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HomeMy WebLinkAbout1993-270 IlESOLUTION RllMBER q1, 770 RESOLUTION OF THE MAY02 AlID COMMON COmrCIL OF THE CITY OF SAIl BEIlNARDINO AUTH02IZING AlID DIIlECTING THE EXECUTION OF A COllmKITY DEVELOPMEJIIT BLOCK GRABT FUJllDING AGREEMEl'IT BETWEEN THE CITY OF SAIl BEIlNARDHIO AlID YMCA OF SAN BEIlNARDINO VALLEY BE IT RESOLVED BY THE MAYOR AlID COMMOII COmrCIL OF THE CITY OF SAN BEIlNARDIIIO 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 Development Block Grant funding with YMCA OF SAN BERNARDINO VALLEY, which agreement is attached hereto as Exhibit "I", 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 $60,000 Section 2. (a) The Authorizations to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this Resolution.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 93-270 RESOLUTION OF THE CITY OF SAIl BERIIAIlDINO AUTH02IZING THE EXECUTION OF A CDBG AGREEMENT BETWEEN THE CITY AND YMCA of San Bernardino Valley I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a rp-onl;)T meeting thereof, held on the 1 qt-h day of luly , 1993, by the following vote, to wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSEJIIT EDWARD V. NEGRETE x DR. F.J. CURLIN x RALPH HERNANDEZ x DAVID OBERHELMAN y VACANT VALERIE POPE-LUDLAM y NORINE MILLER x ~~ Ct~ City merk The foregoing resolution is hereby approved this ~~~\~ day of Julv , 1993. ---'n ( / &-7"1/1... ~~ Tom Minor, Mayor Approved as to form and legal content: JAMES F. PENMAN, Cift~ By: ~ 0397e Res 93-270 aQ\G\~"h AGREEMENT THIS AGREEMENT is entered into effective as of the if:!; , at San Bernardino, California, between the City OF SAN BERNARDINO, a municipal corporation, referred to as "City", and YMCA OF SAl'f BERNARDINO VALLEY, a nonprofit community service organization, referred to as "Subrecipient". City and Subrecipient agree as follows: 1. 2ecita1s. (a) Subrecipient has requested financial assistance from City for fiscal year 1993/1994 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 renovating two rooms into a teen/youth center, 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 RES 93-270 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 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 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 $60,000. 3. Term. This Agreement shall commence July 1, 1993, and terminate December 1, 1994. 4. Use of Funds: Bud2et: 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 RES 93-270 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 shall be specifically identified as travel expense, which shall be negotiated between the City of San Bernardino Development Department and Subrecipient as listed in the budget. Any travel expenses incurred by Subrecipient above the budgeted amount or for out-of-state travel shall not be eligible for reimbursement unless the prior written approval of the Executive 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 over 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 evidence of such payment to the City of San Bernardino Development 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 approval to the budget during the first three (3) quarters of the fiscal year, so RES 93-270 long as Subrecipient is in compliance with Section "2" of this Agreement at the time of submission of the budget modification request. A variation 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, provided that the prior written approval of the Executive Director of the Development Department of the City of San Bernardino is obtained, it being understood that the total amount of the grant shall not be varied 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 revert to the City. No reserve for the future shall be established with the funds except as may be authorized to meet commitments made for services provided 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 relative to the form of organization, local business licenses and any laws and regulations specific to the business and activity 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 Executive Director of the Development Department for reimbursement costs incurred during the period when compliance is achieved before expiration of this Agreement. S. Accountita: Audit. (a) Prior to the final payment under this Agreement, and at such other times as may be requested by the Executive Director of the Development Department of the City of San Bernardino, Subrecipient shall submit to the RES 93-270 Director an accounting of the proposed and actual expenditures of all revenues from whatever 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 representative 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 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 RES 93-270 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 to waive 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 govern the performance of its officers, employees or agents in contracting with and expending the federal grant funds made available to Subrecipient under this Agreement. Subrecipient's officers, employees or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or potential contractors. To the extent permissible by state law, rules, and regulations, the standards adopted by Subrecipient shall provide for penalties, sanctions or other disciplinary actions to be applied for violations of such standards by either the Subrecipients's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide 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 93-270 restrain trade. Subrecipient agrees to adhere to conflict of interest provisions 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 received under this Agreement. 8. Anti-Kiclt Baclt provisions: Equal 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 he/she 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. PrevailiJl2 WHe 2eQuirement. 