Loading...
HomeMy WebLinkAboutR4- Economic Development ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION/COUNCIL ACTION FROM: RONALD E.WINKLER SUBJECT: JOINT POWERS AGREEMENT- Development Director OPERATION GRACE DATE: May 28, 1998 `L `� ------------------------------------------------------------------------------------------------------------------------------------------- Synopsis of Previous Commission/Council/Committee Action(s): On January 12, 1998,the Mayor and Common Council approved the reallocation of Community Development Block Grant(CDBG)funds from FY 1996-1997. ------------------------------------------------------------------------------------------------------------------------------------------- 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 MAINTENANCE AND OPERATION CONTRACT BETWEEN THE CITY AND COUNTY OF SAN BERNARDINO,OPERATION GRACE,INC.AND GRACE APOSTOLIC CHURCH ------------------------------------------------------------------------------------------------------------------------------------------- Contact Person(s): Ronald E.Winkler/Norma J.Owens Phone: 5081 Project Area(s): Ward(s): One(1) Supporting Data Attached:❑x Staff Report❑ Resolution(s) ❑ Agreement(s)/Contract(s)❑ Map(s)❑Ltr/Memo FUNDING REQUIREMENTS: Amount: $23,295 Source: 1997-1998 CDBG Line of Credit Budget Authority: SIGNATURE: G. _ Ronald E.Wi ler,Director Development ------------------------------------------------------------------------------------------------------------------------------------------ Commission/Council Notes: ------------------------------------------------------------------------------------------------------------------ REW:lag:06-01-04.cdc COMMISSION MEETING AGENDA MEETING DATE:06/01/1998 Agenda Item Numberk/ — ECONOMIC DEVELOPMENT AGENCY STAFF REPORT ------------------------------------------------------------------------------------------------------------------ Joint Powers Agreement - Operation Grace Background Previously, the Mayor and Common Council approved $23,295 for rehabilitation work on that portion of the building owned by Grace Apostolic Church but, leased to Operation Grace, Inc., and located at 1595 East Art Townsend Drive, San Bernardino. The City CDBG funds were awarded contingent upon the County awarding $22,395 in CDBG funds, as the facility serves both City and County area residents. The combined funds will be used to replace and/or repair CDBG eligible areas of the roof, the electrical system and a backflow preventor system. The County, through the execution of the attached contract will be the lead responsible entity for the construction management and will assure that the project meets U.S. Department of Housing and Urban Development requirements. Recommendation It is now appropriate to execute the attached contract by and between the County and City of San Bernardino, Grace Apostolic Church and Operation Grace, Inc., to formalize prior actions and deliberations. R NALD E. INKLER, Director Development Department ------------------------------------------------------------------------------------------------------------------ REW:Iag:06-01-04.cdc COMMISSION MEETING AGENDA MEETING DATE:06/01/1998 Agenda Item Number: q RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 4 OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A MAINTENANCE AND OPERATION CONTRACT 5 BETWEEN THE CITY AND COUNTY OF SAN BERNARDINO, OPERATION GRACE,INC.AND GRACE APOSTOLIC CHURCH 6 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 9 SAN BERNARDINO AS FOLLOWS: to SECTION I. 11 (a) The Mayor and City of San Bernardino is hereby authorized and directed to 12 execute,on behalf of the City, an agreement for Community Development Block Grant funding 13 with County of San Bernardino,which contract is attached hereto as Exhibit"I", and is 14 incorporated herein by referenced as though fully set forth at length. The Agreement provides 15 for the granting of Community Development Block Grant funds in the following amount of 16 $23,295 on behalf of Operation Grace,Inc. 37 SECTION 2. is (b) The authorizations to execute the above referenced contract is rescinded if the 19 1 parties to the agreement shall fail to execute it within sixty(60) days of the passage of this 20 Resolution. 21 22 !!!/ 23 Ill! 24 !//! 25 !//1 26 llll 27 28 11l1 4- I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE 2 EXECUTION OF A MAINTENANCE AND OPERATION CONTRACT 3 BETWEEN THE CITY AND COUNTY OF SAN BERNARDINO, OPERATION GRACE, INC.AND GRACE APOSTOLIC CHURCH 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting 7 thereof,held on the day of , 1998, by the 8 following vote,to wit: 9 10 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 11 ESTRADA 12 LIEN ARIAS 13 SCHNETZ DEVLIN 14 ANDERSON MILLER is 16 17 City Clerk is 19 The forgoing resolution is hereby approved this day of , 1998. 20 2! 