HomeMy WebLinkAbout16- Parks, Recreation & Community Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: ANNIE F. RAMOS, DIRECTOR Subject: RESOLUTION OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE
Dept: PARKS, RECREATION &COMMUNITY EXECUTION OF A CONTRACT WITH
SAN BERNARDINO COUNTY
Date: MARCH 3, 1999 ECONOMIC AND COMMUNITY
� DEVELOPMENT FOR CLASSROOM
ORDINAL AND SWIM POOL IMPROVEMENTS
AT THE BOYS AND GIRLS CLUB.
Synopsis of Previous Council Action:
None
Recommended motion:
Adopt the Resolution
S
Signature
Contact person: John Kramer Phone:
Supporting data attached: Staff Report, Reso &Agreement Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Desription)
Finance:
Council Notes:
3/2/99 Agenda Item No.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Resolution of the City of San Bernardino authorizing the execution of an
agreement for classroom and swim pool improvements at Boys and Girls Club with San
Bernardino County Economic and Community Development.
BACKGROUND: The Boys and Girls Club has procured County CDBG funding in the
amount of $10,000 for classroom improvements and replacement of the swimming pool
pump. The classroom improvements will allow the facility to accommodate the "Boys
Club Academy School," a Superintendent of County Schools program. The pump
replacement is essential for the continued safe and sanitary operation of the swimming
pool.
As owner and landlord of the Boys Club facility, the City is required to administer the
ECD contract. Required City in-kind support is provided through the furnishing of
swimming pool chemicals, janitorial supplies and City CDBG funding for facility utility
costs. Facilities Management will provide the labor to install the pump.
FINANCIAL IMPACT: There is no additional cost to the City in excess of that which
is already being included in the City's budget. Costs for renovation will be funded by the
grant.
RECOMMENDATION: Adopt resolution.
A 001PT
RESOLUTION NO.
1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AN AGREEMENT FOR CLASSROOM AND SWIM POOL
3 IMPROVEMENTS AT BOYS AND GIRLS CLUB WITH SAN BERNARDINO
COUNTY ECONOMIC AND COMMUNITY DEVELOPMENT.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
8
9 directed to execute on behalf of said City an agreement with the San Bernardino County
10
Economic and Community Development relating to classroom and swim pool improvements at
11 the Boys and Girls Club, a copy of which is attached hereto, marked Exhibit "A" and
12 incorporated herein by reference as fully as though set forth at length.
13
SECTION 2. The authorization granted hereunder shall expire and be void and of no
14
further effect if the agreement is not executed by both parties and returned to the Office of the
15
16 City Clerk within 60 days following effective date of Resolution.
17
18
19
20
21
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23
24
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3/2/99
27
28
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
1 EXECUTION OF AN AGREEMENT FOR CLASSROOM AND SWIM POOL
IMPROVEMENTS AT BOYS AND GIRLS CLUB WITH SAN BERNARDINO
2 COUNTY ECONOMIC AND COMMUNITY DEVELOPMENT.
3
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
4
and Common Council of the City of San Bernardino at a Meeting,
5 thereof, held on the day of 1999, by the following vote to
6 with:
7 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9
LIEN
10
11 MC GINNIS
12 SCHNETZ
13 DEVLIN
14 DEAN-ANDERSON
15
MILLER
16
17
18 Rachel Clark, City Clerk
19 The foregoing resolution is hereby approved this day of
20
' 1999.
21
22 JUDITH VALLES, MAYOR
City of San Bernardino
23 Approved as to form
And Legal content:
24
25 James F. Penman
City ttorney
26 -}
By:
27 3/ b-Reso-Boys&Girls Club
28
2
J.999-75 (#16) FOR COUNTY USE ONLY
E X New Vendor Code Dept. Contract Number
M Change ECD
i X Cancel
_ County Department Dept. Orgn. Contractor's License No.
ECONOMIC AND COMMUNITY DEVELOPMENT ECD PROJ
County Department Contract Representative Ph.Ext. Amount of Contract
THOMAS R. LAURIN 0808 $10,000
County of San Bernardino Fund Dept. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number
F A S SBA ECD PROD 00001816
Commodity Code Estimated Payment Total by Fiscal Year
CONTRACT TRANSMITTAL FY Amount I/D FY Amount l/D
Project Name _
Fifth District: Facility 98 $10,000 COPY Rehabilitation—Boys&Girls Club _
350-24702
CONTRACTOR Boys and Girls Club of San Bernardino
Birth Date N/A Federal ID No. or Social Security No. 95-2508873
Contractor's Representative Clifford Hackney, Executive Director
Address 1180 West 9th Street, San Bernardino, CA 92411 Phone 909-888-6751
Nature of Contract: (Briefly describe the general terms of the contract)
This agreement between the County of San Bernardino, the City of San Bernardino, and the Boys and Girls Club
of San Bernardino provides for $10,000 of Community Development Block Grant (CDBG) funds for the
rehabilitation of the Boys and Girls Club facility in San Bernardino. The Boys and Girls Club will be responsible for
maintenance and operation of the facility at their sole expense for no less than five (5) years following the date of
completion of the rehabilitation work. The City of San Bernardino will provide construction management services
for the completion of the improvements stated in this Contract. Boys and Girls Club provides programs and
services to youths from low and moderate-income households in the Fifth Supervisorial District and the City of
San Bernardino.
