HomeMy WebLinkAbout04- Development Department L . VELOPMENT DEPARTME , T
OF THE CITY OF SAN BERNARDINO
REQUEST FOR COMMISSION/COUNCIL ACTION
FROM: KENNETH J. HENDERSON SUBJECT: BETHLEHEM HOUSE
Executive Director
DATE: March 15, 1994
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S nonsis of Previous Commission/Council/Committee Actions)
On September 7, 1994, the Mayor and Common Council authorized and directed the execution of a Community
Development Block Grant (CDBG) Agreement between the City and Bethlehem House Projects, Inc.
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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.
Administrator KENNETH J. ENDERSON
Executive Dire for
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Contact Person(s): Kenneth J. Henderson/Laura Muna-Landa Phone: 5081
Project Area(s): All Ward(s): 1-7
Supporting Data Attached: Staff Report; Aareements Resolutions
FUNDING REQUIREMENTS: Amount: $34,400 Source: CDBG Letter of Credit
Budget Authority: Approved September 7 1993
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Commission/Council Notes• ----
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KJH:LML:lag:bethcdbg.cdc COMMISSION MEETING AGENDA
MEETING DATE: 03/21/1994
Agenda Item Number: _
DE ' : LOPMENT DEPARTr : NT
STAFF REPORT
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A reement Between the City of San Bernardino and the
County of San Bernardino for the Bethlehem House Proiect
BACKGROUND
Previously, the Mayor and Common Council approved an allocation of$34,400 which
represents sixty-six percent (66%) of the total funding (total estimated cost $51,349) necessary
to provide various renovations to the main residence hall. The County of San Bernardino,
through its Community Development Block Grant (CDBG) program, has allocated $16,949
for the project as the shelter serves County residents as well as City residents.
The funds will be used to install a wet fire suppression sprinkler system to the existing house,
dormitories and therapy building. The fire suppression sprinkler system includes the
installation of a 2" underground service pipe (to carry the flow of water) and an emergency
egress fire door. The requirements are pursuant to the specifications of the San Bernardino
County Fire Department, which is the responsible inspecting agency.
RECOMMENDATION
The County of San Bernardino staff will assume lead responsibility for the construction
management during the project. It is now appropriate to execute the attached agreement by
and between the County and the City to formalize prior actions and deliberations.
Staff recommends adoption of the attached resolution.
tAA
KENNE�A_JNDERSON,H J. Executive Director
Development Department
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KJH:LML:1ag:bethcdbg.cdc COMMISSION MEETING AGENDA
MEETING DATE: 03/21/1994
Agenda Item Number: __
I RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT
4 FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
THE COUNTY OF SAN BERNARDINO FOR THE BETHLEHEM HOUSE
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 and City of San Bernardino is hereby authorized and
10 directed to execute, on behalf of the City, an agreement for Community Development
� 11
Block Grant funding with County of San Bernardino which agreement is attached
12
13 hereto as Exhibit "1", and is incorporated herein by referenced as though fully set forth
14 at length. The agreement provides for the granting of Community Development Block
15 Grant funds in the following amount of $34.400.
16 SECTION 2.
17
(b) The Authorizations to execute the above referenced agreement is
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19 rescinded if the parties to the agreement shall fail to execute it within sixty (60) days
20 of the passage of this Resolution.
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I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CDBG FUNDING AGREEMENT BETWEEN THE CITY
2 AND THE COUNT`' OF SAN BERNARDINO FOR THE BETHLEHEM
3 HGUSE PROJECT.
4 I HEREBY CERTIFY that he foregoing resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a meeting
6 thereof, held on the day f
Y . 1994, by the following vote, to wit:
7 COUNCILMEMBERS AYES NAYS ABSTAIN ABSENT
8
NEGRETE
9
10 CURLIN
i
11 HERNANDEZ
12 OBERHELMAN
13 DEVLIN
14 POPE-LUDLAM
15
MILLER
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17
18 City Clerk
19 The foregoing resolution is hereby approved this day of 1994.
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22 TOM MINOR, Mayor
23 Approved as to form City of San Bernardino
24 and legal content.
