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HomeMy WebLinkAbout1993-259 RESOLUTION lfUMBER q~ 7~q RESOLUTION OF TIlE MAYOR AllD COMMON COUNCIL OF TIlE CITY OF SAlI BERlfARDINO AUTHORIZING AllD DIRECTING TIlE EXECUTION OF A COMMlllfITY DEVELOPMElll'I BLOCK GRAl'IT FIIlfDIlfG AGREEMENT BETWEEN TIlE CITY OF SAlI BERlfARDIlfO AllD ItEAOOWBROOK AMATEUR BOXING ACADEMY, INC. BE IT RESOLVED BY TIlE MAYOR AllD COMMON COUNCIL OF TIlE CITY OF SAlI BERlfARDINO AS FOLLOWS: Section 1. (a) The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of the City, an agreement for Community Deyelopment Block Grant funding with MEADOWBROOK AMATEUR BOXING ACADEMY, INC., which agreement is attached hereto as Exhibit "1", and is incorporated herein by referenced as though fully set forth at length. The agreement proyides for the granting of Community Deyelopment Block Grant funds in the following amount of $6,3l9 Section 2. (a) The Authorizations to execute the aboye referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this Resolution. III III III III III III III III III III III RES 93-259 RESOLUTION OF THE CITY OF SO BERl'lARDIl'lO AUTHORIZING THE EXECUTION OF A CDBG AGREEMENT BETWKKl'l THE CITY AND Meadowbrook Amateur Boxing Academy, Inc. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a reaular meeting thereof, held on the 19th day of .Iuly , 1993, by the following yote, to wit: COUl'lCIL MEMBERS: AYES NAYS ABSTAIN ABSEl'lT EDWARD V. NEGRETE y DR. F.J. CURLIN x RALPH HERNANDEZ y DAVID OBERHELMAN x VACANT VALERIE POPE-LUDLAM x NORINE MILLER x C~~~ The foregoing resolution is hereby approyed this ~~~\~, day of July ,1993. ~ / or;;)?J~ Tom Minor, Mayor Approyed as to form and legal content: JAMES F. PENMAN, c"y~ By: ./ 0397e Res 93-259 (j R\(;.\%\\,----- AGREEMENT THIS AGREEMENT is entered into effectiye as of the , :JJJ , at San Bernardino, California, between the City OF SAN BERNARDINO, a municipal corporation, referred to as "City", and MEADOWBROOK AMATEUR BOXING ACADEMY, INC., a nonprofit community seryice organization, referred to as "Subrecipient". City and Subrecipient agree as follows: 1. Recitals. (a) Subrecipient has requested financial assistance from City for fiscal year 1993/1994 from funds ayailable through the Community Deyelopment Block Grant Program from the United States of America to City. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the installation of a new boxing ring for amateur boxing for under-priyileged youths, all of which are yalid and eligible community deyelopment 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 seryices 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 administratiye 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 RES 93-259 does not assume the enyironmental 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 reyiew process under Executive Order Number 12372. (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 approyal from the Executiye Director of the Deyelopment Department prior to any actiyity taking place within the confines of URA 49 CFR, Part 24, as amended. 2 . PaVlllents . City shall reimburse Subrecipient for allowable costs incurred under the scope of this Agreement and applicable Federal regulations, which haye 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 $6,319. 3. Term. This Agreement shall commence July 1, 1993, and terminate December l, 1994. 4. Use of Funds: Budltet: 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 Deyelopment Department, a copy of which is attached to this Agreement as Exhibit "B". This budget shall list all sources of funding for the program coyered by this Agreement, whether from State, Federal, local or private sources, and shall identify which sources are paying for which RES 93-259 specific portions of the program, by line-item, to the extent practicable. (b) No trayel expenses for out-of-state trayel shall be included in this program unless specifically listed in the budget as submitted and - approyed, and all trayel expenses to be funded from funds proyided hereunder shall be specifically identified as trayel expense, which shall be negotiated between the City of San Bernardino Deyelopment Department and Subrecipient as listed in the budget. Any trayel expenses incurred by Subrecipient aboye the budgeted amount or for out-of-state trayel shall not be eligible for reimbursement unless the prior written approyal of the Executiye Director of Development