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HomeMy WebLinkAbout07- Developpment Department D VELOPMENT DEPARTME ,. r OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION/COUNCII. ACTION FROM: KENNETH J. HENDERSON SUBJECT: YMCA YOUTH - TEEN Executive Director CENTER PROJECT DATE: February 24, 1994 --------------------------------------------------------------------------------------------------------------------------------------------- Synoysis of Previous Commission/Council/Committee Action(s): On July 19, 1993, the Mayor and Common Council authorized and directed the execution of a Community Development Block Grant (CDBG) between the City of San Bernardino and YMCA of San Bernardino Valley. --------------------------------------------------------------------------------------------------------------------------------------------- Recommended Motion(s): (Mayor and Common Council) MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO. MU14W.0 Adm'nistrator KENNETH J. dENDERSON Executive Director --------------------------------------------------------------------------------------------------------------------------------------------- Contact Person(s): Kenneth J. Henderson/Laura Muna-Landa Phone: 5081 Project Area(s): All Ward(s): 1 - 7 Supporting Data Attached: Staff Report; Agreements; Resolution FUNDING REQUIREMENTS: Amount: $60,000 Source: CDBG Letter of Credit Budget Authority: Approved July 19, 1993 --------------------------------------------------------------------------------------------------------------------------------------------- Commission/Council Notes: -------------------------------------------------------------------------------------------------------------------------- KJH:LML:lag:ymcacdbg.cdc COMMISSION MEETING AGENDA MEETING DATE: 03/07/1994 Agenda Item Number: DE1 LOPMENT DEPARTIV. NT STAFF REPORT --------------------------------------------------------------------------------------------------------------------- Agreement Between the City of San Bernardino and the County of San Bernardino for the YMCA Youth - Teen Center Project BACKGROUND Previously, the Mayor and Common Council approved an allocation of $60,000 which represents sixty percent (60%) of the total funding (total estimated cost $100,000) necessary to design and construct renovations to the Youth-Teen Center (two rooms totaling 3,600 square feet). The County of San Bernardino, through its Community Development Block Grant (CDBG) program, has allocated $40,000 for the project. While the majority of its clientel comes from the City of San Bernardino it also serves a substantial number of County residents. The funds will be used to renovate two (2) rooms at the downtown YMCA (216 West Sixth Street) into a Youth-Teen Center. The rooms will be completely remodeled including ceilings, windows, electrical, carpeting, air conditioning, and painting. Renovation of the Youth-Teen Center will provide additional space for Youth-Teen activities for youth/teens ages seven (7) to seventeen (17). RECOMMENDATION The Development Department staff will assume lead responsibility for the construction management during the project. It is now appropriate to authorize execution of the attached agreement by and between the County and the City to formalize prior actions and implement the attached agreement. Staff recommends adoption of the attached resolution. Nwftmw KENNETH J.1HENDERSON, Executive Director Development Department ------------------------------------------------------------------------------------------------------------------------- KJH:LML:lag:ymcacdbg.cdc COMMISSION MEETING AGENDA MEETING DATE: 03/07/1994 Agenda Item Number: I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING 4 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO FOR THE YMCA YOUTH TEEN CENTER 5 PROJECT. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 7 THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 Section 1. 9 (a) The Mayor of the City of San Bernardino is hereby authorized---. - 10 and directed to execute, on behalf of the City, an agreement for Community 11 Development Block Grant funding with County of San Bernardino, which agreement is 12 13 attached hereto as Exhibit "1", and is incorporated herein by referenced as though fully 14 set forth at length. The agreement provides for the granting of Community 15 Development Block Grant funds.in the following amount $60,000. 16 Section 2. 17 (a) The Authorizations to execute the above referenced agreement is 18 rescinded if the parties to the agreement shall fail to execute it within sixty (60) days 19 of the passage of this Resolution. 