the National
Environmental Protection Agency (NEPA) environmental guidelines and requirements. All
mandated notices of public hearing have been adhered to.
RECOMMENDATION
That the Mayor and Common Council adopt the attached Resolution.
(
/h.{f~
Maggie Pacheco, Director
Housing & Community Development
GVO:lag:99-12-06 Teddy Bear Tymes
COMMISSION MEETING AGENDA
Meeting Date: 12120/1999
Agenda Item Number: W--
02
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014
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(G(Q)[P)W
RESOLUTION NO.
4
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT BY
AND BETWEEN THE COUNTY OF SAN BERNARDINO, CITY OF SAN
BERNARDINO AND TEDDY BEAR TYMES FOR THE DAY CARE
FACILITY RENOVATION LOCATED AT 780 GILBERT STREET
(CDBG PROJECT #98-206)
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Section 1.
That the Mayor and Common Council hereby approve the Contract by and
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between the County of San Bernardino, City of San Bernardino and Teddy Bear Tymes for the
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Child Care Facility Renovation in the amount of not to exceed $39,000 from the 1998-99
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Community Development Block Grant (CDBG) Program.
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Section 2.
That the Mayor is hereby authorized to execute the above referenced
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Contract as prepared by County Counsel and approved by the City Attorney, a copy of which is
on file with the City Clerk, and incorporated herein by reference as though fully set forth at
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length.
Section 3.
The authorization to execute the above referenced Contract is rescinded if
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the parties to the Contract fail to execute it within 60 days of passage of this Resolution.
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Section 4.
The Mayor and City Attorney are authorized to make changes to the
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Contract provided the changes are non-substantive in nature, and do not increase the amounts
19 provided herein.
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24 IIII
25 IIII
0
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7 on the day of
8 Council Members:
Aves
9 ESTRADA
10 LIEN
11 MCGINNIS
12 SCHNETZ
13 SUAREZ
014 ANDERSON
MILLER
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL
AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT BY
AND BETWEEN THE COUNTY OF SAN BERNARDINO, CITY OF SAN
BERNARDINO AND TEDDY BEAR TYMES FOR THE DAY CARE
FACILITY RENOVATION LOCATED AT 780 GILBERT STREET
(CDBG PROJECT #98-206)
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
meeting thereof, held
, 1999, by the following vote to wit:
Navs
Abstain
Absent
City Clerk
19 The foregoing resolution is hereby approved this
day of
,1999.
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21
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Judith Valles, Mayor
City of San Bernardino
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Approved as to form and Legal Content:
James F. Penman
24 City Attorney
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o B~71"--,
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~.
E ~ New Vendor Code oept. Contract Number
M - Change se ECo A
X Cancel
County Department Dept. Orgn. Contractor's License No.
Economic and Community Development ECo PROJ
County Department Contract Representative Ph. Ext. Amount of Contract
THOMAS R. LAURIN 0808 $38,500
Fund Dept. Organization Appr. Obj.lRev Source Activity GRCIPROJ/JOB Number
SBA ECD PROJ 200 2005 00001524
.
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount 110 FV Amount 110
Project Name 99 $38,500
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Multi-District - Facilily Department of Architecture & Engineering Project
Rehabilitation - Teddy Bear 00 Not Encumber
Tymes (300-22118)
FOR COUNTY USE ONL Y
Qounty of San Bernardino
FAS
CONTRACT TRANSMITTAL
CONTRACTOR
"City of San Bernardino, EDA
""Teddy Bear Tymes Child Care Center, Inc.
Birth Date
N/A
Federal 10 No. or Social Security No.
**33-0192932
Contractor's Representative Linda Drew, Executive Director
Address "201 North "En Street, Suite 301, San Bernardino, CA 92401
""780 East Gilbert Street, San Bernardino, CA 92415-0935
Phone
""(909) 387-0550
Nature of Contract: (Briefly describe the general terms of the contract)
Qontract, between the County of San Bernardino, City of San Bernardino and Teddy Bear Tymes Child Care
r, Inc., provides for renovation of a building to create four handicapped accessible pre-school classrooms as
r i1itation improvements to the Teddy Bear Tymes facility, located at 780 E. Gilbert Street, in San Bernardino.