22 Mayor of the City of San Bernardino 23 Approved as to form and legal content: 24 By: 2s City Attorney 26 27 05-98-I5_msc 28 -2- FOR COUNTY USE ONLY E LXNew Vendor Code Dept. Contract Number M ange ECD X ncel 97-678 A-1 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 $22,395 County of San Bernardino Fund Dept. Organization Appr. Obj/Rev Source Activity GRC/PROJ/JOB Number F A S SBA ECD PROJ 200 2005 00001634 Commodity Code Estimated Payment Total by Fiscal Year CONTRACT TRANSMITTAL FY Amount I/D FY Amount I/D Project Name 97 $22,395 Third District:Operation Grace Homeless Shelter Rehab (#330-23025) CONTRACTOR Operation Grace Birth Date N/A Federal ID No. or Social Security No. 33-0556421 Contractor's Representative Jenai Morehead, President, Operation Grace, Inc. Address 8572 Sierra Avenue, Fontana, CA 92335 Phone (909) 829-0354 Nature of Contract: (Briefly describe the general terms of the contract) Ti. .;ontract, between the County of San Bernardino, the City of San Bernardino, Operation Grace and Grace Apostolic Church, provides for roof repairs, electrical upgrades and a backflow preventer as rehabilitation improvements to the Operation Grace facility located in the North Norton area of the City of San Bernardino. The Operation Grace facility is owned by Grace Apostolic Church and is leased to Operation Grace for the purpose of providing transitional housing programs and employment and educational services to homeless persons. The County of San Bernardino will provide$22,395 in community Development Block Grant(CDBG)funds, and the City of San Bernardino will provide$23,295 in CDBG funds for the project. The County of San Bernardino will provide construction management services for the project. Operation Grace will be responsible for maintenance and operation of improvements to the facility at their sole expense for no less than ten (10)years following the completion of the improvements. (Attach this transmittal to all contracts not prepared on the "Standard Contract"form.) ApR ,ved as to Ye gaI F Reviewed as to Affir tive Action Reviewed for Processing P- A011 County Counsel fQ f� Agency Administrator/CAO Date MAY 4 199E Date /U �v Date I SAN BERNARDINO COUNTY DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT MAINTENANCE AND OPERATION CONTRACT WITH CITY OF SAN BERNARDINO, OPERATION GRACE AND GRACE APOSTOLIC CHURCH This Contract is made and entered into this day of , 19_,by and between San Bernardino County,hereinafter referred to as "COUNTY",the City of San Bernardino, hereinafter referred to as "CITY",Operation Grace,Inc.,hereinafter referred to as "OPERATION GRACE",and Grace Apostolic Church, hereinafter referred to as "LESSOR". WHEREAS,COUNTY and CITY have entered into a contract with the United States of America through its Department of Housing and Urban Development (HUD) to execute COUNTY and CITY 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,COUNTY Board of Supervisors has approved CDBG funding in the amount of twenty two thousand three hundred ninety five dollars ($22,395) for various facility rehabilitation improvements at OPERATION GRACE facility; and CITY has approved twenty three thousand two hundred ninety five dollars ($23,295) in CDBG funding for these same facility rehabilitation improvements; and, WHEREAS, COUNTY, CITY and OPERATION GRACE recognize the public benefit in providing OPERATION GRACE facility and its related programs and services to the homeless persons of the communities of the Third Supervisorial District and CITY; and, WHEREAS,OPERATION GRACE currently maintains and operates said facility and program at the sole expense of OPERATION GRACE; and, WHEREAS,title to the property is vested with LESSOR,and a portion of the building(10,038 square feet) is leased to OPERATION GRACE for the term of this contract for providing said services and programs; and, WHEREAS,COUNTY,CITY,OPERATION GRACE and LESSOR desire to have COUNTY 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 construction, maintenance and operation of the OPERATION GRACE facility which is a part of the building owned by LESSOR (approximately 10,038 square feet) and is located at 1595 E. Art Townsend Drive in San Bernardino,California hereinafter referred to as "FACILITY". i 2. SCOPE OF PROJECT COUNTY shall construct FACILITY rehabilitation improvements, hereinafter referred to as "IMPROVEMENTS",to include roof replacement;electrical upgrade and backflow preventer to the extent such repairs benefit only the building area which houses OPERATION GRACE. Additional improvements may be included only after written Contract between OPERATION GRACE, LESSOR, CITY and COUNTY. OPERATION GRACE shall maintain and operate FACILITY for the operation of programs and services for homeless persons from the City of San Bernardino and surrounding communities. 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 CDD shall have the authority to represent CITY regarding the terms and conditions of this Contract and the administration thereof. 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 6,MAINTENANCE AND OPERATION. 4. FUNDING COUNTY shall provide CDBG funds in an amount not to exceed twenty two thousand three hundred ninety five dollars ($22,395) for the purpose of constructing IMPROVEMENTS. CITY shall provide CDBG funds in an amount not to exceed twenty three thousand two hundred ninety five dollars($23,295)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 OPERATION GRACE and LESSOR. This condition however,does not preclude COUNTY and CITY from providing additional funding at its sole discretion. Costs to construct any IMPROVEMENT or portion of IMPROVEMENT which benefits LESSOR apart from OPERATION GRACE shall be the sole responsibility of LESSOR. 