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HomeMy WebLinkAbout1992-069 . . . 1 RESOLUTION NO. 92-69 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A 3 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OPTION HOUSE, INC., FOR ADDITIONAL 4 HOUSING DEVELOPMENT 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Option House, for additional Housing Development, which agreement is attached hereto as Exhibit "1", and is incorporated herein by reference as though fully set forth at length. The agreement provides for the granting of Community Development Block Grant funds in the fOllowing amount of $75,000.00. SECTION 2. ( a) The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this Resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 17th day of February, 1992 by the following vote, to wit: III III III III DAB:js[grant.res] 1 23 24 25 26 27 28 92.-69 - . < 1 2 3 4 5 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 OPTION HOUSE, INC., FOR ADDITIONAL HOUSING DEVELOPMENT I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 6 Bernardino at a re~lar meeting thereof, held on the 17th 7 8 day of February , 1992, by the following vote, to wit: Council Members: 9 ESTRADA AYES NAYS X X X X --- y X X ABSTAIN ABSENT 10 REILLY 11 HERNANDEZ 12 MAUDSLEY 13 MINOR 14 POPE-LUDLAM 15 MILLER 16 17 18 19 of 20 21 22 Approved as to form and legal content: The foregoing resolution is hereby appro February , 1992. this 19th day ~ JAMES F. PENMAN, City Attorney ~~ DAB:js[grant.res] 2 - > r C I T Y 0 F S.A N B ERN A R DIN 0 INTEROFFICE MEMORANDUM CITY CLERK'S DFFICE DATE: February 20, 1992 TO: ~Vo'pgii.:p.i~s(?n.., Secretary, EDA FROM: Rachel Krasney, City Clerk SUBJECT: Transmittal for execution of signatures and return to City Clerk for filing with Res. No. 92-69. COPIES: Patty Aguilera -------------------------------------------------------------- Attached are the following documents: Certified executed copy of Resolution No. 92-69; and one Oriainal Community Development Block Grant Funding Agreement. Such contracts have been executed by Mayor Holcomb, Senior Assistant City Attorney Barlow, and City Clerk. Please return the original CDBG Funding Agreement to the City Clerk for filing with the resolution upon completion of execution of signatures. I hereby of the above mentioned documents. Signe . Dated: By: o ~'I{t) O--~(\ \ \'1 Rachel Krasney City Clerk RK:mav Gf/t4/ev- f~v ~h)('rAq.-,e. (C'(\.\.J1..6A~ , ':./'\ ' 'rh L" II <' f\. (L\ Et4 \.Ai \ / / 1 ~\/.o, C\if r( (ih-'""r ~ C{ ~ V'tw "-v ~ OM V() Ct~-t--J 1~~J..5 (; City of San Bernardino Res. NO. 92-69 AGREEMENT THIS AGREEMENT is entered into effective as of thel7th day of February 1992, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and OPTION HOUSE, INC., a nonprofit community service organization, referred to as "Subredpient". City and Subrecipient agree as follows: 1. Red tals. (a) Subrecipient has requested financial assistance from City for fiscal year 1991/1992 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 development of additional transitional housing including the transporting, setting the mobile home units and the other related construction activities for the complete installation including landscaping, 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 92-69 CDBG Qrant Agreement Page -2- assume the environmental responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's responsibilities 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 reimbursed in any other manner by any other Agency or private source of funding. Reimbursement will be made at least on a monthly basis, with the total of all such reimbursements not to exceed $ 3. Term. This Agreement shall commence , and terminate 1992. 4. Use of Funds: Budl!:et: 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 92-69 CDBG Grant Agreement Page -3- 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 shall be specifically identified as travel expense, which shall be negotiated between the City of San Bernardino Development Department and Subrecipient 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 are 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 and not 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 of the Development Department of the City of San Bernardino, to make changes to the budget during the first three (3) quarters of the fiscal year, so long 92-69 CDBG Grant Agreement Page -4- 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. 