25 J,411IES F, PENMAN
City Aaon,ey
ILI
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beUsdbg.no
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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 WHEREOF, 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 BETHLEHEM HOUSE PROJECT, 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 Bethlehem House
Project, Inc. , a non-profit agency, hereinafter referred to as "BETHLEHEM HOUSE".
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, BETHLEHEM HOUSE has requested financial assistance from COUNTY and
CITY for the design and construction of a fire sprinkler system, and installation of
fencing and landscaping; and,
WHEREAS, COUNTY has allocated up to sixteen thousand nine hundred forty nine
dollars ($16,949) for said improvements; and,
WHEREAS, CITY has obligated thirty four thousand four hundred dollars ($34,400)
for said improvements; and,
WHEREAS, COUNTY, CITY and BETHLEHEM HOUSE recognize the public benefit in
Providing a domestic violence shelter and its related programs to victims of domestic
violence in the City of San Bernardino, the Cities of Redlands and Highland, and the
unincorporated areas of the Third and Fifth Supervisorial Districts; and,
WHEREAS, title to the property is vested with BETHLEHEM HOUSE; and,
WHEREAS, BETHLEHEM HOUSE currently maintains and operates said domestic
violence shelter program at the sole expense of BETHLEHEM HOUSE; and,
WHEREAS, COUNTY, CITY and BETHLEHEM HOUSE desire to have COUNTY manage and
direct the construction of IMPROVEMENTS.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth
and the mutual benefits to be derived therefrom, the parties agree as follows:
1. PURPOSE OF AGREEMENT
This Agreement is made for the purpose of constructing various facility
improvements at the BETHLEHEM HOUSE domestic violence shelter located at 29803
Canal Street, Highland, California, hereinafter referred to as "FACILITY" and
the maintenance and operation of said improvements.
2. SCOPE OF PROJECT
The facility improvements, hereinafter referred to as "IMPROVEMENTS" shall
consist of the design, construction management and installation of a fire
protection/sprinkler system, installation of perimeter fencing and
landscaping. Additional improvements may be included only after written
agreement between BETHLEHEM HOUSE, COUNTY, and CITY.
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BETHLEHEM HOUSE shall continue to utilize FACILITY to provide shelter and
support services to victims of domestic violence in the City of San Bernardino
and the Third and Fifth Supervisorial Districts.
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
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This Agreement shall be effective as of the date the last of the parties
hereto execute this Agreement and shall continue for not less than the
maintenance and operation period as specified in Section 6, MAINTENANCE AND
OPERATION.
5. CONSTRUCTION MANAGEMENT
COUNTY, CITY and BETHLEHEM HOUSE agree to utilize COUNTY to provide
construction management services necessary for IMPROVEMENTS in a manner
convenient and acceptable to BETHLEHEM HOUSE. COUNTY construction management
shall a
responsible for compliance with the Davis-Bacon Act,rEincluding the review of
original payrolls, and other related acts associated with the CDBG program.
4. FUNDING
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COUNTY shall provide CDBG funds in an amount not to exceed sixteen thousand
nine hundred forty nine dollars ($16,949) for the purpose of IMPROVEMENTS.
CITY shall provide CDBG funds in an amount not to exceed thirty four thousand
four hundred dollars ($34,400) for the purpose of IMPROVEMENTS. Unless
otherwise authorized by CITY and COUNTY, CITY funding shall be used for the
cost associated to the fire protection/sprinkler portion of IMPROVEMENTS.
Any cost over and above this amount shall be the financial obligation of
BETHLEHEM HOUSE. This condition however, does not preclude COUNTY or CITY
from providing additional funding at their sole discretion.
Within ten (10) working days upon written demand by COUNTY, CITY shall pay
COUNTY the amount identified in said demand for the cost of IMPROVEMENTS as
referenced above.
