HomeMy WebLinkAbout1993-059
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RESOLUTION NUMBER
93-59
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION,
INC.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
Section 1.
(a) The /layor of the City of San Bernardino is hereby authorized
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and directed to execute, on behalf of the City, an agreement for
Community Development Block Grant funding with Young Women's Christian
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Association. 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
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Development Block Grant funds in the following amount of $59.020.
J!.ection 2.
(a) The Authorizations to execute the above referenced agreement
is rescinded if the parties to the agreement fail to execute it within
18 sixty (60) days of the passage of this Resolution.
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RES 93-59
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
2 CDBG AGREEMENT BETWEEN THE CITY AND YOUNG WOMEN'S CHRISTIAN ASSOCIATION,
INC.
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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
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a
reaular
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the
MPlr~h
day of
8th
8 vote, to wit:
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COUNCIL MEMBERS:
AYES
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ESTHER ESTRADA
x
JACK REILLY
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RALPH HERNANDEZ
MICHAEL MAUDSLEY
TOM MINOR
VALERIE POPE-LUDLAM
NORINE MILLER
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~ The foregoing resolution is
of u:-.~"'C \" ,199~?
Approved as to
form and legal content:
JAMES F. PENMAN,
:::y~~
./
029le
meeting thereof, held on
, 1991~ by the following
NAYS
ABSTAIN
ABSENT
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Cit~~ ~
.' day
Res 93-59
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AGREEMENT
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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 YOUNG WOMEN'S CHRISTIAN ASSOCIATION,
INC., a nonprofit community service organization, referred to as
"Subrecipient". City and Subrecipient agree as follows:
1. Reel 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 roof at 567 North Sierra Way in
San Bernardino, 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 andlor
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
RES 93-59
responsiblities for initiating the review process under Executive Order Number
12372 .
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(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
2ithin 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 $59,020.
3. Term.
This Agreement shall commence December 21, 1992, and terminate June
2l, 1994.
4. Use of Funds: Bucket: 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
RES 93-59
approved, and all travel expenses to be funded from funds provided hereunder
2 shall be specifically identified as travel expense, which shall be negotiated
3 between the City of San Bernardino Development Department and Subrecipient as
4 listed in the budget. Any travel expenses incurred by Subrecipient above the
5' budgeted amount or for out-of-state travel shall not be eligible for
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reimbursement unless the prior written approval of the Executive Director of
Development Department of the City of San Bernardino, or designee, has been
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(c) Funds shall be used for purposes authorized by the Community
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Development Block Grant Program only, and no portion of the funds granted
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hereby shall be used for any purpose not specifically authorized by this
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Agreement.
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(d) Only net payroll shall be periodically reimbursed by City as
an allowable cost. Any amounts withheld by Subrecipient from an employee's
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pay for taxes, social security, or other withholdings and not actually paid
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over to another entity, shall not be included as wages or expenses eligible
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for reimbursement as an allowable cost until such time as the withheld taxes,
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social security, or other withholding are immediately paid over to another
19 entity entitled to such payment. Upon such payment and the submission of
20 evidence of such payment to the City of San Bernardino Development Department,
21 such expenses shall be regarded as an allowable cost, and the City shall
22 reimburse Subrecipient for such obligation.
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(e) Subrecipient shall be allowed, with the prior written approval
24 of the Development Department of the City of San Bernardino, to make changes
25 to the budget during the first three (3) quarters of the fiscal year, so long
26 as Subrecipient is in compliance wi th Section "2" of this Agreement at the
27 time of submission of the budget modification request. A variation in the
28 itemization of costs, as set forth in the proposed budget submitted to City,
not to exceed ten percent (10%) as to any particular line item, shall be
RES 93-59
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.
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(f) The parties intend that grant funds be utilized within the time
5 period covered by this Agreement, and entitlement to any funds not expended or
6 obligated shall revert to the City. No reserve for the future shall be
7 established with the funds except as may be authorized to meet commitments
8 made for services provided during the period of this Agreement, but not yet
9 paid for at the conclusion of this Agreement.
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(g) Subrecipient shall remain in compliance with all state,
II 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.
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5.
AccountinR: Audit.
(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
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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.
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(c) Standards for financial management systems and financial
reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be
fully complied with by Subrecipient. Subrecipient acknowledges that the funds
provided are federal funds.
(d) Subrecipient's financial management system shall provide for
accurate, current and complete disclosure of the financial results of each
program sponsored by this Agreement. It is the responsibility of Subrecipient
to adequately safeguard all assets of the program, and Subrecipient shall
assure that they are used solely for authorized purposes.
6. Services Available to Residents: MonitorinR and ReDortinR
Pro~ram Performance.
The services of Subrecipient shall be made available to residents
and inhabitants of the City of San Bernardino unless otherwise noted in
Exhibit "A". No person shall be denied service because of race, color,
national origin, creed, religion, sex, marital status, or physical handicap.