5. AccountinR: 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 Director an accounting of the proposed and actual expenditures of all revenues 92-69 CDBG Grant Agreement Page -5- from whatever source accruing to the organization for the fiscal year ending June 30, 1992. (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: Monitori~ and Reporti~ PrORram 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, 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 02-69 CDBG Grant Agreement Page -6- 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 Practices: 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 actons to be applied for violations of such standards by either the Subrecipient'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 restrain trade. Subrecipient agrees to adhere to conflict of interest provisions set 92-69 CDBG GTant Agreement Page -7- 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-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 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. PrevailiDR Wa2e 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 be required to pay wages not less often than once a week. Subrecipient 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. 92-69 CDBG Grant Agreement Page -8- 10. ADDroval of Citv of anv 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 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, 1992). 11. TemDorarv Withholdi~. The Executive Director of the Development Department of the city of San Bernardino is authorized to temporarily 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 92-69 CDBG Grant Agreement Page -9- 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, claims and 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. Provertv 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 has materially failed to comply with the terms and conditions of this Agreement. In the event seeks to terminate this Agreement for cause, City 92-69 CDBG Grant Agreement Page -10- 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 Subrecipient full credit for the City's share of the non-cancellable obligations properly incurred by the Subrecipient prior to termination. 92-69 CDBG Grant Agreement Page -11- 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, (1) 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 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 92-69 . CDBG Grant Agreement Page -12- provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of any provision or provisions. 19. Assie: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, 3rd Fl San Bernardino, CA 92401 Veletta Scott, Executive Director Option House Incorporated P. O. Box 970 San Bernardino, CA 92402 21. Evidence of Authority. 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 forth at length and made a part of this Agreement by execution of all certifications and assurances of the CDBG program. 92-69 CDBG Grant Agreement Page -13- 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 this Agreement shall prevail. 24. No Third Part Beneficiaries. No third party shall be deemed to have any rights hereunder against any of the parties hereto as a result of this Agreement. IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII 92-69 CDBG Grant Agreement Page -14- FY 1991/1992 CDBG AGRKEMENT BETWEEB CITY AND OPTION HOUSE, INC., (DEVELOPMENT OF ADDITIONAL TRANSITIONAL HOUSING) IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first hereinabove written. ~~E~ .--- ATTEST: CITY OF SAN BERNARDINO SUBRECIPIENT Approved as to form and legal content: BY: President JAMES F. PENMAN, ~ BY: Secretary . 92-69 CITY OF SAN BERNARDINO COMMUNITY DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Supplemental Information for SUbrecipient As a successful applicant of the City of San Bernardino FY 1989/1990 Community Development Block Grant (CDBG) Program, you are not only agreeing to provide the services as stated in your application, but also to abide by the CDBG Program requirements and responsibilities. To further assist you in understanding said requirements and responsibilities, the following summaries and attachments have been prepared to introduce to or update you on each item. Additionally, this instructional package will reauire your governing body designated official to read and sign hiS/her signature as part of the CDBG agreement. Monthlv Reauest for Reimbursement Deadline: Due the fifth (5th) day after end of each calen- dar month unless otherwise stated in the CDBG agreement. Include the following: a) One (1) completed Request for Reimbursement form. b) One (1) copy of all checks issued that are being reimbursed. c) One (1) copy of all bills/receipts that support check(s) issued. d) One (1) copy of all payroll check(s) that are being reim- bursed. e) One (1) copy of all check stubs, accounting ledgers, and/or other documentation that reflect gross salary and all deductions for each check(s) issued. f) One (1) page narrative describing activities undertaken during the month included for reimbursement. In response to its part of each agreement, the City agrees to pay all invoices within thirty (30) days after it receives the invoice provided the City is satisfied all expenses have been incurred within the scope of the executed agreement and that the subrecipient continues to comply with the terms and conditions of the CDBG agreement. (Generally, invoices are processed within ten (10) days of receipt of same.) The City reserves the right to defer processing of invoices and withhold payments until all required reports, statements, and/or certificates have been submitted and, where necessary, approved. 