HomeMy WebLinkAbout1991-259
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RESOLVTION NllMBER 91-259
RESOLVTION OF THE Mll.YOR AND <DHlN CDUH::IL OF THE CITY OF SAN BERNl\RDIH:l
AUTIKlRIZIm AND D.u<rA.:x.uG THE EXECl1l'ION OF A cnooJNITY DEVEIDl'MENl' BIDCJt GRl\Nl'
FllNDIm 1lGREEMEN1' BETWEEN THE CITY OF SAN BERNl\RDIH) AND SAN BERNl\RDIH:l LEGAL
AID ttl..)l;.u.~~'i.
BE IT RESOLVED BY THE Mll.YOR AND <DHlN CDUH::IL OF THE CITY OF SAN
BERNl\RDIH) 1\8 FOLIJJWS:
section 1.
(a) '!he Mayor of the City of San Bernardino is hereby authorized ani
directed to execute, on behalf of the city, an agreement for Community
Development Block Grant fun:.:ling with SAN BERNARDrno LroAL AID SOCIEI'Y. which
agreement is attached hereto as Exhibit "1", ani is incorporated herein by
reference as though fully set forth at length. '!he agreement provides for the
grantirY;J of Community Development Block Grant funds in the follCMirY;J amount of
$20.000.00.
section 2.
(a) '!he authorizations to execute the above referenced agreement is res-
ciIXied if the parties to the agreement fail to execute it within sixty (60)
sixty days of the passage of this Resolution.
I HEREBY CERI'IFY that the foregoirY;J resolution was duly adopted by the
Mayor ani Cc:Jmnr:m Council of the City of San Bernardino at a regular
meetirY;J thereof, held on the 17th day of June
vote, to wit:
1991 by the follCMirY;J
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RESOLUTION OF THE CITY OF SAN BERNl\RDIID AUTlDRIZIm THE EXECUTION
OF A CDBG 1lGREEMENT BE;~wJ!iU'l CITY AND SAN BERNl\RDIID LEGlU. AID SOCIETY
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2 COImCil MeIl1bers
3 E'.S'I'RAI:lA
4 REILLY
5 HERNANDEZ
6 MAlJOOIEY
7 MINOR
8 roPE-llJDIAM
9 MILlER
l\BB'mIN
AYES
NAYS
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G(~~
'!he forego:in1 Resolution is hereby approved this 19th day of June
1991.
~~ 721~
TOM MINOR, MAYOR PRO TEMPORE
City of San Bernardino
Approved as to form an:i
legal content:
JAMES F. PENMlIN,
City Attorney
~j~
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Res. 91-259.
~gB~~ln;l!''!'
THIS AGREEMENT is entered into effective as of this ~ day of
June , 1991, at San Bernardino, Califomia, between the CITY OF SAN
BERNARDINO, a IIIlll1icipal corporation, referred to as "City", and LEGAL AID
SOCIEI'Y OF SAN BERNARDINO. a nonprofit community service organization,
referred to as "SUbrecipient". city and SUbrecipient agree as follows:
1. Recitals.
(a) SUbrecipient has requested financial assistance from city for
fiscal year 1991/1992 from funds available through the Cammunity Development
Block Grant Program from the United states of America to city.
(b) SUbrecipient represents that the expenditures authorize:l by this
Agreement are for the provision of leaal services for low and moderate income
people. which are valid and eligible community development purposes, as de-
fine:l in ern Part 570 in a=rclance with fe:leral law and regulations, and
that all funds granted urxier this Agreement will be use:l for no purpose other
than those purposes specifically authorize:l. The specific purposes and scope
of services of this particular grant are set forth in Exhibit "A", attache:l
hereto and incorporated into this Agreement as though fully set forth herein.
(c) SUbrecipient will comply with applicable unifonn administrative
requirements, as describe:l in 24 ern, Part 570.502.
(d) SUbrecipient will carry out each activity, program and/or project
in compliance with all fe:leral laws and regulations as set forth in 24 ern,
Part 570, with the following exceptions, (i) the SUbrecipient does not assume
the envirornnental responsibilities of the Grantee as describe:l in 24 ern,
Part 570.604, and; (ii) the SUbrecipient does not assume the Grantee's
responsibilities for initiating the review process un:ier Executive Order
Number 12372.