20 21 u/! 22 /!/! 23 24 !!/! 25 26 27 28 I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CDBG FUNDING AGREEMENT BETWEEN THE CITY 2 AND THE COUNTY OF SAN BERNARDINO FOR THE YMCA YOUTH TEEN 3 CENTER PROJECT. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 5 Mayor and Common Council of the City of San $ernardino at a 6 meeting thereof, held on the day of , 1994, by the following vote, 7 to wit: 8 COUNCELMEMBERS AYES NAYS ABSTAIN ABSENT 10 NEGRETE 11 CURLIN 12 HERNANDEZ 13 OBERHELMAN 14 DEVLIN 15 POPE-LUDLAM 16 17 MILLER 18 19 City Clerk 20 The foregoing resolution is hereby approved this day of . 1994. 21 22 Tom Minor, Mayor City of San Bernardino 23 Approved as to 24 form and legal content: 25 JAMES F. PENMAN City Attorney 26 By. 27 28 STATE OF CALIFORNIA } COUNTY OF SAN BERNARDINO ) as CITY OF SAN BERNARDINO ) I, , City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor and Common Council of the City of San Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. IN WITNESS WBEREOF, I have hereunto set my hand and affixed the official seal of the Mayor and Common Council of the City of San Bernardino this day of 1994. City Clerk City of San Bernardino By: Deputy SAN BERNARDINO COUNTY DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT MAINTENANCE AND OPERATION AGREEMENT WITH CITY OF SAN BERNARDINO AND YMCA OF SAN BERNARDINO VALLEY, INC. This Agreement is made and entered into this day of , 19 , by and between San Bernardino County, hereinafter referred to as "COUNTY", and the City of San Bernardino, hereinafter referred to as "CITY", and the Young Men's Christian Association of San Bernardino Valley, hereinafter referred to as "YMCA". WHEREAS, COUNTY has entered into a contract with the United States of America through its Department of Housing and Urban Development (HUD) to execute COUNTY Community Development Block Grant (CDBG) Program under the Housing and Community Development Act of 1974, as amended, hereinafter referred to as the "ACT"; and, WHEREAS, COUNTY Department of Economic and Community Development, hereinafter referred to as "ECD", is authorized to act on behalf of COUNTY in administering COUNTY CDBG program; and, WHEREAS, CITY Development Department, hereinafter referred to as "CDD", is authorized to act on behalf of CITY in administering CITY CDBG program; and, WHEREAS, YMCA has requested financial assistance from COUNTY and CITY for the design and construction of renovations to two rooms totalling approximately three thousand six hundred (3,600) square feet; and, WHEREAS, COUNTY has determined that YMCA is eligible to receive federal assistance under Title I of the Act; and, WHEREAS, COUNTY has allocated up to forty thousand dollars ($40,000) for the renovation improvements; and, WHEREAS, CITY has obligated sixty thousand dollars ($60,000) for the renovation improvements; and, WHEREAS, COUNTY, CITY and YMCA recognize the public benefit in providing a teen center and its related programs to the youth from low-and moderate-income households in the City of San Bernardino and the unincorporated areas of the Fifth Supervisorial District; and WHEREAS, title to the property is vested with YMCA; and WHEREAS, YMCA currently maintains and operates said teen center program at the sole expense of YMCA; and WHEREAS, COUNTY, CITY and YMCA desire to have CITY manage and direct the construction of IMPROVEMENTS. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: 1. PURPOSE OF AGREEMENT This Agreement is made for the purpose of the renovation to, and provides for, the maintenance and operation of the YMCA Teen Center located at 216 West Sixth Street, San Bernardino, California, hereinafter referred to as "FACILITY" . 1 2. SCOPE OF PROJECT The renovation improvements, hereinafter referred to as "IMPROVEMENTS", shall consist of the remodeling of two FACILITY rooms into a 3,600 square feet teen center. The teen center will contain a multi-purpose recreation games room, a lounge area and teen center offices. Additional improvements may be included only after written agreement between YMCA, COUNTY, and CITY. YMCA shall maintain and operate the teen center for expanding its teen recreation program within the San Bernardino area. This program will provide youth development services to youth from low-and moderate-income households. YMCA Teen Center programs shall be designed to encourage primary participation by youth from qualifying census tracts. Unless as specified otherwise, ECD shall have the authority to represent COUNTY regarding the terms and conditions of this Agreement, and CDD shall have the authority to represent CITY regarding the terms and conditions of this Agreement. 