2 92-69 CDBG PROGRAM Supplemental Information a) All accounting records and evidence pertaining to all costs of each subrecipient and all documents related to the CDBG agreement shall be retained and available for three (3) years following the completion of the funded program. b) Each subrecipient agrees to allow the City of San Bernar- dino Community Development Department to audit the funded program as part of its annual audit of all CDBG funds pursuant to federal regulations set forth in Title 24 of the Code of Federal Regulations. Reports/Reportinq Requirements and Records/Record Keepinq Requirements While staff realizes that report writing and record-keeping are not the most desirable aspects of any program, it is one vehicle that provides a measure of program progress and accomplishments. Thus, all subrecipients participating in the CDBG Program are required to provide the City of San Bernardino Community Development Department with written reports of its activities on or before the tenth (10th) day of October, January, April and July of any given program year for the previous three (3) month period in addition to a final report when the agreement terminates. All reports shall include information on program activities, accomplish- ments, new program information and current program statistics on expenditures, case loads and activities of the reporting period. Each subrecipient is also required to maintain monthly records of all ethnic and racial statistics of persons and families assisted by its program(s). This monthly record shall include data on the number of low and moderate income persons and households assisted, (as determined by federal income limits), number of female-headed households, and number of senior citizens assisted. As mentioned earlier, each subrecipient is required to keep all accounting records and evidence pertaining to all costs for three (3) years following completion of the funded program. Quarterlv Reports Deadlines: October 10 -- for period covering July 1, to September 30, of program year. January 10 -- for period covering October 1, to December 31, of program year. 3 92-69 CDBG PROGRAM Supplemental Information April 10 -- for period covering January 1, to March 31, of program year. July 10 -- for period covering April 1 to June 30, of program year. Include the following: a) One (1) completed Activity Report (form number 802). b) One (1) competed Direct Benefit Report (form number 045(a) . c) One (1) completed Contract and Subcontract Activity Report (form OMB 2506-006). (For construction projects only.) It is the responsibility of the subrecipient to prepare and submit the required reports by the above stated deadlines in order to keep City staff informed of any changes to the funded program(s). Proqram Monitorinq One of the City's responsibilities is to monitor each subrecipient at least once a year. Not only are the monitoring visits intended to ensure each agency's continued compliance with CDBG requirements, but also serve as an opportunity for city staff to become more knowledgeable of each agency's program(s). The monitoring visits also serve as an opportunity to provide information to other City staff, the Mayor and Common Council and other interested persons. Listed below is typical information City staff will be seeking, observations that might be made, and items we may wish to review: a) The accomplishment(s) of the program(s) to date. b) Whether or not program objectives are being met. c) That the intended client group is being served. d) The number of people on staff. e) The existence and maintenance of client files. f) Assistance City staff can provide. In addition to monitoring each agency once a year, the City of San Bernardino Community Development Department reserves the right to have its internal auditor conduct an onsite audit of the program as part of the its annual audit of all CDBG funds pursuant to Federal Regulations. 