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EXHIBIT "I"
1 (e) SUbrecipient will comply with the requirements set forth in the
2 Unifonn Relocation Assistance am Real Property Acquisition Policy Act of
3 1970, as amended, (URA), 49 ern, Part 24 in a=rdance with federal
4 regulations when atterrpting to or acquiring any building or parcel of lam.
5 SUbrecipient will be required to obtain written approval from the Executive
6 Director of the Development Deparbnent prior to any activity taking place
7 within the confines of URA 49 ern, Part 24, as amended.
8 2. Pavments.
9 City shall reimburse SUbrecipient for allowable costs incurred under
10 the scope of this Agreement am applicable Federal regulations, which have
11 not been paid for or reimbursed in any other manner by any other Agency or
12 private source of fun:ling. ReiJnbursement will be made at least on a II'Ol1thly
13 basis, with the total of all such reill1bursements not to exceed $20.000.00.
14 3. Tenn.
15 'Ibis Agreement shall cammence Julv 1. 1991. am tenninate June 30,
16 1992.
17 4. Use of Funds: Bu&let: Travel Limitation.
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(a) The funds paid to SUbrecipient shall be used by it solely for
19 the purposes set forth in Paragraph 1 (b) of this Agreement, am in a=rdance
20 with the program budget sul:nnitted by SUbrecipient to the City of San Ben1ar-
21 dine Community Development Deparbnent, a copy of which is attached to this
22 Agreement as Exhibit "B". This budget shall list all sources of fun:ling for
23 the program covered by this Agreement, whether from state, Federal, local or
24 private sources, am shall identify which sources are paying for which speci-
25 fic portions of the program, by line-item, to the extent practicable.
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(b) No travel expenses for out-of-state travel shall be included in
27 this program unless specifically listed in the budget as sul:nnitted am ap-
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proved, and all travel expenses to be funded fram funds provided hereunder
shall be specifically identified as travel expense, which shall be negotiated
between the city of San Bernardino Development Deparbnent and SUbrecipient in
the budget. my travel expenses :incurred by SUbrecipient above the budgeted
amount or for out-of-state travel shall not be eligible for reilnbursement
unless the prior written approval of the Executive Director of Development
Deparbnent of the City of San Bernardino, or designee, has been obtained.
(e) Funjs shall be used for purposes authorized by the Community
Development Bl=k 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. my amounts withheld by SUbrecipient fram an employee's pay
for taxes, social security, or other withholdirq and not i1mnedi.ately paid
over to another entity, shall not be included as wages or expenses eligible
for reimbursement as an allowable cost until such ti1ne as the withheld taxes,
social security, or other withholdings are actually paid over to another
entity entitled to such payment. Upon such payment and the su!:mli.ssion of
evidence of such payment to the city of San Bernardino Development
Development Deparbnent, 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 Deparbnent of the City of San Bernardino, to make changes
to the budget during the first three (3) quarters of the fiscal year, so long
as SUbrecipient is in compliance with Section "2" of this Agreement at the
ti1ne of submission of the budget mcxlification 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
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1 allowed, provided that the prior written approval of the Executive Director
2 of the Development Development of the City of San Bernardino is obtained, it
3 being urrlerstood that the total aJlK)lll'l't of the grant shall not be varied
4 thereby .
5 (f) The parties interxl. that grant furrls be utilized within the ti.1re
6 period covered by this Agreement, and entitlement to any furrls not experxied
7 or obligated shall revert to the city. No reserve for the future shall be
8 established with the furrls except as may be authorized to meet commitments
9 made for services provided during the period of this Agreement, but not yet
10 paid for at the conclusion of this Agl:eement.
11 (g) SUbrecipient shall remain in COIIilliance with all state, federal
12 and local laws prior to the receipt of any reill1bursement hereurrler. This
13 includes, but is not lllnited to, all laws and regulations relative to the
14 fom of organization, local business licenses and any laws and regulations
15 specific to the business and activity carried out by SUbrecipient. Reimburse-
16 ment shall not be made to SUbrecipient which is not operating in COIIIpliance
17 with all applicable laws. Reill1bursements may be subsequently paid, at the
18 discretion of the Executive Director of the Development Department for
19 reill1bursement costs .incurred during the period when COIIilliance is achieved
20 before expiration of this Agreement.