(Attach this transmittal to all contracts not prepared on the "Standard Contract"form.)
A roved Qas/tto�Leqal Fo Reviewed as to Affiriiatiye Act, Reviewed for Processing
County Counsel C pq► Agency Administrator/CAO
Date 4� Z4 �4 1 Date y��� / / Date
1999-75
SAN BERNARDINO COUNTY
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
MAINTENANCE AND OPERATION CONTRACT
WITH THE CITY OF SAN BERNARDINO
AND THE BOYS AND GIRLS CLUB OF SAN BERNARDINO
This Contract is made and entered into this 3rd day of May , 19D9 , by and between San
Bernardino County, hereinafter referred to as "COUNTY", the City of San Bernardino hereinafter referred to as "CITY",
and the Boys and Girls Club of San Bernardino, hereinafter referred to as "CLUB".
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, the City of San Bernardino Department of Parks, Recreation, and Community Services, hereinafter
referred to as "PARKS" is authorized to act on behalf of CITY to direct the use and structural maintenance of CITY facilities;
and,
WHEREAS, title to the Boys and Girls Club of San Bernardino facility, located at 1180 West 9th Street, San
Bernardino, hereinafter referred to as "FACILITY", is vested with CITY; and property is leased to CLUB; and,
WHEREAS, this contract between the herein-named parties delineates only the responsibilities of the parties as
regards this contract and is not intended to supercede any contract between the CITY as lessor and CLUB as lessee; and,
WHEREAS, COUNTY Board of Supervisors has approved CDBG funding in the amount of ten thousand dollars
($10,000) for various facility rehabilitation improvements at FACILITY; and CITY has paid sixteen thousand seven hundred
dollars ($16,700) in utility costs to operate FACILITY, which provides programs and services to youths from low-and-
moderate-income households through other agencies; and,
WHEREAS, COUNTY, CITY, and CLUB recognize the public benefit in rehabilitating FACILITY for the
continuation of programs and services to youths from low-and-moderate-income households of the Fifth Supervisorial District
and the City of San Bernardino; and,
WHEREAS, COUNTY, CITY, and CLUB desire to have CITY manage and direct the construction of the
improvements.
NOW,THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived
therefrom,the parties agree as follows:
1. PURPOSE OF CONTRACT
This Contract is made for the purpose of identifying the parties responsible for the rehabilitation, maintenance and
operation of the FACILITY.
1999-75
2. SCOPE OF PROJECT
CITY shall construct various FACILITY rehabilitation improvements, hereinafter referred to as
"IMPROVEMENTS", to include the purchase of a swimming pool pump and the rehabilitation of a computer
learning center classroom.
Additional improvements may be included as a part of this Contract only after written agreement between COUNTY
CITY, and CLUB.
CLUB shall maintain FACILITY for the operation of educational and after school programs and services to youths
from low-and-moderate-income households in the City of San Bernardino and surrounding communities of the Fifth
Supervisorial District.
Unless as specified otherwise, ECD shall have the authority to represent COUNTY regarding the terms and
conditions of this Contract and the administration thereof, and PARKS shall have the authority to represent CITY
regarding the terms and conditions of this Contract and the administration thereof. CITY shall provide COUNTY
with all documents necessary to comply with CDBG Program regulations.
3. TIME OF PERFORMANCE
This Contract shall be effective as of the date of the last of the parties hereto execute this Contract and shall continue
for not less than the maintenance and operation period as specified in Section 7, MAINTENANCE AND
OPERATION.
4. FUNDING
COUNTY shall provide CDBG funds in an amount not to exceed ten thousand dollars($10,000) for the purpose of
constructing IMPROVEMENTS. Any costs to construct IMPROVEMENTS in excess of the amounts available in
this section shall be the sole responsibility of CLUB. This condition however, does not preclude COUNTY and
CITY from providing additional funding at their sole discretion
5. CONSTRUCTION MANAGEMENT
COUNTY, CITY,and CLUB agree CITY shall provide construction management services necessary for the timely
and successful completion of IMPROVEMENTS. CITY will be responsible for compliance with the Davis-Bacon
Act and other related acts associated with the CDBG program. COUNTY shall provide project administrative
services for activities related to completion of IMPROVEMENTS, to include review of bid documents and bid
procedures. CITY shall use the attached 'Request for Approval", Exhibit 5 of 6 to request approval from COUNTY
to go out to bid or to award any contract(s) prior to actual bidding or awarding of contract(s), as identified in the
attached "Coordination Provisions for Federal Labor Compliance, Exhibit 6 of 6. CITY shall submit to ECD all
necessary documents to verify compliance with federal labor standards, including the weekly certified payroll form
WE 347,with original signatures.