The Teddy Bear Tymes facility is owned by the County and is leased to Teddy Bear Tymes, Inc., for the purpose of
providing child care programs and services to children from low-and moderate-income households in the Fifth
Supervisorial District and the City of San Bernardino. The County of San Bernardino will provide $38,500 in
Community Development Block Grant (CDBG) funds for the project, while the City of San Bernardino is providing
$39,000 of City CDBG funding. The County of San Bernardino will provide construction management services for
the project. Teddy Bear Tymes will provide child care services and will be responsible for maintenance and
operation of the facility at their sole expense for no less than ten (10) years following the completion of rehabilitation
improvements.
(Attach this transmittal to all contracts not praparad on the "Standard Contract" form.)
Approved as to Legal Fonm
Reviewed as to Afflnmative Action
Reviewed for Processing
Oounsel
Date
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Agency AdministratorlCAO
Date
Date
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SAN BERNARDINO COUNTY
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
MAINTENANCE AND OPERA nON CONTRACT
WITH THE CITY OF SAN BERNARDINO
AND TEDDY BEAR TYMES
This Contract is made and entered into this day of , 19_, by and
between San Bernardino County, hereinafter referred to as "COUNTY", and the City of San Bernardino,
hereinafter referred to as "CITY", and Teddy Bear Tymes, Inc., hereinafter referred to as "TBT'.
WHEREAS, COUNTY and CITY have entered into a contract with the United States of America
through its Department of Housing and Urban Development (HUD) to execute 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 Economic Development Agency, hereinafter referred to as "EDA", 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-
eight thousand five hundred dollars ($38,500) for various facility rehabilitation improvements at TBT facility;
and CITY has approved thirty-nine thousand dollars ($39,000) in CITY CDBG funding for these same facility
rehabilitation improvements; and,
WHEREAS, COUNTY, CITY and TBT recognize the public benefit in providing the TBT facility and
its related child care programs and services to the children of low-and moderate-income households in the San
Bernardino area; and,
WHEREAS, TBT currently maintains and operates said facility and program at the sole expense of
TBT; and,
and,
WHEREAS, title to the property is vested with COUNTY and property is currently leased to TBT;
WHEREAS, COUNTY, CITY and TBT desire to have COUNTY manage and direct the construction
of the 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:
I. PURPOSE OF CONTRACT
This Contract is made for the purpose of identifying the parties responsible for the construction,
maintenance and operation of the TBT child care facility located at 780 East Gilbert Street, Building #6,
San Bernardino, hereinafter referred to as "FACILITY".
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2.
SCOPE OF PROJECT
COUNTY shall construct rehabilitation improvements, hereinafter referred to as "IMPROVEMENTS",
to include the rehabilitation of Building 6 at the former County Medical Center to construct four (4)
ADA-compliant, handicapped-accessible pre-school classrooms.
Subject to funding availability, additional improvements may be included only after inclusion In a
written contract or change order to Contract between TBT, CITY and COUNTY.
TBT shall maintain and operate FACILITY for the purpose of providing child care services to youth
from low-and moderate-income households in the City of San Bernardino and the surrounding
communities of the Fifth Supervisorial District.
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 EDA 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 nol 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-eight thousand five hundred
dollars ($38,500) for the purpose of constructing IMPROVEMENTS to FACILITY. CITY shall provide
CITY CDBG funds in an aniount not to exceed thirty nine thousand dollars ($39,000) for the purpose of
constructing IMPROVEMENTS to FACILITY. Any costs to construct IMPROVEMENTS to
FACILITY in excess of the amounts available in this Section shall be the sole responsibility of TBT.
This condition however, does not preclude COUNTY and CITY from providing additional funding at
their sole discretion, subject to COUNTY Board of Supervisors and CITY Community Development
Commission approval.
5.
CONSTRUCTION MANAGEMENT
COUNTY, CITY and TBT agree COUNTY shall provide construction management services necessary
for the timely and successful completion of IMPROVEMENTS. Construction management services
shall be included as part of IMPROVEMENTS. 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.
6.