6• MAINTENANCE AND OPERATION
BETHLEHEM HOUSE shall have sole responsibility for the maintenance and
operation of FACILITY at the sole expense of BETHLEHEM HOUSE for a period of
not less than twenty (20) years beginning upon the date of completion of
IMPROVEMENTS. COUNTY shall notify BETHLEHEM HOUSE in writing of said date of
completion of IMPROVEMENTS. FACILITY shall be maintained and operated at all
times for the purpose of providing domestic violence shelter and support 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.
BETHLEHEM HOUSE 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.
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8. AFFIRMATIVE ACTION AND CONTRACT COMPLIANCE
BETHLEHEM HOUSE 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, BETHLEHEM
HOUSE 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. BETHLEHEM HOUSE agrees to comply with the provisions of the
Affirmative Action Compliance Program of COUNTY and CITY and rules and
regulations adopted pursuant thereto. BETHLEHEM HOUSE 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. Information on these rules and regulations may
be obtained from COUNTY Contract Compliance Officer at (909) 387-5544 or 387-
5545, or from CITY CDD at (909) 384-5081.
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. BETHLEHEM HOUSE
is responsible for obtaining from COUNTY 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. BETHLEHEM HOUSE shall
document the limited clientele status or the household income of all
beneficiaries, utilizing copies of the "Beneficiary Qualification Statement",
Exhibit 2 of 3. BETHLEHEM HOUSE shall retain these forms for three years (3)
after conclusion of this Agreement.
11. PROGRAM REPORTING.
BETHLEHEM HOUSE agrees to prepare and submit financial, program progress,
evaluations, and other reports as required by HUD or COUNTY directives.
BETHLEHEM HOUSE shall maintain such property, personnel, financial and other
records and accounts as are considered necessary by HUD or COUNTY. All
BETHLEHEM HOUSE records, with the exception of confidential client
information, shall be made available to representatives of County and the
appropriate Federal agencies. BETHLEHEM HOUSE 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. BETHLEHEM HOUSE shall submit a completed Direct Benefit
Activities form, Exhibit 3 of 3, on an annual basis for each year of this
Agreement.
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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. BETHLEHEM HOUSE 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. BETHLEHEM HOUSE, however, is obligated to promptly
notify COUNTY in writing of the occurrence of any such loss or damage.
BETHLEHEM HOUSE 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 BETHLEHEM HOUSE and COUNTY pursuant to BETHLEHEM
HOUSE request or on behalf of BETHLEHEM HOUSE, 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 BETHLEHEM HOUSE under
this Agreement were improperly expended.
13. INSURANCE RE UIREMENTS
In order to accomplish the indemnification provided in Section 12, HOLD
HARMLESS, but without limiting the indemnification, BETHLEHEM HOUSE 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 BETHLEHEM HOUSE 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 - BETHLEHEM HOUSE 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.
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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 - BETHLEHEM HOUSE 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
BETHLEHEM HOUSE shall furnish certified copies of the policies and
endorsements. BETHLEHEM HOUSE 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. BETHLEHEM HOUSE agrees to
execute any such amendment within thirty (30) days of receipt.
15. ADDITIONAL INSURANCE REOUIREMENTS
BETHLEHEM HOUSE 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
endorsements for the full replacement value of FACILITY. mischief
In the event of any
damage or destruction to FACILITY covered by the insurance, BETHLEHEM HOUSE
shall use the entire insurance proceeds to restore FACILITY. The insurance
required under this section shall be maintained by BETHLEHEM HOUSE 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. BETHLEHEM HOUSE 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
BETHLEHEM HOUSE 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 domestic violence shelter, 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.
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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 BETHLEHEM HOUSE.
