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HomeMy WebLinkAboutContracts & Agreements_21-1992_CCv0001.pdf FOR coUNry USE ONLY E x New Vendor Code Dept, Contract Number J ( (j Nl — Change! i#! x Cancel _ SC ECD A i County Department Dept. orgn. Contractor's License No. flljll�� ECONOMIC AND COMMUNITY DEVELOPMENT ECD PROD pp�"± County Department Contract Representative Ph. Ext. Amount of Contract �'+DBG �. THOMAS R. LAURIN 4594 $ 70,471 I COMITY ul San OV11112YU1110 Fund Dept. Organization Aper. ObjiRev Source Activity GRC/PROJ JOB Number , FAS SBA ECD PROD 200 2045 00000924 Commodity Code Estimated Payment Total by Fiscal Year CONTRACT TRANSMITTAL FY Amount ItD FY Amount I/D Project Name 192 $ 51000 iRedlands: omeless Shelter Rehabilitation 193 65,471 - Proiect Home Again (#111-1.7425) CONTRACTOR House of Neighborl�Service, Inc Birth gate NIA Federal ID No. or Social Security No, 95-1705754 Contractor's Representative Ms Kathy Ellington Executive Director Address F 0 Box 297, 612 Lawton Street, Redlands CA 92374 Phone 714-792-9626 Nature of Contract: (Briefly describe the general terms of the contract) This contract, between the County of San Bernardino and the House of Neighborly Service, Inc. , provides for the disbursement of $ 74,471 in Community Development Block Grant (CDBG) funds to be utilized for the design and construction of a forty-two (42) space parking lot and installation of landscaping and irrigation at the House of Neighborly Service. The construction administration will be provided by the City of Redlands. A. fAttach this transmittal to aft contracts not prepared on the "Standard Contract" form.) Approve s to Legal Form Reviewed s�toAffirmative Actio E Reviewed for Processing r�" ► County Cour�gse. /, Agency Administrator CAO Date ## 2 ! Date 1� Date 02-12294-000 Row, 11!90 AGREEMENT This Agreement is made and entered into this day of , 19 , by and between the County of San Bernardino, hereinafter referred to as "COUNTY" , the City of Redlands, hereinafter referred to as "CITY", the Presbytery of Riverside, hereinafter referred to as "PRESBYTERY", and the House of Neighborly Service, Inc. , a non-profit organization, hereinafter referred to as "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 the COUNTY'S 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, the San Bernardino County Department of Economic and Community Development hereinafter referred to as "ECD", is authorized to act on behalf of the County in administering the County's CDBG program; and, WHEREAS, COUNTY has determined that HOUSE is eligible to receive Federal assistance under Title I of the Housing and Community Development Act of 1974, as amended; and, WHEREAS, CITY has agreed to cooperate with COUNTY in its CDBG Program and has requested CDBG funding for improvements at the House of Neighborly Service building, located at 612 Lawton Street, Redlands, California, hereinafter referred to as "FACILITY" and desires to manage the implementation of access improvements to FACILITY; and WHEREAS, COUNTY, PRESBYTERY and HOUSE desire to have CITY manage the construction of access improvements, at FACILITY; and, WHEREAS, PRESBYTERY as owner of FACILITY has leased FACILITY to HOUSE for the term of this Agreement; and, WHEREAS, COUNTY, CITY and PRESBYTERY recognize the public benefit to be derived from HOUSE providing counseling, education, referral and day care programs to homeless families. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows. 1. PURPOSE OF AGREEMENT This Agreement is made for the purpose of the continued maintenance and operation of HOUSE's homeless assistance programs, hereinafter referred to as "PROGRAMS", by constructing access improvements to FACILITY. 2. SCOPE OF PROJECT CITY will provide for design and construct access improvements at FACILITY, consisting of a 42 space parking lot and landscaping, hereinafter referred to as "IMPROVEMENTS". 1 HOUSE shall have sole responsibility for providing PROGRAMS at FACILITY. PROGRAMS shall include licensed daycare, classroom education, employment assistance and housing assistance to assist their clients to return to the mainstream of society. Further, HOUSE shall have the responsibility of maintaining and operating IMPROVEMENTS for the primary benefit of PROGRAMS. PRESBYTERY and HOUSE shall agree to extend current FACILITY leases to coincide with the duration of this Agreement. 3. TIME OF PERFORMANCE This Agreement shall be effective as of the date the last of the parties hereto execute this Agreement and shall continue for not less than ten (10) years following the date of completion of IMPROVEMENTS at FACILITY. CITY shall notify COUNTY, PRESBYTERY and HOUSE in writing of said date of filing of Notice of Completion for FACILITY. 4. FUNDING COUNTY shall provide Community Development Block Grant funds in an amount not to exceed seventy thousand four hundred seventy one dollars ($70,471) for construction of IMPROVEMENTS. Any cost over and above this amount shall be the financial obligation of HOUSE. 5. CONSTRUCTION MANAGEMENT CITY will provide all construction management services necessary for the timely and successful completion of IMPROVEMENTS at FACILITY. CITY will provide construction management services in accordance with the provisions set forth in the current Delegate Agency Agreement, Agreement #91-756, between COUNTY and CITY. 6. MAINTENANCE AND OPERATION HOUSE shall have sole responsibility for the maintenance and operation of FACILITY and IMPROVEMENTS covered under the terms of this Agreement at the sole expense of HOUSE for the duration of this Agreement. HOUSE shall operate PROGRAMS in FACILITY at the sole expense of HOUSE. Said FACILITY shall be maintained and operated at all times in accordance with Federal, State and local laws, regulations and safety standards. 7. USE OF PROPERTY PRESBYTERY agrees to make available to COUNTY, CITY and HOUSE the property described as the House of Neighborly Service, 612 Lawton Street, Redlands, California for the construction of all IMPROVEMENTS described in Section 1, Purpose of Agreement. PRESBYTERY acknowledges that COUNTY will fund IMPROVEMENTS provided for herein based solely on the existence of a lease between PRESBYTERY and HOUSE continues in effect for at least the duration of this Agreement. Should HOUSE quit the premises prior to the expiration of this Agreement, PRESBYTERY will only allow a non-profit organization qualified under the CDBG program to use the premises. Use of FACILITY and IMPROVEMENTS for a non-CDBG eligible activity shall constitute a violation of this Agreement. 2 8. BENEFICIARY QUALIFICATION HOUSE agrees to guarantee that 140% of the participants of PROGRAMS will be homeless persons. HOUSE shall document the homeless status of all beneficiaries, utilizing copies of the "Income Qualification Statement" form, Exhibit 1 of 3. HOUSE shall retain these forms for three years after conclusion of this Agreement. 9. PROGRAM REPORTING HOUSE agrees to prepare and submit financial, program progress, evaluations, and other reports as required by HUD or COUNTY directives. HOUSE shall maintain such property, personnel, financial and assure proper accounting for all Agreement funds. All HOUSE records, with the exception of confidential client information, shall be made available to representative of County and the appropriate Federal agencies. 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. By the tenth (10th) of each month, HOUSE shall include a completed Direct Benefit Activities form, Exhibit 2 of 3, for the month being reported. 10. ON-SITE INSPECTION COUNTY, 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 homeless services programs and FACILITY for the duration of this Agreement. HOUSE 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 CDBG program. 11. AFFIRMATIVE ACT10N AND CONTRACT COMPLIANCE HOUSE shall make every effort to ensure that all projects funded wholly or in part by HUD CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, 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. San Bernardino County has a goal of 15 percent minority business enterprise (MBE) and 5 percent women business enterprise (WBE) participation for all Agreements. HOUSE agrees to comply with the provisions of the Affirmative Action Compliance Program of the County of San Bernardino and rules and regulations adopted pursuant thereto. 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 Agreements Code 2000 and the San Bernardino County M/WBE Policy No. 11-15, and other applicable Federal, State and County 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 the Contract Compliance Officer of the County of San Bernardino at (714) 387-8894. 3 12. 9OMPLIANCE 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; U.S. Office of Management and Budget Circulars A-87, and A-95, A-102, A-110 and A-122. 13. INDEMNIFICATION HOUSE agrees to indemnify, defend and hold harmless COUNTY, CITY, PRESBYTERY and its authorized agents, officers, volunteers and employees, against any and all claims, or actions arising from acts, errors or omissions of HOUSE in performing services pursuant to this Agreement and for any costs or expenses incurred by COUNTY on account of any claim therefore. HOUSE shall, at its own cost, expense and risk, defend any legal proceedings that may be brought against COUNTY, CITY, PRESBYTERY and 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 activities of HOUSE, its officers, agents, and employees. HOUSE shall assume liability for all and any direct expense incurred in providing services pursuant to this Agreement 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. HOUSE, however, is obligated to promptly notify COUNTY in writing of the occurrence of any such loss or damage. HOUSE shall indemnify and hold harmless COUNTY against any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by the United States Department of Housing and Urban Development or its successor that activities undertaken by HOUSE under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to HOUSE under this Agreement were improperly expended. 14. INSURANCE REQUIREMENTS. In order to accomplish the indemnification provided in Paragraph 13 (above) , but without limiting the indemnification, HOUSE shall secure and maintain throughout the term of this Agreement the following types of insurance issued by companies acceptable to the COUNTY Risk Manager 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 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) . 4 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 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 shall be named as a designated person referencing this Agreement's Number on the policy. Waiver of Subrogation Rights - HOUSE shall require the carriers of the above required coverage to waive all rights of subrogation against COUNTY, CITY and PRESBYTERY, their officers, volunteers, employees, 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. - Proof of Coverage - 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. Within sixty (60) days of the commencement of this Agreement HOUSE shall furnish certified copies of the policies and endorsements. HOUSE shall complete and submit Agreement Exhibit 3 of 3, 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 Risk Manager is 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. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is 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, inflation, or any other item reasonably related to COUNTY's 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. HOUSE agrees to execute any such amendment within thirty (30) days of receipt. 5 16. ADDITIONAL INSURANCE REQU R - ENT HOUSE shall, at its sole expense, obtain and deliver to COUNTY for its 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 IMPROVEMENTS covered by the insurance, HOUSE shall use the entire insurance proceeds to restore IMPROVEMENTS. The insurance required under this paragraph shall be maintained by 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. HOUSE shall inform COUNTY in writing of any change, expiration or renewal of said insurance within thirty (30) days of the effective date of change. 17. CONFLICT OF INTEREST HOUSE, its agents and employees shall comply with all applicable Federal, State and COUNTY laws and regulations governing conflict of interest. To this end, HOUSE will make available to its agents and employees copies of all applicable Federal, State, and COUNTY laws and regulations governing conflict of interest. HOUSE shall furnish to COUNTY, prior to execution of this Agreement, a written list of all current or proposed subgrantees/subcontractors, vendors, or personal service providers, including subsidiaries of HOUSE. This list should be limited to those subgrantees/subcontractors, vendors or personal service providers, including subsidiaries of HOUSE, which will receive $10,000 or more during the term of this Agreement. Such a list shall include the names, addresses, telephone numbers, and identification of principal party(ies) , and a description of services to be provided. During the term of this Agreement, shall notify COUNTY in writing of any change: in the list of subgrantees/subcontractors, vendors, personal service providers or subsidiaries of HOUSE within fifteen (15) days of change. 18. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES 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. 19. 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 HOUSE. 20. ASSIGNMENT AND SUBLETTING HOUSE shall not assign, subordinate, or sue for financing, this Agreement or any interest therein, unless COUNTY has previously given its written consent. Provided, however, that any approved assignment shall be subject to all the 6 terms, covenants, and conditions of the Agreement. If 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 HOUSE, or if HOUSE is adjudged bankrupt or insolvent by any court or upon HOUSE`s making an assignment for the benefit of creditors, COUNTY may, at its option, forthwith terminate this Agreement upon written notice thereof to HOUSE, and thereupon, no one but COUNTY shall have any further rights hereunder. 21. HYPOTHECATION OF REAL PROPERTY During the term of this Agreement, neither HOUSE nor PRESBYTERY, nor their 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. Notwithstanding Paragraph 22, Violation of Agreement, and any other provisions herein, HOUSE and PRESBYTERY shall reimburse COUNTY for the fair market value of FACILITY less any portion thereof attributable to expenditures of non-CDBG funds for HOUSE and PRESBYTERY, should HOUSE and PRESBYTERY sell, hypothecate, mortgage or encumber FACILITY without the written authorization of COUNTY during the term of this Agreement. 22. VIOLATION OF AGREEMENT In the event that HOUSE and/or PRESBYTERY, or their successors, violates any of the terms and conditions of this Agreement, COUNTY shall give written notice of violation and demand for correction. If, within thirty (30) days from receipt of written notice, HOUSE and/or PRESBYTERY has not corrected the violation or shown acceptable cause, COUNTY 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 HOUSE and/or PRESBYTERY, HOUSE and/or PRESBYTERY shall pay to COUNTY within ten (10) days of receipt of Notice of Termination, the sum of seventy thousand four hundred seventy one dollars ($70,471) . 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. Such termination shall not excuse HOUSE and/or PRESBYTERY from reimbursement provisions in paragraph 21, Hypothecation of Real Property, caused by the sale of FACILITY. 23. TERMINATION BY COUNTY Notwithstanding Paragraph 22, Violation of Agreement, COUNTY may immediately terminate this Agreement upon the termination, suspension, discontinuation or substantial reduction in HUD Community Development Block Grant funding of the Agreement activity or the reprogramming of said funds as deemed necessary by COUNTY. 24. 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. 7 25. IM ALID 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. 26. AINDING INTEREST This Agreement 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 Redlands Department of Economic and P.O. Box 3405 Community Development Redlands, CA 92373 474 West Fifth Street San Bernardino, CA 92415-0040 LESSOR AGENCY Reverend Joseph Beltran Executive Director Protestant Chaplain House of Neighborly Service Fairview Development Center 612 Lawton Street 2501 Harbor Boulevard Redlands, CA 92373 Costa Mesa, CA 92626 8 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 REDLANDS By: Chairman, Board of Supervisors By: M1 Date: Date : 2 SIGNED AND CERTIFIED THAT A COPY OF PRESBYTERY OF RIVERSIDE THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By: EARLENE SPROAT Clerk of the Board of Supervisors Date: of the County of San Bernardino By: HOUSE OF NEIGHBORLY SERVICE Date: B J, hairman Date: APPROVED AS TO LEGAL FORM By: V,)�e'cdfi7j Director L�7 ALAN K. MARKS COUNTY COUNSEL Date: By: Deputy daunty E#nsel Date: PLAY 5 1992 AGMTS/PRESBYTE.M&O 4/21/92/DH/pn 4/29/92/BT/pn 9 t EXHIBIT 1 of 3_ COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOP14ENT ftoject &tivity Title: Casg Number: 111-17425/0924 Redlands: Homeless Shelter Rehabilitation - Project Home Again Name Address of Contractor Agent: Date of Issue: House of Neighborly Service �X Original: 612 Lawton Street Redlands, CA 92373 Amendment INCOME QUALIFICATION STATEMENT This form has the purpose of providing information needed to qualify the use of Federal Community Development Grant (CDBG) funds directly benefitting low-and moderate-income households. The income limits listed below pertain to the total gross annual income of all household members from all sources of income. A household may be a group of related or unrelated individuals occupying the same house with at least one member being the head of household. Renters, roomers or borders cannot be included as household members. 1991-92 ANNUAL GROSS INCOME LIMIT Number of Persons Per Household NO MORE 1 2 3 4 5 6 7 8+ THAN: $20,150 $23,050 $25,904 $28,800 $31,100 $33,400 $35,750 $38,000 1) Total number of persons in household: 2) Is the total annual gross income of your household less than the amount shown on the above chart for your household size? YES NO 3) Do you identify your household as: White Black Hispanic _ American Indian Asian Other _ Female Headed 4) Number of persons handicapped or disabled: ACKNOWLEDGEMENT AND DISCLAIMER (To be completed by Caseworker, Parent or Guardian) I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MATE ON THIS FORM ARE TRUE. NAME/AGENCY: 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. AGMTS/PRESBYTE.M&O 4/21/92/DH/bjj EXHIBIT 2 of cc _ 0 10 0 OC cn � . All 6 th Sig 0 C3 ,-4 -ri CO 4J 4J tn `0 0 CL CL 00G s L e z cr o EXHIBIT 3 of 3 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Project Activity Title: Case Number: 111-17425/0924 Redlands: Homeless Shelter Rehabilitation - Project Home Again Mame Address of Contractor Agency: Date of Issue: House of Neighborly Service __X Original: 612 Lawton Street Redlands, CA 92373 Amendment #_ INSURANCE INVENTORY PRIMARY INSURANCE POLICY Name of Contractor's Insurance Company Effective Dates of Policy Claims Made Policy j j Per Occurrence Policy Limits of Liability Deductibles: Per Occurrence Annual Aggregate Additional Insured Endorsement Attached Yes No Certified Copy of Policy Attached Yes No Certificate of Insurance Attached Yes No EXCESS/UMBRELLA POLICY Name of Contractor's Insurance Company Effective Dates Limits of Liability Underlying Coverage limits Name of Underlying Company Additional Insured Endorsement Attached Yes No Certified Policy (copy of) Attached Yes No Certificate of Insurance Attached Yes No