MAINTENANCE AND OPERATION
TBT shall have sole responsibility for the maintenance and operation of IMPROVEMENTS at the sole
expense of TBT for a period of not less than ten (IO) years beginning upon the date of completion of
FACILITY. COUNTY shall notify TBT and the City in writing of said date of completion of
F ACILITY. FACILITY shall be maintained and operated at all times for the purpose of providing child
care as identified in Section 2, Scope of Project, and in accordance with federal, state and local laws,
regulations and safety standards. TBT shall be responsible for completing and submitting to COUNTY
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and CITY any and all Public Facility Certification fonns provided by COUNTY and CITY 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 of HUD, will have the privilege and right to on-site inspection of the FACILITY for
the duration of this Contract. lET will ensure that its employees or agents furnish any infonnation, 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. CONTRACT COMPLIANCE
lET will take all necessary affinnative steps to assure that minority finns, women's business enterprises,
and Labor surplus Area Finns (a finn 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).
lET 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, County Policy II-IS, and
other applicable federal, state and COUNTY laws, regulations and policies relating to equal employment
and contracting opportunities, including laws and regulations hereafter enacted.
lET 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, TBT shall make every effort to employ residents of the San Bernardino area and shall keep a
report of TBT staff positions that have been created directly as a result of this Contract.
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 perfonnance of this Contract. This Contract is subject to and
incorporates the tenns of the ACT; 24 Code of Federal Regulations, Part 570, Chapter V and; U.S. Office
of Management and Budget Circular A-87.
10. TBT'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE
PROGRAM
TBT acknowledges that COUNTY has established a goal of ensuring that all individuals who benefit
financially from COUNTY through contract are in compliance with their court-ordered child, family and
spousal support obligations in order to mitigate the economic burden otherwise imposed upon COUNTY
and its taxpayers. As required by COUNTY'S Child Support Compliance Program (County Code Section
110.0101 et seq.) and without limiting lET'S duty under this Contract to comply with all applicable
provisions of law, lET warrants that it is now in compliance and shall during the term of this Contract
maintain compliance with employment and wage reporting requirements as required by the Federal
Social Security Act (42 USC Section 653a) and California Unemployment Insurance Code Section
1088.5, and shall implement all lawfully served Wage and Earnings Withholding Orders or District
Attorney Notices of Wage and Earnings Assignment for Child or Spousal Support Pursuant to Code of
Civil Procedure Section 706.031 and Family Code Section 5246 (b). Contractor hereby certifies that it
has submitted to the County a completed Principal Owner Infonnation (POI Fonn, Exhibit 3 of 4) and
Child Support Compliance Program Certification (CSCP Certification, Exhibit 4 of 4).
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TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTY'S
CffiLD SUPPORT COMPLIANCE PROGRAM
Failure of TBT to maintain compliance with the requirements set forth in the preceding paragraph shall
constitute a default by TBT under this Contract. Without limiting the rights and remedies available to
COUNTY under law or under any other provision of this Contract, failure to cure such default within
ninety (90) days of notice by the San Bernardino County District Attorney shall be grounds upon which
the County Board of Supervisors may terminate this Contract.
II. INDEMNIFICA nON
TBT 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 TBT 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. TBT
shall promptly notify COUNTY and CITY in writing of the occurrence of any such claims, actions,
losses, damages, and/or liability.
TBT shall indemnify and hold harmless COUNTY and CITY and their respective authorized officers,
employees, agents and volunteers from any liability, claims, losses, demands, and actions incurred by
COUNTY and CITY as a result of the determination by HOD or its successor that activities undertaken
by TBT under this Contract fail to comply with any laws, regulations or policies applicable thereto or
that any funds billed by and disbursed to TBT under this Contract were improperly expended.
INSURANCE REOUlREMENTS
Without in any way affecting the indemnity herein provided and in addition thereto, TBT shall secure
and maintain throughout the Contract the following types of insurance with limits as shown:
Workers' Comoensation - A program of Worker's Compensation insurance or a State-approved
Self Insurance Program in an amount and form to meet all applicable requirements of the Labor
Code of the State of California, including Employer's Liability with $250,000 limits, covering all
persons providing services on behalf of TBT and all risks to such persons under this Contract.
Comorehensive General and Automobile Liabilitv Insurance - This coverage to include
contractual coverage and automobile liability coverage for owned, hired, and non-owned
vehicles. The policy shall have combined single limits for bodily injury and property damage of
not less than one million dollars ($ I ,000,000).
Errors and Omissions Liabilitv 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, CITY, EDA and their officers, employees, agents, and volunteers as additional named
insured with respect to liabilities arising out of the performance of services hereunder.
