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HomeMy WebLinkAbout09.B- City Manager 9.B RESOLUTION (ID # 2572) DOC ID: 2572 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Annexation From: Allen Parker M/CC Meeting Date: 07/01/2013 Prepared by: Lisa Connor, (909) 663-1044 Dept: City Manager Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Approving $50,000 in Community Development Block Grant Fund (CDBG) the Elderly/ Special Needs Minor Repair Grant Program Implementation Agreement with the Oldtimers Foundation, Inc., City-Wide and Authorize the City Manager to Execute the Agreement. (#2572) Current Business Registration Certificate: Yes Financial Impact: There is no fiscal impact to the City's General Fund. The $50,000 is available in CDBG funds. Motion: Adopt the Resolution. Synopsis of Previous Council Action: May 3,2010 adopted Resolution 2010-100, approving the 2010-2015 Five Year Consolidated Plan May 7, 2012 adopted Resolution 2012-82 approving the 2012-2013 Annual Action Plan June 17, 2103 adopted Resolution 2013-179 amending the 2010-2015 Five Year Consolidated Plan Background: The Consolidated Plan is a comprehensive five-year strategy that addresses how entitlement cities, such as the City of San Bernardino, intend to use and leverage federal funds such as Community Development Block Grant ("CDBG"), HOME Investment Partnership Act Grant ("HOME") and Emergency Shelter Grant ("ESG"). On May 3, 2010, the Mayor and Common Council adopted the Five-Year Consolidated Plan and Annual Action Plan that to guides the City and identifies certain needs to be addressed incrementally for the 2010-2015 period. The above referenced Plans and Federal application for funds were subsequently submitted by the City and approved by the U.S. Department of Housing and Urban Development Department ("HUD") on September 28, 2010. The 2012-2013 Annual Plan was approved by the Mayor and Common Council on May 7, 2012 for submission and was approved by HUD on August 2, 2012. The intent of this process is to ensure that cities are meeting HUD mandates and are establishing goals and objectives that provide decent housing, a suitable living environment and expanded economic opportunities targeted primarily to low- and moderate-income persons. The 2012-2013 Action Plan depicts a year-to-year Plan outlining the goals, objectives and resources to be allocated incrementally to address the needs identified in the Five-Year Consolidated Plan. Moreover, the Five-Year Plan identifies community development, housing, infrastructure, homeless and public service needs and how those needs will be addressed using anticipated resources from Federal CDBG,HOME,and ESG funds, State, County and local resources. Updated:6/25/2013 by Shauna Britton A Packet Pg. 448 9.B 2572 Current Issue: In order to continue carrying out the housing functions, and meet its goal statements in the approved Five -Year Consolidated and 2012-2013 Action Plans and comply with the U. S. Department of Housing and Urban Development (HUD) grant program requirements, staff is requesting authorization and consent to implement the following needed housing programs by allocating $2,360,000 in unprogrammed Federal HOME and $150,000 in CDBG funds. The proposed reallocation of funds is required to assist the City in meeting its housing goals in the approved Plans, and HUD, in a letter dated May 1, 2013, to the City (attached) notified the City of the need to have funds committed and expended. Additionally, the proposed reallocation of CDBG funds will not impact current funding for the Public Services programs or City funded program. The proposed housing activities to be implemented and funded under individual agreements with identified non-profit housing services provider are: Elderly/Special Needs Minor Repair Grant Program (Old Timer's Grant)- The Old Timer's Foundation, a local non-profit corporation, performs minor and emergency home repairs for low income seniors (80% and below area median income). Repairs cannot exceed $1,000 per housing unit. Seniors, 60 years and older, disabled persons or recipients of SSI are eligible for this program. Qualified repairs include: plumbing (i.e., sink fixtures), replacing of doors, screens, and window glass, and minor electrical repairs. Outreach for the program is conducted at various senior centers throughout the City and by word-of-mouth. In compliance with the substantial amendment definition of the Citizen Participation Plan in the approved Five-Year Consolidated Plan, 24 CFR 91.105 HOME implementing regulation, the general public were afforded the opportunity to review and provide oral and/or written comments to the proposed substantial Plans amendment. Public notices announcing the amendment and summary of proposed funding and activities were published in the San Bernardino Sun Newspaper on April 17, 2013 and May 6, 2013. Any public comments received will be incorporated into the Plan amendment; however, to date,no comments were received by staff. Environmental Impact: The requested action is exempt under Section 15332 of the California Environmental Quality Act ("CEQA") and 24 CFR 58.34(a)(3) of the National Environmental Protection Act ("NEPA") guidelines because the proposed action is required for federal program administration and compliance. Separate environmental clearances will be processed for each project as they are identified and processed for funding. City Attorney Review: Supporting Documents: Reso Elderly/Special Needs Old Timers (PDF) Agmt Elderly/Special Needs Repair Prgm (PDF) Updated:6/25/2013 by Shauna Britton A Packet Pg.449 it 1 RESOLUTION NO. 7 1 L 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN E BERNARDINO APPROVING AND AUTHORIZING