HomeMy WebLinkAbout2013-213 1 RESOLUTION NO. 2013-213
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING AND AUTHORIZING THE CITY MANAGER TO
3 EXECUTE THE CITYWIDE ELDERLY/SPECIAL NEEDS MINOR REPAIR GRANT
4 PROGRAM IMPLEMENTATION AGREEMENT BY AND BETWEEN THE CITY OF
SAN BERNARDINO AND OLDTIMERS FOUNDATION, INC., IN THE AMOUNT OF
5 $50,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
6 WHEREAS, the City of San Bernardino (the "City") is an entitlement jurisdiction and
7 annually receives certain federal funds under the United States Department of Housing and Urban
8 Development's ("HUD") HOME Investment Partnership Act ("HOME") and Community
9 Development Block Grant(CDBG)programs; and
10 WHEREAS, on May 3, 2010, the Mayor and Common Council adopted Resolution 2010-
11 100, approving the City's 2010-2015 Consolidated Plan; and
12 WHEREAS, on May 7, 2012, the Mayor and Common Council adopted Resolution 2012-
13 82, approving the 2012-2013 Action Plan that is required to guide and identify needs the City will
14 address incrementally for the 2010-2015 period; and
15 WHEREAS, on June 17, 2013, the Mayor and Common Council adopted Resolution 2013-
16 179, amending the City's 2010-2015 Consolidated Plan by allocating $50,000 of CDBG funds for
17 the Elderly/ Special Needs Minor Repair Program; and
18 WHEREAS, the Oldtimers Foundation, Inc., is a non- profit organization that provides
19 Elderly/ Special needs minor repair program and have provided the services in the City and County
20 for decades; and
21 WHEREAS, the Oldtimers Foundation, Inc., under terms of the Agreement will provide
22 repairs such as, but not limited to, plumbing, minor electrical repair, replacing of doors, screens and
23 window glasses; and
24 WHEREAS, in compliance with the California Environmental Quality Act ("CEQA") and
25 the National Environmental Protection Act ("NEPA") guidelines, the authorization and execution of
26 the this Agreement is determined to be an exempt from actions pursuant to Section 15332 of the
27 CEQA Guidelines and 24 CFR 58. 34(a)(3) of NEPA Guidelines because the propose action is
28 required for federal programs administration and compliance.
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1 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
2 COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS:
3 Section 1. The Mayor and Common Council hereby approves $50,000 in CDBG funds
4 for the Elderly/Special Needs Minor Repair Grant Program Implementation Agreement with the
5 Oldtimers Foundation, Inc, and authorizes the City Manager to execute an Agreement, attached
6 hereto as Exhibit A.
7 Section 2. The Mayor and Common Council finds and determines that authorization
8 and execution of the Agreement is exempt, pursuant to Section 15332 of the CEQA Guidelines and
9 24 CFR 58. 34(a)(3) of the NEPA Guidelines because the propose action is required for federal
10 programs administration and compliance.
11 Section 3. This Resolution shall take effect upon its adoption.
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2013-213
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1
BERNARDINO APPROVING AND AUTHORIZING THE CITY MANAGER TO
2 EXECUTE THE CITYWIDE ELDERLY/SPECIAL NEEDS MINOR REPAIR GRANT
PROGRAM IMPLEMENTATION AGREEMENT BY AND BETWEEN THE CITY OF
3 SAN BERNARDINO AND OLDTIMERS FOUNDATION, INC., IN THE AMOUNT OF
$50,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a joint regular meeting
7 thereof, held on the 15th day of July , 2013, by the following vote to wit:
8 Council Members: Ayes Nays Abstain Absent
9 MARQUEZ x
10 JENKINS x
11 VALDIVIA x
12 SHORETT x
13 KELLEY x
14 JOHNSON x
15 MCCAMMACK x
(4,re,
16 ,
17 /e(44,w
Georgea anna, Ci y Clerk
18 is It
The foregoing resolution is hereby approved this l''t. ..clay of July , 2013.
19
20 ''41116, o- ^
21 Patric I J. Morris, . or
1 y of San Bernardino
22
Approved as to Form:
23 JAMES F. PENMAN, City Attorney
24
25 By:
27
28
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EXHIBIT A
CONTRACTOR SERVICES AGREEMENT
MINOR GRANT REPAIR PROGRAM
(ELDERLY/SPECIAL NEEDS)
THIS CONTRACTOR SERVICES AGREEMENT MINOR GRANT REPAIR
PROGRAM (ELDERLY/SPECIAL NEEDS) (hereinafter the "Agreement") is dated as of the
15th day of July 2013, (the "Effective Date") by and between the City of San Bernardino, a
municipal corporation (hereinafter the "City"), and the Oldtimers Foundation, a California non-
profit corporation (hereinafter the "Contractor"). The City and the Contractor are sometimes
hereinafter individually referred to as "Party" and hereinafter collectively referred to as the
"Parties."
RECITALS
WHEREAS, the Parties desires to enter into an agreement entitled "Contractor Services
Agreement Minor Grant Repair Program (Elderly/Special Needs)" (the "2013 Agreement"),
dated as of the of July 2013 in which the Contractor, without limitation, agreed to
perform and to assume responsibility for the obligations of the affordable housing grant
administration and for the maintenance services described therein, subject to the terms,
covenants and conditions set forth therein; and
WHEREAS, the Parties intend to execute, to deliver and to perform the terms, the
covenants and the conditions of this Agreement, including, without limitation, the performance
by the Contractor of the services described in this Agreement and in Exhibit "1" attached hereto
and incorporated herein by this reference (collectively, the "Services"); and
WHEREAS, the City desires to execute a one (1) year agreement with the Contractor,
renewable annually for two (2) additional one (1) year extensions by the City in its sole
discretion and subject to the appropriation by the United States Department of Housing and
Urban Development ("HUD") through its Community Development Block Grant Program
("CDBG"); and
WHEREAS, the City intends to allocate an amount not to exceed the sum of Fifty
Thousand Dollars ($50,000) annually from the CDBG Fund in accordance with the terms, the
covenants and the conditions of this Agreement, which amount may be increased by the City in
the event the minimum number of required Grants is exceeded by the Contractor for any given
year; and
WHEREAS, the Services to be provided by Contractor are intended to benefit low-
income elderly and special needs owner-occupants of homes anywhere within the territorial
jurisdiction of the City of San Bernardino (the "City") with minor home repairs. The City shall
provide the funds necessary to the Contractor to provide the Services herein from its CDBG
Fund. For purposes of this Agreement, the words "elderly persons" or "senior citizen"mean and
refers to persons or households where at least one (1) resident member is at least sixty—two (62)
years of age as authorized by HUD . The words "low-income" mean and refer to the household
Exhibit "A"
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income limits established under HUD guidelines. The words "owner-occupied housing unit" or
"Owner-occupants of homes"refers to an owner-occupied housing unit as defined by HUD.
NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS MENTIONED
ABOVE, THE MUTUAL PROMISES OF THE CITY AND OF THE CONTRACTOR IN THIS
AGREEMENT AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE
RECEIPT AND SUFFICIENLY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE
CITY AND BY THE CONTRACTOR, THE CITY AND THE CONTRACTOR AGREE AS
FOLLOWS:
OPERATIVE PROVISIONS
SECTION I
ENGAGEMENT AND SERVICES OF THE CONTRACTOR
1. Engagement of Contractor
The City hereby engages the Contractor, subject to the terms, the covenants and the
conditions set forth in this Agreement, to perform the Services set forth in Exhibit "l."
The Contractor agrees to perform the Services in accordance with the terms, the
covenants and the conditions of this Agreement.
2. Performance of the Contractor and Warrant of Authority
The Contractor accepts the relationship of trust and confidence established between the
City and the Contractor by the terms of this Agreement. The Contractor covenants with
the City to furnish its best skill,judgment and efforts and to cooperate with the City and
with any other individual, contractor, subcontractor, or entity, whether or not contracted
for by the Contractor or by the City in the performance of the Services. The Contractor
covenants to use its best efforts to perform the duties and obligations of the Contractor
under this Agreement in an efficient, expeditious and economical manner, consistent with
the best interests of the City. Contractor represents and warrants to the City that the
Contractor has taken all corporate actions necessary to enter into this Agreement, to
perform and to be bound by this Agreement.
3. The Contractor's Personnel
The Contractor shall provide professional, competent and experienced workers,
administrative and management personnel to perform the Services.
4. The Contractor's Responsibilities for Costs and Expenses
The Contractor shall be responsible for all costs and expenses incurred by the Contractor
relative to and in connection with the performance of the Services, including, without
limitation, payment of salaries, workers compensation insurance coverage, fringe benefits
contributions, payroll taxes, withholding taxes and other taxes or levies, office overhead
Exhibit"A"
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expense, travel expenses, telephone and other telecommunication expenses, and
document reproduction expenses.
SECTION II
RESPONSIBILITIES OF THE CONTRACTOR
1. Personnel
The Services shall be performed by the Contractor under the direct supervision and
control of the Contractor. The Contractor represents to the City that the Contractor
possesses the professional and technical employees and personnel required to perform the
Services. The City retains the Contractor on an independent contractor basis and the
Contractor is not an employee of the City. The employees, personnel, contractors and/or
subcontractors performing the Services, or any part thereof, on behalf of the Contractor
shall at all times be under the Contractor's exclusive direction and control. The
Contractor shall pay all expenses including, without limitation, salaries, fringe benefit
contributions, payroll taxes, withholding taxes and other taxes or levies and all other
amounts due such employees, personnel, contractors or subcontractors or due any other
individual or entity (collectively, the "Performing Parties") as a result of the performance
by such Performing Parties, or any one of them, in connection with the performance of
the Services, or any part thereof, under this Agreement and, as required by one (1) or
more federal, state, municipal and/or local laws, statutes, codes, ordinances, regulations,
rules, or orders, as amended from time to time (collectively, the "Laws"), which shall
include, but not be limited to, Social Security taxes, income tax withholding,
unemployment insurance and workers compensation insurance.
2. Cooperation/Proiect Administration
Contractor shall work closely and cooperate fully with the City Manager, including his or
her designee (the "Project Administrator"), and any other agencies which may have
jurisdiction or interest in the Services. The Project Administrator will administer this
Agreement. The Project Administrator, including his or her designee, shall be the contact
person for the City for liaison with the Contractor, and shall review and give approval to
and for the Services as such Services are performed.