CITY may use force account labor for construction of all or a portion of IMPROVEMENTS. Where force account
labor is used, CITY will provide to ECD, prior to start of construction, the names of CITY staff who will engage
in construction, and the scope of work to be performed.
1999-75
6. COMPENSATION AND METHOD OF PAYMENT
Disbursement of payments to CITY for construction of IMPROVEMENTS shall be in the form of reimbursements.
All reimbursement requests must be documented with "audit ready" supportive evidence of each expenditure and
proof of payment, in accordance with HUD regulations. Where reimbursement for force account labor is being
requested, CITY must include time cards and a description of work completed for each time card period, and wage
earning distribution statements for all staff time being reimbursed.
7. MAINTENANCE AND OPERATION
CLUB shall have sole responsibility for the maintenance and operation of IMPROVEMENTS at the sole expense
of CLUB for a period of not less than five(5)years beginning upon the date of completion of FACILITY. COUNTY
and CITY shall notify CLUB in writing of said date of completion of FACILITY. FACILITY shall be maintained
and operated at all times for the purpose of providing programs and services to youths from low-and-moderate-
income households as identified in Section 2, SCOPE OF PROJECT,and in accordance with federal, state and local
laws, regulations and safety standards. CLUB shall be responsible for completing and submitting to COUNTY,any
and all facility Certification forms provided by COUNTY and CITY on the use of FACILITY.
8. USE OF PROPERTY
CITY acknowledges that COUNTY will fund IMPROVEMENTS provided for herein based solely on the existence
of a lease between CITY and CLUB that continues in effect for at least the duration of this Contract, as set forth in
Section 3. TIME OF PERFORMANCE. Should CLUB quit the premises prior to the expiration of this Contract,
CITY will only allow a non-profit organization qualified under the CDBG program to use FACILITY. CITY shall
notify COUNTY of any change to the use or operation of FACILITY. Use of FACILITY and IMPROVEMENTS
for a non-CDBG eligible activity shall constitute a violation of this Contract.
9. ON-SITE INSPECTION
COUNTY and CITY, their officers, agents, employees, persons under contract with COUNTY and CITY, and
representatives of HUD,will have the privilege and right to on-site inspection of the FACILITY for the duration of
this Contract. CLUB will ensure 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.
10. CONTRACT COMPLIANCE
CLUB will take all necessary affirmative action steps to assure that minority firms,women's business enterprises,
and Labor surplus Area Firms (a firm located in an area of high unemployment) are used when possible in
compliance with provisions of title 24 code of Federal Regulations Part 85.36(e).
CLUB shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250,title VII of the Civil Rights
Act of 1964,the California Fair Employment and Housing Act, County Policy 11-15, and other applicable Federal
and State and County laws, regulations and policies relating to equal employment and contracting opportunities,
including laws and regulations hereafter enacted.
1999-75
CLUB shall make every effort to ensure that all projects funded wholly or in part by CDBG Program funds shall
provide equal employment and career advancement opportunities for minorities and women. In addition,CLUB shall
make every effort to employ residents of the area and shall keep a record of CLUB staff positions that have been
created directly as a result of this program.
11. 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 Contract. This Contract 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.
12. CLUB'S WARRANTY OF ADHERENCE TO COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM
CLUB acknowledges that COUNTY has established a goal of ensuring that all individuals who benefit financially
from COUNTY through contract are in compliance with their court-ordered child, family and spousal support
obligations in order to mitigate the economic burden otherwise imposed upon COUNTY and its taxpayers. As
required by COUNTY'S Child Support Compliance Program (County Code Section 110.0101 et seq.)and without
limiting CLUB'S duty under this contract to comply with all applicable provisions of law, CLUB warrants that it is
now in compliance and shall during the term of this contract maintain compliance with employment and wage
reporting requirements as required by the Federal Social Security Act (42 USC Section 653a) and California
Unemployment Insurance Code Section 1088.5, and shall implement all lawfully served Wage and Earnings
Withholding Orders or District Attorney Notices of Wage and Earnings Assignment for Child or Spousal Support
Pursuant to Code of Civil Procedure Section 706.031 and Family Code Section 5246(b). Contractor hereby certifies
that it has submitted to the County a completed Principal Owner Information(POI Form, Exhibit 3 of 6)and Child
Support Compliance Program Certification(CSCP Certification, Exhibit 4 of 6).
TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTY'S CHILD
SUPPORT COMPLIANCE PROGRAM
Failure of CLUB to maintain compliance with the requirements set forth in the preceding paragraph shall constitute
a default by CLUB under this contract. Without limiting the rights and remedies available to COUNTY under law
or under any other provision of this contract,failure to cure such default within ninety(90)days of notice by the San
Bernardino County District Attorney shall be grounds upon which the County Board of Supervisors may terminate
this contract.