Department of the City of San Bernardino, or designee, has been obtained. (c) Funds shall be used for purposes authorized by the Community Development Block Grant Program only, and no portion of the funds granted hereby shall be used for any purpose not specifically authorized by this Agreement. (d) Only net payroll shall be periodically reimbursed by City as an allowable cost. Any amounts withheld by Subrecipient from an employee's pay for taxes, social security, or other withholdings and not actually paid oyer to another entity, shall not be included as wages or expenses eligible for reimbursement as an allowable cost until such time as the withheld taxes, social security, or other withholding are immediately paid over to another entity entitled to such payment. Upon such payment and the submission of eyidence of such payment to the City of San Bernardino Deyelopment Department, such expenses shall be regarded as an allowable cost, and the City shall reimburse Subrecipient for such obligation. (e) Subrecipient shall be allowed, with the prior written approyal to the budget during the first three (3) quarters of the fiscal year, so RES 93-259 long as Subrecipient is in compliance with Section "2" of this Agreement at the time of submission of the budget modification request. A yariation in the 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 allowed, proyided that the prior written approyal of the Executiye Director of the Deyelopment Department of the City of San Bernardino is obtained, it being understood that the total amount of the grant shall not be yaried thereby. (f) The parties intend that grant funds be utilized within the time period covered by this Agreement, and entitlement to any funds not expended or obligated shall reyert to the City. No reserye for the future shall be established with the funds except as may be authorized to meet commitments made for seryices proyided during the period of this Agreement, but not yet paid for at the conclusion of this Agreement. (g) Subrecipient shall remain in compliance with all state, federal and local laws prior to the receipt of any reimbursement hereunder. This includes, but is not limited to, all laws and regulations relatiye to the form of organization, local business licenses and any laws and regulations specific to the business and actiYity carried out by Subrecipient. Reimbursement shall not be made to Subrecipient which is not operating in compliance with all applicable laws. Reimbursements may be subsequently paid, at the direction of the Executiye Director of the Deyelopment Department for reimbursement costs incurred during the period when compliance is achieyed before expiration of this Agreement. 5. AccolDltillJP;: Audit. (a) Prior to the final payment under this Agreement, and at such other times as may be requested by the Executiye Director of the Deyelopment Department of the City of San Bernardino, Subrecipient shall submit to the RES 93-259 Director an. accounting of the proposed and actual expenditures of all reyenues from whateyer source accruing to the organization for the fiscal year ending June 30, 1994. (b) Financial records shall be maintained by Subrecipient in accordance with Generally Accepted Accounting Principles, and in a manner which permits City to trace the expenditures of funds to source documentation. All books and records of subrecipient are to be kept open for inspection at any time during the business day by the City, its officers or agents, and by any representatiye of the United States of America authorized to audit community development block grant programs. (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 proyided are federal funds. (d) Subrecipient's financial management system shall proyide 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: MonitoriD.2 and ReDortiD.2 Pro~ram Performance. The services of Subrecipient shall be made ayailable to residents and inhabitants of the City of San Bernardino unless otherwise noted in Exhibit "A". No person shall be denied seryice 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 actiyities and submit written reports quarterly, or more often if requested, to the RES 93-259 Executiye Director of the Deye10pment Department of the City of San Bernardino, in accordance with 24 CFR, Part 85.41(c)(d) and Part 85.21. Failure to proyide such quarterly performance reports may preyent the processing by City of Subrecipient's