5. CONSTRUCTION MANAGEMENT COUNTY, CITY, OPERATION GRACE and LESSOR agree COUNTY shall provide construction management services necessary for the timely and successful completion of IMPROVEMENTS. Construction management services shall be included as part of IMPROVEMENTS. COUNTY may subordinate the construction management to a delegate agency of COUNTY and will be responsible for compliance with the Davis-Bacon Act and other related acts associated with the CDBG program. 6. MAINTENANCE AND OPERATION OPERATION GRACE shall have sole responsibility for the maintenance and operation of IMPROVEMENTS at the sole expense of OPERATION GRACE for a period of not less than ten(10)years beginning upon the date of completion of FACILITY. COUNTY and CITY shall notify OPERATION GRACE in writing of said date of completion of FACILITY. FACILITY shall be maintained and operated at all times for the purpose of programs and services for homeless persons as identified in Section 2,SCOPE OF PROJECT, and in accordance with federal, state and local laws, regulations and safety standards. OPERATION GRACE shall be responsible for completing and submitting to COUNTY and CITY,any and all facility Certification forms provided by CITY and COUNTY, on the use of FACILITY. 2 u 7. USE OF PROPERTY LESSOR agrees to make FACILITY available to COUNTY and CITY and OPERATION GRACE for the construction of all IMPROVEMENTS described in Section 2, SCOPE OF PROJECT. LESSOR acknowledges that COUNTY and CITY will fund IMPROVEMENTS provided for herein based solely on the existence of a lease between LESSOR and OPERATION GRACE that continues in effect for at least the duration of this Contract,as set forth in Section 3,TIME OF PERFORMANCE. Should OPERATION GRACE quit the premises prior to the expiration of this Contract,LESSOR will only allow a non-profit organization qualified under the CDBG program to use FACILITY. LESSOR shall notify COUNTY and CITY 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. 8. 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. OPERATION GRACE will ensure that its employees or agents furnish any information,that in the judgement of COUNTY and 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. 9. CONTRACT COMPLIANCE OPERATION GRACE 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 and used when possible in compliance with provisions of title 24 code of Federal Regulations Part 85.36(e). OPERATION GRACE 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. OPERATION GRACE 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,OPERATION GRACE shall make every effort to employ residents of the area and shall keep a record of OPERATION GRACE staff positions that have been created directly as a result of this program. 10. 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. 3 11. INDEMNIFICATION OPERATION GRACE and LESSOR agree to indemnify,defend and hold harmless COUNTY and 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 COUNTY and CITY on account of any claim therefore, except where such indemnification is prohibited by law. OPERATION GRACE and LESSOR each shall indemnify and hold harmless COUNTY and CITY and their respective authorized officers,employees, agents and volunteers from any liability, claims, losses, demands, and actions incurred by COUNTY and CITY as a result of the determination by HUD or its successor that activities undertaken by each of OPERATION GRACE and LESSOR under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to OPERATION GRACE and LESSOR under this Contract were improperly expended. 12. INSURANCE REQUIREMENTS Without in any way affecting the indemnity herein provided and in addition thereto,OPERATION GRACE and LESSOR each 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 ofthe State of California,including Employer's Liability with$250,000 limits,covering all persons providing services on behalf of OPERATION GRACE and LESSOR 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, OPERATION GRACE and LESSOR shall require the carriers of the above required coverage to waive all rights of subrogation against COUNTY and CITY,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. 4 �f Proof of Coverage -OPERATION GRACE and LESSOR each shall immediately furnish certificates of insurance to ECD and CDD 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 CDD, and OPERATION GRACE and LESSOR each shall maintain such insurance from the time OPERATION GRACE and LESSOR commence performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Contract,OPERATION GRACE and LESSOR shall furnish certified copies of the policies and all endorsements. OPERATION GRACE and LESSOR shall complete and submit Contract Exhibit 1 of 3, Insurance Inventory, along with the above required insurance documents. 13. INSURANCE REVIEW The above insurance requirements are subject to periodic review by COUNTY and CITY. 