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Waiver of Subrollation Rillhts - Except for Errors and Omissions and Professional Liability, TBT
shall require the carriers of the above required coverage to waive all rights of subrogation against
COUNTY, CITY and EDA, their officers, employees, agents, volunteers, contractors and
subcontractors.
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, CITY and EDA.
Proof of Coveralle - TBT shall immediately furnish certificates of insurance to ECD and EDA
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, CITY and EDA,
and TBT shall maintain such insurance from the time TBT commences performance of services
hereunder until the completion of such services. Within sixty (60) days of the commencement of
this Contract, TBT shall furnish certified copies of the policies and all endorsements. TBT shall
complete and submit Contract Exhibit I of 4, Insurance Inventory, along with the above required
insurance documents to ECD and EDA.
13. INSURANCE REVIEW
The above insurance requirements are subject to periodic review by COUNTY and CITY. The
COUNTY's Risk Managers and CITY's /EDA Contract Compliance Division, are authorized, but not
required, to reduce or waive any of the above insurance requirements whenever the Risk Managers and
EDA determine 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 Managers and EDA determine
that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits
become reasonably priced or available, the Risk Managers and EDA 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 COUNTY,
inflation, or any other item reasonably related to the COUNTY's 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.
TBT agrees to execute any such amendment within thirty (30) days of receipt.
14.
ADDITIONAL INSURANCE REOUIREMENTS
TBT shall, at its sole expense, obtain and deliver to COUNTY and CITY for their approval,
certification(s) or policy(s) of standard fire insurance with extended coverage and vandalism and
malicious mischief endorsements for the full replacement value of FACILITY. In the event of any
damage or destruction to FACILITY covered by the insurance, TBT shall use the entire insurance
proceeds to restore FACILITY. The insurance required under this section shall be maintained by TBT at
its sole expense for the term of this Contract. Said insurance shall contain endorsements providing that
the insurance company issuing the insurance will not cancel or reduce the insurance coverage without
thirty (30) days prior written notice to COUNTY, and CITY. TBT 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.
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15.
RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES
TBT 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.
16. 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 TBT.
17. ASSIGNMENT AND SUBLETTING
TBT 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 TBT 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 TBT, or if TBT is adjudged bankrupt or insolvent by any court or upon TBT making an
assignment for the benefit of creditors, COUNTY and CITY may, at its option, forthwith terminate this
Contract upon written notice thereof to TBT, and thereupon, no one but COUNTY and CITY shall have
any further rights hereunder.
18. HYPOTHECATION OF REAL PROPERTY
During the term of this Contract, neither TBT, 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 19, Violation of Contract, and any other provisions herein, TBT shall reimburse
COUNTY and CITY for the fair market value of FACILITY less any portion thereof attributable to
expenditures ofnon-CDBG funds for FACILITY, should TBT sell, hypothecate, mortgage or encumber
FACILITY without the written authorization of COUNTY and CITY during the term of this Contract.
19.
VIOLATION OF CONTRACT
In the event that TBT violates any of the terms and conditions of this Contract, COUNTY and CITY
shall give written notice of violation and demand for correction. If, within thirty (30) days from receipt
of written notice, TBT 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 TBT, TBT shall pay to COUNTY within ten (10) days of receipt of Notice of
Termination, the sum of thirty-eight thousand five hundred dollars ($38,500) and TBT shall pay to CITY
within ten (10) days of receipt or Notice of Termination, thirty-nine thousand dollars ($39,000). 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 installation of handicapped-accessible improvements
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shall be in addition to that contained herein. Such termination shall not excuse TBT from reimbursement
provisions in Section 18, Hypothecation of Real Property.
20. BENEFICIARY OUALIFICATION
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. HUD Section 8 Income Limits for the Riverside-San Bernardino RMSA, define
the maximum annual household gross income for low-and moderate-income households. TBT is
responsible for obtaining from COUNTY and CITY the said current applicableHUD Section 8 Income
Limits for each year of the Contract term identified in Section 3, 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. TBT shall document the household income of all BENEFICIARIES, by obtaining completed
copies of the "BENEFICIARY QUALIFICATION STATEMENT", Exhibit 2 of 4. TBT shall retain
these forms for three years (3) after conclusion of this Contract.