THE CITY MANAGER TO 3 EXECUTE THE CITYWIDE ELDERLY/SPECIAL NEEDS MINOR REPAIR GRANT p PROGRAM IMPLEMENTATION AGREEMENT BY AND BETWEEN THE CITY OF = 4 SAN BERNARDINO AND OLDTIMERS FOUNDATION, INC., IN THE AMOUNT OF 5 $50,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. a d 6 WHEREAS, the City of San Bernardino (the "City") is an entitlement jurisdiction and `o 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 Z 9 Development Block Grant(CDBG)programs; and 10 WHEREAS, on May 3, 2010, the Mayor and Common Council adopted Resolution 2010- Cn 11 100, approving the City's 2010-2015 Consolidated Plan; and w 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 a. 14 address incrementally for the 2010-2015 period; and o 15 WHEREAS, on June 17, 2413, the Mayor and Common Council adopted Resolution 2013- c U 16 179, amending the City's 2010-2015 Consolidated Plan by allocating $50,000 of CDBG funds for N 17 the Elderly/ Special Needs Minor Repair Program; and N 18 WHEREAS, the Oldtimers Foundation, Inc., is a non- profit organization that provides E 19 Elderly/ Special needs minor repair program and have provided the services in the City and County O 20 for decades; and d 21 WHEREAS, the Oldtimers Foundation, Inc., under terms of the Agreement will provide Z 22 repairs such as, but not limited to, plumbing, minor electrical repair, replacing of doors, screens and C. 23 window glasses; and as 24 WHEREAS, in compliance with the California Environmental Quality Act ("CEQA") and o N 25 the National Environmental Protection Act("NEPA") guidelines, the authorization and execution of W u 26 the this Agreement is determined to be an exempt from actions pursuant to Section 15332 of the a E 27 CEQA Guidelines and 24 CFR 58. 34(a)(3) of NEPA Guidelines because the propose action is r a 28 required for federal programs administration and compliance. 1 Racket Rg.450 G1Docoments and Se1tings\sbritton\Lcca1 SettingslTemp'iMinuteTraq\SanBernardinoCityCA�dtSanBemardinoCityCA.IQM2.com\WorkWiachments\5J2Qdu� I NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 2 COUNCIL OF THE CITY OF SAN BERNARDINO,AS FOLLOWS: E 3 Section 1. The Mayor and Common Council hereby approves $50,000 in CDBG funds :2 0 4 for the Elderly/Special Needs Minor Repair Grant Program Implementation Agreement with the L 0 5 Oldtimers Foundation, Inc, and authorizes the City Manager to execute an Agreement, attached a 6 hereto as Exhibit A. `0 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 Z 9 24 CFR 58. 34(a)(3) of the NEPA Guidelines because the propose action is required for federal d 10 programs administration and compliance. rn CL 11 Section 3. This Resolution shall take effect upon its adoption. 12 13 /// a. 14 /// (D 0 15 c U 16 N ti Ln 17 18 /// W E 19 2 0 20 d as 21 !// Z 22 23 L d 24 w 0 25 26 /// d 27 28 2 C CADocuments and SettingAsbrittorALocat SettingsS CempWinuteTraq tSanBernardinoCityCA re SanBernardinoCityCA.CQM2.com\Wcrk`,Attachments15326.docx packet Pg.4u1' RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 1 BERNARDINO APPROVING AND AUTHORIZING THE CITY MANAGER TO N 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 :2 $50,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. 4 0 /L^ V 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Q a� 6 Common Council of the City of San Bernardino at a meeting o thereof, held on the day of , 2013,by the following vote to wit: 2 N 8 Council Members: Ayes Nays Abstain Absent z 9 MARQUEZ 10 JENKINS n 11 VALDIVIA w 12 SHORETT �o 13 KELLEY a. 14 JOHNSON 15 MCCAMMACK � 0 16 N LO 17 Georgeann Hanna, City Clerk 18 The foregoing resolution is hereby approved this day of ,2013. E 19 0 20 21 Patrick J. Morris, Mayor, z City of San Bernardino 22 Q. Approved as to Form: 23 JAMES F. PENMAN, City Attorney 24 w 25 By: w 26 a E s 27 Q 28 3 CADocuments and Settings\sbritton\Local Settings\Temp\MinuteTray?San&emardinoCityCACnSanBemardinoCityCA.IQM2.com\Work\Anachmentsi5320.docx Packet:Pg.452 9.B.b EXHIBIT A CONTRACTOR SERVICES AGREEMENT L MINOR GRANT REPAIR PROGRAM E (ELDERLY/SPECIAL NEEDS) O r c THIS CONTRACTOR SERVICES AGREEMENT MINOR GRANT REPAIR PROGRAM (ELDERLY/SPECIAL NEEDS) (hereinafter the "Agreement") is dated as of the L day of July 2013, (the "Effective Date") by and between the City of San Bernardino, a C municipal corporation (hereinafter the "City"), and the Oldtimers Foundation, a California non- ce L 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 M "Parties." a a� a� Z RECITALS d WHEREAS, the Parties desires to enter into an agreement entitled "Contractor Services ai 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 a perform and to assume responsibility for the obligations of the affordable housing grant w administration and for the maintenance services described therein, subject to the terms, 0 covenants and conditions set forth therein; and a a� 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 N by the Contractor of the services described in this Agreement and in Exhibit "1" attached hereto 0 and incorporated herein by this reference (collectively,the"Services"); and v Ln N 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 E discretion and subject to the appropriation by the United States Department of Housing and a Urban Development ("HUD") through its Community Development Block Grant Program = ("CDBG"); and aD W WHEREAS, the City intends to allocate an amount not to exceed the sum of Fifty 0 Thousand Dollars ($50,000) annually from the CDBG Fund in accordance with the terms, the Z covenants and the conditions of this Agreement, which amount may be increased by the City in 7a the event the minimum number of required Grants is exceeded by the Contractor for any given a year; and a L WHEREAS, the Services to be provided by Contractor are intended to benefit low- a income elderly and special needs owner-occupants of homes anywhere within the territorial w jurisdiction of the City of San Bernardino (the "City") with minor home repairs. The City shall a 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) E years of age as authorized by HUD . The words "low-income" mean and refer to the household o a Exhibit"A" C.