3. TIME OF PERFORMANCE This Agreement shall be effective as of the date the last of the parties hereto execute this Agreement and the maintenance and operation period as specified in Section 6, MAINTENANCE AND OPERATION. 4. FUNDING COUNTY shall provide CDBG funds in an amount not to exceed forty thousand dollars ($40,000) for the purpose of constructing IMPROVEMENTS. CITY shall provide CDBG funds in an amount not to exceed sixty thousand dollars ($60,000) for the purpose of design and construction of IMPROVEMENTS. Within thirty (30) working days upon written demand by CITY, COUNTY shall pay appropriate costs associated with completion of IMPROVEMENTS. Appropriate invoiced documents shall be included in said written demand by CITY. YMCA shall have the sole responsibility for obtaining additional funds necessary to design and construct FACILITY. This condition however, does not preclude COUNTY and CITY from providing additional funding at their sole discretion. 5. CONSTRUCTION MANAGEMENT COUNTY, CITY and YMCA agree to utilize CITY to provide construction management and inspection services necessary for IMPROVEMENTS in a manner convenient and acceptable to YMCA. CITY will be responsible for compliance with the Davis- Bacon Act, including the review of original payrolls, and other related acts associated with the CDBG program 6. MAINTENANCE AND OPERATION YMCA shall have sole responsibility for the maintenance and operation of FACILITY at the sole expense of YMCA for a period of not less than twenty (20) years beginning upon the date of completion of IMPROVEMENTS. CITY shall notify COUNTY and YMCA in writing of said date of completion of IMPROVEMENTS. FACILITY shall be maintained and operated at all times for the purpose of providing youth development services as identified in Section 2, SCOPE OF PROJECT, and in accordance with federal, state and local laws, regulations and safety standards. 7. ON-SITE INSPECTION COUNTY, CITY, their officers, agents, employees, persons under contract with COUNTY or CITY and representatives of HUD, will have the privilege and right to on-site inspection of the FACILITY for the duration of this Agreement. YMCA will require that its employees or agents furnish any information, that in the judgement of COUNTY, CITY, and HUD representatives, may be relevant to a question of compliance with contractual conditions, HUD directives, or the effectiveness, legality, and achievements of the program. 2 8. AFFIRMATIVE ACTION AND CONTRACT COMPLIANCE YMCA shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, YMCA shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly as a result of this Agreement. COUNTY and CITY have a goal of 15 percent (15%) minority business enterprise (MBE) and 5 percent (5%) women business enterprise (WBE) participation for all Agreements. YMCA and CITY agrees to comply with the provisions of the Affirmative Action Compliance Program of COUNTY and CITY and rules and regulations adopted pursuant thereto. YMCA shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practice Act, California Public Contracts Code 2000 and COUNTY M/WBE Policy No. 11-15, and other applicable federal, state, and local laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. 9. COMPLIANCE WITH LAWS All parties agree to be bound by applicable federal, state and local laws, ordinances, regulations and directives as they pertain to the performance of this Agreement. This Agreement is subject to and incorporates the terms of the ACT; 24 Code of Federal Regulations, Part 570, Chapter V and; U.S. Office of Management and Budget Circular A-87. 10. BENEFICIARY QUALIFICATION. Beneficiaries qualifying on the basis of income shall have an annual income equal to or less than the U.S. Department of Housing and Urban Development (HUD) Section 8 (of the United States Housing Act of 1937) Income Limits. HUD Section 8 Income Limits for the Riverside-San Bernardino PMSA, define the maximum family income for low-and moderate-income households. YMCA is responsible for obtaining from COUNTY and CITY the said current applicable HUD Section 8 Income Limits for each year of the Agreement term identified in Paragraph 3, Time of Performance. Under CDBG regulations, the following clientele categories are presumed to be low-and moderate-income persons and can qualify for service regardless of income: Abused Children; Battered Spouses; Elderly Persons (60 and older) ; Handicapped Persons; Homeless Persons; Illiterate Persons; Migrant Farm Workers. YMCA shall document the limited clientele status or the household income of all beneficiaries, utilizing copies of the "Beneficiary Qualification Statement", Exhibit 2 of 3. YMCA shall retain these forms for three years (3) after conclusion of this Agreement. 