4 92-69 COBG PROGRAM Supplemental Information Although the terms "monitoring" and "audit" may appear somewhat formidable, please be assured that your agency will be notified in advance of any request for a monitoring visit. Also, please be advised that representatives from HUO monitor the COBG program every year. Ouring HUO visit(s), they may wish to monitor one (1) or more of the City's subrecipients. If your agency should be selected, you will be notified in advance in order to arrange a mutually convenient time. Proqram BUdqet Another required element of your COBG agreement with the city is the program budget. Please submit an updated line item budget reflecting your approved COBG allocation. Also, include a copy of your overall program budget with a summary of your funding source(s) and the total agency budget. The COBG portion of your total program or agency budget should be identifiable. In past years, several agencies have raised questions regard- ing minor budget modifications or adjustments. Staff realizes that the approved budget may require minor adjust- ments during the life of the program and request that you discuss proposed changes with Community Development Depart- ment staff. Again, please be reminded that capital or non-expendable equipment is not to be purchased with CDBG funds. If you need to acquire such equipment, please discuss it with Community Development Department staff. Purchase of Personal ProDertv or EquiDment (Read section 13 of the CDBG Aqreement All tangible personal property having a useful life of more than one (1) year and an acquisition cost of three hundred dollars ($300.00) or more per unit shall be subject to the requirements of the Property Management Standards specified in 24 CFR, Part 85.32, "Common Rule". Procedures a) All equipment and property purchased in accordance with the above standards shall be identified as "Federal Property-HUD", (include your internal Identification Number). Identification may be achieved by tagging or engraving the property or by any method that will result in property Identification Number being Dermanentlv affixed. 5 92-69 CDBG Program Supplemental Information b) Maintain a separate record of all such equipment and property. Information shall include: 1. Name/Description 2. Serial Number 3. Identification Number 4. Date Purchased 5. Purchase Price 6. Condition (i.e., excellent/good/fair/poor) 7. Characteristics (i,e., color/features, etc.) 8. Physical Location (i.e., address/office/room, etc.) c) Submit an inventory listing to the City of San Bernardino Community Development Department each vear endina June 30. said listing is to be submitted by Julv 10 following the end of the year. The list should include all the information included in item (b). d) A written request must be submitted to the City of San Bernardino Community Development Department for any approved purchases that are not in the originally approved budget (see agreement). Written authorization must be obtained from the Community Development Department by subrecipient prior to the purchase of any equipment, whether or not said equipment was included in the agency's original budget. e) It is the responsibility of the subrecipient to maintain and repair all property and equipment purchased with CDBG funds. It is also the responsibility of the subrecipient to identify all purchased equipment and property with tags or engraving, and to supply same. Fiscal Accountina and Audit Documentation The city of San Bernardino community Development Department requires each agency to observe and comply with all account ing rules and audit procedures as set forth in the CDBG agreement. The following is a brief description of the most prominent requirements: a) As a participant in the City of San Bernardino CDBG Program, each subrecipient agrees to keep all funds received from the city separate from any other sources of funding. b) Each subrecipient also agrees received from the City of San with the procedures set forth and Administrative Handbook". attached. to keep records of all funds Bernardino in accordance in the "Agreement Accounting A copy of the Handbook is 6 92-69 CDBG Program Supplemental Information Audits Each subrecipient shall provide the City of San Bernardino Community Development Department with an audit report, completed and signed by a certified Public Accountant. The audit shall include all information pertinent to the CDBG funded program including any audit findings. The audit report shall be prepared and submitted to the City of San Bernardino Community Development Department as soon after the close of the year ending June 30, as is possible, or immediately after the subrecipient's regular audit is completed (whichever is first). certification and Assurance Attached is a copy of the certification and Assurance form to be prepared and signed by the designated governing offi- cial(s) of the subrecipient agency. This document is to be attached to the CDBG agreement and shall become part of the governing requirements. 