`Documents and SettingsUritton�Local Settings:Temp\MinuteTraq\SanBemardinoCityCA c S anBemardittoCityCA.IQM2.com\WorklAttachmentsi5321,doc Packet`Pg.453 9.B.b .0 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. E NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS MENTIONED p 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 sa d FOLLOWS: L OPERATIVE PROVISIONS c° SECTION I a ENGAGEMENT AND SERVICES OF THE CONTRACTOR z �o 1. Enaa eg ment of Contractor CL co The City hereby engages the Contractor, subject to the terms, the covenants and the L 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 w covenants and the conditions of this Agreement. a 2. Performance of the Contractor and Warrant of Authority d The Contractor accepts the relationship of trust and confidence established between the y City and the Contractor by the terms of this Agreement. The Contractor covenants with c the City to furnish its best skill,judgment and efforts and to cooperate with the City and v with any other individual, contractor, subcontractor, or entity, whether or not contracted ti for by the Contractor or by the City in the performance of the Services. The Contractor LO covenants to use its best efforts to perform the duties and obligations of the Contractor E under this Agreement in an efficient, expeditious and economical manner, consistent with a. the best interests of the City. Contractor represents and warrants to the City that the I= Contractor has taken all corporate actions necessary to enter into this Agreement, to perform and to be bound by this Agreement. a� 3. The Contractor's Personnel z The Contractor shall provide professional, competent and experienced workers, a administrative and management personnel to perform the Services. !n- 21 L 4. The Contractor's Responsibilities for Costs and Expenses W The Contractor shall be responsible for all costs and expenses incurred by the Contractor o, relative to and in connection with the performance of the Services, including, without a limitation, payment of salaries,workers compensation insurance coverage, fringe benefits contributions, payroll taxes, withholding taxes and other taxes or levies, office overhead E a Exhibit"A" C:'d)owments and Settings\sbrittcn\Uca1 Settings\Temp\MinuteTraq\SanBernardinoCityCA re.SanBemardin CityCA,IQM2.coin\NVorkWttachments�5321.doc Packet Pg.454 expense, travel expenses, telephone and other telecommunication expenses, and L document reproduction expenses. E SECTION II o .RESPONSIBILITIES OF THE CONTRACTOR = L 1. Personnel L CL a� The Services shall be performed by the Contractor under the direct supervision and L 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 a Contractor is not an employee of the City. The employees, personnel, contractors and/or z 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 CD Contractor shall pay all expenses including, without limitation, salaries, fringe benefit co contributions, payroll taxes, withholding taxes and other taxes or levies and all other L amounts due such employees, personnel, contractors or subcontractors or due any other a individual or entity (collectively, the "Performing Parties") as a result of the performance w 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 a more federal, state, municipal and/or local laws, statutes, codes, ordinances, regulations, d 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, N unemployment insurance and workers compensation insurance. c U 2. Cooperation/Proiect Administration ti LO N_ Contractor shall work closely and cooperate fully with the City Manager, including his or E her designee (the "Project Administrator"), and any other agencies which may have a jurisdiction or interest in the Services. The Project Administrator will administer this L 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. z 3. Project Manager 'v a� The Contractor shall designate and assign a project manager (the "Project Manager"), co 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. w E 4. Time of Performance a c a� The Services to be performed by Contractor under and pursuant to this Agreement shall E be for a period of one (1) year, from June , 2013 through June 30, 2014 (the r a Exhibit"A" C'Documents and Seuings\sbritton\Local Settings\Temp\MinuteTraq\SanBernardinoCilyCA@ SanBernardinoCityCA.IQM2.com\WorklAttachments\532i.doc Packet Pg.455 "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 E "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. p c 5. Report Materials R L 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, L documents, agreements, data, studies, surveys, drawings, maps,models, photographs, and c reports prepared by the Contractor or prepared by others for the use and/or the benefit of E 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 Z 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. N 6. City Policy a W 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 a manner consistent with the goals and policies of the City and this Agreement. d -a 7. Conformance to Applicable Requirements o N C O 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 ti LO Agreement and all Laws, including, without limitation, the requirements of all governing N. bodies that have jurisdiction over the Parties and/or over the Services, or any part thereof. E a� L S. Indemnification a Q. 