11. PROGRAM REPORTING. YMCA agrees to prepare and submit financial, program progress, evaluations, and other reports as required by HUD or COUNTY directives. YMCA shall maintain such property, personnel, financial and other records and accounts as are considered necessary by HUD or COUNTY. All YMCA records, with the exception of confidential client information, shall be made available to representatives of County and the appropriate Federal agencies. YMCA is required to submit data necessary to complete the Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated by COUNTY Director of ECD or his designee. YMCA shall submit a completed Direct Benefit Activities form, Exhibit 3 of 3, on an annual basis for each year of this Agreement. 3 12. HOLD HARMLESS Each party shall indemnify and hold the other party, its officers, agents, volunteers and employees, harmless from and against any loss, liability, claim, or damage that may arise or result from its activities and those of its officers, agents, volunteers and employees; and each party shall, at its own cost, expense and risk, defend any legal proceedings that may be brought against the other party, its officers, agents, and employees, on any liability, claim or demand and satisfy any judgement that may be rendered against any of them arising or resulting from its activities and those of its officers, agents, and employees without waiving its right for subsequent 50% reimbursement of expenditures. CITY shall assume liability for all and any direct expense incurred in providing services pursuant to this Contract and shall assume any and all responsibilities for loss or damage resulting from negligence, injury, illness, or disease arising out of the provision of services. CITY, however, is obligated to promptly notify COUNTY in writing of the occurrence of any such loss or damage. YMCA shall indemnify and hold harmless COUNTY and CITY against any liability, claims, losses, demands, and actions incurred by COUNTY and CITY as a result of a determination by HUD or its successor or any other applicable agency of the Federal government that activities undertaken by or under the direction and control of YMCA and COUNTY pursuant to YMCA request or on behalf of YMCA, under the terms of this Agreement, fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to YMCA under this Agreement were improperly expended. 13. INSURANCE REQUIREMENTS In order to accomplish the indemnification provided in Section 12, HOLD HARMLESS, but without limiting the indemnification, YMCA shall secure and maintain throughout the term of this Agreement the following types of insurance issued by companies acceptable to COUNTY and CITY Risk Managers with limits as shown: Workers' Compensation - A program of Worker's Compensation insurance or a state-approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of YMCA and all risks to such persons under this Agreement. Comprehensive General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000) . Errors and Omissions Liability Insurance - Combined single limits of one million dollars ($1,000,000) for bodily injury and property damage; or, Professional Liability - Professional liability insurance with limits of at least one million dollars ($1,000,000) per claim and in the aggregate. Additional Named Insured - All policies, except for the Workers' Compensation coverage and Errors and Omissions or Professional Liability, shall contain additional endorsements naming COUNTY and CITY employees, agents, volunteers, and officers as additional named insured with respect to liabilities arising out of the performance of services hereunder. For Professional Liability coverage COUNTY and CITY shall be named as a designated person referencing this Agreement's Number on the policy. Waiver of Subrogation Rights - YMCA shall require the carriers of the above required coverage to waive all rights of subrogation against COUNTY and CITY, their officers, volunteers, employees, contractors and subcontractors. 