21 5. AccountincH Audit.
22 (a) Prior to the final payment under this Agreement, and at such
23 other times as may be requested by the Executive Director of the Development
24 Department of the City of San Bernardino, SUbrecipient shall submit to the
25 Director an accounting of the proposed and actual experrlitures of all
26 revenues from whatever source accruing to the organization for the fiscal
27 year ending June 30, 1992.
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(b) Financial records shall be maintained by SUbrecipient in accord-
ance with Generally Accepted A=unting Principles, am in a manner which
permits City to trace the experrlitures of funds to source doctnnentation. All
books am records of SUbrecipient are to be kept open for inspection at any
tilne during the business day by the City, its officers or agents, am by any
representative of the united states of America authorized to audit OClllIlI1llnity
development block grant programs.
(c) Starrlards for financial management systems am financial report-
ing requirements established by 24 CFR, Parts 85.20 am 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 am complete disclosure of the financial results of each
program sponsored by this Agreement. It is the responsibility of SUbreci-
pient to adequately safeguard all assets of the program, am SUbrecipient
shall assure that they are used solely for authorized pw:poses.
6. services Available to Residents: MonitoriIlCl and ReDortiIlCl 1>1......,LCIIU
Perfo:cnance.
'!he services of SUbrecipient shall be made available to residents am
inhabitants of the City of San Bernardino unless otherwise noted in Exhibit
"A". No person shall be denied service because of race, color, national ori-
gin, creed, sex, marital status, or physical handicap. SUbrecipient shall
comply with Affirmative Action guidelines in its employment practices. SUbre-
cipient shall also monitor the program's activities am submit written re-
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ports quarterly, or 11lOre often if requested, to the Executive Director of the
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Development Deparbnent of the City of San Bernardino, in accordance with 24
CFR, Part 85.41(C) (d) am Part 85.21. Failure to provide such quarterly
perfonnance reports may prevent the processing by City of SUbrecipient' s
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1 requests for re:i1nbursement, arxi may justify terrporary withholding as provided
2 for in Paragraph "11" hereof. City reserves the right to waive such breach,
3 without prejudice to any other of its rights hereun:ier, upon a finding by the
4 Executive Director of the Development Department that such failure was due to
5 extraordinary ci=umstances arxi that such breach has been t.i1nely cured
6 without prejudice to the City.
7 7. Procuranent Practices: conflict of Interest.
8 SUbrecipient shall conply with procurement procedures arxi guidelines
9 established by 24 CFR, Part 85.36(d) (1), SUbrecipient "Procurement
10 Standards". In addition to the specific requirements of 24 CFR, Part 85,
11 SUbrecipient shall maintain a code or standards of corxiuct v.m.ch shall govern
12 the performance of its officers, enployees or agents in contractin;J with arxi
13 expendi.rg the federal grant funjs made available to SUbrecipient urxier this
14 Agreement. SUbrecipient's officers, enployees or agents shall neither solicit
15 nor accept gratuities, favors, or anything of m:metary value from contractors
16 or potential contractors. To the extent pennissable by state law, rules, arxi
17 regulations, the standards adopted by SUbrecipient shall provide for
18 penalties, sanctions or other disciplinary actions to be applied for
19 violations of such standards by either the SUbrecipient's officers, enployees
20 or agents, or by contractors or their agents. SUbrecipient shall provide a
21 copy of the code or standards adopted to City forthwith. All procurement
22 transactions without regard to dollar value shall be conducted in a manner so
23 as to provide maximum open arxi free conpetition. 'Ihe SUbrecipient shall be
24 alert to organizational conflicts of interest or non-competitive practices
25 among contractors v.m.ch may restrict or eliminate conpetition or otherwise
26 restrain trade. SUbrecipient agrees to adhere to conflict of interest
27 provisions set forth in 24 CFR Section 570.611 arxi to the procurement rules
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specified in 24 em, Part 85.36, in its expenditure of all fun:1s received
under this Agreement.