13. INDEMNIFICATION
CITY and CLUB agree to indemnify,defend and hold harmless COUNTY and their respective authorized officers,
employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of
this Contract from any cause whatsoever, including the acts,errors or omissions of any person and for any costs or
expenses incurred by COUNTY on account of any claim therefore, except where such indemnification is prohibited
by law.
CLUB agrees to indemnify, defend and hold harmless CITY and their respective authorized officers, employees,
agents and volunteers from any and all claims, actions, losses,damages, and/or liability arising out of this Contract
from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses
incurred by CITY on account of any claim therefore, except where such indemnification is prohibited by law.
1999-75
CITY and CLUB shall indemnify and hold harmless COUNTY and their respective authorized officers, employees,
agents and volunteers from any liability, claims, losses, demands, and actions incurred by COUNTY as a result of
the determination by HUD or its successor that activities undertaken by CLUB and CITY under the program(s)fail
to comply with any laws,regulations or policies applicable thereto or that any funds billed by and disbursed to CLUB
and CITY under this Contract were improperly expended.
CLUB shall indemnify and hold harmless CITY and their respective authorized officers, employees, agents and
volunteers from any liability,claims, losses,demands, and actions incurred by CITY as a result of the determination
by HUD or its successor that activities undertaken by CLUB under the program(s) fail to comply with any laws,
regulations or policies applicable thereto or that any funds billed by and disbursed to CLUB and CITY under this
Contract were improperly expended.
14. INSURANCE REQUIREMENTS
Without in any way affecting the indemnity herein provided and in addition thereto,CLUB shall secure and maintain
throughout the Contract the following types of insurance 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 CLUB and all risks to such persons under this Contract.
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$1,000,000 for bodily injury and
property damage and$ 3,000,000 in the aggregate or
Professional Liability - Professional liability insurance with limits of at least $1,000,000 per claim or
occurrence.
Additional Named Insured - All policies, except for Workers' Compensation, Errors and Omissions and
Professional Liability policies, shall contain additional endorsements naming COUNTY and CITY and their
officers,employees,agents,and volunteers as additional named insured with respect to liabilities arising out
of the performance of services hereunder.
Waiver of Subrogation Rights- Except for Errors and Omissions and Professional Liability, CLUB shall
require the carriers of the above required coverage to waive all rights of subrogation against COUNTY and
CITY and,their officers, employees, agents,volunteers,contractors and subcontractors.
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-CLUB shall immediately furnish certificates of insurance to ECD and PARKS evidencing
the insurance coverage, including endorsements,above required prior to the commencement of performance
of services hereunder,which shall provide that such insurance shall not be terminated or expire without thirty
(30)days written notice to ECD and PARKS,and CLUB shall maintain such insurance from the time CLUB
1999-75'
commences performance of services hereunder until the completion of such services. Within sixty(60)days
of the commencement of this Contract, CLUB and shall furnish certified copies of the policies and all
endorsements. CLUB shall complete and submit Contract Exhibit 1 of 6, Insurance Inventory, along with
the above-required insurance documents.
15. INSURANCE REVIEW
The above insurance requirements are subject to periodic review by COUNTY. COUNTY's and CITY's Risk
Managers are authorized, but not required, to reduce or waive any of the above insurance requirements whenever
the Risk Manager determines 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 the COUNTY's and
CITY's risk.
Any such reduction or waiver for the entire term of the Contract and any change requiring additional types of
insurance coverage or higher coverage limits must be made by amendment to this Contract. CLUB agrees to execute
any such amendment within thirty(30) days of receipt.
16. ADDITIONAL INSURANCE REQUIREMENTS
CLUB 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, CLUB shall use the entire insurance proceeds to restore FACILITY. The insurance required under this
section shall be maintained by CLUB at its sole expense for the term of this Contract. Said insurance shall contain
endorsements providing that the insurance company issuing the insurance will not cancel or reduce the insurance
coverage without thirty (30) days prior written notice to COUNTY. CLUB 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.
17. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES
CLUB agrees that they will not perform or permit any religious proselytizing or political activities in connection with
the performance of this Contract. Funds under this Contract will be used exclusively for performance of the work
required under this Contract and no funds made available under this Contract shall be used to promote any religious
or political activities.
FACILITY, however, may be used on an incidental basis to hold political meetings, candidate forums, or voter
registration campaigns, provided that all parties and organizations have access to the facility on an equal basis, and
are assessed equal rent or use charges, if any.
18. 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 CLUB.