4 Policies Primary and Non-Contributory - All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by COUNTY and CITY. Proof of Coverage - YMCA shall immediately furnish certificates of insurance to ECD evidencing the insurance coverage above required prior to the commencement of performance of services hereunder. These certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to COUNTY and CITY. Within sixty (60) days of the commencement of this Agreement YMCA shall furnish certified copies of the policies and endorsements. YMCA shall complete and submit Agreement Exhibit 1 of 3, Insurance Inventory, along with the above required insurance documents. 14. INSURANCE REVIEW The above insurance requirements are subject to periodic review by COUNTY and CITY. COUNTY Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Managers determine that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests of COUNTY and CITY. In addition, if the Risk Managers determine that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Managers are authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against COUNTY and CITY, inflation, or any other item reasonably related to COUNTY and CITY risk. Any such reduction or waiver for the entire term of this Agreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. YMCA agrees to execute any such amendment within thirty (30) days of receipt. 15. ADDITIONAL INSURANCE REQUIREMENTS YMCA shall, at its sole expense, obtain and deliver to COUNTY and CITY for their approval, certification(s) or policy(s) of standard fire insurance with extended coverage and vandalism and malicious mischief endorsements for the full replacement value of FACILITY. In the event of any damage or destruction to FACILITY covered by the insurance, YMCA shall use the entire insurance proceeds to restore FACILITY. The insurance required under this section shall be maintained by YMCA at its sole expense for the term of this Agreement. Said insurance shall contain endorsements providing that the insurance company issuing the insurance will not cancel or reduce the insurance coverage without thirty (30) days prior written notice to COUNTY and CITY. YMCA shall inform COUNTY and CITY in writing of any change, expiration or renewal of said insurance within thirty (30) days of the effective date of change. 16. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES YMCA agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the work required under this Agreement and no funds made available under this Agreement shall be used to promote any religious or political activities. The teen center, however, may be used on an incidental basis to hold political meetings, candidate forums, or voter registration campaigns, provided that all parties and organizations have access to the facility on an equal basis, and are assessed equal rent or use charges, if any. 5 17. DISCRIMINATION No person shall, on the grounds of race, sex, creed, color, religion, or national origin, be excluded from participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs, or employment by YMCA. 18. ASSIGNMENT AND SUBLETTING YMCA shall not assign, subordinate, or sue for financing, this Agreement or any interest therein, unless COUNTY and CITY have previously given their written consent. Provided, however, that any approved assignment shall be subject to all the terms, covenants, and conditions of the Agreement. If YMCA attempts to effect any unauthorized assignment, or transfer occurs by operation of law, or this Agreement or any interest therein is subjected to garnishment or sale under any execution of any suit or proceeding brought against or by YMCA, or if YMCA is adjudged bankrupt or insolvent by any court or upon YMCA making an assignment for the benefit of creditors, COUNTY and CITY may, at their option, forthwith terminate this Agreement upon written notice thereof to YMCA, and thereupon, no one but COUNTY and CITY shall have any further rights hereunder. 19. HYPOTHECATION OF REAL PROPERTY During the term of this Agreement, neither YMCA, nor its successors, shall cause to be placed or permit to be placed any encumbrance or lien on the real property covered under this Agreement, or shall sell, transfer, mortgage or hypothecate FACILITY without the written authorization of COUNTY and CITY. Notwithstanding Section 20, VIOLATION OF AGREEMENT, and any other provisions herein, YMCA shall reimburse COUNTY and CITY for the fair market value of FACILITY less any portion thereof attributable to expenditures of non-CDBG funds for FACILITY, should YMCA sell, hypothecate, mortgage or encumber FACILITY without the written authorization of COUNTY and CITY during the term of this Agreement. 