8. Anti-Rick Back Provisions: Eaual EmP10vment OcPortunitv.
All contracts for construction or repair using fun:1s provided under
this Agreement shall include a provision for CCIllpliance with the Copelam
"Anti-Kick Back" Act (18.U.S.C. 874) as supplemented in DepartJnent of Labor
Regulations (29 em, Part 3). nrls Act provides that each contractor or
subgrantee shall be prohibited fran in:lucing, by any means, any person em-
ployed in the construction, CCIllpletion or repair of public work, to give up
any part of the compensation to which he/she is otherwise entitled. SUbreci-
pient shall report all suspected or reported violations to City. All con-
tracts in excess of $10,000.00 entered into by SUbrecipient using fun:1s
provided under this Agreement shall contain a provision requiring CCIllpliance
with Equal Ellployment Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevai.1ina Waae Reauirenent.
Mrj construction contracts awarded by SUbrecipient using fun:1s
provided under this Agreement in excess of $2,000.00 shall include a provi-
sion for compliance with the Davis-Bacon Act (40 U.S.C. 276(a) to 276(a) (7))
am as supplemented by Department of Labor Regulations (29 em). Urxier this
Act, contractors shall be required to pay wages to laborers am mechanics at
a rate not less than the mini.mum 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
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the current prevailing wage determination issued by the DepartJnent of Labor
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in each solicitation am the award of a contract shall be conditioned upon
the acceptance of the wage determination. SUbrecipient shall report all sus-
pected or reported violations to City.
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1 10. APProval of city of any ChaJ:qes; Use of Pr......UIIR Inoa11e.
2 (a) City hereby requires SUbrecipient to notify the City, in writim,
3 of its intent to chaJ:ge a fee for any service, the provision of which is
4 assisted pursuant to this Agreement. city requires SUbrecipient to obtain
5 the prior written approval of city for any chaJ:ges or fees to be chaJ:ged by
6 SUbrecipient for such services, and of any rules and regulations governin;J
7 the provision of services hereunder.
8 (b) Program income represents gross income received by the
9 SUbrecipient directly generated from the use of :funjs provided herel.lOOer.
10 SUch earnin;Js include interest earned on advances and may include, but will
11 not be limited to, income from service fees, sale of cammcdities, usage and
12 rental fees for real or personal property usim the :funjs provided by this
13 Agreement. lis to such income, it shall be first applied to eligible program
14 activities, before requests for reilnbursement and, in the use, shall be
15 subject to all applicable provisions of this Agreement. Incame not so
16 applied shall be remitted to city. SUbrecipient shall remit all unspent
17 program income to the City within thirty (30) days subsequent to the end of
18 the Pr.-yLCllII year (June 30, 1992).
19 11. TemIlorarv Withholdi.J!.q.
20 The Executive Director of the Development Department of the City of
21 San Bernardino is authorized to temporarily withhold the payment of :funjs to
22 SUbrecipient when the Director detennines that any violation of this
23 Agreement has occurred. Funds shall be withheld until the violation is
24 corrected to the satisfaction of the Executive Director. SUbrecipient shall
25 have the right to appeal the decision of the Executive Director to the Mayor
26 and Cammon Council. The sole grounds for such appeal shall be that no
27 violation of the Agreement has occurred. SUbrecipient shall file such appeal
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within fifteen (15) days after such first withholdin;J. The Mayor and COII1lron
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 cloctm1ents, statistical records, and all
other records pertaining to the use of the funds provided urrler this 1\gree-
Il'eI'lt shall be retained by SUbrecipient for a period of three (3) years, at a
min:imurn, and in the event of litigation, claim or audit, the records shall be
retained until all litigation, claims and audit findings involving the re-
cords, have been fully resolved. Records for non-expen:Jable property acqui-
red with federal funds provided urrler this Agreement shall be retained for
three (3) years after the final disposition of such property.
13. ProDertv ManacJanent standards.
Non-expen:Jable personal property, for the purposes of this Agreement,
is defined as tan::Jible personal property, purchased in whole or in part with
federal funds, which has useful life of more than one (1) year and an acqui-
sition cost of one-thousand dollars ($1,000.00) or more per unit. Real
property ll'eanS land, including land iJnprovements, structures and appurten-
ances thereto, excluding m::JVable machinery and equipment. Non-expen:Jable
personal property and real property purchased with or iJnproved by funds pro-
vided urrler this Agreement shall be subject to the property managerent stan-
dards set forth in 24 CFR, Part 85.32.