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'1999-75
19. ASSIGNMENT AND SUBLETTING
CITY and CLUB shall not assign, subordinate, or sue for financing, this Contract or any interest therein, unless
COUNTY has previously given their written consent. Provided, however, that any approved assignment shall be
subject to all the terms, covenants, and conditions of the Contract. If CITY and CLUB attempt to effect any
unauthorized assignment, or transfer occurs by operation of law, or this Contract or any interest therein is subjected
to garnishment or sale under any execution of any suit or proceeding brought against or by CITY and CLUB, or if
CITY and CLUB is adjudged bankrupt or insolvent by any court, or upon CITY and CLUB making an assignment
for the benefit of creditors, COUNTY may, at their option, forthwith terminate this Contract upon written notice
thereof to CITY and CLUB, and thereupon, no one but COUNTY shall have any further rights hereunder.
20. HYPOTHECATION OF REAL PROPERTY
During the term of this Contract, neither CITY and CLUB, nor their successors, shall cause to be placed or permit
4 to be placed any encumbrance or lien on the real property covered under this Contract, or shall sell, transfer,
mortgage or hypothecate FACILITY without the written authorization of COUNTY. Notwithstanding Section 21,
VIOLATION OF CONTRACT, and any other provisions herein, CITY and CLUB shall reimburse COUNTY for
the fair market value of FACILITY less any portion thereof attributable to expenditures of non-CDBG funds for
,l FACILITY, should CITY and CLUB sell, hypothecate, mortgage or encumber FACILITY without the written
authorization of COUNTY during the term of this Contract.
21. VIOLATION OF CONTRACT
In the event that CITY and CLUB violate any of the terms and conditions of this Contract, COUNTY shall give
written notice of violation and demand for correction. If,within thirty(30)days from receipt of written notice,CITY
and CLUB have not corrected the violation or shown acceptable cause, COUNTY has the right to terminate this
Contract. It is agreed that in the event of a termination due to a violation of this Contract by CITY and CLUB,CITY
and CLUB shall pay to COUNTY within ten(10)days of receipt of Notice of Termination,the sum of ten thousand
dollars ($10,000). Said sum is agreed to represent a reasonable endeavor by both parties hereto, to be a fair
compensation for the foreseeable losses that might result from such a breach or default. Penalties and damages
covered under separate Contracts with COUNTY and CITY for CLUB programs and services shall be in addition
to that contained herein. Such termination shall not excuse CITY and CLUB from reimbursement provisions in
Section 20, HYPOTHECATION OF REAL PROPERTY.
22. TERMINATION BY COUNTY
Notwithstanding Section 21,VIOLATION OF CONTRACT, COUNTY may immediately terminate this Contract
upon the termination, suspension,discontinuation or substantial reduction in CDBG funding of the Contract activity
or the reprogramming of said funds as deemed necessary by COUNTY, or for the convenience of COUNTY.
23. REVERSION OF ASSETS
All real property acquired or improved in whole or in part with CDBG funds in excess of$25,000 under this Contract
must continue in the use that provides the service benefits and national objectives for which it was funded until five
years after expiration of this Contract as set forth in 24 CFR 470, or such longer period of time as determined by
COUNTY; or it must be disposed of in a manner resulting in a reimbursement to COUNTY 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.
1999-75
24. BENEFICIARY QUALIFICATION
All persons who benefit from services performed under this Contract must qualify as being low-and-moderate-
;3 income persons, hereinafter referred to as BENEFICIARIES. CLUB shall document,or cause to be documented,the
presumed benefit status of all BENEFICIARIES under this Contract by obtaining completed copies of the
"Beneficiary Qualification Statement", Exhibit 2 of 6. CLUB shall retain these forms for three (3) years after
i
conclusion of the Contract.
t 25. PROGRAM REPORTING
CLUB agrees to prepare, or cause to be prepared, and submit financial, program progress, evaluations, and other
reports as required by HUD or COUNTY directives. CLUB shall maintain such property, personnel, financial and
other records and accounts as are considered necessary by HUD or COUNTY to assure proper accounting for all
Contract funds. All CLUB records, with the exception of confidential client information, shall be made available
to representatives of COUNTY and the appropriate federal agencies. CLUB is required to submit data necessary to
1 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.
26. AMENDMENTS: VARIATIONS
This writing with attachments,embodies the whole of this Contract of the parties hereto. There are no oral Contracts
not contained herein. Except as herein provided,addition or variation of the terms of this Contract shall not be valid
unless made in the form of a written amendment to this Contract formally approved and executed by the parties.
i
27. INVALID CONDITIONS
If any one or more of the terms, provisions, sections, promises,covenants or conditions of this Contract shall to any
extent be judged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent
jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of the
Contract shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law.
28. BINDING INTEREST
This Contract shall be binding on the parties, successors in interest, heirs and assigns.