requests for reimbursement, and may justify temporary withholding as proYided for in Paragraph "11" hereof. City reseryes the right to waiye such breach, without prejudice to any other of its rights hereunder, upon a finding by the Executive Director of the Development Department that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 7. Procurement Practies: Conflict of Interest. Subrecipient shall comply with procurement procedures and guidelines established by 24 CFR, Part 85.36(d)(1), Subrecipient "Procurement Standards". In addition to the specific requirements of 24 CFR, Part 85, Subrecipient shall maintain a code or standards of conduct which shall goyern the performance of its officers, employees or agents in contracting with and expending the federal grant funds made ayai1able to Subrecipient under this Agreement. Subrecipient's officers, employees or agents shall neither solicit nor accept gratuities, fayors, or anything of monetary ya1ue from contractors or potential contractors. To the extent permissible by state law, rules, and regulations, the standards adopted by Subrecipient shall proyide for penalties, sanctions or other disciplinary actions to be applied for yiolations of such standards by either the Subrecipients's officers, employees or agents, or by contractors or their agents. Subrecipient shall proyide a copy of the code or standards adopted to City forthwith. All procurement transactions without regard to dollar ya1ue shall be conducted in a manner so as to proyide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among contractors which may restrict or eliminate competition or otherwise RES 93-259 restrain trade. Subrecipient agrees to adhere to conflict of interest proYisions set forth in 24 CFR Section 570.611 and to the procurement rules specified in 24 CFR, Part 85.36, in its expenditure of all funds receiyed - under this Agreement. 8. Anti-Kick Back provisions: Eaual EmDlovment ODDortunitv. All contracts for construction or repair using funds proYided under this Agreement shall include a proYision 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 proYides 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 giye up any part of the compensation to which he/she is otherwise entitled. Subrecipient shall report all suspected or reported yiolations to City. All contracts in excess of $10,000.00 entered into by Subrecipient using funds proyided under this Agreement shall contain a proyision requiring compliance with Equal Employment Opportunity provisions established by Executiye Order Number 11246, as amended. 9. PrevailinR WaRe Reauirement. Any construction contracts awarded by Subrecipient using funds proyided under this Agreement in excess of $2,000.00 shall include a proyision for compliance with the Dayis-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 preyailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the RES 93-259 acceptance of the wage determination. Subrecipient shall report all suspected or reported yiolations 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 serYice, the proyision of which is assisted pursuant to the Agreement. City requires Subrecipient to obtain the prior written approyal of City for any charges or fees to be charged by Subrecipient for such serYices, and of any rules and regulations governing the proyision of services hereunder. (b) Program income represents gross income receiyed by the Subrecipient directly generated from the use of funds proYided hereunder. Such earnings include interest earned on adyances and may include, but will not be limited to, income from seryice 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 actiYities, before requests for reimbursement and, in the use, shall be subject to all applicable proyisions 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 WithholdinR. The Executiye Director of the Deyelopment Department of the City of San Bernardino is authorized to temporily withhold the payment of funds to Subrecipient when the Director determines that any yiolation of this Agreement has occurred. Funds shall be withheld until the yiolation is corrected to the satisfaction of the Executive Director. Subrecipient shall have the right to appeal the decision of the Executiye Director to the Mayor and Common Council. The sole grounds for such appeal shall be that no yiolation of the RES 93-259 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. 12. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds proyided under this Agreement shall be retained by Subrecipient for a period of three (3) years, at a minimum, and in the eyent of litigation, claim or audit, the records shall be retained until all litigation, claim or audit findings inyolYing the records, haye been fully resolyed. Records for non-expendable property acquired with federal funds proyided under this Agreement shall be retained for three (3) years after the final disposition of such property. 13. PrODertv JIIIRn'''.ement Standards. Non-expendable personal property, for the purposes of this Agreement, is defined as tangible personal property, purchased in whole or in part with federal funds, which has useful life of more than one (1) year and an acquisition cost of one-thousand dollars ($1,000.00) or more per unit. Real property means land, including land improvements, structures and appurtenances thereto, excluding moyable machinery and equipment. Non-expendable personal property and real property purchased with or improyed by funds proyided under this Agreement shall be subject to the property management standards set forth in 24 CFR, Part 85.32. 14. Termination for Cause. (a) City reseryes the right to terminate this Agreement in accordance with 24 CFR, Part 85.43, and any and all grants and future payments under this Agreement, in whole or in part, at any time before the date of completion of this Agreement wheneyer City determines that the Subrecipient RES 93-259 has materially failed to comply with the terms and conditions of this Agreement. In the eyent City seeks to terminate this Agreement for cause, City shall promptly notify the Subrecipient in writing of the proposed termination and the reasons therefore, together with the proposed effectiye date. Subrecipient shall be given an opportunity to appear before the Mayor and Common Council at the time at which the Mayor and Common Council are to consider such recommended termination, and shall be giyen a reasonable 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 the contract should be terminated for cause, notice thereof, including reasons for the determination, shall promptly be mailed to the Subrecipient, together with information as to the effectiye date of the termination. Such notice may be giyen orally at that hearing. The determination of the Mayor and Common Council as to cause shall be final. (b) In the eyent of any termination whether for cause or for conyenience, Subrecipient shall forthwith proyide to the Deyelopment Department any and all documentation needed by the Deyelopment Department to establish a full record of all monies receiyed by Subrecipient and to document the uses of same. l5. Termination for Convenience. City or Subrecipient may terminate this Agreement in whole or in part proyided both parties agree that the continuation of the project would not produce beneficial results commensurate with further expenditure of funds. In such eyent, the parties shall agree upon the termination conditions, including the effectiye date and, in the case of partial terminations, the portion to be terminated. The Subrecipient shall not incur new obligations for the terminated portion after the effectiye date and shall cancel as many outstanding obligations as possible. City shall allow RES 93-259 Subrecipient full credit for the City's share of the non-cancellable obligations properly incurred by the Subrecipient prior to termination. 16. Reversion of Assets. Subrecipient agrees that upon expiration of this Agreement, the Subrecipient shall transfer to the City any and all CDBG funds not used at the time of expiration and any accounts receiyable attributable to the use of CDBG funds. Subrecipient agrees that any real property under its control, which was acquired or improyed, 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 objectiyes as set forth in 24 CFR, Part 570.208 until fiye (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 yalue of the property less any portion thereof attributable to expenditure of, or improyement to, the property by Subrecipient. Such reimbursement is not required after the period of time specified in "i" aboye. l7. Hold Harmless. Subrecipient agrees to indemnify, saYe and hold harmless the City and the Deyelopment Department and their employees and agents from all liabilities and charges, expenses (including counsel fees), suits or losses, howeyer 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 Deyelopment Department are not inyolyed in the performance of seryices or other actiyities of the SUbrecipient. Subrecipient and its employees and agents are independent contractors and not employees or agents of City and the RES 93-259 Deyelopment Department. l8. 