21. PROGRAM REPORTING
TBT agrees to prepare and submit financial, program progress, and other reports as required by HUD,
COUNTY or CITY directives. TBT shall maintain such property, personnel, financial and other records
and accounts as are considered necessary by HUD, COUNTY or CITY to assure proper accounting for
all Contract funds. All TBT records, with the exception of confidential client information, shall be made
available to representatives of COUNTY and CITY and the appropriate federal agencies. TBT is
required to submit data necessary to complete the Consolidated Plan Annual Performance Report in
accordance with HUD regulations in the format and at the time designated by the COUNTY ECD
Director and CITY EDA Director or his designee. TBT shall also provide the Monthly Direct Benefit
information included on this exhibit, as necessary for completion of the Consolidated Plan Annual
Performance Report.
22. TERMINATION BY COUNTY AND CITY
Notwithstanding Section 19, 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.
23. REVERSION OF ASSETS
All real property acquired or improved in whole or in part with CDBG funds in excess of $25,000 under
this Contract must continue in the use that provides the service benefits and national objectives for which
it was funded until five years after expiration of this Contract as set forth in 24 CFR 470, or such longer
period of time as determined by COUNTY 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.
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24. 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.
25. 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.
26. BINDING INTEREST
This Contract shall be binding on the parties, successors in interest, heirs and assigns.
27. 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
TEDDY BEAR TYMES
780 East Gilbert Street
San Bernardino, CA 92415-0935
CITY
City of San Bernardino
Economic Development Agency
Housing and Community Development
201 North "E" Street, Suite 301
San Bernardino, CA 92401
28. 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 and CITY or any of their respective officers, agents
or employees, or members of COUNTY Board of Supervisors or CITY Mayor and Common
Council shall not be liable to TBT 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 TBT or such
person by reason of such determination.
C.
0 D.
E.
F.
o
o
TBT 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.
Any major changes required by a competent government jurisdiction to the Contract which are
beyond the control ofTBT will make the Contract terms subject to renegotiation.
It is expressly understood and agreed that COUNTY and CITY do not, in any way nor for any
purpose, become a partner ofTBT, or ajoint venturer with TBT.
For purposes of Paragraph I 1 herein, the costs, salary and expenses of the County Counsel, City
Attorney and members of their respective offices in defending and/or enforcing this Contract
shall be considered as "costs or expenses".
o
o
o
IN WIINESS WHEREOF, the parties have caused this Contract to be executed as of the day and year
first written above.
COUNTY OF SAN BERNARDINO
By:
JON D. MIKELS, Chairman, Board of Supervisors
Date:
SIGNED AND CERTIFIED THAT A COPY OF
TInS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
EARLENE SPROAT
Clerk of the Board of Supervisors
of the County of San Bernardino
By:
APPROVED AS TO LEGAL FORM
ALAN K. MARKS
COUNTY COUNSEL
By:
Deputy County Counsel
Date:
MY DOCS199 AGREEENTSlCON MotO TEDDY BEAR.DOC
1114l99lDRPlbjj
lllZJMlDRMjj
CITY OF SAN BERNARDINO
By:
JUDITH V ALLES, Mayor
Date:
TEDDY BEAR TYMES, INC.
By:
REBECCA HOGGARTH, President
Board of Directors
Date:
APPROVED AS TO LEGAL FORM
)'1 ()'-~tZ, t, I"'~ 'i
EXHIBIT
of --.i....
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Case Number: : 300-22118/1 524
Name! Address of Contractor Aeencv:
Teddy Bear Tymes Child Care Center, Inc.