18. ASSIGNMENT AND SUBLETTING
BETHLEHEM HOUSE 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 BETHLEHEM HOUSE 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 BETHLEHEM HOUSE, or if BETHLEHEM HOUSE is adjudged
bankrupt or insolvent by any court or upon BETHLEHEM HOUSE making an
assignment for the benefit of creditors, COUNTY and CITY may, at their option,
forthwith terminate this Agreement upon written notice thereof to BETHLEHEM
HOUSE, 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 BETHLEHEM HOUSE, 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, BETHLEHEM HOUSE 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 BETHLEHEM HOUSE 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 BETHLEHEM HOUSE 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, BETHLEHEM HOUSE 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 BETHLEHEM HOUSE, BETHLEHEM HOUSE shall pay to COUNTY within ten (10) days
of receipt of Notice of Termination, the sum of sixteen thousand nine hundred
forty nine dollars ($16,949) BETHLEHEM HOUSE shall pay to CITY within ten (10)
days of receipt of Notice of Termination, the sum of thirty four thousand four
hundred dollars ($34,400) . 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 domestic violence
shelter programs shall be in addition to that contained herein. Such
termination shall not excuse BETHLEHEM HOUSE from reimbursement provisions in
Section 20, HYPOTHECATION OF REAL PROPERTY.
21. TERM_INATION BY COUNTY
Notwithstanding Section 20, 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.
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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.
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26. NOTICES
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All notices shall be served in writing. The notices shall be sent to the
following addresses:
COUNTY CITY
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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
BETHLEHEM HOUSE
Bethlehem House Project, Inc.
P.O. Box 8727
Redlands, CA 92375
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.
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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 BETHLEHEM HOUSE or to any person holding under or through
him for any losses or damages of any nature whatsoever suffered or
claimed to be suffered by BETHLEHEM HOUSE or such person by reason of
such determination.
C. BETHLEHEM HOUSE 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 BETHLEHEM HOUSE 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 BETHLEHEM HOUSE, or a
joint venturer with BETHLEHEM HOUSE.
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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
SIGNED AND CERTIFIED THAT A COPY OF LEGAL CONTENT
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
By:
EARLENE SPROAT ity Atto y
Clerk of the Board of Supervisors Dated:
of the County of San Bernardino
By: BY:
City Clerk
Date:
Date:
APPROVED AS TO LEGAL FORM BETHLEHEM HO
CT, INC.
ALAN K. MARKS j
B
COUNTY COUNSEL By:
airman, oar of Directors
ectors
Date: 3
By:
fDeput un y C nseDat FED 4 1994
By:
Legal Counsel, Bethlehem House
Date:
AGMTS/94BETHLE.M&O
1/13/94/LP/bjj
1/24/94/BT/LP/bjj
2/2/94/DP/LP/bjj
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EXHIBIT 1 of 3
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Project/Activity Title: Case Number: 118-19225 1084
Highland: Facility and Site Improvements - Bethlehem House
Name/Address of Contractor Aaencv:
Date of Issue•
Bethlehem House Project, Inc.
P.O. Box 8127 X Original: Beginning 2/1/94
Redlands, CA 92375
Amendment #
PRIMARY INSURANCE POLICY INSURANCE INVENTORY
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
i
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 BERNA_jINO DEPARTMENT OF ECONOMIC AND _IMMUNITY DEVELOPMENT
Project Activit Title: Case Number: 118-19225 1084
Lghland: Facility and Site Improvements - Bethlehem House
Name/Ad ress of Contractor Agency:
v t Issue:
Bethlehem House Project, Inc. X Original: Be
P.O. Box 8127 9 ginning 2/1/94
Redlands, CA 92375 Amendment t
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
LOW $23,000 $26,300 $29,600 $32,900 $23,850 $25,500 $27,150
$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:
ADDRESS:
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.
4
EXHIBIT 3 of 3
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Project/Activity Title: Case Number: 118-19225/1084
Highland: Facility and Site Improvements - Bethlehem House
Name Address of Contractor A enc : Date of Issue:
Bethlehem House Project, Inc. X Original: Beginning 2/1/94
P.O. Box 8127
Redlands, CA 92375 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
( 1
Telephone Number
17