3. Project Manager
The Contractor shall designate and assign a project manager (the "Project Manager"),
who shall coordinate all phases of the Services herein. The Project Manager shall be
available to the City at all reasonable times. The Contractor designates Jessie Fuentes, as
its Project Manager.
4. Time of Performance
The Services to be performed by Contractor under and pursuant to this Agreement shall
be for a period of one (1) year, from June , 2013 through June 30, 2014 (the
Exhibit"A"
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"Completion Date"). The City Manager is authorized to extend the Completion Date for
up to two (2) additional one (1) year term extensions (singularly and collectively, the
"Term Extensions") after the Completion Date, subject to the approval by the City in its
sole discretion and subject to the availability of the CDBG Fund.
5. Report Materials
At the Completion Date, and annually thereafter for any one (1) year extension of this
Agreement as provided therein, the Contractor shall deliver to the City all instruments,
documents, agreements, data, studies, surveys, drawings, maps, models, photographs, and
reports prepared by the Contractor or prepared by others for the use and/or the benefit of
the Contractor or otherwise provided to the Contractor by the City or by others under this
Agreement (collectively, the "Report Materials"). The Report Materials shall be
considered the property of the City and shall be delivered to the City on the Completion
Date or earlier, if applicable, upon termination of the Agreement, or upon the termination
of any Term Extensions.
6. City Policy
The Contractor shall discuss and review all matters relating to the Services with the
Project Administrator upon request in order to ensure that the Services proceed in a
manner consistent with the goals and policies of the City and this Agreement.
7. Conformance to Applicable Requirements
The Services shall be performed by the Contractor, by all contractors and by all
subcontractors performing the Services, or any part thereof, in accordance with this
Agreement and all Laws, including, without limitation, the requirements of all governing
bodies that have jurisdiction over the Parties and/or over the Services, or any part thereof.
8. Indemnification
The Contractor agrees to indemnify, defend with legal counsel reasonably acceptable to
the City, protect and hold the City and their respective elected officials, directors,
officers, members, managers, consultants, contractors, employees, agents and attorneys,
and the successors and assigns of each of them (singularly and collectively, the
"Indemnified Parties" which defined term shall also include the City), harmless from and
against all actions, causes of action, claims, demands, liabilities, damages, losses,
liabilities, obligations, judgments, suits, costs, expenses and fees (including, without
limitation, reasonable attorneys' fees, court costs and expert fees of any nature
whatsoever), now or hereafter arising from or related to: (i) any act or omission of the
Contractor and/or of any of the Contractor's directors, officers, members, managers,
consultants, contractors, subcontractors, materialmen, laborers, any other person or entity
furnishing or supplying work, services, goods, or supplies in connection with the
performance of this Agreement, employees and agents, and the successors and/or assigns
of each of them (singularly and collectively, the "Indemnifying Parties" which defined
Exhibit"A"
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term shall also include the Contractor), in performing, or failing to perform, its
obligations hereunder, (ii) any default by the Contractor under this Agreement, subject to
any applicable cure period, (iii) any violation by any of the Indemnifying Parties of any
Laws, (iv) any warranty or representation made by the Contractor to the City in this
Agreement that is or becomes false and untrue, (v) death, bodily injury and/or personal
injury to any person, (vi) any destruction, loss or damage to real property or personal
property, (vii) the presence of any hazardous substances at, on, in, above, under or about
any home or structure where the Services are or were performed, in whole or in part,
directly or indirectly, from the acts or omissions of any Indemnifying Parties and/or (viii)
the aggravation of any environmental condition by any Indemnifying Parties at, on, in,
above, under or about the home or any structure where the Services are or were
performed, in whole or in part. Without limiting the Contractor's indemnification of the
Indemnified Parties, the Contractor shall provide and maintain, at its sole cost and
expense during the term of this Agreement, the insurance described in this Agreement.
Such insurance shall be provided by insurer(s) satisfactory to the City and evidence of
such insurance satisfactory to the City shall be delivered to the City Manager no later
than the Effective Date of this Agreement; provided, however, the Contractor shall not be
liable under this indemnification provision for any loss resulting from the sole negligent
acts or willful misconduct of the City.
9. Standard of Care; License
The Contractor represents and warrants to the City that the Contractor and the other
Performing Parties shall be fully qualified, shall comply with Agreement and are
authorized or permitted under all applicable Laws to perform the Services, and shall
perform the Services in a skillful and competent manner. The Contractor including the
other Performing Parties shall be responsible to the City for any errors or omissions in the
execution of the duties of the Contractor and/or of the other Performing Parties under this
Agreement and in the performance of the duties by the Contractor and/by the other
Performing Parties hereunder. The Contractor represents and warrants that the Contractor
and all other Performing Parties engaged in the performance of the Services, or any part
thereof, have all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice their respective profession. The Contractor further
represents and warrants that the Contractor and the other Performing Parties shall keep in
effect all such licenses, permits, and other approvals during the term of this Agreement.
10. Insurance
The Contractor shall obtain and keep in force during the term of this Agreement, at its sole
cost and expense, the following insurance policies: (i) a commercial general liability
policy of insurance with coverage at least as broad as "Insurance Services Office
Commercial General Liability Form (G0001)", in the amount of One Million Dollars
($1,000,000) combined single limit per occurrence, naming the City and the elected
officials, officers, employees, attorneys and agents of each of them as additional insureds
(collectively, the "Additional Insureds") with said insurance covering comprehensive
general liability including, but not limited to, contractual liability, assumed contractual
Exhibit"A"
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liability under this Agreement, acts of subcontractors, premises-operations, explosion,
collapse and underground hazards, if applicable, broad form property damage, and
personal injury including libel, slander and false arrest, (ii) comprehensive automobile
liability insurance covering owned, non-owned and hired vehicles by or for the
Contractor, combined single limit in the amount of One Million Dollars ($1,000,000) per
occurrence, naming the Additional Insureds as additional insureds on each automobile
insurance policy, (iii) workers' compensation insurance in such insurance coverage
amounts as statutorily required, or similar insurance in form and amounts required by law,
and employer's liability insurance, combined single limit in the amount of One Million
Dollars ($1,000,000), and (iv) errors and omissions and professional liability, combined
single limit in the amount of One Million Dollars ($1,000,000)per occurrence.
Any and all insurance policies required hereunder shall be obtained from insurance
companies admitted in the State of California and rated at least A: XII in the most current
Best's Key Rating Insurance Guide. In no event shall the Contractor be permitted or
entitled to assign to any third party rights of action which the Contractor may have against
the City. All said insurance policies shall provide that they may not be canceled unless
the City receive written notice of cancellation at least thirty (30) calendar days prior to the
effective date of cancellation. Any and all insurance obtained by the Contractor shall be
primary to and shall not be contributing with any insurance carried by the City whose
insurance shall be considered excess insurance only. Any insurance which the City may
otherwise carry, including self insurance, for all purposes of this Agreement shall be
separate and apart from the requirements of this Agreement. Legal counsel for the City
must approve each insurance policy required in this Agreement. The Contractor waives
subrogation and agrees that the Contractor, the City are co-insured. The insurer shall have
no right of subrogation against the City, or against any of the other Additional Insureds.
The Additional Insureds shall be named as additional insureds on each insurance policy.
All insurance which the Contractor shall carry or maintain pursuant to this Section shall
be in such form, for such amounts, for such periods of time as the City may require or
approve.
The Contractor shall deliver or cause to be delivered to the City concurrently upon the
execution of this Agreement an endorsement of the insurance policies required in this
Section evidencing the existence of the insurance coverage required by the City under this
Section and shall also deliver, no later than thirty(30) calendar days prior to the expiration
of any insurance policy, a certificate of insurance evidencing each renewal policy
covering the same risks.
The Contractor shall include all contracting and/or subcontracting consultants, if any, as
insured under the insurance policies of the Consultant or shall furnish separate certificates
and endorsements for each contractor and/or subcontractor. All coverage for each
contractor and/or subcontractor shall be subject to the requirements stated herein. The
City shall have the right to require the Contractor to provide additionally insurance
coverage, in such coverage amounts and with such deductibles as reasonably requested by
the City, at the sole cost and expense of the Contractor.
Exhibit"A"
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11. Prohibition Against Transfers,
a. The Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly by operations of law without the prior
written consent of the City. Any attempt to do so without the prior written consent of
the City shall be null and void, and any assignee, sub-lessee, hypothecate or
transferee shall acquire no right or interest by reason of such attempted assignment,
hypothecation, or transfer.
b. The sale, assignment, transfer, or other disposition of any of the issued and
outstanding capital stock of the Contractor, if the Contractor is a corporation or of the
interest of any general partner, interest of any member of a limited liability company,
joint venture or syndicate member or co-tenant of the Contractor, if the Contractor is
a partnership, limited liability company, a joint venture or a syndicate or a co-
tenancy, which shall result in changing the control of the Contractor, shall be deemed
an assignment of this Agreement. For purposes of this paragraph, "control" means
the ownership of fifty percent (50%) or more of the voting power of the corporation
of fifty percent (50%) or more of the voting power of a partnership, limited liability
company, joint venture, syndicate or co-tenancy.
12. Progress and Quarterly Reports
The Contractor is responsible to keep the Project Administrator his or her duly authorized
designee informed on a quarterly basis regarding the status and progress of the Services,
activities performed and planned, and any meetings that have been scheduled or are
desired relative to the Services or relative to this Agreement. The Contractor shall also
provide written monthly reports on the Services provided herein to the Project
Administrator. Such reports will include, but are not limited to, the names, the addresses,
the income, and the household size of all applicants obtaining assistance from the
Contractor and other demographic information as may be reasonably requested by the
Project Administrator in the form provided for in Exhibit "2" attached hereto and
incorporated herein by this reference. As promptly as feasible, following the Effective
Date, the Contractor shall prepare and deliver to the Project Administrator, from time to
time,the written listing of the applicants for the Services.
13. News Releases
No news releases, including photographs, public announcements, or confirmations of the
same, of any part of the subject matter of this Agreement or any phase of the Services
shall be made without prior written consent of the Project Administrator.
14. Scheduling
The Contractor shall schedule and coordinate the performance of the Services with the
Project Administrator. The Services hereunder shall be performed on an as-needed, first
Exhibit"A"
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come first serve basis, to all qualified homeowners except as otherwise required by the
City.