29. 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 Department of Parks, Recreation, and
Community Development Community Services
290 N. "D" St., Sixth Floor 547 North Sierra Way,
San Bernardino, CA 92415-0040 San Bernardino, CA 92401
BOYS AND GIRLS CLUB OF SAN BERNARDINO
Boys and Girls Club of San Bernardino
1180 West 9th Street
San Bernardino, CA 92411
19.99-75
30. EASEMENTS, TRUSTS AND WARRANTIES
A. It is expressly understood and agreed that this Contract and all rights and privileges hereunder granted are
subject to all easements and rights-of-way now existing in, to, under or over the said premises for any
purpose whatsoever.
3 B. In the event that this Contract or any provision thereof shall be declared null and void by a court of competent
jurisdiction, COUNTY or any of their respective officers, agents or employees, or members of COUNTY
Board of Supervisors shall not be liable to CITY and CLUB 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 CITY and CLUB
or such person by reason of such determination.
C. CLUB assumes all risks incident to the use and management of said premises in its present condition or in
any condition thereof which may prevail during the term of this Contract.
D. Any major changes required by a competent government jurisdiction to the Contract which are beyond the
control of CITY and CLUB will make the Contract terms subject to renegotiation.
E. It is expressly understood and agreed that COUNTY does not, in any way nor for any purpose, become a
partner of CLUB, or a joint venturer with CLUB.
3
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1999-75
IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year first
written above.
COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO
i
B Y: By:_
��t!
? JON D. MIKELS, Chairman, Board of Supervisors Ju it apes, Mayor
Date: Date:
BOYS AND GIRLS CLUB
OF SAN BERNARDINO
By:
Clifford Hackney, xecutive Director
SIGNED AND CERTIFIED THAT A COPY OF Date:_= 9'
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
EARLENE SPROAT
Clerk of the Board of Supervisors
of the County of San Bernardino
By:
APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM
ALAN K. MARKS
COUNTY COUNSEL
By: By
Deputy Coun Co sel Attorney
Date: y " Zvi Date: '(6 a/y5
5
MYDOCLT EN SBoys and Girls Club M&02.doc
4129199/CE/bj
1999-75
EXHIBIT 1 of 6
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Proiect/Activity Title: Case Number: 350-24702/1816
Fifth District: Facility Rehabilitation - Boys and Girls Club of San Bernardino
Name/Address of Contractor Aeencv: Date of Issue:
Boys and Girls Club of San Bernardino X Original:
1180 West 9th Street
San Bernardino, CA 92411 Amendment#
INSURANCE INVENTORY
WORKERS' COMPENSATION/EMPLOYER'S LIABILITY INSURANCE
Name of Program
Effective Dates
Employer's Liability Limit$
Certificate of Insurance Attached Yes No: On File w/ECD
COMPREHENSIVE AND GENERAL AUTOMOBILE LIABILITY INSURANCE
Name of Contractor's General Insurance Company
Limits of Liability Effective Dates
Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/ECD
Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/ECD
Name of Contractor's Automobile Liability Insurance Company
Limits of Liabilitv Effective Dates
Per Person $ Per Accident$ Damage Liability$ Per Accident
ERRORS AND OMISSIONS LIABILITY INSURANCE
Name of Contractor's Insurance Company
Limits of Liabilitv Effective Dates
Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/ECD
Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/ECD
PROFESSIONAL LIABILITY INSURANCE
Name of Contractor's Insurance Company
Limits of Liability Effective Dates
Per Occurrence $ Additional Insured Endorsement Attached Yes No: On File w/ECD
Annual Aggregate $ Certificate of Insurance Attached Yes No: On File w/ECD
1999-75
EXHIBIT 2 of 6
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND CON LMUNITY DEVELOPMENT
Proiect/Activity Title: Case Number: 350-24702/1816
Fifth District: Facility Rehabilitation- Boys and Girls Club of San Bernardino
Name/Address of Contractor Agency: Date of Issue:
Boys and Girls Club of San Bernardino X Original:
1180 West 9th Street
San Bernardino, CA 92411 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 the 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 1999 LOW-INCOME and LOW-AND MODERATE-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 income is equal to or less than the LOW-INCOME amount
for the number of persons in your household.
State,yes or no,if your combined gross annual income is equal to or less than the LOW-AND MODERATE-
INCOME amount for the number of persons in your household.
Number of Persons in Your Household
1 2 3 4 5 6 7 8
LOW-INCOME 16,500 18,900 21,250 23,600 25,500 27,400 29,250 31,150
LOW-AND MODERATE- 26,450 30,200 34,000 37,750 40,800 43,800 46,800 49,850
INCOME (COMBINED)
3. Do you identify yourself as:
White Black Hispanic American Indian/Alaskan Native Asian/Pacific Islander
4. Please state,yes or no, if you are a female Head of Household?
I
5. Please describe the condition that would qualify you as being considered in one of the following categories: low-and
moderate-income household,abused child,battered spouse,elderly person,homeless person,disabled person, illiterate
person, or migrant farm worker.
ACKNOWLEDGMENT AND DISCLAIMER
I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MADE ON THIS
FORM ARE TRUE.
NAME: 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.
*Taken from 1998 Section 8 Low-Income and Very Low-Income Limits.
1999-75
Exhibit 3 of 6 Attachment
PRINCIPAL OWNER INFORMATION FORM
San Bernardino County Code Section 110.0101 et seq.contains the San Bernardino County Child Support Compliance Program. This
Program requires the County to provide certain information to the District Attorney concerning its employees and business licenses.
It further requires that bidders or proposers for County contracts provide, directly to the District Attorney, information concerning
their"Principal Owners," that is, those natural persons who own an interest of 10% or more in the Contractor. For each "Principal
Owner,"the information which must be provided to the District Attorney is: 1)the Principal Owner's name;2)his or her title,and;3)
whether or not the Contractor has made a payment of any sort to the Principal Owner.
IN ORDER TO COMPLY WITH THIS REQUIREMENT, COMPLETE THIS FORM AND MAIL OR FAX IT DIRECTLY
TO THE DISTRICT ATTORNEY AT THE ADDRESS OR FAX NUMBER SHOWN BELOW ON OR BEFORE THE DATE
YOU SUBMIT A BID OR PROPOSAL TO A COUNTY DEPARTMENT.
MAINTAIN DOCUMENTATION OF SUBMISSION.
In addition, bidders or proposers must certify to the soliciting County department that they are in full compliance with the Program
requirements by submitting the Child Support Compliance Program Certification,along with the bid or proposal.
To: District Attorney Child Support Division FAX: (909)478-7470
Ombudsman Program
10417 Mountain View Avenue PHONE: (909)478-7300
Loma Linda, CA 92354-2030
Contractor Name as Shown on Bid or Proposal:
Contractor Address:
Contractor Phone: Fax:
County Department Receiving Bid or Proposal:
Type of Goods or Services to be Provided:
Contract or Purchase Order Number(if applicable):
Principal Owners: Please check appropriate box. If Box I is checked,no further information is required. Please sign and date the
form below.
I. ❑ No natural person owns an interest of 10% or more in this Contractor.
II. ❑ Required Principal Owner information is provided below. (Use a separate sheet,if necessary)
PAYMENT
NAME OF PRINCIPAL OWNER TITLE RECEIVED FROM
CONTRACTOR
YES NO
1.
2.
3.
I DECLARE,UNDER PENALTY OF PERJURY,THAT THE FOREGOING INFORMATION IS TRUE AND
CORRECT.
By: Date:
(Signature of a Principal Owner,an Officer,or Manager responsible for submission of the bid or proposal to the County).
Printed Name Title/Position
1999-75
Exhibit 4 of 6 Attachment C
SOLICITING DEPARTMENT:
ADDRESS:
CONTACT NAME&PHONE NO.:
CHILD SUPPORT COMPLIANCE PROGRAM CERTIFICATION
San Bernardino County Code Section 110.0101 et seq. contains the San Bernardino County Child Support
Compliance Program. This Program requires the County to provide certain information to the District Attorney
concerning its employees and business licenses. It further requires that bidders or proposers for County contracts
submit certifications of Program compliance to the soliciting County department, along with their bids or
proposals. (In an emergency procurement, as determined by the soliciting County department, these certifications
may be provided immediately following the procurement).
IN ORDER TO COMPLY WITH THIS REQUIREMENT, COMPLETE THIS FORM AND SUBMIT IT
DIRECTLY TO THE SOLICITING COUNTY DEPARTMENT, ALONG WITH YOUR BID OR
PROPOSAL. IN ADDITION, THE SOLICITING DEPARTMENT WILL PROVIDE A COPY TO THE
DISTRICT ATTORNEY AT THE ADDRESS OR FAX NUMBER SHOWN BELOW.
I,(print name) hereby certify that(contractor name as shown on bid or
proposal)
located
at(contractor's address)
is in compliance with San Bernardino County's Child Support Compliance Program and has met the following
requirements:
1. Submitted a completed Principal Owner Information Form to the District Attorney,Child Support Division;
2. Fully complied with employment and wage reporting requirements (42 USC Section 653a and California
Unemployment Insurance Code Section 1088.5), and will continue to comply with such reporting
requirements;
3. Fully complied with all lawfully-served Wage and Earnings Withholding Orders or District Attorney Notices
of Wage and Earnings Assignment, [Code of Civil Procedure Section 706.031 and Family Code Section
5246(b)],and will continue to comply with such Orders or Notices.
I declare, under penalty of perjury,that the foregoing is true and correct.
Executed this day of
(Month&Year)
at
(City/State) (Telephone Number)
By:
(Signature of a Principal Owner,an Officer,or Manager responsible for submission of the bid or proposal to the County).