14. TeJ::mi.nation for CAuse.
(a) city reserves the right to tenninate this Agreement in accordance
with 24 CFR, Part 85.43, and any and all grants and future payments urrler
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
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1 1\greelllent. In the event seeks to terminate this Agreement for cause, City
2 shall promptly notify the SUbrecipient in writirg of the proposed termination
3 and the reasons therefore, together with the proposed effective elate. SUbrec-
4 ipient shall be given an opportunity to appear before the Mayor and CalrIllon
5 Council at the time at which the Mayor and Conunon Council are to consider
6 such recanmended termination, and shall be given a reasonable opportunity to
7 show cause ..my, if any exists, the Agreement should not be terminated for
8 cause. Upon determination by the Mayor and CalrIllon Council that the contract
9 should be terminated for cause, notice thereof, including reasons for the
10 detennination, shall promptly be mailed to the SUbrecipient, together with
11 information as to the effective elate of the termination. SUch notice may be
12 given orally at that hearirg. 'lhe determination of the Mayor and CalrIllon
13 Council as to cause shall be final.
14 (b) In the event of any termination ..mether for cause or for
15 convenience, SUbrecipient shall forthwith provide to the Developnent Departm-
16 ent any and all doclmIentation needed by the Development Department to
17 establish a full record of all monies received by SUbrecipient and to docume-
18 nt the uses of same.
19 15. TeJ:mination for Convenience.
20 City or SUbrecipient may terminate this 1\greelllent in ..mole or in part
21 provided both parties agree that the continuation of the project would not
22 produce beneficial results commensurate with further experrli.ture of fun:1s. In
23 such event, the parties shall agree upon the termination conditions,
24 including the effective elate and, in the case of partial terminations, the
25 portion to be terminated. The SUbrecipient shall not incur new obligations
26 for the terminated portion after the effective elate and shall cancel as many
27 outstandirg obligations as possible. city shall allow SUbrecipient full
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credit for the City's share of the non-cancellable obligations obligations
properly incurred by the SUbrecipient prior to tennination.
16. Reversion of Assets.
SUbrecipient agrees that upon expiration of this Agreement, the
SUbrecipient shall transfer to the City any am all CDoo furrls not usej at
the tilne of expiration am any accounts receivable attributable to the use of
CDoo furrls. SUbrecipient agrees that any real property un1er its control,
which was acquired or iltproved, in whole or in part, with CDoo furrls in
excess of $500.00 shall either, (i) be usej 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 tilne as detennined appro-
priate by the City, or; (ii) is disposed of in a manner which results in the
City bein3' rellnbursed in the anount of the current fair market value of the
property less any portion thereof attributable to experrliture of, or
iltprovement to, the property by SUbrecipient. SUch reiJnbursement is not
required after the period of tilne specified in "i" above.
17. Hold Hannless.
SUbrecipient agrees to irrlemnify, save am hold harmless the City am
the Development repartJnent am their employees am agents fram all
liabilities am charges, expenses (including counsel fees), suits or losses,
however =in3', or damages, arisin3' or growin3' out of the use of or
receipt of furrls paid urxier this Agreement am all operations un1er this
Agreement. Payments un1er this Agreement are made with the un:ierstamin3'
that the City am the Development Deparbnent are not involved in the
performance of services or other activities of the SUbrecipient. SUbrecipient
am its employees am agents are independent contractors am not employees or
agents of City am the Developnent Deparbnent.
18. 1\mendment.
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1 This 1Igreement may be ameJ'Xiej or nx:xlifiej only by written agreement
2 signed by both parties, an:i failure on the part of either party to enforce
3 any provision of this 1Igreement shall not be construed as a waiver of the
4 right to COl1'pll enforcement of any provision or provisions.
5 19. Assi<mment.
6 This 1Igreement shall not be assignej by SUbrecipient without the
7 prior written consent of city.
8 20. Notices.
9 All notices herein required shall be in writinJ an:i delivere:i in
10 person or sent certifiej mail, postage prepaid, addressed as follows:
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As to city:
As to SUbrecipient:
Executive Director
Development Deparbnent
City Hall, Fifth Floor
300 North "0" street
San Bernardino, Calif. 92418
IDwell Jameson, Executive oir.