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 proyision of this Agreement shall not be construed as a waiyer of the right to compel enforcement of any proyision or proyisions. 19. Assiomlllent. This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 20. Notices. All notices herein required shall be in writing and deliyered in person or sent certified mail, postage prepaid, addressed as follows: As to City: As to Subrecipient KENNETH J. HENDERSON Executiye Director Deyelopment Department Economic Deyelopment Agency 201 North "E" Street, Third Floor San Bernardino, CA 92401 MEADOWBROOK AMATEUR BOXING ACADEMY, INC. 1126 West Congress Street San Bernardino, CA 2l. Evidence of Authoritv. Subrecipient shall provide to City eyidence in the form of a certified copy of minutes of the goyerning body of Subrecipient, or other adequate proof, that this Agreement has been approyed in all its detail by the goyerning body of the Subrecipient, that the person(s) executing it are authorized to act on behalf of Subrecipient, and that this Agreement is a 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 I RES ~~=259 forth at length and made a part of this Agreement by execution of all certifications and assurances of the CnBG program. 23. Entire AJr.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 respect to the subject matter hereof. In the eyent of conflict between the terms, conditions or proyisions of this Agreement, and any such document or instrument, the terms and conditions of the Agreement shall preyai1. 24. Iro Third Party Beneficiaries. No third party shall be deemed to haye any rights hereunder against any of the parties hereto as a result of this Agreement. III III III III III III III III III III III III III III III III RES 93-259 FY 199311994 CDBG AGluiJsIouslrr JlETWEElII CITY AND III WITllESS WHEIlEOF, the parties hereto have executed this Agreement on the. date and year first hereinabove written. ATTEST: CITY OF SAN BERNARDINO JI~~ Cl~ By: -r~)!~ 'rom Kinor, Kayor City of San Bernardino Approved as to form and legal content: SUBREC/;ENT , By: tlifUiJ ~dd_ .0) P Prr,es dent BY: ~ (J.-J2~ Secretary JAKES F. PEIIKAII, ~ LJKL:0397e Rev. 6/l993 RES 93-259 Attachment A SCOPE OF SERVICES (Description of Activities) 'p,(tJ(;:;c ;f GY,1;'4",,1S/lI~ E~I'~$,e=/f"'~ .4#2) ..DY5j-JFIIC7'C/(S C1l11I;V'E/(5) rcJ rI#V~ /l Cd#/'/fC'/7c#.f/VE .-fYJ' pl/-1LITY Yt:1t/Ttf 4/'ff/97f#..f DCl):'/A'6 ?;(tJtfX'/1111 F??,f' r/E Yo//r// of /~E ~'#~ffA'//~ r,.rc1V/Pf o,P/,/wrt/4/l7/ /2J,-f ,YoCiT#5 7'2J 4:W/'/'cTc /,1/ ,..f,f"f/f, JJ/.5rt?/CI, ,1:EG/tJ&L/ I'f#/7?l/f!'#L / EY051##-l'/c14//1/1' 4/Y'1J OLY/#,P/C U?/>>~L:T/ 7'7.o~, PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY Personal Services Professional Services Callital 1III1Irovements ..::;f c,- 3 I r. 0 () 1f.:rn"" Totals -#'6,; 3/;1; ,::>0 t' -#' 6/319. tJtJ ~ ~ 3'/1,-00 PROJECT SCHEDULE PROPOSED DATE OF COMPLETION ACTUAL DATE OF COMPLETION PlanninR Concellts IVA /Vi! A/I! Nil ;1//1 AlA !if! ;1/;1 7/30/9'3 I DesiRn & En2ineerinR Advertisement for Bids Bid 01len Award of Contract BeRin Construction 50% Construction Com1l1ete Construction Proiect Com1l1etion 7/~/13 , mltc:2842J - 1 - RES 93-259 CITY OF SAlt BBRltUDIlro DEVELOPMENT DBPllIMBRT "Certification and Assurance" (Yo Accompany CDBG Agreement) I. #mc?a{; SaV~, h~c<<7'~ ,OI:.ecZ'r (Name and'Yit1e of Official) ~Ad!wlkoo,f J'1%'ahr ZsK~~~ .dr'~:JY -ke, (Name of Agencyf rganizatio ) //~t' It/, ~7J18J' .<ff: , ~f ,~hn/frL;t~ . C"/9 r.2~(} ( adress of~gency/Organization) . of the located at do hereby make the following certification and assurance to accompany the Community Development Block Grant Agreement between .4-i:?~C{/ktJcJ/" d@.;;';{;;r 7{".,u'Ui: ba0-1fr .21.{t,and the (Name of Agency/Organ zation) / City of San Bernardino: a) Certify that the information booklet for CDBG Program requirements has been read and understood. and f/ '.J . .::/#C, b) Assure that theh~6-MI"I>>,f~,v Z,U;~ t-d~~V' will (Name of Agency/Organi ation) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. ~~ S:l~ (Signature of Official) P/YJ (Date) Development Department (Date) AJH:mkc:2437J