780 East Gilbert Street
San Bernardino, CA 92415-0935
Date of Issue:
.....1L Original: Beginning
Amendment #
INSURANCE INVENTORY
WORKERS' COMPENSA TIONIEMPLOYER'S LIABILITY INSURANCE
Name of Program
Effective Dates
Employer's Liability Limit $
Certificate of Insurance Attached _Yes
No: On File wI ECD
COMPREHENSIVE AND GENERAL AUTOMOBILE LIABILITY INSURANCE
Name of Contractor's General Insurance Company
Limits of Liabilitv
Effective Dates
Per Occurrence $ Additional Insured Endorsement Attached
Onnual Aggregate $ Certificate ofInsurance Attached
Name of Contractor's Automobile Liability Insurance Company
Yes _No: On File wI ECD
Yes _No: On File wI ECD
Limits of Liability
Per Person $
Effective Dates
Per Accident $
Damage Liability $
Combined Single Limit
ERRORS AND OMISSIONS LIABILITY INSURANCE
Name of Contractor's Insurance Company
Limits ofLiabilitv Effective Dates
Per Occurrence $
Annual Aggregate $
Additional Insured Endorsement Attached
Certificate of Insurance Attached
Yes _No: On File wI ECD
Yes _No: On File wI ECD
PROFESSIONAL LIABILITY INSURANCE
Name of Contractor's Insurance Company
Limits ofLiabilitv
Per Occurrence $
Onnual Aggregate $
Effective Dates
Additional Insured Endorsement Attached
Certificate of Insurance Attached
Yes _No: On File wI ECD
Yes _No: On File wI ECD
EXHIBIT 2
of ---.1
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
o
Proiect/Activity Title:
Child Care Facility Rehabilitation - Teddy Bear Tymes
Name/Address of Contractor Aeencv:
Teddy Bear Tymes Child Care Center, Inc.
780 East Gilbe" Street
San Bernardino, CA 924 I 5'0935 _ Amendment #
BENEFICIARY OUALIFICATlON STATEMENT
This form has the purpose of providing information needed to qualitY 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.
Case Number: 300-22118/1524
Date of Issue:
-1L Original: Beginning
Please answer eacb of tbe 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 penons are in your bousebold?
2. For this question a list of the 1999 LOW-INCOME and LOW-AND MODERATE-INCOME categories. are
presented below. Please calculate the combined I!TOSS 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 tban the LOW-INCOME
amount for tbe number of persons in your bousebold.
o
State, yes or no, if your combined gross annual income is equal to or less tban tbe LOW-AND
MODERATE-INCOME amount for tbe number ofpenons in your bousebold.
3.
LOW -INCOME
LOW-AND MODERATE-
INCOME (COMBINED)
Do you identitY yourself as:
_White _Black _Hispanic
1
$ 16,500
$ 26,450
Number of Persons in Your Household
2 3 4 5
$ 18,900 $ 2,1250 $ 23,600 $ 25,500
$ 30,200 $ 34.000 $37,750 $ 40,800
6
$ 27,400
$ 43.800
7
$ 29,250
$ 46.800
8
$31,150
$ 49,850
_American Indian/Alaskan Native
Asian/Pacific Islander
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.
ACKNOWLEDGMENT AND DISCLAIMER
I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MADE
ON THIS FORM ARE TRUE.
NAME:
ADDRESS:
DATE:
CITY:
ZIP:
SIGNATURE: PHONE:
O. . The information you provide OD this Conn is for Commumty Dcvc10pmeat Block Gnat (CDBG) program purposes only and will be kept confidential.
*Taken from 1999 Section 8 Low.Incomc and Very Low-Income Limits.
o
o
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EXHIBIT 3
of~
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Proiect! Activity Tit!e:
Child Care Facility Rehabilitation - Teddy Bear Tymes
Name/Address of Contractor A2encv:
Teddy Bear Tymes Child Care Center, Inc.
780 East Gilbert Street
San Bernardino, CA 92415-0935
Case Number: 300-22118/1524
Date of Issue:
-1L Original: Beginning
Amendment #
PRINCIPAL OWNER INFORMATION FORM
San Bernardino County Code Section 110.0101 et seq. contains the San Bernardino County Child Support Compliance
Program. This Program requires the County to provide certain information to the District Attorney concerning its employees
and business licenses. It further requires that bidders or proposers for County contracts provide, directly to the District
Attorney, information concerning their "Principle Owners," that is, those natural persons who own an interest of 10% or more
in the Contractor. For each "Principal Owner," the information which must be provided to the District Attorney is: I) the
Principal Owner's name; 2) his or her title, and; 3) whether or not the Contractor has made a payment of any sort to the
Principal Owner.
IN ORDER TO COMPLY WITH THIS REQUIREMENT, COMPLETE THIS FORM AND MAIL OR FAX IT
DIRECTLY TO THE DISTRICT ATTORNEY AT THE ADDRESS OR FAX NUMBER SHOWN BELOW ON OR
BEFORE THE DATE YOU SUBMIT A BID OR PROPOSAL TO A COUNTY DEPARTMENT.
MAINTAIN DOCUMENTATION OF SUBMISSION.