15. Deadlines/Richt to Contract
The Contractor's obligation hereunder is to perform and to complete the Services and to
meet any deadlines set forth therein as required by the City and in compliance with this
Agreement. The Contractor retains the right to contract for similar Services with any
other entity, public or private.
SECTION III
RESPONSIBILITIES OF THE CITY
1. Cooperation
The City and the Contractor shall cooperate with each other relative to the provisions and
implementation of the Services. The Contractor will exercise its best efforts to approve,
to complete, to process, to conduct and to finalize fifty (50) minor repair grants
(singularly, a"Grant" and collectively, the "Grants") for the elderly and/or for individuals
with special needs.
SECTION IV
COMPENSATION
1. Compensation
The City shall for the first year and for the Extension Terms, if any, compensate the
Contractor for the performance of the Services using the CDBG Fund in accordance with
the following schedule:
10%of the CDBG Fund disbursed Annual Program Administration Fee for
by the Contractor under this CONTRACTOR
Agreement not to exceed an annual
amount of$5,000
$45,000.00 Annual Minor Grant Repair Program (Elderly/Special
Needs)
$50,000
Notwithstanding the foregoing, in the event the Contractor exceeds fifty (50) Grants in
any given year, additional grant funds (the "Grant Funds") will need to be procured in
order to fund any additional Grants made by the Contractor under this Agreement. The
City will exercise its reasonable efforts to amend this Agreement, in writing, and to
obtain additional Grant Funds to fund additional Grants, in excess of fifty (50) Grants, by
Exhibit"A"
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the Contractor for that year. The City makes no warranty, no representation and no
covenant to the Contractor that the City will be able to obtain any additional Grant Funds
to fund any additional Grants under this Agreement.
2. Payment of Compensation
From and after the Effective Date of this Agreement and for the remaining one (1) year
term of this Agreement, subject to the Term Extensions by the City as provided for in this
Agreement, the Program Administration Fee payable by the City to the Contractor as
compensation for the Services performed by the Contractor under this Agreement shall be
paid by the City directly to the Contractor upon receipt by the City of a corrected invoice
and the CDBG Funds disbursement ledger (the "CDBG Funds Disbursement Ledger")
which shows all CDBG Fund payments authorized by the City and disbursed by the
Contractor to the architects, to the engineers, to the general contractors and/or to the
subcontractors under this Agreement for which the Contractor has not been paid by the
City. The Contractor may not invoice the City more than once per month for the CDBG
Fund disbursed by the Contractor under this Agreement and the City shall pay to the
Contractor the correct amount identified on the invoice within thirty (30) calendar days
after the receipt by the City of the following: (i) a corrected invoice, in the form provided
for in Exhibit "2" attached hereto and incorporated herein by this reference, (ii) the
CDBG Funds Disbursement Ledger, (iii) evidence satisfactory to the City of the number
of hours worked and the nature of the Services performed, and (iv) evidence satisfactory
to the City evidencing the number of households assisted monthly. The Program
Administration Fee shall be 10% of the CDBG Funds disbursed by the Contractor under
this Agreement and shall not exceed Five Thousand Dollars ($5,000), in the aggregate,
for the first year of this Agreement, and for the Term Extensions, if any, by the City, as
provided for in this Agreement.
3. Withholding
a. Disputed Sums: The City may withhold payment of any portion of the Program
Administration Fee if payment is disputed by the City until resolution of the dispute
with the Contractor. Such withholding by the City shall not be deemed to constitute a
failure to pay by the City. The Contractor shall not discontinue the performance of
the Services for a period of sixty (60) days from the date such payment is withheld
hereunder. The Contractor shall have an immediate right to appeal to the City
Manager with respect to withheld amounts, provided however, that any claim which
the Contractor may have against the City shall be submitted in writing within the
period of time allowed for the submission of claims against the City.
b. Retention: The City shall have the right to retain an amount equal to ten percent
(10%) of the payment (the "Retention") as invoiced by the Contractor until a period
of thirty (30) days following the Completion Date, or thirty (30) days after the
expiration of the Term Extensions, if any, as provided for and in accordance with this
Agreement, at which time the Retention shall be remitted by the City to the
Contractor; provided that no event of default may then exist. The City shall have the
Exhibit"A"
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right without further liability to the Contractor, to utilize the Retention to satisfy
obligations of the City relative to the Services in the event the Contractor does not
complete the Services in a manner that is satisfactory to the City and/or as required by
this Agreement.
SECTION V
EXPIRATION AND TERMINATION
1. Termination
a. Termination by Written Notice of City: City may, by written notice to the Contractor,
terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to the Contractor of such termination. In the event of
termination without cause, the Contractor shall be compensated for the work
performed up to that date of termination. Payment for work completed under this
Agreement to the date of termination shall be made strictly on the basis of work
actually completed by Contractor to the satisfaction of the City. In no event shall the
total compensation to the Contractor for the Services performed under this Agreement
exceed Five Thousand Dollars ($5,000), in the aggregate, for the first one (1) year
term of this Agreement, and for the Term Extensions, if any, by the City as provided
for in the Agreement. The Contractor shall be entitled to no further compensation
after the effective date of any termination of this Agreement.
b. Termination by Contractor: Contractor may not terminate this Agreement except for
cause.
c. Termination Upon Event of Default: In addition to any other available legal or
equitable rights or remedies, upon an Event of Default by the Contractor, the City
shall have the right to terminate this Agreement upon written notice to the Contractor.
Such termination shall be effective on the date that the notice of termination is given
pursuant to Section VI, paragraph 6 below.
2. Events of Default
Each of the following events shall constitute an"Event of Default":
a. The Contractor shall fail to observe, perform or comply with any material term,
covenant, agreement or condition of this Agreement which is to be observed,
performed, complied with by the Contractor, if such failure to continue uncured for
three (3) calendar days, after the City gives the Contractor notice of any failure, and
specified the nature of such failure.
b. The Contractor shall commit any fraud, misrepresentation, breach of fiduciary duty,
willful misconduct, or intentional or breach of any provision of this Agreement.
Exhibit"A"
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c. The Contractor make a representation or warranty in this Agreement that becomes
false or untrue.
3. Cooperation Upon Termination
If this Agreement is terminated in any manner provided for herein, the Contractor shall
provide to the City upon request by the City all unfinished or finished documents, data,
report, and/or drawings prepared by the Contractor for the providing of the Services, or
any part thereof, under this Agreement. Contractor further covenants to give good faith
cooperation in the transfer of work to any other architect, engineer, contractor,
subcontractor or other individual or entity designated by the City to complete the
provision of the Services, or any part thereof, following the termination of the Agreement
and to participate at no cost to the City in such meetings as may be deemed necessary by
the City to effectively accomplish the transfer.
4. Termination Date
In addition to paragraphs 1 and 2 of Section V, this Agreement shall terminate upon the
delivery of all documents required under Section 11.4 and either (i) the Completion Date,
or the expiration date of the Term Extensions, if any, as provided for and subject to this
Agreement, or (ii) full payment by the City to the Contractor of the Program
Administration Fee under this Agreement, provided however, that the indemnification
and the insurance provisions of this Agreement shall survive such termination date.
VI
GENERAL PROVISIONS
1. Nondiscrimination by the Contractor
During the Contractor's performance of the Services, the Contractor, its affiliates,
subsidiaries, or holding companies, shall not discriminate on the grounds of race,
religion, creed, color, national origin, age, ancestry, physical handicap, medical
condition, marital status, sex, or sexual orientation in the performance by the Contractor
of the Services, including, without limitation, in the selection and retention of any
applicants, employees, general contractors and subcontractors and the procurement of
materials and equipment, except as provided in Section 12940 of the California
Government Code. Such nondiscrimination shall include, but not be limited to, the
following: employment, upgrading, demotion, transfers, recruitment, recruitment
advertising, layoff, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
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Exhibit"A"
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2. City's Rights to Employ Other Contractors
The City reserves the right to employ other contractors and/or subcontractors in
connection with the performance and the completion of the Services, subject to the
written reasonable approval of the City.
3. Conflicts of Interest
a. The Contractor or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act"), which: (i) requires such persons to disclose
financial interests that may foreseeably be materially affected by the work performed
under this Agreement, and (ii)prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interests.
b. If the Contractor is subject to the Act, the Contractor shall conform to all
requirements of the Act. The failure by the Contractor to conform to all requirements
of the Act constitutes a material breach and is grounds for termination of this
Agreement by the City.
4. Subcontractor
The Contractor shall not subcontract any portion of the Services except as expressly
stated herein, without prior written consent of the City. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
5. Waiver
No waiver of any default shall constitute a waiver of any other breach or default, whether
of the same or any other covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by other Parties shall give the other any contractual right
by custom, estoppels, or otherwise.
6. Notices
All notices required hereunder shall be given in writing to the following addresses or
such other addresses as the parties may designate by written notice:
To the City: City of San Bernardino
300 North D Street, 6th Floor
San Bernardino, California 92418
Attn: City Manager
To the Contractor: Oldtimers Foundation
8572 Sierra Avenue
Fontana, California 92335
Attn: Administrator
Exhibit"A"
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Notice shall be deemed received as follows, depending upon the method of transmittal:
by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by
U.S. Mail, certified, return receipt requested, as of 72 hours after deposit in the U.S. Mail.
7. Authority to Enter Agreement
The Contractor is a non-profit community services organization duly organized, validly
existing in good standing under the laws of the State of California and will continue to be
so during the term of this Agreement. The Contractor has all requisite power and
authority to conduct its business and to execute and deliver, and to perform all of its
obligations under this Agreement. Each Party warrants that the individuals who have
signed this Agreement have the legal power, right and authority to enter into this
Agreement so as to bind each respective party to perform the conditions contemplated
herein.
8. Severability
If any portion of this Agreement is declared by a court of competent jurisdiction to be
invalid or unenforceable, the remaining provisions of this Agreement shall continue in
full force and effect.
9. Time is of the Essence
Time is of the essence in this Agreement, and all Parties agree to execute all documents
and to proceed with due diligence to complete all covenants and conditions set forth
herein.