20. VIOLATION OF AGREEMENT In the event that YMCA violates any of the terms and conditions of this Agreement, COUNTY and CITY shall give written notice of violation and demand for correction. If, within thirty (30) days from receipt of written notice, YMCA has not corrected the violation or shown acceptable cause, COUNTY and CITY has the right to terminate this Agreement. It is agreed that in the event of a termination due to a violation of this Agreement by YMCA, YMCA shall pay to COUNTY within ten (10) days of receipt of Notice of Termination, the sum of forty thousand dollars ($40,000) and YMCA shall pay to CITY within ten (10) days of receipt of Notice of Termination, the sum of sixty thousand dollars ($60,000) . Said sum is agreed to represent a reasonable endeavor by both parties hereto, to be a fair compensation for the foreseeable losses that might result from such a breach or default. Penalties and damages covered under separate agreements with COUNTY and CITY for teen center programs shall be in addition to that contained herein. Such termination shall not excuse YMCA from reimbursement provisions in Section 20, HYPOTHECATION OF REAL PROPERTY. 21. TERMINATION BY COUNTY Notwithstanding Section 21, VIOLATION OF AGREEMENT, COUNTY and CITY may immediately terminate this Agreement upon the termination, suspension, discontinuation or substantial reduction in CDBG funding of the Agreement activity or the reprogramming of said funds as deemed necessary by COUNTY and CITY, or for the convenience of COUNTY or CITY. 6 22. REVERSION OF ASSETS All real property acquired or improved in whole or in part with CDBG funds in excess of $25,000 under this Agreement must continue in the use that provides the service benefits and national objectives for which it was funded until five years after expiration of this Agreement as set forth in 24 CFR 470, or such longer period of time as determined by COUNTY OR CITY; or it must be disposed of in a manner resulting in a reimbursement to COUNTY or CITY in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. 23. AMENDMENTS: VARIATIONS This writing with attachments, embodies the whole of this Agreement of the parties hereto. There are no oral agreements not contained herein. Except as herein provided, addition or variation of the terms of this Agreement shall not be valid unless made in the form of a written amendment to this Agreement formally approved and executed by the parties. 24. INVALID CONDITIONS If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 25. BINDING INTEREST This Agreement shall be binding on the parties, successors in interest, heirs and assigns. 26. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: COUNTY CITY County of San Bernardino City of San Bernardino Department of Economic and Economic Development Agency Community Development Community Development Department 474 West Fifth Street 201 North "E" Street, Ste. 301 San Bernardino, CA 92415-0040 San Bernardino, CA 92401 YMCA YMCA of San Bernardino Valley 216 West Sixth Street San Bernardino, CA 92401 27. EASEMENTS, TRUSTS AND WARRANTIES A. It is expressly understood and agreed that this Agreement and all rights and privileges hereunder granted are subject to all easements and rights-of-way now existing in, to, under or over the said premises for any purpose whatsoever. B. In the event that this Agreement or any provision thereof shall be declared null and void by a court of competent jurisdiction, COUNTY, CITY or any of their respective officers, agents or employees, or members of COUNTY Board of Supervisors and CITY Common Council shall not be liable to YMCA or to any person holding under or through him for any losses or damages of any nature whatsoever suffered or claimed to be 7 i suffered by YMCA or such person by reason of such determination. C. YMCA assumes all risks incident to the use and management of said premises in its present condition or in any condition thereof which may prevail during the term of this Agreement. D. Any major changes required by a competent government jurisdiction to the Agreement which are beyond the control of YMCA will make the Agreement terms subject to renegotiation. E. It is expressly understood and agreed that COUNTY and CITY do not, in any way nor for any purpose, become partners of YMCA, or a joint venturer with YMCA. 8 i IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO By: By: Chairman, Board of Supervisors Mayor Date: Date: APPROVED AS TO FORM AND LEGAL CONTENT SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By: ity Atto ey EARLENE SPROAT Clerk of the Board of Supervisors Dated: of the County of San Bernardino By: By: City Clerk Date: Date: APPROVED AS TO LEGAL FORM YMCA OF SAN BERNARDINO VALLEY, INC. ALAN K. MARKS By. 0 41ZIA COUNTY COUNSEL Chairman, Board of Directors Date: By: ' Deputry unty Cou el Date: FEB 14 1994 By: NONE Legal Counsel Date: AGMTS/94YMCASB.M&O 1/10/94/LP/bjj 1/19/94/LP/bjj 1/24/94/LP/bjj 9 EXHIBIT 1 of 3 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Project/Activity Title: Case Number: 350-19502/1108 Fifth District: Teen Center Remodel - San Bernardino YMCA Name/Address of Contractor Agency: Date of Issue: YMCA of San Bernardino Valley, Inc. X Original: 216 W. Sixth Street San Bernardino, CA 92401 Amendment # INSURANCE INVENTORY PRIMARY INSURANCE POLICY Name of Contractor's Insurance Company Effective Dates of Policy Claims Made Policy / / Per Occurrence Policy Limits of Liability Deductibles: Per Occurrence Annual Aggregate Additional Insured Endorsement Attached Yes No Certified Copy of Policy Attached Yes No Certificate of Insurance Attached Yes No EXCESS/UMBRELLA POLICY Name of Contractor's Insurance Company Effective Dates Limits of Liability Underlying Coverage limits Name of Underlying Company Additional Insured Endorsement Attached Yes No Certified Policy (copy of) Attached Yes No Certificate of Insurance Attached Yes No EXHIBIT 2 of 3 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Project/Activity Title: Case Number: 350-19502/1108 �fth District: Teen Center Remodel - San Bernardino YMCA Name/Address of Contractor Agency: Date of Issue: YMCA of San Bernardino Valley, Inc. X Original: 216 W. Sixth Street San Bernardino, CA 92401 Amendment # BENEFICIARY QUALIFICATION STATEMENT This form has the purpose of providing information needed to qualify the use of Federal Community Development Block Grant (CDBG) funds for the project/activity described above. This statement must be completed and signed by person (legal guardian) requesting to receive benefits from the described project/activity. Please answer each of the following questions. 1. For this question a household is a group of related or unrelated persons occupying the same house with at least one member being the head of the household. Renters, roomers or borders cannot be included as household members. How many persons are in your household? 2. For this question a list of the 1993-94 VERY LOW and LOW income categories are presented below. Please calculate the combined gross annual income of all persons in your household from all sources of income. State, yes or no, if your combined gross annual household income is equal to or less than the VERY LOW amount for the number of persons in your household. State, yes or no, if your combined gross annual household income is equal to or less than the LOW amount for the number of persons in your household. Number of Persons in Your Household 1 2 3 4 5 6 7 8+ VERY LOW $14,400 $16,450 $18,500 $20,550 $22,200 $23,850 $25,500 $27,150 LOW $23,000 $26,300 $29,600 $32,900 $35,500 $38,150 $40,750 $43,400 3. Do you identify yourself as: _White _Black _Hispanic _American Indian _Asian _Other 4. Please state, yes or no, if you are a female Head of Household? 5. Please describe the condition that would qualify you as being considered in one of the following categories: low- and moderate-income household, abused child, battered spouse, elderly person, homeless person, disabled person, illiterate person or migrant farm worker. ACKNOWLEDGEMENT AND DISCLAIMER I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MADE ON THIS FORM ARE TRUE. NAME: DATE: 'DRESS: PHONE NO: SIGNATURE: The information you provide on this form is for Community Development Block Grant (CDBG) program purposes only and will be kept confidential. EXHIBIT 3 of 3 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Project/Activity Title: Case Number: 350-19502/1108 Fifth District: Teen Center Remodel - San Bernardino YMCA Name/Address of Contractor Agency: Date of Issue: YMCA of San Bernardino Valley, Inc. X Original: 216 W. Sixth Street San Bernardino, CA 92401 Amendment # DIRECT BENEFIT Number of Households or Persons Directly Assisted Low and Moderate Income Low Income White, Not Hispanic Origin Black, Not Hispanic Origin American Indian/Alaskan Native Hispanic Asian Pacific Islander Households (H) or Persons (P) (P or H) Female Headed Households Households or Persons (total) Reporting Office Contact Person through Reporting Period Signature Telephone Number 10