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 RES 93-270 acceptance of the wage determination. Subrecipient shall report all suspected or reported violations to City. 10. Avvroya1 of City of any Char2es: Use of Pr02ram 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 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. TeDlt>orarv Withho1diIl2. 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 RES 93-270 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 provided under this Agreement shall be retained by Subrecipient for a period of three (3) years, at a minimum, and in the event of litigation, claim or audit, the records shall be retained until all litigation, claim or audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this Agreement shall be retained for three (3) years after the final disposition of such property. 13. ProDertv ManaRement 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 movable machinery and equipment. Non-expendable personal property and real property purchased with or improved by funds provided 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 reserves 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 whenever City determines that the Subrecipient RES 93-270 has materially failed to comply with the terms and conditions of this Agreement. In the event 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 effective 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 given 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 effective date of the termination. Such notice may be given orally at that hearing. The determination of the Mayor and Common Council as to cause shall be final. (b) In the event of any termination whether for cause or for convenience, Subrecipient shall forthwith provide to the Development Department any and all documentation needed by the Development Department to establish a full record of all monies received by Subrecipient and to document the uses of same. 15. Termination for Convenience. City or Subrecipient may terminate this Agreement in whole or in part provided both parties agree that the continuation of the project would not produce beneficial results commensurate with further expenditure of funds. In such event, the parties shall agree upon the termination conditions, including the effective 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 effective date and shall cancel as many outstanding obligations as possible. City shall allow RES 93-270 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 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 "i" 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 RES 93-270 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. 19. Assi"nment. 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 delivered in person or sent certified mail, postage prepaid, addressed as follows: As to City: As to Subrecipient KENNETH J. HENDERSON Executive Director Development Department Economic Development Agency 201 North "E" Street, Third Floor San Bernardino, CA 92401 YMCA OF SAN BERNARDINO VALLEY 216 West 6th Street San Bernardino, CA 21. Evidence of Author! tv . Subrecipient shall provide to City evidence in the form of a certified copy of minutes of the governing body of Subrecipient, or other adequate proof, that this Agreement has been approved in all its detail by the governing 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 RES 93-270 forth at length and made a part of this Agreement by execution of all certifications and assurances of the CDBG program. 23. Entire ARreement. 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 event of conflict between the terms, conditions or provisions of this Agreement, and any such document or instrument, the terms and conditions of the Agreement shall prevail. 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. III III III III III III III III III III III III III III III III RES 93-270 FY 1993/1994 CDBG AGkKKPIM'r BETWEEl'l CITY AND Iff WITl'IESS WHEREOF J the parties hereto have executed this Agreement on the date and year first hereinabove written. ATTEST: CITY OF SAN BERNARDINO .a..~ ~ City Clerk By: -;i;r-.&~ Tom Minor J Mayor City of San Bernardino SUBRECIPIENT Approved as to form and legal content: JAMES F. PElfMAlIl J City~ By: <C.t1~ ./ ./ - By: BY:C- ~ / h ' i ,Y-'. .~u.') j -.f. ',__ ,,~f'I7',;.<-. Seerefari/ ." - LJML:0397e Rev. 6/1993 RES 93-270 Attachment A SCOPE OF SERVICES (Description of Activities) $60,000 Grant will be utilized to: Renovate two (2) rooms at the Downtown YMCA (216 W. Youth/Teen Center, Games & Equipment for activites. completely remodeled -ceiling; windows, electrical, etc. 6th Street) into a The rooms will be carpet, AC, painting, PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY Personal Services $5,000 $ 3,000 $ 8,000 Professional Services Totals $55,000 $60,000 $37,000 $40,000 92,000 $100,000 Caui tal Improvements PROJECT SCHEDULE PROPOSED DATE OF COMPLETION ACTUAL DATE OF COMPLETION P1annin2 Conceuts July August Desi~ & Engineerin2 Advertisement for Bids Bid Open Award of Contract Beein Construction 50% Construction Complete Construction Proiect Comu1etion mkc:2842J - 1 - RES 93-270 CITY OF SO BBJnWmlBO DEVELOPMENT DBPAJmous1or.r "Certification and Assurance" (To Accompany CDBG Agreement) I, A./ 7:(.)"'/1/ ::J ~/V(I C~("') (Name and Title of Official) , of the f:v/ (/') dP <(;.rv &/.-0/,,(7/,""/7//V'(' i/~ /k v (Name of Agency/Organization) / located at .;2./(' tJ 6~T.( Jrdr'i-l .C'1; '?"'.r.N.'7.?/J/~'.! {/'V (Address 'of Agency/Organization) 901 /0/ do hereby make the following certification and assurance to accompany the Community Development Block Grant Agreement between (ri~(:r '~~/O':::~;:;{~n)~ /Is"" and the City of San Bernardino: a) Certify that the information booklet for CDBG Program requirements has been read and understood, and b) Assure that the ,/--(-1-/("/1 70 <fry...; 4r'/?-VJ7.,<.~//II() to/k.:/ (Nam of Agency/Organization) will comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. d~.( ./ ..n-;:0~ (Sr'gnature of Official) c/.l':-0r' / / (Date) Development Department (Date) AJH:mkc:2437J