10. Attorneys Fees and Costs
If any legal action or other proceeding is brought for the enforcement of this Agreement
or because of an alleged dispute, breach, default, or misrepresentation in connection with
an provisions of this Agreement, the successful or prevailing Party shall be entitled to
recover reasonable attorneys; fees and other court costs incurred in that action or
proceeding, in addition to any other relief to which it may be entitled. The costs, salary
and expenses of the City Attorney and members of his office in enforcing this Agreement
on behalf of the City shall be considered"attorney's fees" for the purpose of this Section.
11. Governing Law and Venue
This Agreement shall be construed in accordance with and governed by the laws of the
State of California. Any lawsuit brought to enforce this Agreement shall be brought in
the appropriate court in San Bernardino County, State of California.
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Exhibit"A"
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12. pan
Any term in this Agreement referencing time, days, or period for performance shall be
deemed to be calendar days and not workdays.
13. Entire Agreement
This Agreement contains the entire agreement of the City and the Contractor and
supersedes any prior or written statements or agreements between the City and the
Contractor. No supplement, modification, or amendment of this Agreement shall be
binding unless executed in writing by both Parties.
14. Binding on Assigns
Each and all of the covenants and conditions of this Agreement shall be binding on and
shall inure to the benefit of the successors and assigns of the respective parties.
15. Invalidity
The illegality of any provision of this Agreement shall not affect the remainder of this
Agreement.
16. Counterparts,
This Agreement may be signed in counterparts, each of which shall constitute an original
and which collectively shall constitute one instrument.
17. Captions
The captions of the various articles and paragraphs of this Agreement are for the
convenience and ease of reference only, and do not define, limit, augment, or describe the
scope, content, or intent of this Agreement or of any part or parts of this Agreement.
18. Construction
In all cases, the language in all parts of this Agreement shall be construed simply,
according to its fair meaning and not strictly for or against any Party, it being agreed that
the Parties or their agents have all participated in the preparation of this Agreement.
19. Cooperation/Further Acts
The Parties shall fully cooperate with one another in attaining the purposes of this
Agreement and, in connection therewith, shall take any such additional further acts and
steps and sign any such additional instruments, documents and/or agreements as may be
necessary, appropriate and convenient as related thereto.
Exhibit"A"
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20. Suspension of Work
Notwithstanding any other provision in this Agreement to the contrary, the Services
performed by the Contractor may be suspended by the City in whole or in part from time
to time, in any number of times, when determined by the City, in its sole discretion, that
suspension is necessary and in the interest of the City. The Contractor shall comply
immediately with any written order by the City suspending the Services. The Services
shall be suspended until receipt by the Contractor of a written Services commencement
order from the City. Further, and notwithstanding any other provision of this Agreement
to the contrary, any such suspension shall not relieve the Contractor of any of its
obligations under this Agreement. Further, and notwithstanding any other provisions of
this Agreement to the contrary, any such suspension shall be without any liability of the
City to the Contractor, and the Contractor shall not be entitled to any additional
compensation as a result of such suspension.
21. Incorporation of Recitals and Exhibits
a. The "Recitals" are true and correct, constitute a material part hereof, and are hereby
incorporated by reference herein as though fully set forth herein.
b. The Exhibit "1" and Exhibit "2"shall constitute a material part hereof, and are hereby
incorporated by reference herein as though fully set forth herein.
22. References
All references to the Contractor shall include all personnel, employees, agents,
contactors, and subcontractors of the Contractor, and the permitted successors and
assigns of the Contractor.
///
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///
///
///
///
Exhibit"A"
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CONTRACTOR SERVICES AGREEMENT
MINOR GRANT REPAIR PROGRAM
(ELDERLY/SPECIAL NEEDS)
IN WITNESS WHEREOF, the Parties hereto have accepted and made and executed this
Agreement upon the terms, conditions, and provisions set forth above as the Effective Date.
City of San Bernardino,
a municipal corporation
By:
Allen Parker,
City Manager
Approved as form:
JAMES F. PENMAN, City Attorney
By: eiL, �
Oldtimers Foundation,
a California non-profit corporation
By:
Name:
Title:
Exhibit"A"
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EXHIBIT 1
SCOPE OF SERVICES
CITY AND OLDTIMERS FOUNDATION AGREEMENT
ELDERLY/SPECIAL NEEDS MINOR HOME REPAIR GRANT PROGRAM
The Contractor shall provide minor home repair services to lower income senior citizen (as
defined in C below) homeowners within the City of San Bernardino in order to maintain the
existing affordable single-family housing stock through compliance with municipal health and
safety codes. The minor home repairs includes, but is not limited to the following:
A. ALLOWABLE REPAIRS
1. Plumbing& Heating
Repair/Replace: Tank and commode parts, faucet washers, showerheads, outside water
faucets, adjust lawn sprinkler heads.
Check/Maintain: Thermostats, swamp and water coolers (filters and motors replaced as
needed) kitchen & bathroom sinks for leaks, garbage disposals for foreign objects and
debris. Unclog sink, shower, bath, toilet and laundry drains, cover and uncover turbines,
water heater replacement, minor heating and cooling systems malfunctions.
2. Electrical
Repair and Replace: Switches, outlets, cartridge type fuses
Check and Maintain: Oven and range hood, fan and vents, bathroom vents for proper
operational functions, existing smoke detectors. Install smoke detectors.
3. CARPENTRY
Repair/Replace/Realign: Cabinet and door hinges, binding doors, damaged door
hardware, worn and damaged window or door screens, broken windows. Build and
install medical or handicapped ramps with handrails. Install hand-held bath or shower
rails. Floor joist and sheathing locations as needed.
4. GENERAL
Repair/Replace: Towel racks, shower curtain rods, soap and toilet tissue holders,
window glass and door replacement, damaged floor tiles. Patch minor roof leaks. Install
deadbolt or security locks on doors, windows, patio doors and windows. Install garage
door springs, carpet, medical and or handicapped ramps.
Exhibit"A"
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B. EXPENDITURES AND PROGRAM LIMITATIONS
City funds will be used to reimburse Contractor for services and repair costs incurred
under this Agreement. In no event shall the repair costs for any one single-family
housing unit exceed $1,000. The Contractor shall charge their expenses in accordance
with the hourly wage noted in Exhibit "2," Section 2. The Contractor shall be limited to
providing services to an eligible applicant not more than twice a year. Thereafter, an
Applicant may not apply for additional assistance until three (3) years following the date
of the last assistance. Contractor will schedule its own staff to make necessary repairs in
a timely manner. All work performed by Contractor shall be completed within 45 days
from date of commencement. The Contractor shall maintain accurate records for
inspection by the City of each applicant obtaining services by the Contractor. The
contractor will provide all services, materials, parts, and labor required for the
performance of the minor home repairs necessary to maintain decent, safe, and sanitary
residential units. Contractor shall submit monthly invoices with supporting
documentation of expenditures to be maintained in Contractor's files, and made available
to City upon request, and such invoices shall be billed consistent with Exhibit "2" of the
Agreement. The Contractor shall provide assistance to a minimum of 50 households per
year.
C. APPLICANT ELIGIBILITY REQUIREMENTS
1. An applicant must be an owner occupant for a minimum period of 1 year; on a case-by-
case basis, and depending on the circumstances, this requirement may be waived by the
Interim Executive Director of the City or his/her designee; Applicant must provide
evidence of ownership and length of residency.
2. Applicant must complete a Grant Application and meet the applicable income criteria
(Exhibit "1-A"). The applicant's annual income shall not exceed 80% of the median
income for San Bernardino County. The City shall provide the Contractor with the
income limits for the current year. Contractor is required to use Exhibit "1-A" attached
herein for all participants in the Program and to retain all applications in the possession of
the Contractor's file.
3. Applicant applying for the Program must be a senior, age 62 or above, or disabled,
handicapped, or a recipient of S.S.I.; on a case-by-case basis, depending on the
circumstances, this requirement may be waived by the Interim Executive Director of the
City or his/her designee.
The Contractor shall maintain accurate records for inspection by the City concerning income and
program eligibility of all persons obtaining assistance from the Contractor pursuant to this
Agreement.
Exhibit"A"
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EXHIBIT 1-A
City of San Bernardino OLDTIMERS FOUNDATION
SENIOR CITIZEN MINOR REPAIR PROGRAM APPLICATION —2013/2014 YEAR
Applicant's Name(Last,First,MI) Social Security Number
Applicant's Name(Last,First,MI) Applicant's Date of Birth-Age
Street Address Applicant's Phone Number
San Bernardino
City/Zip
Years at Residence: Number of Minor Children (If Applicable):
Household Size:
Head of Household: ❑ Male ❑ Female
List all persons living in residence other than ourself:
4 a u
1Y,
lµ r11 I l� Ill'i 1 N 1
ed
„C ,' 1 a BO & " d
game" Relationship Agze , tiial Vur� � � O}:!.
All income of all household occupants must be shown here. Applicant must attach proof of income and
ownership.
f M O, T HL1 HO USEHOLD INCOME 4
AFDC $ Social Security $ SSI/SSP
Disability Insurance $ Employment $ Food Stamps $
Unemployment Ins. $ Pension/Retirement $ Alimony $
Child Support $ Other/Real Property $
TOTAL ANNUAL
TOTAL MONTHLY INCOME: $ INCOME: $
Exhibit"A"
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Number of Persons Per Household
2013 Income Level 1 2 3 4 5 6 7 8+
Household Annual Income May Not Exceed:
Lower Income 80%I $35,700 $40,800 I $45,900 $50,950 I $55,050 $59,150 $63,200 I $67,300
Ethnicity: (Please check all that apply)
❑ Sr. Citizen(s) -62 or Older ❑ Female Head of Household ❑ Disabled One or More
❑ Black El Hispanic ❑ Other
❑ American Indian ❑ White ❑ Asian or Pacific Islander
I certify under penalty of perjury that the information provided above is correct to the best of my knowledge. I understand that the
inclusion of any willful misrepresentation on this form constitutes ground for rejection of this application and recapture of any
financial benefit I may have received. I authorize the Oldtimers Foundation to examine and verify any and all information provided
in this application.