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, Z 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 a against all actions, causes of action, claims, demands, liabilities, damages, losses, u liabilities, obligations, judgments, suits, costs, expenses and fees (including, without L 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, a 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 E of each of them (singularly and collectively, the "Indemnifying Parties" which defined o a Exhibit"A" C:Oocuments and Settings\sbrittoMLocal Settings,,Temp\MinuteTraq\SanBernardinoCityCA©SanB ernardinoCityCA.IQA 12.com\Work\Attachments15J21.doc Packet Pg.456 term shall also include the Contractor), in performing, or failing to perform, its L obligations hereunder, (ii) any default by the Contractor under this Agreement, subject to E 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 p 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 L any home or structure where the Services are or were performed, in whole or in part, C directly or indirectly, from the acts or omissions of any Indemnifying Parties and/or(viii) L the aggravation of any environmental condition by any Indemnifying Parties at, on, in, c 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 z 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 cn 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 a acts or willful misconduct of the City. w c 9. Standard of Care; License a a� The Contractor represents and warrants to the City that the Contractor and the other a Performing Parties shall be fully qualified, shall comply with Agreement and are y authorized or permitted under all applicable Laws to perform the Services, and shall c 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 h execution of the duties of the Contractor and/or of the other Performing Parties under this N Agreement and in the performance of the duties by the Contractor and/by the other E Performing Parties hereunder. The Contractor represents and warrants that the Contractor a and all other Performing Parties engaged in the performance of the Services, or any part L thereof, have all licenses, permits, qualifications, and approvals of whatever nature that C 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. z Lt 10. Insurance a Cn 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 r Commercial General Liability Form (G0001)", in the amount of One Million Dollars v, ($1,000,000) combined single limit per occurrence, naming the City and the elected Q officials, officers, employees, attorneys and agents of each of them as additional insureds (collectively, the "Additional Insureds") with said insurance covering comprehensive .E general liability including, but not limited to, contractual liability, assumed contractual c a Exhibit"A" CiAocutnents and SettingsUrittonlLocal Set tings\TcmpNinuteTraglSanBernardinnCityCACSanBermrdinoCityCA 1QA{2.com\WorkWta6rnenW5721.doc Packet Pg.457 liability under this Agreement, acts of subcontractors, premises-operations, explosion, collapse and underground hazards, if applicable, broad form property damage, and E personal injury including libel, slander and false arrest, (ii) comprehensive automobile v liability insurance covering owned, non-owned and hired vehicles by or for the p 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 W Dollars ($1,000,000), and (iv) errors and omissions and professional liability, combined 0 single limit in the amount of One Million Dollars ($1,000,000)per occurrence. An and all insurance policies required hereunder shall be obtained from insurance Any p q z 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 i the City receive written notice of cancellation at least thirty (30) calendar days prior to the a 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 a 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 o no right of subrogation against the City, or against any of the other Additional Insureds. v The Additional Insureds shall be named as additional insureds on each insurance policy. N 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 a approve. L a d 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 Z Section and shall also deliver,no later than thirty(30) calendar days prior to the expiration m of any insurance policy, a certificate of insurance evidencing each renewal policy a covering the same risks. co L The Contractor shall include all contracting and/or subcontracting consultants, if any, as a 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 Q 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 E the City, at the sole cost and expense of the Contractor. a a Exhibit"A" CWocuments and Settings\.sbrittonEocal SettingslTemp\MinuteTraglSartBernardinoCityCA Q SanBernardinoCityCAIQM2.com\WorkUUtachments 5721.doe Packet-P-4.458 `m 11. Prohibition Against Transfers E a. The Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or 0 0 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 C7 the City shall be null and void, and any assignee, sub-lessee, hypothecate or L transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. 