7 92-69 CrTY OF SAN BERNARDrNO COMMUNrTY DEVELOPMENT DEPARTMENT "certification and Assurance" (TO Accompany CDBG Agreement) I, , of the (Name of Agency/Organization) located at (Name and Title of Official) do hereby make the following certification and assurance to accompany the Community Development Block Grant Agreement between (name of organization) 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 (name of Agency) will comply with all governing require- ments as stipulated herewith in the performance of the CDBG Agreement. (Signature of Official) (Date) (Date) Community Development Department ELF/lab/3025 2/1989 8 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 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF SAN BERNARDINO ) I, RACHEL KRASNEY, City Clerk in and for the City of San Bernardino DO HEREBY CERTIFY that the foregoing and attached copy of San Bernardino City Resolution NO. 92-69 is a full, true and correct copy of that now on file in this office. SS IN affixed 20th WITNESS WHEREOF, the official seal day of February I have hereunto set my hand and of the City of San Bernardino this , 19..R. dy~:-/ City Clerk ~/2F/V~I'i-4'?~4 ~- /-/ '/ /~, by: L 0';- / ,Y///., c':4[(.- Melanie Vale, - / -/ ,- /// /. ,.u-.........<.- Deputy 4~5 AG2EE!lEBT THIS AGREEMENT is entered into effective as of the ____ day of 1992, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and OPTION HOUSE, INC., a nonprofit community service organization, referred to as "Subrecipient". City and SUbrecipient agree as follows: 1. 2ecitals. (a) SUbrecipient has requested financial assistance from City for fiscal year 1991/1992 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 development of additional transitional hOUSing including the transporting, setting the mobile home units and the other related construction activities for the complete installation including landscaping, 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 /tR GDBG Grant Agreement Page -2- assume the environmental responsibilities of the Grantee as described in 24 GrR, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's responsibilities 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 GFR, 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 2~, as amended. 2. Pa'9lllenta. 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 reimbursed in any other manner by any other Agency or private source of funding. Reimbursement will be made at least on a monthly basis, with the total of all such reimbursements not to exceed $ 3. XArL This Agreement shall commence , and terminate 1992. 4. Use of ll'nn"s: RndIFet: 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 Iv ." CDBG Grant Agreement Page -3- 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 shall be specifically identified as travel expense, which shall be negotiated between the City of San Bernardino Development Department and SUbrecipient 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 are 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 and not 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 of the Development Department of the City of San Bernardino, to make changes to the budget during the first three (3) quarters of the fiscal year, so long (0 . CDBG Grant Agreement Page -4- as SUbrecipient is in compliance with Section "2" of this Agreement st the time of submission of the budget modification request. A variation in the itemization of costs, ss 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. 5. AccountinR: 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 Director an accounting of the proposed and actual expenditures of all revenues l~ ." CDBG Grant Agreement Page -5- from whatever source accruing to the organization for the fiscal year ending June 30, 1992. (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 24CFR, Parts 85.20 and 85.22 shall be fully complied with bySubrecipient. 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: lfonitorinR and ReDortinR PrORram Performance. The Services of Sub recipient 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, 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 Ih .' CDBG Grant Agreement Page -6- 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 Practices: 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 actons to be applied for violations of such standards by either the Subrecipient'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 restrain trade. Subrecipient agrees to adhere to conflict of interest provisions set ,0 CDBG Grant Agreement Page -7- 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-JCick Back Provisions: EQUAl EmDlo'9lllent ODDortuni tv . 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.$IO,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 11246, 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 be required to pay wages not less often than once a week. Subrecipient 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. I~ CDBG Grant Agreement Page -8- 10. ADDrova1 of Citv of anv Charlles: Use of Prollram 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 3D, 1992). 