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. OPERATION GRACE and LESSOR agree to execute any such amendment within thirty (30) days of receipt. 14. ADDITIONAL INSURANCE REQUIREMENTS OPERATION GRACE and LESSOR shall,at their 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 ofany damage or destruction to FACILITY covered by the insurance,OPERATION GRACE and LESSOR shall use the entire insurance proceeds to restore FACILITY. The insurance required under this section shall be maintained by OPERATION GRACE and LESSOR at their 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 and CITY. OPERATION GRACE and LESSOR 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. 15. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES OPERATION GRACE and LESSOR agree 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. 5 `t- 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. 16. 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 OPERATION GRACE. 17. ASSIGNMENT AND SUBLETTING OPERATION GRACE and LESSOR shall not assign, subordinate, or sue for financing,this Contract 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 Contract. If OPERATION GRACE and LESSOR 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 OPERATION GRACE and LESSOR,or if OPERATION GRACE and LESSOR are adjudged bankrupt or insolvent by any court or upon OPERATION GRACE and LESSOR making an assignment for the benefit of creditors, COUNTY and CITY may,at their option,forthwith terminate this Contract upon written notice thereof to OPERATION GRACE and LESSOR, and thereupon, no one but COUNTY and CITY shall have any further rights hereunder. 18. HYPOTHECATION OF REAL PROPERTY During the term of this Contract,neither OPERATION GRACE and LESSOR,nor their successors, shall cause to be placed or permit 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 and CITY. Notwithstanding Section 18,Violation of Contract,and any other provisions herein, OPERATION GRACE and LESSOR 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 OPERATION GRACE and LESSOR sell, hypothecate, mortgage or encumber FACILITY without the written authorization of COUNTY and CITY during the term of this Contract. 19. VIOLATION OF CONTRACT In the event that OPERATION GRACE and LESSOR violate any of the terms and conditions of this Contract,COUNTY and CITY shall give written notice of violation and demand for correction. If,within thirty(30)days from receipt of written notice,OPERATION GRACE and LESSOR have not corrected the violation or shown acceptable cause,COUNTY and CITY have the right to terminate this Contract. It is agreed that in the event of a termination due to a violation of this Contract by OPERATION GRACE and LESSOR,OPERATION GRACE and LESSOR shall pay to COUNTY within ten(10)days of receipt of Notice of Termination,the sum of twenty two thousand three hundred ninety five dollars($22,395)and to CITY the sum of twenty three thousand two hundred ninety five dollars($23,295). 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 OPERATION GRACE programs and services shall be in addition to that contained herein. Such termination shall not excuse OPERATION GRACE and LESSOR from reimbursement provisions in Section 17, HYPOTHECATION OF REAL PROPERTY. 6 20. TERMINATION BY COUNTY AND CITY Notwithstanding Section 18,Violation of Contract,COUNTY and CITY 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 and CITY,or for the convenience of COUNTY and CITY. 21. 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 and CITY;or it must be disposed of in a manner resulting in a reimbursement to COUNTY and 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. 22. BENEFICIARY QUALIFICATION All persons who benefit from services performed under this Contract must qualify as being homeless persons, hereinafter referred to as BENEFICIARIES. Under CDBG regulations, homeless persons are presumed to be low-and moderate-income persons. OPERATION GRACE shall document the presumed benefit status of all BENEFICIARIES under this Contract by obtaining completed copies of the "Beneficiary Qualification Statement",Exhibit 2 of 3. OPERATION GRACE shall retain these forms for three(3)years after conclusion of the Contract. 23. PROGRAM REPORTING OPERATION GRACE agrees to prepare and submit financial, program progress, evaluations, and other reports as required by HUD or COUNTY and CITY directives.OPERATION GRACE shalt maintain such property, personnel, financial and other records and accounts as are considered necessary by HUD or COUNTY and CITY to assure proper accounting for all Contract funds. All OPERATION GRACE records,with the exception of confidential client information,shall be made available to representatives of COUNTY and CITY and the appropriate federal agencies.OPERATION GRACE 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 and CITY Director of CDD or his designee. OPERATION GRACE shall submit a completed Program Progress Report,Exhibit 3 of 3, for each year of this Contract. OPERATION GRACE shall also provide the Direct Benefit information included on this exhibit, as necessary for completion of the Annual Grantee Performance Report. 