0 c 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 a interest of any general partner, interest of any member of a limited liability company, z joint venture or syndicate member or co-tenant of the Contractor, if the Contractor is Z 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 cn an assignment of this Agreement. For purposes of this paragraph, "control" means L 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. a 12. Progress and Quarterly Reports d 0 The Contractor is responsible to keep the Project Administrator his or her duly authorized y designee informed on a quarterly basis regarding the status and progress of the Services, c activities performed and planned, and any meetings that have been scheduled or are v desired relative to the Services or relative to this Agreement. The Contractor shall also ti provide written monthly reports on the Services provided herein to the Project N Administrator. Such reports will include, but are not limited to, the names, the addresses, E the income, and the household size of all applicants obtaining assistance from the a 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. Z �o 13. News Releases a CO No news releases, including photographs, public announcements, or confirmations of the L 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. rn 14. Scheduling Q c a� The Contractor shall schedule and coordinate the performance of the Services with the s Project Administrator. The Services hereunder shall be performed on an as-needed, first Y a Exhibit"A" C:Oocuments and Settings\sbritton\Loca1 Settings\Temp'.1,tint eTraq\SanBomardinoCityCAQ SanBernardinoCityCA.IQM2.com\Work)Attachmenu;5321.doc Packet Pg.459 come first serve basis, to all qualified homeowners except as otherwise required by the L City. E 15. Deadlines/Right to Contract 0 0 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 L Agreement. The Contractor retains the right to contract for similar Services with any M other entity, public or private. 0 SECTION III RESPONSIBILITIES OF THE CITY d 1. Cooperation Z d The City and the Contractor shall cooperate with each other relative to the provisions and cn 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 a (singularly, a"Grant" and collectively, the"Grants") for the elderly and/or for individuals "' with special needs. a m r SECTION IV COMPENSATION o c 0 1. Compensation N ti Ln 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 E the following schedule: a L 10% of the CDBG Fund disbursed Annual Program Administration Fee for CD by the Contractor under this CONTRACTOR Agreement not to exceed an annual amount of$5,000 z M $45,000.00 Annual Minor Grant Repair Program (Elderly/Special Needs) Cn a L $50,000 w Notwithstanding the foregoing, in the event the Contractor exceeds fifty (50) Grants in E, any given year, additional grant funds (the "Grant Funds") will need to be procured in a 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 E obtain additional Grant Funds to fund additional Grants, in excess of fifty (50) Grants, by c a Exhibit"A" Ci"Documents and SettingAsbrittonU.ocal Settings,Templ MinuteTraql SanBernardinoCityCAy:SanBernardinoCityCA.IQM2.comlWorklAllachments15321.doc Packet Pg.460 the Contractor for that year. The City makes no warranty, no representation and no L covenant to the Contractor that the City will be able to obtain any additional Grant Funds E to fund any additional Grants under this Agreement. O 2. Payment of Compensation M ,Ln V From and after the Effective Date of this Agreement and for the remaining one (1) year L term of this Agreement, subject to the Term Extensions by the City as provided for in this C Agreement, the Program Administration Fee payable by the City to the Contractor as L compensation for the Services performed by the Contractor under this Agreement shall be c paid by the City directly to the Contractor upon receipt by the City of a corrected invoice 2 and the CDBG Funds disbursement ledger (the "CDBG Funds Disbursement Ledger") a which shows all CDBG Fund payments authorized by the City and disbursed by the z 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 Cn Fund disbursed by the Contractor under this Agreement and the City shall pay to the L Contractor the correct amount identified on the invoice within thirty (30) calendar days a after the receipt by the City of the following: (i) a corrected invoice, in the form provided w 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 a 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 a Administration Fee shall be 10% of the CDBG Funds disbursed by the Contractor under N this Agreement and shall not exceed Five Thousand Dollars ($5,000), in the aggregate, c for the first year of this Agreement, and for the Term Extensions, if any, by the City, as provided for in this Agreement. ti 1O N_ 3. Withholding E L a 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 Z hereunder. The Contractor shall have an immediate right to appeal to the City m Manager with respect to withheld amounts, provided however, that any claim which a the Contractor may have against the City shall be submitted in writing within the cn period of time allowed for the submission of claims against the City. '' d b. Retention: The City shall have the right to retain an amount equal to ten percent w (10%) of the payment (the "Retention") as invoiced by the Contractor until a period Q 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 s Contractor; provided that no event of default may then exist. The City shall have the Q Exhibit"A" C Oocumcnts and Settingsisbritton\Lncal Settings\Temp\MinutcTraq\SanBernardinoCityCA(@ SanBernardinoCit)CA.IQM2.com\Work\Attachments\5321.dw Packet Pg.461 right without further liability to the Contractor, to utilize the Retention to satisfy L 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 i= this Agreement. o r SECTION V EXPIRATION AND TERMINATION L Q 1. Termination L 0 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 z termination without cause, the Contractor shall be compensated for the work Z 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 Un actually completed by Contractor to the satisfaction of the City. In no event shall the L�, 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 w 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 a after the effective date of any termination of this Agreement. 0 0 b. Termination by Contractor: Contractor may not terminate this Agreement except for y cause. _ 0 U c. Termination Upon Event of Default: In addition to any other available legal or ti LO 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. E Such termination shall be effective on the date that the notice of termination is given 0 pursuant to Section VI, paragraph 6 below. a a 2. Events of Default N Each of the following events shall constitute an"Event of Default". z 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, ui 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 a specified the nature of such failure. w E rn b. The Contractor shall commit any fraud, misrepresentation, breach of fiduciary duty, Q willful misconduct, or intentional or breach of any provision of this Agreement. E w Exhibit "A" C Oamments and Settings'sbrittonEocal SettingsTempWinul eTragiSa nBemardinoCityCAn.SanBernardinoCityCA.IQM2.com\Work`:Attachments\532IAm .Packet Pg.462 c. The Contractor make a representation or warranty in this Agreement that becomes L false or untrue. E 3. Cooperation Upon Termination o c 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, L 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, c 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 z the City to effectively accomplish the transfer. m a� 4. Termination Date (n In addition to paragraphs 1 and 2 of Section V, this Agreement shall terminate upon the a delivery of all documents required under Section 11.4 and either (i) the Completion Date, w 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 a Administration Fee under this Agreement, provided however, that the indemnification (D and the insurance provisions of this Agreement shall survive such termination date. a N C O VI U GENERAL PROVISIONS LO N_ 1. Nondiscrimination by the Contractor E During the Contractor's performance of the Services, the Contractor, its affiliates, a subsidiaries, or holding companies, shall not discriminate on the grounds of race, 0 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 z applicants, employees, general contractors and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California d Government Code. Such nondiscrimination shall include, but not be limited to, the vQi following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. W w E E a Exhibit"A" C1Documents and Set6ngsisbrAton\Local Settings,,Tempt MinuieTraql SanBernardinoCityCAVSanBernardinoCityCA.IQM2.cemlWork\Attachments\532 Ldoc Packet pg.463 2. City's Rights to Employ Other Contractors L E 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 o written reasonable approval of the City. L 3. Conflicts of Interest L CL 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, z b. if the Contractor is subject to the Act, the Contractor shall conform to all U 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 �^ L Agreement by the City. w 4. Subcontractor a The Contractor shall not subcontract any portion of the Services except as expressly d stated herein, without prior written consent of the City. Subcontracts, if any, shall a contain a provision making them subject to all provisions stipulated in this Agreement. 0 0 5. Waiver v N LO ti 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 E voluntarily given or performed by other Parties shall give the other any contractual right L by custom, esto p pels, or otherwise. a 0. b. Notices All notices required hereunder shall be given in writing to the following addresses or z such other addresses as the parties may designate by written notice: d To the City: City of San Bernardino CCOO 300 North D Street, 61h Floor San Bernardino, California 92418 -a Attn: City Manager w r E To the Contractor: Oldtimers Foundation Q 8572 Sierra Avenue Fontana, California 92335 E Attn: Administrator 0 a Exhibit"A" CMocumentsand Settings\sbritton\Local Settings\TcmpVAinuteTraq\SanBentardinoCityCA@ SanBemardinoCityCMQM2.com\Work`4ttachments\5321.doc Packet'Pg.464 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. 0 7. Authority to Enter Agreement ;a c� L The Contractor is a non-profit community services organization duly organized, validly a 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 0 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 z Agreement so as to bind each respective party to perform the conditions contemplated herein. aD CL CO 8. Severability ?+ L Qt If any portion of this Agreement is declared by a court of competent jurisdiction to be w invalid or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. a d 9. Time is of the Essence Time is of the essence in this Agreement, and all Parties agree to execute all documents c and to proceed with due diligence to complete all covenants and conditions set forth herein. �•, ti N 10. Attorneys Fees and Costs L If any legal action or other proceeding is brought for the enforcement of this Agreement a 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 'a proceeding, in addition to any other relief to which it may be entitled. The costs, salary z 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. CD a 11. Governing Law and Venue �+ L d This Agreement shall be construed in accordance with and governed by the laws of the w State of California. Any lawsuit brought to enforce this Agreement shall be brought in E the appropriate court in San Bernardino County, State of California. Q E Y Q Exhibit"A" C Documents and Settingstsbritton\Local Settings\Temp\MinuteTraq\SanBernardinoCityCA rdSanBernardinoCitvCA IQM2.com\Work\Attachments�.5321.doc Packet Pg.465 9.B.b 12. D_ ays ` Any term in this