Subrecipient shall comply with Affirmative Action guidelines in its employment
practices. Subrecipient shall also monitor the program's activities and
submit written reports quarterly, or more often if requested, to the Executive
Director of the Development Department of the City of San Bernardino, in
accordance with 24 CFR, Part 85.4l(c)(d) and Part 85.21. Failure to provide
such quarterly performance reports may prevent the processing by City of
Subrecipient's requests for reimbursement, and may justify temporary
withholding as provided for in Paragraph "11" hereof. City reserves the right
RES 93-59
I to waive such breach, without prejudice to any other of its rights hereunder,
2 upon 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 been timely cured without prejudice to the City.
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Procurement Practies: Conflict of Interest.
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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
II 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
25 provisions set forth in 24 CFR Section 570.611 and to the procurement rules
26 specified in 24 CFR, Part 85.36, in its expenditure of all funds received
27 under this Agreement.
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8. Anti-Kick Back Provisions: Eaual EmDlovment ODDortunitv.
All contracts for construction or repair using funds provided under
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 helshe is otherwise entitled.
Subrecipient shall report all suspected or reported violations to City. All
contracts in excess of $10,000.00 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 11246, as amended.
9. Prevailill2 WaEe 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 GharEes: Use of ProEram 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
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is assisted pursuant to the Agreement. City requires Subrecipient to obtain
the prior written approval of City for any charges or fees to be charged by
Subrecipient for such services, and of any rules and regulations governing the
provision of services hereunder.
(b) Program income represents gross income received by the
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. Temporary WithholdiIU>;.
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.
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RES 93-59
12. Records Retention.
2 Financial records, supporting documents, statistical records, and
3 all other records pertaining to the use of the funds provided under this
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
7 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.
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13. Proper tv Mana~ement Standards.
II 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.
211 (a) City reserves the right to terminate this Agreement in
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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,
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City shall promptly notify the Subrecipient in writing of the proposed
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termination and the reasons therefore, together with the proposed effective
date.
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Subrecipient shall be given an opportunity to appear before the Mayor and
2 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
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opportunity to show cause why, if any exists, the Agreement should not be
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.
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(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.
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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.
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16. Reversion of Assets.
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Subrecipient agrees that upon expiration of this Agreement, the
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Subrecipient shall transfer to the City any and all CDBG funds not used at the
time of expiration and any accounts receivable attributable to the use of CDBG
funds. Subrecipient agrees that any real property under its control, which
was acquired or improved, in whole or in part, with CDBG funds in excess of
$500.00 shall either, (i) be used to meet one (1) of the three (3) national
objectives as set forth in 24 CFR, Part 570.208 until five (5) years after
expiration of the Agreement or such period of time as determined appropriate
by the City, or; (ii) is disposed of in a manner which results in the City
being reimbursed in the amount of the current fair market value of the
property less any portion thereof attributable to expenditure of, or
improvement to, the property by Subrecipient. Such reimbursement is not
required after the period of time specified in "in above.
17. Hold Harmless.
Subrecipient agrees to indemnify, save and hold harmless the City and the
Development Department and their employees and agents from all liabilities and
charges, expenses (including counsel fees), suits or losses, however
occurring, or damages, arising or growing out of the use of or receipt of
funds paid under this Agreement and all operations under this Agreement.
Payments under this Agreement are made with the understanding that the City
and the Development Department are not involved in the performance of services
or other activities of the Subrecipient. Subrecipient and its employees and
agents are independent contractors and not employees or agents of City and the
Development Department.
18. Amendment.
This Agreement may be amended or modified only by written agreement
signed by both parties, and failure on the part of either party to enforce any
provision of this Agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
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RES 93-59
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19. Assignment.
2 This Agreement shall not be assigned by Subrecipient without the
3 prior written consent of City.
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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:
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As to City:
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KENNETH J. HENDERSON
Executive Director
Development Department
Economic Development Agency
201 North "E" Street, Third Floor
San Bernardino, CA 92401
As to Subrecipient
YOUNG WOMEN'S CHRISTIAN
ASSOCIATION, INC.
567 No. Sierra Way
San Bernardino, CA 92410
14 Subrecipient shall provide to City evidence in the form of a
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21.
Evidence of Authoritv.
15 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
19 binding obligation on Subrecipient.
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Certification of Assurance.
21 Subrecipient shall comply with the program requirements attached
22 hereto as Exhibit "C", which are incorporated by reference as though fully set
23 forth at length and made a part of this Agreement by execution of all
24 certifications and assurances of the CDBG program.
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Entire A~reement.
This Agreement and any document or instrument attached hereto or
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referred to herein integrates all terms and conditions mentioned herein or
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incidental hereto, and supersedes all negotiations and prior writing in
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I respect to the subject matter hereof. In the event of conflict between the
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terms, conditions or provisions of this Agreement, and any such document or
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instrument, the terms and conditions of the Agreement shall prevail.
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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.
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RES 93-59
FY 1992/1993 CDBG AGREEMENT BETWEEN CITY AND YOUNG WOMEN'S CHRISTIAN
, ASSOCIATION, INC.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
3 date and year first hereinabove written.
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ATTEST:
CITY OF SAN BERNARDINO
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~~~le~
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Approved as to form and
legal content:
BY:
N/A
JAMES F. PENMAN,
City Attorney ~
By: ~~. .J
./ -
Secretary
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15 AJH:lag:0293e
16' Rev. 12/1992
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