11. remDorarv Witbholdinll. The Executive Director of the Development Department of the city of San Bernardino is authorized to temporarily witbhold the payment of funds to SUbrecipient when the Director determines that any violation of this Agreement has occurred. Funds shall be witbheld 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 witbholding. The Mayor and Common Council shall l~ CDBG Grant Agreement Page -9- 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, claims and 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. Froller" Mllnlllltement St....dards 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 has materially failed to comply with the terms and conditions of this Agreement. In the event seeks to terminate this Agreement for cause, City \~ CDBG Grant Agreement Page -10- 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 Conv....fence. 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 Subrecipient full credit for the City's share of the non-cancellable obligations properly incurred by the SUbrecipient prior to termination. Iy CDBG Grant Agreement Page -11- 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, (1) 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 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 1& CDBG Grant Agreement Page -12- provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of any provision or provisions. 19. Assi""'"'ent. 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, 3rd Fl San Bernardino, CA 92401 Veletta Scott, Executive Director Option House Incorporated P. O. Box 970 San Bernardino, CA 92402 21. Evidence of Authoritv. 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 forth at length and made a part of this Agreement by execution of all certifications and assurances of the CDBG program. I~ GDBG Grant Agreement Page -13- 23. Entire Aareement. 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 this Agreement shall prevail. 24. No Third Part Beneficiaries. No third party shall be deemed to have any rights hereunder against any of the parties hereto as a result of this Agreement. //// lIlt lIlt lIlt lIlt lIlt lIlt lIlt lIlt lIlt ///1 lIlt lIlt lIlt lIlt lIlt {tt CDBG Grant Agreement Page -14- FY 1991/1992 CDBG A-.uftI5III".[ BBrWBElI CITY AID OPrIOIl BOUSE, IE., (DEVELOPMElIr OF ADDITIOllAL TUBSITIOllAL BOUSIBG) IN WITNESS WHEREOF, the partiea hereto have ezecuted this Agreement on the day and year first hereinabove written. ATTEST: CITY OF SAIl IlDIIAllnnfO CITY CLERIC BY: W. R. BOLCOMB, Mayor City of San Bernardino SllBRl:CIPIE1IT Approved as to form and legal content: BY: President JAMES F. PENMAN, ~ BY: Secretary '"'" ::i:\' "....-;',. ~..~<~.. ,.."C. "', ~ ,..;:t';o,;,~~7 ~,'.. -,,.,,,--' "1/'> .,.",,",'~" "":~. :~;~~-~~~'.'~ ~~;,,:{:t;,:.-._, .iI!>>:.". '7~~'~: _~fj~;:" {~1. . '--k~ CITY OF SAN BERNARDINO COMMUNITY DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUDD1ementa1 Information for SUbreciDient As a successful applicant of the City of San Bernardino FY 1989/1990 Community Development Block Grant (CDBG) Program, you are not only agreeing to provide the services as stated in your application, but also to abide by the CDBG Program requirements and responsibilities. To further assist you in understanding said requirements and responsibilities, the following summaries and attachments have "been prepared to introduce to or update you on each item. Additionally, this instructional package will reauire your governing body designated official to read and sign hiS/her signature as part of the CDBG agreement. Monthlv Reauest for Reimbursement Deadline. Due the fifth (5th) day after end of each calen- dar month unless otherwise stated in the CDBG aqre_ent. Include the following; " a) One (1) completed Request for Reimbursement form. b) One (1) copy of all checks issued that are being reimbursed. c) One (1) copy of all bills/receipts that support check(s) issued. d) One (1) copy of all payroll check(s) that are being reim- bursed. e) One (1) copy of all check stubs, accounting ledgers, and/or other documentation that reflect gross salary and all deductions for each check(s) issued. f) One (1) page narrative describing activities undertaken during the month included for reimbursement. In response to its part of each agreement, the City agrees to pay all invoices within thirty (30) days after it receives the invoice provided the City is satisfied all expenses have been incurred within the scope of the executed agreement and that the subrecipient continues to comply with the terms and conditions of the CDBG agreement. (Generally, invoices are processed within ten (10) days of receipt of same.) The City reserves the right to defer processing of invoices and withhold payments until all required reports, statements, and/or certificates have been submitted and, where necessary, approved. 2 ".. I.~ ,'-"'.