Agreement referencing time, days, or period for performance shall be deemed to be calendar days and not workdays. '° O 13, Entire A reement c� L This Agreement contains the entire agreement of the City and the Contractor and a supersedes any prior or written statements or agreements between the City and the � Contractor. No supplement, modification, or amendment of this Agreement shall be c binding unless executed in writing by both Parties. N 14. Binding on Assigns z 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. Cn CL 1 15. Invalidity W The illegality of any provision of this Agreement shall not affect the remainder of this Agreement. a d 16. Counterparts R 2 O This Agreement may be signed in counterparts, each of which shall constitute an original o and which collectively shall constitute one instrument. N 17. Captions N The captions of the various articles and paragraphs of this Agreement are for the 0) convenience and ease of reference only, and do not define, limit, augment, or describe the a scope, content, or intent of this Agreement or of any part or parts of this Agreement. d 18. Construction N a� d In all cases, the language in all parts of this Agreement shall be construed simply z , � 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. �n % 19. Cooperation/Further Acts w The Parties shall fully cooperate with one another in attaining the purposes of this E Agreement and, in connection therewith, shall take any such additional further acts and a steps and sign any such additional instruments, documents and/or agreements as may be necessary, appropriate and convenient as related thereto. E a Exhibit"A" C:Oucuments and Settings\sbritton\Local Settings\TempWinuteTraq\SanHemardinoCityCA SSanBernardinoCityCA.[QM2.comlWork\Attachments\5321.doc Packet Pg.466' 20. Suspension of Work L d E 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 o 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 L 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 o 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 z compensation as a result of such suspension. z 2 a� 21. Incorporation of Recitals and Exhibits CO a. The "Recitals" are true and correct, constitute a material part hereof, and are hereby 'a incorporated by reference herein as though fully set forth herein. W c b. The Exhibit"1" and Exhibit "2"shall constitute a material part hereof, and are hereby a. incorporated by reference herein as though fully set forth herein. 75 22. References .o N C O All references to the Contractor shall include all personnel, employees, agents, contactors, and subcontractors of the Contractor, and the permitted successors and ti assigns of the Contractor. N CL d a� d a L W E a a� E a Exhibit"A" C\Documents and Settings\sbritton\Locat Settings\TempVNinuteTraq\SanBemardinoCityCA @SanBernardinoCityCA.IQN12.com\Work\Attachments'332Ldoe Packet Pg.467 CONTRACTOR SERVICES AGREEMENT MINOR GRANT REPAIR PROGRAM E (ELDERLYISPECIAL NEEDS) 0 c 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. L a d City of San Bernardino, a municipal corporation N G1 d By: Allen Parker, City Manager cC L Approved as form: w JAMES F. PENMAN, City Attorney a. m By: 0 to c O U N ti Oldtimers Foundation, N a California non-profit corporation E a� L a. L By: Q. Name: Title: d a� z 0 W CL D2 `% L W W E Q c E V Q Exhibit"A" C:'Documents and Settings\sbritton\Local SettingslTempNinuteTragkSanBernardinoCityCA'ri SanBernardinoCityCA.IQM2.com\Work`:Anachments\5321.doc _ Packet Pg.468 EXHIBIT 1 L a� E SCOPE OF SERVICES o CITY AND OLDTIMERS FOUNDATION AGREEMENT ELDERLY/SPECIAL NEEDS MINOR HOME REPAIR GRANT PROGRAM L The Contractor shall provide minor home repair services to lower income senior citizen (as CL 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 0 safety codes. The minor home repairs includes,but is not limited to the following: 5 N A. ALLOWABLE REPAIRS Z 1. Plumbing& Heating d CL W Repair/Replace: Tank and commode parts, faucet washers, showerheads, outside water faucets, adjust lawn sprinkler heads. a w Check/Maintain: Thermostats, swamp and water coolers (filters and motors replaced as needed) kitchen & bathroom sinks for leaks, garbage disposals for foreign objects and o. debris. Unclog sink, shower, bath, toilet and laundry drains, cover and uncover turbines, a water heater replacement,minor heating and cooling systems malfunctions. 'o 2. Electrical r_ 0 U Repair and Replace: Switches, outlets, cartridge type fuses ti to N_ Check and Maintain: Oven and range hood, fan and vents, bathroom vents for proper E operational functions,existing smoke detectors. Install smoke detectors. a a L 3. CARPENTRY Q d Repair/Replace/Realign: Cabinet and door hinges, binding doors, damaged door hardware, worn and damaged window or door screens, broken windows. Build and z install medical or handicapped ramps with handrails. Install hand-held bath or shower Z rails. Floor joist and sheathing locations as needed. a tUn 4. GENERAL L Q1 Repair/Replace: Towel racks, shower curtain rods, soap and toilet tissue holders, w window glass and door replacement, damaged floor tiles. Patch minor roof leaks. Install E deadbolt or security locks on doors, windows, patio doors and windows. Install garage a door springs, carpet, medical and or handicapped ramps. E a Exhibit"A" C%Documents and Settings\sbrittonlLocal Settings\Temp\MinuteTraq\SanBemardinoCityC.6,@ SanBernardinoCityCAIQM2.comlWork`Attachments\5;21.dcc Pack6t Pg.469 i B. EXPENDITURES AND PROGRAM LIMITATIONS E City funds will be used to reimburse Contractor for services and repair costs incurred 'D 0 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 L providing services to an eligible applicant not more than twice a year. Thereafter, an C 