Date:
Signature
Date:
Signature
Exhibit"A"
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EXHIBIT 2
CITY OF SAN BERNARDINO
REQUEST FOR MONTHLY REIMBURSEMENT
Agency/Organization: Oldtimers Foundation- Fed. ID#95-6126109
Address: 8572 Sierra Avenue, Fontana, CA 92335-3840
Reimbursement for the Month of: , 20 Invoice No.:
Amount of Reimbursement: a. Administration
b. Job Service—Labor from Exhibit 2
c. Job Service—Material and Supplies from Exhibit 2
Total
The undersigned hereby certifies that the expenditures identified on the attached "Budget
Summary Form" are true and correct, and that said expenditures were incurred and paid within
the month designated above in accordance with the agreement identified herein. Evidence of all
payments (bills and/or receipts and check copies) for each of the expenditures listed is attached
hereto.
(Authorized Signature)
(Type Name and Title)
(Date)
FOR OFFICE USE ONLY
Reviewed by:
Approved by:
1
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REIMBURSEMENT REQUEST
Budgeted Year to Date Balance
A. EXPENDITURES
Amount Current Month Cumulative Available
1. Wages-Administration
a. Administrator/Acct. A$16.83/hr.
b. Dispatcher A $9.50/hr
Fringe Benefits
a. Administrator/Accountant
b. Dispatcher
Wages and Fringes Subtotal
2. Consultant—Audit
3. Travel( miles aA$0.55)
4. Rent
5. Payroll Service
6.Vehicle Maintenance
7. Auto and Misc. Insurance
8. Cell Phone and Radio
Total Maximum Program
Administration Expense
(.15x$80,000)
9. Job Service/Wages
a. Working Foreman hrs. x$17.00
b. Maintenance Worker hrs. x$13.00
c. Material and Supplies
Fringe Benefits
a. Working Foreman
b. Maintenance Worker
Total Job Service/Labor
Total
10. Minimum Households Assisted Per
Year at a Maximum of$1600
B. #of Individuals Assisted Monthly #Female Head of Household:
T r .ate 1011 i 17 a
1. #Low Income Level ^r1r 1j� �Iti�m11 Iu1 � ° 4 id 11 11111
JtiiilYlrilh I�uVH 1)I +1�� F� 4" h�i4�71�'I M� j�hll'P iIN Iry" V.=
2. #Very Low Income Level r r 1 f .I11 1��q )ryM pp" i 4111
"t!tr ul / OP 'zr IN�° a-- i 1 II III r'11j11i ,OP :Ar
„1,t 1111111 1u�NlI I11� ''i pRC �Ilh,
Total(1+2=B) " 1h
Please attach supporting invoices and documentation.
2
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EXHIBIT A
CONTRACTOR SERVICES AGREEMENT
MINOR GRANT REPAIR PROGRAM
(ELDERLY/SPECIAL NEEDS)
THIS CONTRACTOR SERVICES AGREEMENT MINOR GRANT REPAIR
PROGRAM (ELDERLY/SPECIAL NEEDS) (hereinafter the "Agreement") is dated as of the
15th day of July 2013, (the "Effective Date") by and between the City of San Bernardino, a
municipal corporation (hereinafter the "City"), and the Oldtimers Foundation, a California non-
profit corporation (hereinafter the "Contractor"). The City and the Contractor are sometimes
hereinafter individually referred to as "Party" and hereinafter collectively referred to as the
"Parties."
RECITALS
WHEREAS, the Parties desires to enter into an agreement entitled "Contractor Services
Agreement Minor Grant Repair Program (Elderly/Special Needs)" (the "2013 Agreement"),
dated as of the 15th of July 2013 in which the Contractor, without limitation, agreed to
perform and to assume responsibility for the obligations of the affordable housing grant
administration and for the maintenance services described therein, subject to the terms,
covenants and conditions set forth therein; and
WHEREAS, the Parties intend to execute, to deliver and to perform the terms, the
covenants and the conditions of this Agreement, including, without limitation, the performance
by the Contractor of the services described in this Agreement and in Exhibit "1" attached hereto
and incorporated herein by this reference (collectively, the "Services"); and
WHEREAS, the City desires to execute a one (1) year agreement with the Contractor,
renewable annually for two (2) additional one (1) year extensions by the City in its sole
discretion and subject to the appropriation by the United States Department of Housing and
Urban Development ("HUD") through its Community Development Block Grant Program
("CDBG"); and
WHEREAS, the City intends to allocate an amount not to exceed the sum of Fifty
Thousand Dollars ($50,000) annually from the CDBG Fund in accordance with the terms, the
covenants and the conditions of this Agreement, which amount may be increased by the City in
the event the minimum number of required Grants is exceeded by the Contractor for any given
year; and
WHEREAS, the Services to be provided by Contractor are intended to benefit low-
income elderly and special needs owner-occupants of homes anywhere within the territorial
jurisdiction of the City of San Bernardino (the "City") with minor home repairs. The City shall
provide the funds necessary to the Contractor to provide the Services herein from its CDBG
Fund. For purposes of this Agreement, the words "elderly persons" or "senior citizen" mean and
refers to persons or households where at least one (1) resident member is at least sixty—two (62)
years of age as authorized by HUD . The words "low-income" mean and refer to the household
Exhibit"A"
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income limits established under HUD guidelines. The words "owner-occupied housing unit" or
"Owner-occupants of homes" refers to an owner-occupied housing unit as defined by HUD.
NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS MENTIONED
ABOVE, THE MUTUAL PROMISES OF THE CITY AND OF THE CONTRACTOR IN THIS
AGREEMENT AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE
RECEIPT AND SUFFICIENLY OF WHICH ARE HEREBY ACKNOWLEDGED BY THE
CITY AND BY THE CONTRACTOR, THE CITY AND THE CONTRACTOR AGREE AS
FOLLOWS:
OPERATIVE PROVISIONS
SECTION I
ENGAGEMENT AND SERVICES OF THE CONTRACTOR
1. Engagement of Contractor
The City hereby engages the Contractor, subject to the terms, the covenants and the
conditions set forth in this Agreement, to perform the Services set forth in Exhibit "1."
The Contractor agrees to perform the Services in accordance with the terms, the
covenants and the conditions of this Agreement.
2. Performance of the Contractor and Warrant of Authority
The Contractor accepts the relationship of trust and confidence established between the
City and the Contractor by the terms of this Agreement. The Contractor covenants with
the City to furnish its best skill,judgment and efforts and to cooperate with the City and
with any other individual, contractor, subcontractor, or entity, whether or not contracted
for by the Contractor or by the City in the performance of the Services. The Contractor
covenants to use its best efforts to perform the duties and obligations of the Contractor
under this Agreement in an efficient, expeditious and economical manner, consistent with
the best interests of the City. Contractor represents and warrants to the City that the
Contractor has taken all corporate actions necessary to enter into this Agreement, to
perform and to be bound by this Agreement.
3. The Contractor's Personnel
The Contractor shall provide professional, competent and experienced workers,
administrative and management personnel to perform the Services.
4. The Contractor's Responsibilities for Costs and Expenses
The Contractor shall be responsible for all costs and expenses incurred by the Contractor
relative to and in connection with the performance of the Services, including, without
limitation, payment of salaries, workers compensation insurance coverage, fringe benefits
contributions, payroll taxes, withholding taxes and other taxes or levies, office overhead
Exhibit"A"
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•
expense, travel expenses, telephone and other telecommunication expenses, and
document reproduction expenses.
SECTION II
RESPONSIBILITIES OF THE CONTRACTOR
1. Personnel
The Services shall be performed by the Contractor under the direct supervision and
control of the Contractor. The Contractor represents to the City that the Contractor
possesses the professional and technical employees and personnel required to perform the
Services. The City retains the Contractor on an independent contractor basis and the
Contractor is not an employee of the City. The employees, personnel, contractors and/or
subcontractors performing the Services, or any part thereof, on behalf of the Contractor
shall at all times be under the Contractor's exclusive direction and control. The
Contractor shall pay all expenses including, without limitation, salaries, fringe benefit
contributions, payroll taxes, withholding taxes and other taxes or levies and all other
amounts due such employees, personnel, contractors or subcontractors or due any other
individual or entity (collectively, the "Performing Parties") as a result of the performance
by such Performing Parties, or any one of them, in connection with the performance of
the Services, or any part thereof, under this Agreement and, as required by one (1) or
more federal, state, municipal and/or local laws, statutes, codes, ordinances, regulations,
rules, or orders, as amended from time to time (collectively, the "Laws"), which shall
include, but not be limited to, Social Security taxes, income tax withholding,
unemployment insurance and workers compensation insurance.
2. Cooperation/Project Administration
Contractor shall work closely and cooperate fully with the City Manager, including his or
her designee (the "Project Administrator"), and any other agencies which may have
jurisdiction or interest in the Services. The Project Administrator will administer this
Agreement. The Project Administrator, including his or her designee, shall be the contact
person for the City for liaison with the Contractor, and shall review and give approval to
and for the Services as such Services are performed.
3. Project Manager
The Contractor shall designate and assign a project manager (the "Project Manager"),
who shall coordinate all phases of the Services herein. The Project Manager shall be
available to the City at all reasonable times. The Contractor designates Jessie Fuentes, as
its Project Manager.
4. Time of Performance
The Services to be performed by Contractor under and pursuant to this Agreement shall
be for a period of one (1) year, from June , 2013 through June 30, 2014 (the
Exhibit"A"
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"Completion Date"). The City Manager is authorized to extend the Completion Date for
up to two (2) additional one (1) year term extensions (singularly and collectively, the
"Term Extensions") after the Completion Date, subject to the approval by the City in its
sole discretion and subject to the availability of the CDBG Fund.
5. Report Materials
At the Completion Date, and annually thereafter for any one (1) year extension of this
Agreement as provided therein, the Contractor shall deliver to the City all instruments,
documents, agreements, data, studies, surveys, drawings, maps, models, photographs, and
reports prepared by the Contractor or prepared by others for the use and/or the benefit of
the Contractor or otherwise provided to the Contractor by the City or by others under this
Agreement (collectively, the "Report Materials"). The Report Materials shall be
considered the property of the City and shall be delivered to the City on the Completion
Date or earlier, if applicable, upon termination of the Agreement, or upon the termination
of any Term Extensions.
6. City Policy
The Contractor shall discuss and review all matters relating to the Services with the
Project Administrator upon request in order to ensure that the Services proceed in a
manner consistent with the goals and policies of the City and this Agreement.
7. Conformance to Applicable Requirements
The Services shall be performed by the Contractor, by all contractors and by all
subcontractors performing the Services, or any part thereof, in accordance with this
Agreement and all Laws, including, without limitation, the requirements of all governing
bodies that have jurisdiction over the Parties and/or over the Services, or any part thereof.