~ -~~tt~~~>_.,_. CDBG PROGRAM Supplemental Information a) All accounting records and evidence pertaining to all costs of each subrecipient and all documents related to the CDBG agreement shall be retained and available for three (3) years following the completion of the funded program. b) Each subrecipient agrees to allow the city of San Bernar- dino Community Development Department-to audit the funded program as part of its annual audit of all CDBG funds pursuant to federal regulations set forth in Title 24 of. the Code of Federal Regulations. Reaorts/R.DortiDa Reauirements and Records/Record X..aiDa Reauirem8Dt. While staff realizes that report writing and record-keeping are not the most desirable aspects of any program, it is one vehicle that provides a measure of program progress and accomplishments. Thus, all subrecipients participating in the CDBG Program are reauired to provide the City of San Bernardino Community Development Department with written reports of its activities on or before the tenth (lOth) day of October, January, April and July of any given program year for the previous three (3) month period in addition to a final report when the agreement terminates. All reports shall include information on program activities, accomplish- ments, new program information and current program statistics on expenditures, case loads and activities of the reporting period. Each subrecipient is also required to maintain monthly records of all ethnic and racial statistics of persons and .families assisted by its program(s). This monthly record shall include data on the number of low and moderate income persons and households assisted, (as determined by federal income limits), number of female-headed households, and number of senior citizens assisted. As mentioned earlier, each subrecipient is required to keep all accounting records and evidence pertaining to all costs for three (3) years following completion of the funded program. OUarterlv Reaorts Deadlines: October 10 -- for periOd covering July 1, to September 30, of program year. January 10 -- for period covering October 1, to December 31, of program year. 3 t~ ,_.,"':.:0.0___..:" "'J." -....-.-"'< ;'J:: ~ CDBG PROGRAM Supplemental Information April 10 -- for period covering January 1, to March 31, of program year. July 10 -- for period covering April 1 to June 30, of program year. Include the following: a) One (1) completed Activity Report (form number 802). b) One (1) competed Direct BeneritReport (rorm number 045(a). c) One (1) completed Contract and Subcontract Activity Report= (form OMB 2506-006). (For construction projects only.) It is the responsibility or the subrecipient to prepare and submit the required reports by the above stated deadlines in order to keep City staff informed of any changes to the funded program(s). Proaram MODi~ori~a One of the City's responsibilities is to monitor each subrecipient at least once a year. Not only are the monitoring visits intended to ensure each agency's continued compliance with CDBG requirements, but also serve as an opportunity for City staff to become more knowledgeable of each agency's program(s). The monitoring visits also serve as an opportunity to provide information to other City staff, the Mayor and Common Council and other interested persons. Listed below is typical information City staff will be seeking, observations that might be made, and items we may wish to review: a) The accomplishment(s) of the program(s) to date. b) Whether or not program objectives are being met. c) That the intended client group is being served. d) The number of people on staff. e) The existence and maintenance of client files. f) Assistance City staff can provide. In addition to monitoring each agency once a year, the city of San Bernardino Community Development Department reserves the right to have its internal auditor conduct an onsite audit of the program as part of the its annual audit of all CDBG funds pursuant to Federal Regulations. 4 > "~~""ll.." d~~~:':, ~';f~'. "".~',,::-- ",,_:_,:;-:~F::A~~i ><_i,;;;~Jt',;~~"....~. ..jt-~~..".",...::~ . ,.,-~~-~~"-",, CDBG PROGRAM Supplemental Information Although the terms "monitoring" and "audit" may appear somewhat formidable, please be assured that your agency will be notified in advance of any request for a monitoring visit. Also, please be advised that representatives from BUD monitor- the CDBG program every year. During HOD visit(s), they may wish to monitor one (1) or more of the city's subrecipients. If your agency should be selected, you will be notified in advance in order to arrange a mutually convenient time. proaram Budae't Another required element of yourCDBG agreement with the City is the program budget. Please submit an updated line item budget reflecting your approved CDBG allocation. Also, include a copy of your overall program budget with a summary of your funding source(s) and the total agency budget. The CDBG portion of your total program or agency budget should be identifiable. In past years, several