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 c 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 z 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 Cn 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 o Agreement. The Contractor shall provide assistance to a minimum of 50 households per w year. c R a. C. APPLICANT ELIGIBILITY REQUIREMENTS a 1. An applicant must be an owner occupant for a minimum period of 1 year; on a case-by- y case basis, and depending on the circumstances, this requirement may be waived by the o Interim Executive Director of the City or his/her designee; Applicant must provide evidence of ownership and length of residency. N 2. Applicant must complete a Grant Application and meet the applicable income criteria E (Exhibit "I-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 a 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, a� as z 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 vii City or his/her designee. 24 L The Contractor shall maintain accurate records for inspection by the City concerning income and w program eligibility of all persons obtaining assistance from the Contractor pursuant to this E, Agreement, a c d E a Exhibit "A" CADocuments and Settings\sbrittor&ocal Settings:TempWinuteTraq\SanBernardinoCityCA(q S SanBernardinoCityCA.SQM2.com\Work\Attachments\5321.doc Racket Pg.470 !! EXHIBIT 1-A a� E i= City of San Bernardino OLDTIMERS FOUNDATION o SENIOR CITIZEN MINOR REPAIR PROGRAM APPLICATION —2013/2014 YEAR � IL^ V L_ Applicant's Name(Last,First,MI Social Security Number Q Applicant's Name(Last,First, MI) M Applicant's Date of Birth-Age c Street Address Applicant's Phone Number m San Bernardino z City/Zip .v tv a to Years at Residence: Number of Minor Children (If Applicable): L d Household Size: W M Head of Household: ❑ Male ❑ Female a (MofList all persons living in residence other than y ourself Name . ai!41r�sr ' i o . #.: e N ti LO N E L IL L CL All income of all household occupants must be shown here. Applicant must attach proof of income and W ownership. y NITiCL'YC�(,IwSfH[fILO. ! AFDC Social Security $ SSI/S5P $ z Disability Insurance Employment $ Food Stamps Unemployment Ins. Pension Retirement Alimony a Child Support Other Real roperty rope rn TOTAL ANNUAL d TOTAL MONTHLY INCOME: $ INCOME: $ w E a d E L) a Exhibit"A" CiODwrnents and settingAsbrittonEocal S eltingsl Temp�MiouteTragl SanBemardinoCityCA@ SanBernardinoCityCA.IQM2.com\Work'Attachments1532I doc Packet Pg.471 L d 2013 Income Level Number of Persons Per Household E 1 2 3 4 5 6 7 Household Annual Income May Not Exceed: O c Lower Income 80% $35,700 1 $40,800 $45,900 $50,950 $55,050 1 $59,150 $63,200 $67,300 c7 L Q. Ethnicity: (Please check all that apply) L 0 ❑ Sr. Citizen(s)-62 or Older ❑ Female Head of Household ❑ Disabled One or More = ❑ Black ❑ Hispanic ❑ Other N ❑ American Indian ❑ White ❑ Asian or Pacific Islander '0 d 0 Z M I certify under penalty of perjury that the information provided above is correct to the best of my knowledge. I understand that the 0 inclusion of any willful misrepresentation on this form constitutes ground for rejection of this application and recapture of any to financial benefit I may have received. I authorize the Oidtimers Foundation to examine and verify any and all information provided n in this application. a> Date: w Signature ' c Date: ` Signature °'. d �a 0 c 0 U N R` l� N E L (L L NNy �f. N d Z 70 L) 0 1Z Cr) L d W E a C 0 E V W a Exhibit"A" C.Tocumenls and SettingAsbritto&Locat SettingsJ empWinuteTraq SanBtmardinoCityCAa;SanBemardinoCityCA.IQM2.com\Work'�Attachments'.5321,doc Packet 5.472 EXHIBIT 2 2 a� E CITY OF SAN BERNARDINO i= REQUEST FOR MONTHLY REIMBURSEMENT c /Ln V L Q. Agency/Organization: Oldtimers Foundation-Fed. ID#95-6126109 0 Address: 8572 Sierra Avenue,Fontana, CA 92335-3810 Reimbursement for the Month of: ,20 Invoice No.: d 0 Z Amount of Reimbursement: a. Administration a� b. Job Service—Labor from Exhibit 2 N c. Job Service—Material and Supplies from Exhibit 2 w Total c a 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 o payments (bills and/or receipts and check copies) for each of the expenditures listed is attached o hereto. v N ti LO (Authorized Signature) N E a. L (Type Name and Title) Q as (Date) Z ca FOR OFFICE USE ONLY a Reviewed by: L Approved by: W E a� a w d 1 E P:1AgendaslAgenda Attachments\Agenda AttachmentslAgnnts-Amend 2010/7.19.10-Oldtimers Elderly Special Needs Minor Repair Grant v Agreemen w d Packet Pg.473 9�B.b REIMBURSEMENT REQUEST ;n Budgeted Year to Date Balance E A. EXPENDITURES Amount Current Month Cumulative Available F— I. Wages-Administration 0 r a.Administrator/Acct.P,$16.83/hr. i b.Dispatcher $9.50/hr 0 L Fringe Benefits Q. a.Administrator/Accountant L O b.Dispatcher = Wages and Fringes Subtotal N .a 2.Consultant—Audit d a� 3. Travel miles P,$0.55) Z �a 4. Rent a� 5. Payroll Service Cn 6.Vehicle Maintenance L CD 7.Auto and Misc. Insurance w w 8. Cell Phone and Radio = Total Maximum Program a Administration Expense m US$80,000 9.Job Service/Wages y a. Working Foreman hrs.x$17.00 0 U b. Maintenance Worker hrs.x$13.00 N c.Material and Supplies Ln N Fringe Benefits E a. Working Foreman a b.Maintenance Worker A- M Total Job Service/Labor m Total is 10. Minimum Households Assisted Per aa'i Year at a Maximum of$1600 Z B. #of Individuals Assisted Monthly #Female Head of Household: (D } i,u Y� 1. #Low Income Level v zr ��� \),� n vil s 1}\ 2. Very Low Income Level e{� `y C 1i d ) L CD Total 1+2=B ;\ r F l 1 v { k M Zi ' t w Please attach supporting invoices and documentation. a c a� 2 P:1Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 2010/7.19.10-Oldtimers Elderly Special Needs Minor Repair Grant Agreemen Q Packet Pg.474