8. Indemnification
The Contractor agrees to indemnify, defend with legal counsel reasonably acceptable to
the City, protect and hold the City and their respective elected officials, directors,
officers, members, managers, consultants, contractors, employees, agents and attorneys,
and the successors and assigns of each of them (singularly and collectively, the
"Indemnified Parties" which defined term shall also include the City), harmless from and
against all actions, causes of action, claims, demands, liabilities, damages, losses,
liabilities, obligations, judgments, suits, costs, expenses and fees (including, without
limitation, reasonable attorneys' fees, court costs and expert fees of any nature
whatsoever), now or hereafter arising from or related to: (i) any act or omission of the
Contractor and/or of any of the Contractor's directors, officers, members, managers,
consultants, contractors, subcontractors, materialmen, laborers, any other person or entity
furnishing or supplying work, services, goods, or supplies in connection with the
performance of this Agreement, employees and agents, and the successors and/or assigns
of each of them (singularly and collectively, the "Indemnifying Parties" which defined
Exhibit"A"
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term shall also include the Contractor), in performing, or failing to perform, its
obligations hereunder, (ii) any default by the Contractor under this Agreement, subject to
any applicable cure period, (iii) any violation by any of the Indemnifying Parties of any
Laws, (iv) any warranty or representation made by the Contractor to the City in this
Agreement that is or becomes false and untrue, (v) death, bodily injury and/or personal
injury to any person, (vi) any destruction, loss or damage to real property or personal
property, (vii) the presence of any hazardous substances at, on, in, above, under or about
any home or structure where the Services are or were performed, in whole or in part,
directly or indirectly, from the acts or omissions of any Indemnifying Parties and/or (viii)
the aggravation of any environmental condition by any Indemnifying Parties at, on, in,
above, under or about the home or any structure where the Services are or were
performed, in whole or in part. Without limiting the Contractor's indemnification of the
Indemnified Parties, the Contractor shall provide and maintain, at its sole cost and
expense during the term of this Agreement, the insurance described in this Agreement.
Such insurance shall be provided by insurer(s) satisfactory to the City and evidence of
such insurance satisfactory to the City shall be delivered to the City Manager no later
than the Effective Date of this Agreement; provided, however, the Contractor shall not be
liable under this indemnification provision for any loss resulting from the sole negligent
acts or willful misconduct of the City.
9. Standard of Care; License
The Contractor represents and warrants to the City that the Contractor and the other
Performing Parties shall be fully qualified, shall comply with Agreement and are
authorized or permitted under all applicable Laws to perform the Services, and shall
perform the Services in a skillful and competent manner. The Contractor including the
other Performing Parties shall be responsible to the City for any errors or omissions in the
execution of the duties of the Contractor and/or of the other Performing Parties under this
Agreement and in the performance of the duties by the Contractor and/by the other
Performing Parties hereunder. The Contractor represents and warrants that the Contractor
and all other Performing Parties engaged in the performance of the Services, or any part
thereof, have all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice their respective profession. The Contractor further
represents and warrants that the Contractor and the other Performing Parties shall keep in
effect all such licenses, permits, and other approvals during the term of this Agreement.
10. Insurance
The Contractor shall obtain and keep in force during the term of this Agreement, at its sole
cost and expense, the following insurance policies: (i) a commercial general liability
policy of insurance with coverage at least as broad as "Insurance Services Office
Commercial General Liability Form (G0001)", in the amount of One Million Dollars
($1,000,000) combined single limit per occurrence, naming the City and the elected
officials, officers, employees, attorneys and agents of each of them as additional insureds
(collectively, the "Additional Insureds") with said insurance covering comprehensive
general liability including, but not limited to, contractual liability, assumed contractual
Exhibit"A"
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2013-213
liability under this Agreement, acts of subcontractors, premises-operations, explosion,
collapse and underground hazards, if applicable, broad form property damage, and
personal injury including libel, slander and false arrest, (ii) comprehensive automobile
liability insurance covering owned, non-owned and hired vehicles by or for the
Contractor, combined single limit in the amount of One Million Dollars ($1,000,000) per
occurrence, naming the Additional Insureds as additional insureds on each automobile
insurance policy, (iii) workers' compensation insurance in such insurance coverage
amounts as statutorily required, or similar insurance in form and amounts required by law,
and employer's liability insurance, combined single limit in the amount of One Million
Dollars ($1,000,000), and (iv) errors and omissions and professional liability, combined
single limit in the amount of One Million Dollars ($1,000,000)per occurrence.
Any and all insurance policies required hereunder shall be obtained from insurance
companies admitted in the State of California and rated at least A: XII in the most current
Best's Key Rating Insurance Guide. In no event shall the Contractor be permitted or
entitled to assign to any third party rights of action which the Contractor may have against
the City. All said insurance policies shall provide that they may not be canceled unless
the City receive written notice of cancellation at least thirty (30) calendar days prior to the
effective date of cancellation. Any and all insurance obtained by the Contractor shall be
primary to and shall not be contributing with any insurance carried by the City whose
insurance shall be considered excess insurance only. Any insurance which the City may
otherwise carry, including self insurance, for all purposes of this Agreement shall be
separate and apart from the requirements of this Agreement. Legal counsel for the City
must approve each insurance policy required in this Agreement. The Contractor waives
subrogation and agrees that the Contractor, the City are co-insured. The insurer shall have
no right of subrogation against the City, or against any of the other Additional Insureds.
The Additional Insureds shall be named as additional insureds on each insurance policy.
All insurance which the Contractor shall carry or maintain pursuant to this Section shall
be in such form, for such amounts, for such periods of time as the City may require or
approve.
The Contractor shall deliver or cause to be delivered to the City concurrently upon the
execution of this Agreement an endorsement of the insurance policies required in this
Section evidencing the existence of the insurance coverage required by the City under this
Section and shall also deliver, no later than thirty (30) calendar days prior to the expiration
of any insurance policy, a certificate of insurance evidencing each renewal policy
covering the same risks.
The Contractor shall include all contracting and/or subcontracting consultants, if any, as
insured under the insurance policies of the Consultant or shall furnish separate certificates
and endorsements for each contractor and/or subcontractor. All coverage for each
contractor and/or subcontractor shall be subject to the requirements stated herein. The
City shall have the right to require the Contractor to provide additionally insurance
coverage, in such coverage amounts and with such deductibles as reasonably requested by
the City, at the sole cost and expense of the Contractor.
Exhibit"A"
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11. Prohibition Against Transfers
a. The Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly by operations of law without the prior
written consent of the City. Any attempt to do so without the prior written consent of
the City shall be null and void, and any assignee, sub-lessee, hypothecate or
transferee shall acquire no right or interest by reason of such attempted assignment,
hypothecation, or transfer.
b. The sale, assignment, transfer, or other disposition of any of the issued and
outstanding capital stock of the Contractor, if the Contractor is a corporation or of the
interest of any general partner, interest of any member of a limited liability company,
joint venture or syndicate member or co-tenant of the Contractor, if the Contractor is
a partnership, limited liability company, a joint venture or a syndicate or a co-
tenancy, which shall result in changing the control of the Contractor, shall be deemed
an assignment of this Agreement. For purposes of this paragraph, "control" means
the ownership of fifty percent (50%) or more of the voting power of the corporation
of fifty percent (50%) or more of the voting power of a partnership, limited liability
company, joint venture, syndicate or co-tenancy.
12. Progress and Quarterly Reports
The Contractor is responsible to keep the Project Administrator his or her duly authorized
designee informed on a quarterly basis regarding the status and progress of the Services,
activities performed and planned, and any meetings that have been scheduled or are
desired relative to the Services or relative to this Agreement. The Contractor shall also
provide written monthly reports on the Services provided herein to the Project
Administrator. Such reports will include, but are not limited to, the names, the addresses,
the income, and the household size of all applicants obtaining assistance from the
Contractor and other demographic information as may be reasonably requested by the
Project Administrator in the form provided for in Exhibit "2" attached hereto and
incorporated herein by this reference. As promptly as feasible, following the Effective
Date, the Contractor shall prepare and deliver to the Project Administrator, from time to
time, the written listing of the applicants for the Services.
13. News Releases
No news releases, including photographs, public announcements, or confirmations of the
same, of any part of the subject matter of this Agreement or any phase of the Services
shall be made without prior written consent of the Project Administrator.
14. Scheduling
The Contractor shall schedule and coordinate the performance of the Services with the
Project Administrator. The Services hereunder shall be performed on an as-needed, first
Exhibit"A"
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come first serve basis, to all qualified homeowners except as otherwise required by the
City.
15. Deadlines/Ri2ht to Contract
The Contractor's obligation hereunder is to perform and to complete the Services and to
meet any deadlines set forth therein as required by the City and in compliance with this
Agreement. The Contractor retains the right to contract for similar Services with any
other entity, public or private.
SECTION III
RESPONSIBILITIES OF THE CITY
1. Cooperation
The City and the Contractor shall cooperate with each other relative to the provisions and
implementation of the Services. The Contractor will exercise its best efforts to approve,
to complete, to process, to conduct and to finalize fifty (50) minor repair grants
(singularly, a"Grant" and collectively, the "Grants") for the elderly and/or for individuals
with special needs.
SECTION IV
COMPENSATION
1. Compensation
The City shall for the first year and for the Extension Terms, if any, compensate the
Contractor for the performance of the Services using the CDBG Fund in accordance with
the following schedule:
10% of the CDBG Fund disbursed Annual Program Administration Fee for
by the Contractor under this CONTRACTOR
Agreement not to exceed an annual
amount of$5,000
$45,000.00 Annual Minor Grant Repair Program(Elderly/Special
Needs)
$50,000
Notwithstanding the foregoing, in the event the Contractor exceeds fifty (50) Grants in
any given year, additional grant funds (the "Grant Funds") will need to be procured in
order to fund any additional Grants made by the Contractor under this Agreement. The
City will exercise its reasonable efforts to amend this Agreement, in writing, and to
obtain additional Grant Funds to fund additional Grants, in excess of fifty (50) Grants, by
Exhibit"A"
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the Contractor for that year. The City makes no warranty, no representation and no
covenant to the Contractor that the City will be able to obtain any additional Grant Funds
to fund any additional Grants under this Agreement.
2. Payment of Compensation
From and after the Effective Date of this Agreement and for the remaining one (1) year
term of this Agreement, subject to the Term Extensions by the City as provided for in this
Agreement, the Program Administration Fee payable by the City to the Contractor as
compensation for the Services performed by the Contractor under this Agreement shall be
paid by the City directly to the Contractor upon receipt by the City of a corrected invoice
and the CDBG Funds disbursement ledger (the "CDBG Funds Disbursement Ledger")
which shows all CDBG Fund payments authorized by the City and disbursed by the
Contractor to the architects, to the engineers, to the general contractors and/or to the
subcontractors under this Agreement for which the Contractor has not been paid by the
City. The Contractor may not invoice the City more than once per month for the CDBG
Fund disbursed by the Contractor under this Agreement and the City shall pay to the
Contractor the correct amount identified on the invoice within thirty (30) calendar days
after the receipt by the City of the following: (i) a corrected invoice, in the form provided
for in Exhibit "2" attached hereto and incorporated herein by this reference, (ii) the
CDBG Funds Disbursement Ledger, (iii) evidence satisfactory to the City of the number
of hours worked and the nature of the Services performed, and (iv) evidence satisfactory
to the City evidencing the number of households assisted monthly. The Program
Administration Fee shall be 10% of the CDBG Funds disbursed by the Contractor under
this Agreement and shall not exceed Five Thousand Dollars ($5,000), in the aggregate,
for the first year of this Agreement, and for the Term Extensions, if any, by the City, as
provided for in this Agreement.
3. Withholding
a. Disputed Sums: The City may withhold payment of any portion of the Program
Administration Fee if payment is disputed by the City until resolution of the dispute
with the Contractor. Such withholding by the City shall not be deemed to constitute a
failure to pay by the City. The Contractor shall not discontinue the performance of
the Services for a period of sixty (60) days from the date such payment is withheld
hereunder. The Contractor shall have an immediate right to appeal to the City
Manager with respect to withheld amounts, provided however, that any claim which
the Contractor may have against the City shall be submitted in writing within the
period of time allowed for the submission of claims against the City.
b. Retention: The City shall have the right to retain an amount equal to ten percent
(10%) of the payment (the "Retention") as invoiced by the Contractor until a period
of thirty (30) days following the Completion Date, or thirty (30) days after the
expiration of the Term Extensions, if any, as provided for and in accordance with this
Agreement, at which time the Retention shall be remitted by the City to the
Contractor; provided that no event of default may then exist. The City shall have the
Exhibit"A"
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right without further liability to the Contractor, to utilize the Retention to satisfy
obligations of the City relative to the Services in the event the Contractor does not
complete the Services in a manner that is satisfactory to the City and/or as required by
this Agreement.
SECTION V
EXPIRATION AND TERMINATION
1. Termination
a. Termination by Written Notice of City: City may, by written notice to the Contractor,
terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to the Contractor of such termination. In the event of
termination without cause, the Contractor shall be compensated for the work
performed up to that date of termination. Payment for work completed under this
Agreement to the date of termination shall be made strictly on the basis of work
actually completed by Contractor to the satisfaction of the City. In no event shall the
total compensation to the Contractor for the Services performed under this Agreement
exceed Five Thousand Dollars ($5,000), in the aggregate, for the first one (1) year
term of this Agreement, and for the Term Extensions, if any, by the City as provided
for in the Agreement. The Contractor shall be entitled to no further compensation
after the effective date of any termination of this Agreement.
b. Termination by Contractor: Contractor may not terminate this Agreement except for
cause.
c. Termination Upon Event of Default: In addition to any other available legal or
equitable rights or remedies, upon an Event of Default by the Contractor, the City
shall have the right to terminate this Agreement upon written notice to the Contractor.
Such termination shall be effective on the date that the notice of termination is given
pursuant to Section VI, paragraph 6 below.
2. Events of Default
Each of the following events shall constitute an"Event of Default":
a. The Contractor shall fail to observe, perform or comply with any material term,
covenant, agreement or condition of this Agreement which is to be observed,
performed, complied with by the Contractor, if such failure to continue uncured for
three (3) calendar days, after the City gives the Contractor notice of any failure, and
specified the nature of such failure.
b. The Contractor shall commit any fraud, misrepresentation, breach of fiduciary duty,
willful misconduct, or intentional or breach of any provision of this Agreement.
Exhibit"A"
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c. The Contractor make a representation or warranty in this Agreement that becomes
false or untrue.
3. Cooperation Upon Termination
If this Agreement is terminated in any manner provided for herein, the Contractor shall
provide to the City upon request by the City all unfinished or finished documents, data,
report, and/or drawings prepared by the Contractor for the providing of the Services, or
any part thereof, under this Agreement. Contractor further covenants to give good faith
cooperation in the transfer of work to any other architect, engineer, contractor,
subcontractor or other individual or entity designated by the City to complete the
provision of the Services, or any part thereof, following the termination of the Agreement
and to participate at no cost to the City in such meetings as may be deemed necessary by
the City to effectively accomplish the transfer.
4. Termination Date
In addition to paragraphs 1 and 2 of Section V, this Agreement shall terminate upon the
delivery of all documents required under Section 1I.4 and either (i) the Completion Date,
or the expiration date of the Term Extensions, if any, as provided for and subject to this
Agreement, or (ii) full payment by the City to the Contractor of the Program
Administration Fee under this Agreement, provided however, that the indemnification
and the insurance provisions of this Agreement shall survive such termination date.
VI
GENERAL PROVISIONS
1. Nondiscrimination by the Contractor
During the Contractor's performance of the Services, the Contractor, its affiliates,
subsidiaries, or holding companies, shall not discriminate on the grounds of race,
religion, creed, color, national origin, age, ancestry, physical handicap, medical
condition, marital status, sex, or sexual orientation in the performance by the Contractor
of the Services, including, without limitation, in the selection and retention of any
applicants, employees, general contractors and subcontractors and the procurement of
materials and equipment, except as provided in Section 12940 of the California
Government Code. Such nondiscrimination shall include, but not be limited to, the
following: employment, upgrading, demotion, transfers, recruitment, recruitment
advertising, layoff, termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
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Exhibit"A"
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2. City's Rights to Employ Other Contractors
The City reserves the right to employ other contractors and/or subcontractors in
connection with the performance and the completion of the Services, subject to the
written reasonable approval of the City.
3. Conflicts of Interest
a. The Contractor or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act"), which: (i) requires such persons to disclose
financial interests that may foreseeably be materially affected by the work performed
under this Agreement, and (ii)prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interests.
b. If the Contractor is subject to the Act, the Contractor shall conform to all
requirements of the Act. The failure by the Contractor to conform to all requirements
of the Act constitutes a material breach and is grounds for termination of this
Agreement by the City.
4. Subcontractor
The Contractor shall not subcontract any portion of the Services except as expressly
stated herein, without prior written consent of the City. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
5. Waiver
No waiver of any default shall constitute a waiver of any other breach or default, whether
of the same or any other covenant or condition. No waiver, benefit, privilege, or service
voluntarily given or performed by other Parties shall give the other any contractual right
by custom, estoppels, or otherwise.
6. Notices
All notices required hereunder shall be given in writing to the following addresses or
such other addresses as the parties may designate by written notice:
To the City: City of San Bernardino
300 North D Street, 6th Floor
San Bernardino, California 92418
Attn: City Manager
To the Contractor: Oldtimers Foundation
8572 Sierra Avenue
Fontana, California 92335
Attn: Administrator
Exhibit"A"
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Notice shall be deemed received as follows, depending upon the method of transmittal:
by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by
U.S. Mail, certified, return receipt requested, as of 72 hours after deposit in the U.S. Mail.
7. Authority to Enter Agreement
The Contractor is a non-profit community services organization duly organized, validly
existing in good standing under the laws of the State of California and will continue to be
so during the term of this Agreement. The Contractor has all requisite power and
authority to conduct its business and to execute and deliver, and to perform all of its
obligations under this Agreement. Each Party warrants that the individuals who have
signed this Agreement have the legal power, right and authority to enter into this
Agreement so as to bind each respective party to perform the conditions contemplated
herein.
8. Severability
If any portion of this Agreement is declared by a court of competent jurisdiction to be
invalid or unenforceable, the remaining provisions of this Agreement shall continue in
full force and effect.
9. Time is of the Essence
Time is of the essence in this Agreement, and all Parties agree to execute all documents
and to proceed with due diligence to complete all covenants and conditions set forth
herein.
10. Attorneys Fees and Costs
If any legal action or other proceeding is brought for the enforcement of this Agreement
or because of an alleged dispute, breach, default, or misrepresentation in connection with
an provisions of this Agreement, the successful or prevailing Party shall be entitled to
recover reasonable attorneys; fees and other court costs incurred in that action or
proceeding, in addition to any other relief to which it may be entitled. The costs, salary
and expenses of the City Attorney and members of his office in enforcing this Agreement
on behalf of the City shall be considered "attorney's fees" for the purpose of this Section.
11. Governing Law and Venue
This Agreement shall be construed in accordance with and governed by the laws of the
State of California. Any lawsuit brought to enforce this Agreement shall be brought in
the appropriate court in San Bernardino County, State of California.
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Exhibit"A"
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12. Days
Any term in this Agreement referencing time, days, or period for performance shall be
deemed to be calendar days and not workdays.
13. Entire Agreement
This Agreement contains the entire agreement of the City and the Contractor and
supersedes any prior or written statements or agreements between the City and the
Contractor. No supplement, modification, or amendment of this Agreement shall be
binding unless executed in writing by both Parties.
14. Binding on Assigns
Each and all of the covenants and conditions of this Agreement shall be binding on and
shall inure to the benefit of the successors and assigns of the respective parties.
15. Invalidity
The illegality of any provision of this Agreement shall not affect the remainder of this
Agreement.
16. Counterparts
This Agreement may be signed in counterparts, each of which shall constitute an original
and which collectively shall constitute one instrument.
17. Captions
The captions of the various articles and paragraphs of this Agreement are for the
convenience and ease of reference only, and do not define, limit, augment, or describe the
scope, content, or intent of this Agreement or of any part or parts of this Agreement.
18. Construction
In all cases, the language in all parts of this Agreement shall be construed simply,
according to its fair meaning and not strictly for or against any Party, it being agreed that
the Parties or their agents have all participated in the preparation of this Agreement.