24. 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. 25. 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 7 Y 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. 26. BINDING INTEREST This Contract shall be binding on the parties, successors in interest,heirs and assigns. 27. 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 290 N. "D" St., Sixth Floor 201 N. "E" St., Ste. 301 San Bernardino, CA 92415-0040 San Bernardino, CA 92401 OPERATION GRACE LESSOR Operation Grace, Inc. Grace Apostolic Church 1595 E. Art Townsend Drive 1595 E. Art Townsend Drive San Bernardino, CA 92408 San Bernardino, CA 92408 28. 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. B. In the event that this Contract or any provision thereof shall be declared null and void by a court of competent jurisdiction, COUNTY and CITY or any of their respective officers, agents or employees,or members of COUNTY Board of Supervisors or members of CITY Common Council shall not be liable to OPERATION GRACE and LESSOR 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 OPERATION GRACE and LESSOR or such person by reason of such determination. C. OPERATION GRACE 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 OPERATION GRACE will make the Contract terms subject to renegotiation. E. It is expressly understood and agreed that COUNTY and CITY does not, in any way nor for any purpose, become a partner of OPERATION GRACE, or a joint venturer with OPERATION GRACE. s Lf 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 By: By: Chairman,Board of Supervisors Chairman Date: Date: SIGNED AND CERTIFIED THAT A COPY OF OPERATION GRACE, INC. THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD EARLENE SrROAT By: Clerk of the Board of Supervisors President of the County of San Bernardino Date: Y' By: Date: GRACE APOSTOLIC CHURCH APPROVED AS TO LEGAL FORM By: C t ALAN K.MARKS Date: � COUNTY COUNSEL By: Deputy Coun se Date: MAY 14 1998 AGMT31NMGRACEM 0 SBN62FIbjj 9 EXHIBIT 1 of 3 OUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Project/Activity Title: Case Number: 330-23025/1634 Third District: Operation Grace Homeless Shelter Rehab Name/Address of Contractor Agency: Date of Issue: Operation Grace 1595 E. Art Townsend Drive X Original: San Bernardino,CA 92408 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 ._.imits 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 Name of Contractor's Automobile Liability Insurance Company Limits of Liability Effective Dates Per Person $ Per Accident$ Damage Liability$ Per Accident ERRORS AND OMISSIONS 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 PROFESSIONAL LIABILITY INSURANCE Name of Contractor's Insurance Company ',imits 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 Y EXHIBIT 2 of 3 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Project/Activi , Title: Case Number: 330-23025/1634 Third District: Operation Grace Homeless Shelter Rehab Name/Address of Contractor Agency: Date of Issue: Operation Grace 1595 E. Art Townsend Drive X Original: San Bernardino,CA 92408 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 1998 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 $ 16,300 $ 18,600 $20,900 S 23,250 $25,100 $26,950 $28,850 $30,700 LOW-AND MODERATE- $26,050 $29,750 $33,500 S37,200 $40,150 $43,150 $46,150 $49,100 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? 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 RE TRUE, NAME: DATE: ADDRESS: PHONE NO: SIGNATURE: The Wommation you provide on this form is for Community Development Block Grant(CDBG)program purposes only and will be kept confidential. It EXHIBIT 3 of 3 'OUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Project/Activity Title: Case Number: 330-23025/1634 Third District: Operation Grace Homeless Shelter Rehab Name/Address of Contractor Agency: Date of Issue: Operation Grace 1595 E. Art Townsend Drive X Original: San Bernardino,CA 92408 Amendment# ANNUAL PROGRAM PROGRESS REPORT For the Year of 199 Under each type of service listed below, describe what your program has accomplished during this year. Include location, number of persons served,services/benefits provided,and a description of the clients served. Also report the number of"Units of Service"provided. Type of Service: Anticipated Units of Service: 1. Goal/mo.: Actual/mo.: 2. Goal/mo.: Actual/mo.: Goal/mo.: Actual/mo.: 4. Goal/mo.: Actual/mo.: Total Number of Households(#of H) or Persons(#of P) Served During This Year MONTHLY DIRECT BENEFIT REPORT (Unduplicated first-time client counts only;Refer to information provided on Beneficiary Qualification Statement Forms) Program beneficiaries are counted below as (Check only one of the following): Households(H✓)_or Persons(P✓)_ Number of Households(H)or Persons(P)Directly Assisted: Low Income (only) Low and Moderate Income(combined total*) Counts By Race/Ethnicity (The total of these counts shown below should equal the combined total* above): White,not Hispanic Origin Black,not Hispanic Origin Hispanic American Indian/Alaskan Native Asian Pacific Islander Other: (Specify) / Female Headed Households: `' gned Title Date Print Name Tel.No./Ext