In addition, bidders or proposers must certify to the soliciting County department that they are in full compliance with the
Program requirements by submitting the Child Support Compliance Program Certification, along with the bid or proposal.
To:
District Attorney Child Support Division
Ombudsman Program
10417 Mountain View Avenue
Lorna Linda, CA 923S4-2030
FAX: (909) 478-7470
PHONE: (909) 478-7300
Contractor Name as Shown on Bid or Proposal:
Contractor Address:
Contractor Phone:
County Department Receiving Bid or Proposal:
Type of Goods or Services to be Provided:
Contract or Purchase Order Number (if applicable):
Fax:
Economic & Community DeveloDment DeDartment
Principal Owners: Please check appropriate box. If Box I is checked, no further information is required. Please sign and date
the form below.
I. No natural person owns an interest of 10% or more in this Contractor.
II. Required Principal Owner information is provided below. (Use a separate sheet, if necessary)
NAME OF PRINCIPAL OWNER
PAYMENT
RECEIVED FROM
CONTRACTOR
YES NO
TITLE
1.
2.
3.
I DECLARE UNDER PENALTY OF PERJURY, THAT THIS INFORMATION IS TRUE AND CORRECT.
By: Date:
(Signature of a Principal Owner, an OJfic~r, or Manoger respons/bkjOl' submission of the bid or PropoJal to the County).
Printed Name
Titlel Position
EXHiBIT --L of -.1
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Proiectl Activitv Title:
Child Care Facility Rehabilitation- Teddy Bear Tymes
&me! Address of Contractor Al!encv:
Teddy Bear Tymes Child Care Center, Inc.
780 East Gilbert Street
San Bernardino, CA 92415-0935
Case Number: 300-22118/1524
Date of Issue:
-1L Original: Beginning
_ Amendment #
Soliciting Department: Economic and Community DeveloDment DeDartment
Address: 290 North "D" Street. 6th Floor. San Bemardino. CA 92145-0040
Contact Name & Phone No.: Dave Prosch. ECD AnalYst (9091 388-0957
CHiLD SUPPORT COMPLIANCE PROGRAM CERTIFICATION
San Bemardino County Code Section 110.0101 et seq. contains the San Bemardino County Child Support Compliance
Program. This Program requires the County to provide certain information to the District Attomey conceming its employees
and business licenses. It further requires that bidders or proposers for County contracts submit certifications of Program
Compliance to the soliciting County department, along with their bids or proposals. (In an emergency procurement, as
determined by the soliciting County department, these certifications may be provided immediately following procurement).
IN ORDER TO COMPLY WITH THIS REQUiREMENT, COMPLETE THIS FORM AND SUBMIT iT DIRECTLY TO THE
SOLICiTiNG COUNTY DEPARTMENT, ALONG WITH YOUR BID OR PROPOSAL. iN ADDiTION , THE SOLICITING
DEPARTMENT WILL PROVIDE A COPY TO THE DISTRICT ATTORNEY AT THE ADDRESS OR FAX NUMBER SHOWN
BELOW.
I, (Print Nama) hereby certify that (contractor nama as shown on bid or proposaQ
o ' located at (contractor.. addrass)
is in compliance with San Bernardino
· · unty's Child Support Compliance Program and has met the following requirements:
1. Submitted a completed Principal Owner Information Form to the District Attomey, Child Support Division;
2. Fully complied with employment and wage reporting requirements (42 USC Section 653a and California Unemployment
Insurance Code Section 1088.5), and will continue to comply with such reporting requirements;
3. Fully complied with all lawfully-served Wage Earnings and Wrthholdings Orders or District Attorney Notices of Wage and
Earnings Assignment, [Code of Civil Procedure Section 706.031 and Family Code Section 5246(b)], and will continue to
comply with such Orders or Notices.
I declare under penalty of perjury, that the foregoing Is true and correct.
Executed this
day of
(Month & Year)
at
(City I State)
(Telephone Number)
By:
(Signature of a Principal Owner, and Officer, or Manager responsible for submission of the bid or proposal to the County).
Soliciting Dept Send
Copy to: District Attomey Child Support Division
Ombudsman Program
10417 Mountain View Avenue
Loma Linda, CA 92354-2030
FAX:
(909) 478-7470
(909) 478-7300
PHONE:
o