19. Cooperation/Further Acts
The Parties shall fully cooperate with one another in attaining the purposes of this
Agreement and, in connection therewith, shall take any such additional further acts and
steps and sign any such additional instruments, documents and/or agreements as may be
necessary, appropriate and convenient as related thereto.
Exhibit"A"
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20. Suspension of Work
Notwithstanding any other provision in this Agreement to the contrary, the Services
performed by the Contractor may be suspended by the City in whole or in part from time
to time, in any number of times, when determined by the City, in its sole discretion, that
suspension is necessary and in the interest of the City. The Contractor shall comply
immediately with any written order by the City suspending the Services. The Services
shall be suspended until receipt by the Contractor of a written Services commencement
order from the City. Further, and notwithstanding any other provision of this Agreement
to the contrary, any such suspension shall not relieve the Contractor of any of its
obligations under this Agreement. Further, and notwithstanding any other provisions of
this Agreement to the contrary, any such suspension shall be without any liability of the
City to the Contractor, and the Contractor shall not be entitled to any additional
compensation as a result of such suspension.
21. Incorporation of Recitals and Exhibits
a. The "Recitals" are true and correct, constitute a material part hereof, and are hereby
incorporated by reference herein as though fully set forth herein.
b. The Exhibit "1" and Exhibit "2"shall constitute a material part hereof, and are hereby
incorporated by reference herein as though fully set forth herein.
22. References
All references to the Contractor shall include all personnel, employees, agents,
contactors, and subcontractors of the Contractor, and the permitted successors and
assigns of the Contractor.
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Exhibit"A"
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CONTRACTOR SERVICES AGREEMENT
MINOR GRANT REPAIR PROGRAM
(ELDERLY/SPECIAL NEEDS)
IN WITNESS WHEREOF, the Parties hereto have accepted and made and executed this
Agreement upon the terms, conditions, and provisions set forth above as the Effective Date.
City of San Bernardino,
a municipal corporation
By:
Allen Par ,
City Manager
Approved as form:
JAMES F. PENMAN, City Attorney
By: 77
Oldtimers Foundation,
a California non-profit corporation
By:Cak-t
Name: I CEg 1 -
Title:
Exhibit"A"
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EXHIBIT 1
SCOPE OF SERVICES
CITY AND OLDTIMERS FOUNDATION AGREEMENT
ELDERLY/SPECIAL NEEDS MINOR HOME REPAIR GRANT PROGRAM
The Contractor shall provide minor home repair services to lower income senior citizen (as
defined in C below) homeowners within the City of San Bernardino in order to maintain the
existing affordable single-family housing stock through compliance with municipal health and
safety codes. The minor home repairs includes, but is not limited to the following:
A. ALLOWABLE REPAIRS
1. Plumbing & Heating
Repair/Replace: Tank and commode parts, faucet washers, showerheads, outside water
faucets, adjust lawn sprinkler heads.
Check/Maintain: Thermostats, swamp and water coolers (filters and motors replaced as
needed) kitchen & bathroom sinks for leaks, garbage disposals for foreign objects and
debris. Unclog sink, shower, bath, toilet and laundry drains, cover and uncover turbines,
water heater replacement, minor heating and cooling systems malfunctions.
2. Electrical
Repair and Replace: Switches, outlets, cartridge type fuses
Check and Maintain: Oven and range hood, fan and vents, bathroom vents for proper
operational functions, existing smoke detectors. Install smoke detectors.
3. CARPENTRY
Repair/Replace/Realign: Cabinet and door hinges, binding doors, damaged door
hardware, worn and damaged window or door screens, broken windows. Build and
install medical or handicapped ramps with handrails. Install hand-held bath or shower
rails. Floor joist and sheathing locations as needed.
4. GENERAL
Repair/Replace: Towel racks, shower curtain rods, soap and toilet tissue holders,
window glass and door replacement, damaged floor tiles. Patch minor roof leaks. Install
deadbolt or security locks on doors, windows, patio doors and windows. Install garage
door springs, carpet, medical and or handicapped ramps.
Exhibit"A"
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•
B. EXPENDITURES AND PROGRAM LIMITATIONS
City funds will be used to reimburse Contractor for services and repair costs incurred
under this Agreement. In no event shall the repair costs for any one single-family
housing unit exceed $1,000. The Contractor shall charge their expenses in accordance
with the hourly wage noted in Exhibit "2," Section 2. The Contractor shall be limited to
providing services to an eligible applicant not more than twice a year. Thereafter, an
Applicant may not apply for additional assistance until three (3) years following the date
of the last assistance. Contractor will schedule its own staff to make necessary repairs in
a timely manner. All work performed by Contractor shall be completed within 45 days
from date of commencement. The Contractor shall maintain accurate records for
inspection by the City of each applicant obtaining services by the Contractor. The
contractor will provide all services, materials, parts, and labor required for the
performance of the minor home repairs necessary to maintain decent, safe, and sanitary
residential units. Contractor shall submit monthly invoices with supporting
documentation of expenditures to be maintained in Contractor's files, and made available
to City upon request, and such invoices shall be billed consistent with Exhibit "2" of the
Agreement. The Contractor shall provide assistance to a minimum of 50 households per
year.
C. APPLICANT ELIGIBILITY REQUIREMENTS
1. An applicant must be an owner occupant for a minimum period of 1 year; on a case-by-
case basis, and depending on the circumstances, this requirement may be waived by the
Interim Executive Director of the City or his/her designee; Applicant must provide
evidence of ownership and length of residency.
2. Applicant must complete a Grant Application and meet the applicable income criteria
(Exhibit "1-A"). The applicant's annual income shall not exceed 80% of the median
income for San Bernardino County. The City shall provide the Contractor with the
income limits for the current year. Contractor is required to use Exhibit "1-A" attached
herein for all participants in the Program and to retain all applications in the possession of
the Contractor's file.
3. Applicant applying for the Program must be a senior, age 62 or above, or disabled,
handicapped, or a recipient of S.S.I.; on a case-by-case basis, depending on the
circumstances, this requirement may be waived by the Interim Executive Director of the
City or his/her designee.
The Contractor shall maintain accurate records for inspection by the City concerning income and
program eligibility of all persons obtaining assistance from the Contractor pursuant to this
Agreement.
Exhibit"A"
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EXHIBIT 1-A
City of San Bernardino OLDTIMERS FOUNDATION
SENIOR CITIZEN MINOR REPAIR PROGRAM APPLICATION —2013/2014 YEAR
Applicant's Name(Last, First, MI) Social Security Number
Applicant's Name(Last,First,MI) Applicant's Date of Birth-Age
Street Address Applicant's Phone Number
San Bernardino
City/Zip
Years at Residence: Number of Minor Children (If Applicable):
Household Size:
Head of Household: ❑ Male ❑ Female
List all persons living in residence other than yourself:
Ea m re pll oy' ed
Name Relationship Age Sorr a €NQ
.h'
All income of all household occupants must be shown here. Applicant must attach proof of income and
ownership.
MONTHLY HOUSEHOLD INCOME
AFDC $ Social Security $ SSI/SSP $
Disability Insurance $ Employment $ Food Stamps $
Unemployment Ins. $ Pension/Retirement $ Alimony $
Child Support $ Other/Real Property $
TOTAL ANNUAL
TOTAL MONTHLY INCOME: $ INCOME: $
Exhibit"A"
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Number of Persons Per Household
2013 Income Level
1 2 3 4 5 6 7 8+
Household Annual Income May Not Exceed:
Lower Income 80% $35,700 $40,800 $45,900 $50,950 $55,050 $59,150 $63,200 $67,300
Ethnicity: (Please check all that apply)
❑ Sr. Citizen(s) -62 or Older ❑ Female Head of Household ❑ Disabled One or More
❑ Black ❑ Hispanic ❑ Other
❑ American Indian ❑ White ❑ Asian or Pacific Islander
I certify under penalty of perjury that the information provided above is correct to the best of my knowledge. I understand that the
inclusion of any willful misrepresentation on this form constitutes ground for rejection of this application and recapture of any
financial benefit I may have received. I authorize the Oldtimers Foundation to examine and verify any and all information provided
in this application.
Date:
Signature
Date:
Signature
Exhibit"A"
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EXHIBIT 2
CITY OF SAN BERNARDINO
REQUEST FOR MONTHLY REIMBURSEMENT
Agency/Organization: Oldtimers Foundation- Fed. ID #95-6126109
Address: 8572 Sierra Avenue, Fontana, CA 92335-3840
Reimbursement for the Month of: , 20 Invoice No.:
Amount of Reimbursement: a. Administration
b. Job Service—Labor from Exhibit 2
c. Job Service—Material and Supplies from Exhibit 2
Total
The undersigned hereby certifies that the expenditures identified on the attached "Budget
Summary Form" are true and correct, and that said expenditures were incurred and paid within
the month designated above in accordance with the agreement identified herein. Evidence of all
payments (bills and/or receipts and check copies) for each of the expenditures listed is attached
hereto.
(Authorized Signature)
(Type Name and Title)
(Date)
FOR OFFICE USE ONLY
Reviewed by:
Approved by:
1
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REIMBURSEMENT REQUEST
Budgeted Current Month Year to Date Balance
A. EXPENDITURES Amount Cumulative Available
1. Wages-Administration
a.Administrator/Acct. $16.83/hr.
b. Dispatcher A $9.50/hr
Fringe Benefits
a. Administrator/Accountant
b. Dispatcher
Wages and Fringes Subtotal
2. Consultant—Audit
3. Travel miles A $0.55)
4. Rent
5. Payroll Service
6. Vehicle Maintenance
7.Auto and Misc. Insurance
8. Cell Phone and Radio
Total Maximum Program
Administration Expense
(.15 x$80,000)
9. Job Service/Wages
a. Working Foreman hrs. x$17.00
b. Maintenance Worker hrs. x$13.00
c. Material and Supplies
Fringe Benefits
a. Working Foreman
b. Maintenance Worker
Total Job Service/Labor
Total
10. Minimum Households Assisted Per
Year at a Maximum of$1600
B. #of Individuals Assisted Monthly #Female Head of Household:
w
1. # Low Income Level
2. #Very Low Income Level
m
�
Total(1+2=B) y;1P W ,011ll l .I.,I V'�
10,
'rz
Please attach supporting invoices and documentation.
2
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