Soliciting Dept Send
Copy to: District Attorney, Child Support Division FAX: (909)478-7470
Ombudsman Program
10417 Mountain View Avenue PHONE: (909)478-7300
Loma Linda,CA 92354-2030
1999-75
Exhibit 5 of 6
Date:
THOMAS R. LAURN, Director
Department of Economic and Community Development
290 North "D" Street, Sixth Floor
San Bernardino, CA 92415-0040
REQUEST FOR APPROVAL
Project Activity Name:
Case Number:
Activity Location:
The hereby request approval to
ISSUE: ( ) A REQUEST FOR PROPOSAL FOR CONSULTANT SERVICES
( ) AN INVITATION TO BID FOR CONSTRUCTION SERVICES
( ) A CONTRACT CHANGE ORDER
AWARD: ( ) A CONSULTANT SERVICES CONTRACT
( ) A CONSTRUCTION SERVICES CONTRACT
( ) SOLE SOURCE PROCUREMENT
( ) PURCHASE ORDER
Name of Contractor:
Address:
Contact Person:
Amount of Contract/Change Order:
Subcontractors: ( ) List Attached ( ) No Contractors
The following materials and documentation are submitted for review and approval:
Signature of Department Official Date
D-2
1999-75
Exhibit 6 of 6
San Bernardino County of San Bernardino
Department of Economic and Community Development
COORDINATION PROVISIONS FOR
FEDERAL LABOR COMPLIANCE
Construction Phase
1. CITY Determines bid solicitation process permitted by County
contracting regulations. Advertises invitation to bid and receives
bids.
2. CITY Ten days prior to bid opening, CITY makes telephone contact with ECD and
requests updated Federal Wage Decision. ECD will send to CITY the latest
Wage Decision. If they are in any way different from those issued in the
original bid package, CITY will immediately forward latest wage decision to
all bidding contractors who, in turn, submit revised bids prior to the bid
opening.
3. CITY Conducts bid opening and sends to ECD a copy of the contract bid
specifications including copies of the wage decisions in effect at bid opening.
4. CITY Reviews bid documents submitted by the low bidder to assure compliance
with County Policy 11-15 regarding the participation of minority,
disadvantaged, women-owned business enterprises and disabled veteran
(M/W/DVBE's) in the proposed construction contract.
5. CITY Submits low bidder information and list of subcontractors to ECD and
requests ECD for "Approval to Proceed to Award a Construction Services
Contract".
6. ECD Reviews Contractor/Subcontractor's eligibility to receive Federal contracts.
7. ECD Issues "Approval to Proceed" to CITY.
8. CITY Insures completeness of contract documents prior to award of contract.
Construction contracts must contain a copy of Federal Labor Standards,
applicable Federal Wage Determination, and a copy of restrictions on public
buildings and public works projects provisions.
9. CITY Awards Contract.
10. CITY Notifies ECD of pre-construction conference.
11. CITY Conducts pre-construction conference (ECD attendance mandatory). ECD
verifies/explains completion of contractor compliance paperwork.
?999-75
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12. CITY Provides ECD with a copy of signed contract prior to start of construction.
CITY ensures completion of bonds and obtains contractor/subcontractor
certifications concerning labor standards and prevailing wage requirements;
3 regarding Equal Employment Opportunity, and restrictions on public
buildings and public works projects before signing contract.
13. ECD Ongoing observation and monitoring of projects.
14. CITY Conducts on-site interviews with employees regarding their wages.
15. CITY Receives from contractor, requests for progress payments accompanied by
Weekly Certified Payroll, form WH-347, and any other documentation of
expenditures and work accomplished.
16. ECD Receives from contractor, duplicate copes of Weekly Certified Payroll forms
WITH ORIGINAL SIGNATURES and Monthly Employee Utilization Reports,
form CC-257.
17. ECD Checks wages reported on Certified Payroll forms against employee
interview forms for consistency between wage rates reported by contractor
and wages received by employees.
18. CITY Notifies ECD of all meetings regarding ECD projects, such as Design
Conferences, Public Meetings, meetings with Community Development
Advisory Commission and CITY at least five (5) working days before event
occurs.
19. CITY Notifies ECD of final inspections at least five (5) working days before
inspection date.
20. CITY Secures governing body's acceptance of completed project and filing of
Notice of Completion.
21. CITY Prepares and submits "Notice of Completion" to ECD.
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CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM
Date: May 5, 1999
To: Huston Carlyle, Senior Assistant City Attorney
From: Melanie Miller, Senior Secretary
Re: Transmittal for signature—Res 1999-75
Attached are the following:
Original documents authorizing an agreement with the Boys and Girls Club.
Please obtain signatures where indicated on all copies.
Please return the executed original to the City Clerk's Office as soon as possible, to my attention.
Be advised that the resolution and agreement will be null and void if it is not executed within sixty (60)
days—July 2, 1999.
If you have any questions, please do not hesitate to contact me at ext. 3212. Thank you.
Rachel Clark
City Clerk
By: Melanie Miller
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I hereby ackn e eceipt t e ab v mentioned documents.
Signed:
Date: mx,
RC:mam
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