agencies have raised questions regard- ing minor budget moclifications or adjustments. Staff realizes that the apprOVed budget may require minor adjust- ments during the life of the program and request that you discuss proposed changes with Community Development Depart- ment staff. . Again, please be reminded that capital or non-expendable equipment is not to be purchased with CDBG funds. If you need to acquire such equipment, please discuss it with Community Development Department staff. ~r::as~ :: Personal ProDertv or Eauioment (Read Section 13 of the CDBC: Aar....Jlt: . All tangible personal property having a useful life of more than one (1) year and an acquisition cost of three hundred dollars ($300.00) or more per unit shall be subject to the requirements of the Property Management Standards specified in 24 CFR, Part 85.32, "COIIIIIIon Rule". Procedures a) All equipment and property purchased in accordance with the above standards shall be identified as "Federal property-HOD", (include your internal Identification Number). Identification may be achieved by tagging or engraving the property or by any method that will result in property Identification Number being Dermanentlv affixed. 5 L~. __:7i:-~;~~;~,,~;:;;i~-;'7:,~_ CDBG Program Supplemental Information b) Maintain a separate record of all such equipment and property. Information shall include: 1. Name/Description 2. Serial Number 3. Identification Number 4. Date:Purchased 5. Purchase Price 6. Condition (i.e., excellent/good/fair/poor) 7. Characteristics (i,e., color/features, etc.) 8. PhysicaL Location (Le., address/office/room, etc.) c) Submit" an-inventory listing to the city of San Bernardino Community Development Department each vear endina June 30. Said listing is to be submitted by Julv 10 following the end of the year. The list should include all the information included in item (b). d) A written request must be submitted to the City of San Bernardino Community Development Department for any approved purchases that are not in the originally approved budget (see agre8lllent). Written authorization must be obtained from the Community Development Department by subrecipient prior to the purchase of any equipment, whether or not said equipment was included in the agency's" original budget. e) It is the responsibility of the subrecipient to maintain and repair all property and equipment purchased with CDBG funds. It is also the responsibility of the subrecipient to identify all purchased equipment and property with tags or engraving, and to supply same. Pi.ca! AcaouD~iDa aDd .udi~ Docua.Dta~iOD The City of San Bernardino Community Development Department requires each agency to observe and comply with all account ing rules and audit procedures as set forth in the CDBG aqreement. The following is a brief description of the most prominent requirements: a) As a participant in the City of San Bernardino CDBG Program, each subrecipient agrees to keep all funds received from the City seDarate from any other sources of funding. b) Each subrecipient also agrees received from the City of San with the procedures set forth and Administrative Handbook". attached. to keep records of all funds Bernardino in accordance in the "Agreement Accounting A copy of the Handbook is 6 l~ ."~.,,,~;,-&~;)}~::~~~:.-,~~;:~._, ,. -. CDBG proqram Supplemental Information AUdits Each subrecipient shall provide the city of San Bernardino Community Development Department with an audit report, completed and siqned by a Certified Public Accountant. The audit shall include all information pertinent-to the COBG funded proqram includinq any audit findinqs. The audit report-shall be prepared and submitted to the City of San Bernardino Community Development Department as soon after the close of the yearendinq June 30, as is possible, or immediately after the subrecipient's reqularaudit is completed (whichever is first). cer~iflca~ioD aDa A.surance Attached is a copy of the Certification and Assurance form to- be prepared and siqned by the desiqnated qoverninq offi- cial(s) of the subrecipient aqency. This document is to be attached to the CDBG aqreement and shall become part of the qoverninq requirements. \ , 7 " I~ . .,. ,-. " ~ CITY OJ' sur BERNARDINO COMMtlliITY DEVELOPMENT DEPARTMENT "CertificatioD aad Aaauraaca" (To Accolllpaay CDBG Agra_aDt) I, , of (Name and Title of Official) the (Name of Agency/organization) located at do hereby maka the following certification and assurance to accompany the COllllllunity Development Block Grant Agreement between (name of organization) 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 _ (name of Agency) will comply with all governing require- ments as stipulated herewith in the performance of the CDBG Agreement. (Signature of Official) (Date) COllllllunity Development Department (Date) ELF/lab/3025 2/1989 8 I~ ~. .. .-:.,z, - '';':,,: