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HomeMy WebLinkAbout1993-056 20 21 22 23 24 25 26 27 28 2 3 4 5 6 RESOLUTION NUMBER q-:t ~~ RESOLUTION OF THE MAYOR Aml COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING Aml DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FIJlIIDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO Aml TEDDY BEAR TIMES CHILD CARE CENTER, INC. BE IT RESOLVED BY THE MAYOR Aml COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: i Section 1. 8 (a) The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of the City, an agreement for !J Community Development Block Grant funding with Teddy Bear Tvmes Child 10 11 12 13 14 Care Center. Inc., which agreement is attached hereto as Exhibit "1", and is incorporated herein by referenced as though fully set forth at length. The agreement provides for the granting of Community Development Block Grant funds in the following amount of $23.800. 15 16 17 18 Section 2. (a) The Authorizations to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within 19 III sixty (60) days of the passage of this Resolution. III III III III III III III III III III II RES 93-56' RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A 2 CDBG AGREEMENT BETWEEN THE CITY AND TEDDY BEAR TYKES CHILD CARE CENTER, INC. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by 5 the Mayor and Common Council of the City of San Bernardino at , the 8th day of meeting thereof, held on 3 March , 1991:, by the following 6 7 a reaular 8 vote, to wit: 9 10 11 12 13 14 15 16 17 18 COUNCIL MEMBERS: AYES ESTHER ESTRADA x JACK REILLY x RALPH HERNANDEZ x MICHAEL MAUDSLEY TOM MINOR x VALERIE POPE-LUDLAM x NORINE MILLER x 19 NAYS ABSTAIN ABSENT x C~:;;<k '-~ ~ ~ The foregoing resolution is hereby approved this ofill~~ , 199\:~ ) day 20 21 22 23 24 25 26 27 28 Approved as to form and legal content: JAMES F. PENMAN, C~ By: J 0292e Res 93-56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT THIS AGREEMENT is entered into effective as of the ~ ~~~~~ ,at San Bernardino, California, between the City OF SAN BERNARDINO, a municipal corporation, referred to as "City", and TEDDY BEAR TYKES CHILD CARE CENTER, INC., a nonprofit community service organization, referred to as "Subrecipient". City and Subrecipient agree as follows: 1. Reci tals . (a) Subrecipient has requested financial assistance from City for fiscal year 1992/1993 from funds available through the Community Development Block Grant Program from the United States of America to City. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the replacement of the carpeting, linoleum, cabinets and minor repair to the walls caused by water damage from the leaky roof all of which are valid and eligible community development purposes, as defined in CFR Part 570 in accordance with federal law and regulations, and that all funds granted under this Agreement will be used for no purpose other than those purposes specifically authorized. The specific purposes and scope of services of this particular grant are set forth in Exhibit "A", attached hereto and incorporated into this Agreement as though fully set forth herein. (c) Subrecipient will comply with applicable uniform administrative requirements, as described in 24 CFR, Part 570.502. (d) Subrecipient will carry out each activity, program and/or project in compliance with all federal laws and regulations as set forth in 24 CFR, Part 570, with the following exceptions, (i) the Subrecipient does not assume the environmental responsiblities of the Grantee as described in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's responsiblities for initiating the review process under Executive Order Number RES 93-56 L I 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l2372 . (e) Subrecipient will comply with the requirements set forth in the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal regulations when attempting to or acquiring any building or parcel of land. Subrecipient will be required to obtain written approval from the Executive Director of the Development Department prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. 2. Pavments. City shall reimburse Subrecipient for allowable costs incurred under the scope of this Agreement and applicable Federal regulations, which have not been paid for or reimbursement will be made at least on a monthly basis, with the total of all such reimbursements not to exceed $23,800. 3. Term. This Agreement shall commence December 21, 1992, and terminate Jun 2l, 1994. 4. Use of Funds: BudRet: Travel Limitation. (a) The funds paid to Subrecipient shall be used by it solely for the purposes set forth in Paragraph l(b) of this Agreement, and in accordance with the program budget submitted by Subrecipient to the City of San Bernardino Community Development Department, a copy of which is attached to this Agreement as Exhibit "B". This budget shall list all sources of funding for the program covered by this Agreement, whether from State, Federal, local or private sources, and shall identify which sources are paying for which specific portions of the program, by line-item, to the extent practicable. (b) No travel expenses for out-of-state travel shall be included in this program unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from funds provided hereunder RES 93-56 I shall be specifically identified as travel expense, which shall be negotiated 2 between the City of San Bernardino Development Department and Subrecipient as 3 listed in the budget. Any travel expenses incurred by Subrecipient above the 4 budgeted amount or for out-of-state travel shall not be eligible for 5 reimbursement unless the prior written approval of the Executive Director of 6 Development Department of the City of San Bernardino, or designee, has been 7 obtained. 8 (c) Funds shall be used for purposes authorized by the Community 9 Development Block Grant Program only, and no portion of the funds granted 10 hereby shall be used for any purpose not specifically authorized by this II Agreement. 12 (d) Only net payroll shall be periodically reimbursed by City as 13 an allowable cost. Any amounts withheld by Subrecipient from an employee's 14 pay for taxes, social security, or other withholdings and not actually paid 15 over to another entity, shall not be included as wages or expenses eligible 16 for reimbursement as an allowable cost until such time as the withheld taxes, 17 social security, or other withholding are not immediately paid over to another 18 entity entitled to such payment. Upon such payment and the submission of 19 evidence of such payment to the City of San Bernardino Development Department, 20 such expenses shall be regarded as an allowable cost, and the City shall 21 reimburse Subrecipient for such obligation. 22 (e) Subrecipient shall be allowed, with the prior written approval 23 of the Development Department of the City of San Bernardino, to make changes 24 to the budget during the first three (3) quarters of the fiscal year, so long 25 as Subrecipient is in compliance with Section "2" of this Agreement at the 26 time of submission of the budget modification request. A variation in the 27 itemization of costs, as set forth in the proposed budget submitted to City, 28 not to exceed ten percent (10%) as to any particular line item, shall be RES 93-56 allowed, provided that the prior written approval of the Executive Director of 2 the Development Department of the City of San Bernardino is obtained, it being 3 understood that the total amount of the grant shall not be varied thereby. 4 (f) The parties intend that grant funds be utilized within the 51 time period covered by this Agreement, and entitlement to any funds not 6 expended or obligated shall revert to the City. No reserve for the future 7 shall be established with the funds except as may be authorized to meet 8 commitments made for services provided during the period of this Agreement, 9 but not yet paid for at the conclusion of this Agreement. 10 (g) Subrecipient shall remain in compliance with all state, 11 federal and local laws prior to the receipt of any reimbursement hereunder. 12 This includes, but is not limited to, all laws and regulations relative to the 13 form of organization, local business licenses and any laws and regulations 14 specific to the business and activity carried out by Subrecipient. 15 Reimbursement shall not be made to Subrecipient which is not operating in . 16 compliance with all applicable laws. Reimbursements may be subsequently paid, 17 at the direction of the Executive Director of the Development Department for 18 reimbursement costs incurred during the period when compliance is achieved 19 before expiration of this Agreement. 20 5. Accounti~: Audit. 21 (a) Prior to the final payment under this Agreement, and at such 22 other times as may be requested by the Executive Director of the Development 23 Department of the City of San Bernardino, Subrecipient shall submit to the 24 Director an accounting of the proposed and actual expenditures of all revenues 25 from whatever source accruing to the organization for the fiscal year ending 26 June 30, 1994. 27 (b) Financial records shall be maintained by Subrecipient in 28 accordance with Generally Accepted Accounting Principles, and in a manner RES 93-56 which permits City to trace the expenditures of funds to source 2 documentation. All books and records of subrecipient are to be kept open for 3 inspection at any time during the business day by the City, its officers or 4 agents, and by any representative of the United States of America authorized 5 to audit community development block grant programs. 6 (c) Standards for financial management systems and financial 7 reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be 8 fully complied with by Subrecipient. Subrecipient acknowledges that the funds 9 provided are federal funds. 10 (d) Subrecipient's financial management system shall provide for 11 accurate, current and complete disclosure of the financial results of each 12 program sponsored by this Agreement. It is the responsibility of Subrecipient 13 to adequately safeguard all assets of the program, and Subrecipient shall 14 assure that they are used solely for authorized purposes. 15 6. Services Available to Residents: MonitorinR and ReDortinR 16 PrORram Performance. 17 The services of Subrecipient shall be made available to residents 18 and inhabitants of the City of San Bernardino unless otherwise noted in 19 Exhibit "A". No person shall be denied service because of race, color, 20 national origin, creed, religion, sex, marital status, or physical handicap. 21 Subrecipient shall comply with Affirmative Action guidelines in its employment 22 practices. Subrecipient shall also monitor the program's activities and 23 submit written reports quarterly, or more often if requested, to the Executive 24 Director of the Development Department of the City of San Bernardino, in 25 accordance with 24 CFR, Part 85.4l(c)(d) and Part 85.2l. Failure to provide 26 such quarterly performance reports may prevent the processing by City of 27 Subrecipient's requests for reimbursement, and may justify temporary wi tbholding as provided for in Paragraph "ll" hereof. City reserves the right 28 , I RES93-56 I 1 to waive such breach, without prejudice to any other of its rights hereunder, 2 pon a finding by the Executive Director of the Development Department that 3 such failure was due to extraordinary circumstances and that such breach has 4 "I ~ been timely cured without prejudice to the City. 7. Procurement Practies: Conflict of Interest. 6 Subrecipient shall comply with procurement procedures and 7 guidelines established by 24 CFR, Part 85.36(d)(1), Subrecipient "Procurement 8 Standards". In addition to the specific requirements of 24 CFR, Part 85, 9 Subrecipient shall maintain a code or standards of conduct which shall govern 10 the performance of its officers, employees or agents in contracting with and 11 I expending the federal grant funds made available to Subrecipient under this 12 Agreement. Subrecipient's officers, employees or agents shall neither solicit 13 nor accept gratuities, favors, or anything of monetary value from contractors 14 or potential contractors. To the extent permissible by state law, rules, and 15 regulations, the standards adopted by Subrecipient shall provide for 16 penalties, sanctions or other disciplinary actions to be applied for 17 violations of such standards by either the Subrecipients's officers, employees 18 or agents, or by contractors or their agents. Subrecipient shall provide a 19 copy of the code or standards adopted to City forthwith. All procurement 20 transactions without regard to dollar value shall be conducted in a manner so 21 as to provide maximum open and free competition. The Subrecipient shall be 22 alert to organizational conflicts of interest or non-competitive practices 23 among contractors which may restrict or eliminate competition or otherwise 24 restrain trade. Subrecipient agrees to adhere to conflict of interest provisions set forth in 24 CFR Section 570.611 and to the procurement rules 25 26 specified in 24 CFR, Part 85.36, in its expenditure of all funds received 27 under this Agreement. 28 III , II RES 93-56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. Anti-Kick Back Provisions: Eaual EmDlovment ODDortunitv. All contracts for construction or repair using funds provided unde this Agreement shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Subrecipient shall report all suspected or reported violations to City. All contracts in excess of $lO,OOO.OO entered into by Subrecipient using funds provided under this Agreement shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order Number ll246, as amended. 9. PrevailinR WaRe Reauirement. Any construction contracts awarded by Subrecipient using funds provided under this Agreement in excess of $2,000.00 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276(a) to 276(a)(7)) and as supplemented by Department of Labor Regulations (29 CFR). Under this act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. Subrecipient shall report all suspected or reported violations to City. 10. ADDroval of City of any CharRes: Use of ProRram Income. (a) City hereby requires Subrecipient to notify the City in writing, of its intent to charge a fee for any service, the provision of which RES93-56 I is assisted pursuant to the Agreement. City requires Subrecipient to obtain 2 the prior written approval of City for any charges or fees to be charged by 3 Subrecipient for such services, and of any rules and regulations governing the 4 provision of services hereunder. [) (b) Program income represents gross income received by the 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Subrecipient directly generated from the use of funds provided hereunder. Such earnings include interest earned on advances and may include, but will not be limited to, income from service fees, sale of commodities, usage and rental fees for real or personal property using the funds provided by this Agreement. As to such income, it shall be first applied to eligible program activities, before requests for reimbursement and, in the use, shall be subject to all applicable provisions of this Agreement. Income not so applied shall be remitted to City. Subrecipient shall remit all unspent program income to the City within thirty (30) days subsequent to the end of the program year (June 30, 1994). 11. TemDorarv Withho1ditlj!;. The Executive Director of the Development Department of the City of San Bernardino is authorized to temporily withhold the payment of funds to Subrecipient when the Director determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Executive Director. Subrecipient shall have the right to appeal the decision of the Executive Director to the Mayor and Common Council. The sole grounds for such appeal shall be that no violation of the Agreement has occurred. Subrecipient shall file such appeal within fifteen (15) days after such first withholding. The Mayor and Common Council shall set a date for the hearing of such appeal which is within thirty (30) days following the date of filing. III II RES 93-56 I 12. Records Retention. 2i II 3 all other records pertaining to the use of the funds provided under this Financial records, supporting documents, statistical records, and 4 Agreement shall be retained by Subrecipient for a period of three (3) years, 5 at a minimum, and in the event of litigation, claim or audit, the records 6 shall be retained until all litigation, claim or audit findings involving the 7il records, have been fully resolved. Records for non-expendable property 8 acquired with federal funds provided under this Agreement shall be retained 9 for three (3) years after the final disposition of such property. 10 13. Property Mana~ement Standards. 11 Non-expendable personal property, for the purposes of this 12 Agreement, is defined as tangible personal property, purchased in whole or in 13 part with federal funds, which has useful life of more than one (1) year and 14 an acquisition cost of one-thousand dollars ($1,000.00) or more per unit. 15 Real property means land, including land improvements, structures and IG appurtenances thereto, excluding movable machinery and equipment. 17 Non-expendable personal property and real property purchased with or improved 18 by funds provided under this Agreement shall be subject to the property 19 management standards set forth in 24 CFR, Part 85.32. 20 14. Termination for Cause. 21 (a) City reserves the right to terminate this Agreement in 22 accordance with 24 CFR, Part 85.43, and any and all grants and future payments 23 under this Agreement, in whole or in part, at any time before the date of 24 completion of this Agreement whenever City determines that the Subrecipient 25 has materially failed to comply with the terms and conditions of this 26 Agreement. In the event City seeks to terminate this Agreement for cause, 27 City shall promptly notify the Subrecipient in writing of the proposed 28 termination and the reasons therefore, together with the proposed effective II RES 93-561 date. Subrecipient shall be given an opportunity to appear before the Mayor 2 and Common Council at the time at which the Mayor and Common Council are to 3 consider such recommended termination, and shall be given a reasonable 4 opportunity to show cause why, if any exists, the Agreement should not be 5 terminated for cause. Upon determination by the Mayor and Common Council that 6 the contract should be terminated for cause, notice thereof, including reasons 7 for the determination, shall promptly be mailed to the Subrecipient, together 8 with information as to the effective date of the termination. Such notice may 9 be given orally at that hearing. The determination of the Mayor and Common 10 Council as to cause shall be final. 11 (b) In the event of any termination whether for cause or for 12 convenience, Subrecipient shall forthwith provide to the Development 13 Department any and all documentation needed by the Development Department to 14 establish a full record of all monies received by Subrecipient and to document 15 the uses of same. 16 15. Termination for Convenience. 17 City or Subrecipient may terminate this Agreement in whole or in 18 part provided both parties agree that the continuation of the project would 19 not produce beneficial results commensurate with further expenditure of 20 funds. In such event, the parties shall agree upon the termination 21 conditions, including the effective date and, in the case of partial 22 terminations, the portion to be terminated. The Subrecipient shall not incur 23 new obligations for the terminated portion after the effective date and shall 24 cancel as many outstanding obligations as possible. City shall allow 25 Subrecipient full credit for the City's share of the non-cancellable 26 obligations properly incurred by the Subrecipient prior to termination. 27 16. Reversion of Assets. 28 Subrecipient agrees that upon expiration of this Agreement, the Ii RES 93-56 1 Subrecipient shall transfer to the City any and all CDBG funds not used at the 2 time of expiration and any accounts receivable attributable to the use of CDBG 3 funds. Subrecipient agrees that any real property under its control, which 4 was acquired or improved, in whole or in part, with CDBG funds in excess of 5, $500.00 shall either, (i) be used to meet one (1) of the three (3) national 6 objectives as set forth in 24 CFR, Part 570.208 until five (5) years after 7 expiration of the Agreement or such period of time as determined appropriate 8 by the City, or; (ii) is disposed of in a manner which results in the City 9 being reimbursed in the amount of the current fair market value of the 10 property less any portion thereof attributable to expenditure of, or 1] improvement to, the property by Subrecipient. Such reimbursement is not 12 required after the period of time specified in "i" above. 13 17. Hold Harmless. ]4 Subrecipient agrees to indemnify, save and hold harmless the City and the 15 Development Department and their employees and agents from all liabilities and ]6 charges, expenses (including counsel fees), suits or losses, however 17 occurring, or damages, arising or growing out of the use of or receipt of 18 funds paid under this Agreement and all operations under this Agreement. 19 Payments under this Agreement are made with the understanding that the City 20 and the Development Department are not involved in the performance of services 2] or other activities of the Subrecipient. Subrecipient and its employees and 22 agents are independent contractors and not employees or agents of City and the 23 Development Department. 24 l8. Amendment. 25 This Agreement may be amended or modified only by written agreement 26 signed by both parties, and failure on the part of either party to enforce any 27 provision of this Agreement shall not be construed as a waiver of the right to 28 compel enforcement of any provision or provisions. RES 93-56 20 2] 22 23 24 I I 25 26 27 28 19. Assi2nment. 2 This Agreement shall not be assigned by Subrecipient without the 3 prior written consent of City. 4 20. Notices. 5 All notices herein required shall be in writing and delivered in 6 person or sent certified mail, postage prepaid, addressed as follows: 7 As to City: As to Subrecipient 8 !) KENNETH J. HENDERSON Executive Director Development Department Economic Development Agency 20l North "E" Street, Third Floor San Bernardino, CA 92401 TEDDY BEAR TYMES CHILD CARE CENTER, INC. 56l No. Sierra Way San Bernardino, CA 92410 ]0 11 12 13 21. Evidence of Authority. ]4 Subrecipient shall provide to City evidence in the form of a ]5 certified copy of minutes of the governing body of Subrecipient, or other 16 adequate proof, that this Agreement has been approved in all its detail by the 17 governing body of the Subrecipient, that the person(s) executing it are 18 authorized to act on behalf of Subrecipient, and that this Agreement is a ]9 binding obligation on Subrecipient. 22. Certification of Assurance. Subrecipient shall comply with the program requirements attached hereto as Exhibit "C", which are incorporated by reference as though fully set forth at length and made a part of this Agreement by execution of all certifications and assurances of the CDBG program. 23. Entire A~reement. This Agreement and any document or instrument attached hereto or referred to herein integrates all terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations and prior writing in II RES 93-56 respect to the subject matter hereof. In the event of conflict between the 2 terms, conditions or provisions of this Agreement, and any such document or 3 instrument, the terms and conditions of the Agreement shall prevail. 10 11 12 13 14 I 15 I I 161 17 I I 18 20 21 22 23 24 25 26 27 28 4 5 24. No Third Party Beneficiaries. No third party shall be deemed to have any rights hereunder against any of the parties hereto as a result of this Agreement. 6 7 8 III III 9 III III III III III III III III III III 19 III III III III III III III III III III RES 93-56 FY 1992/l993 CDBG AGREEMENT BETWEEN CITY AND TEDDY BEAR TYKES CHILD CARE CENTER, INC. 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 3 date and year first hereinabove written. 4 ATTEST: 5 6 ~~d 7 I ~ Clty 8 9 r!..L ~-Nt, Clerk 10 11 12 Approved as to form and legal content: JAMES F. PENMAN, City A~:A"_~~ (J. By~J 131 14 15 16 17 18 AJH:lag:0294e Rev. l2/1992 19 20 21 22 23 24 25 26 27 28 Ii CITY OF SAN BERNARDINO By~ SUBRECIPIENT By: BY: ~ fi8ltltlld>/L- Secretary