Legal Aid Society
150 West 5th street
San Bernardino, Calif. 92401
21. Evidence of Authoritv.
SUbrecipient shall provide to city evidence in the form of a
certifiej copy of minutes of the governinJ body of SUbrecipient, or other
adequate proof, that this 1Igreement has been approvej in all its detail by
the governin:J body of the SUbrecipient, that the person(s) executinJ it are
authorizej to act on behalf of SUbrecipient, an:i that this 1Igreement is a
binli.n;J obligation on SUbrecipient.
22. certification of Assurance.
SUbrecipient shall comply with the program requirements attached
hereto as Exhibit "C", which are incorporate:i by reference as though fully
set forth at length an:i made a part of this Agreement by execution of all
certifications an:i assurances of the CDI'G program.
23. Entire 1\QreEInent.
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1 ibis Agreement am any document or i.nstroment attached hereto or
2 referred to herein inte:Jrates all tenns am c:orrlitions mentioned herein or
3 incidental hereto, am supersedes all negotiations am prior writin;J in
4 respect to the subject matter hereof. In the event of conflict between the
5 tenns, c:orrlitions or provisions of this Agreement, am any such document or
6 instrument, the tenns am c:orrlitions of this Agreement shall prevail.
7 24. No Third Part Beneficiaries.
8 No third party shall be deemed to have any rights hereurrler against
9 any of the parties hereto as a result of this Agreement.
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FY 1991/1992 CDllG 1\GREEMENl' BE'l'IIEEN CITY AND
SAN BERNlUlDINO LEGl\L AID tu.:=r~
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2 IN WITNFSS WHEREOF, the parties hereto have executed this Agreement on
3 the clay arxi year first hereinabove written.
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5 A'ITES'l':
CITY OF SAN BERNlUlDINO /
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BY.~--:./ --c;>- .~
JAME'S F. PENMAN,
13 City Attorney
SUBRECIPIENl'
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BY: 7(,()IV)^-p~'J , ' .
President
BY, -::::p;:: ~
Approve:i as to fom arxi
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lab: 4411
Rev. 6/11/91
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I
!
ATTAc"H NT A
LEGAL AID SOCIETY OF SAN BERNARDINO, INC.
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150 West Fifth Street, Suite 108. San Bernardmo, California 92401 . Telephone (714) 888~6791
ATTACHMENT A
SCOPE OF SERVICES
PROJECT/ACTIVITY DESCRIPTION
The Legal Aid Society of San Bernardino, Inc., a nonprofit 501(c)(3)
corporation, has been serving low-income citizens of San Bernardino County
since 1953. Since 1977, the Society has operated a legal aid clinic, which
is presently located at 354 West 6th Street in San Bernardino. On alternate
Tuesday evenings, eight or nine volunteer attorneys provide legal assistance
to clients. Clients sign in between 5:30 and 6:30 p.m. and, after processing
(eligibility screening) a~e seen ?n a first-come,. first-served basis. All
eligible (see attached guidelines) clients see an attorney at this time.
After interview, the attorney directs actions within the capability of the
clinic. The actions recommended usually include the preparation and typing
of court documents for filing. Attorneys do not make court appearances, but
provide advice and documentation so'that the client can represent himself ~
~~. Most indigent clients need help with family law problems, i.e.,
dissolutions, child custody. child support and related matters. Other types
of cases include landlord/tenant, civil suits and consumer complaints, credit.
social security and guardianship.
A storefront operation is conducted
Monday through Friday. The clinic is open
and from 1:00 to 5:00 p.m. by appointment.
have worked as volunteers in this effort.
during regular business hours,
9:00 a.m. to 12:00 noon for intake,
During the past year, 73 attorneys
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EXHIBIT "A"
'.,
A NOII.profit affiliate of the Sail Bemardilla Coullty Bar Associatioll . All DOllat;olls Tax Exempt
a:.oo POOrollAL APPLI~'t'ICIl
Dsvelopnent Departmo.
.Peqe -3-
ATTACHMENT B
v. ProPosed Pro1ect ~ (Please n-wrr.1ete kol1cabl. ItsDs Onlv)
a) Administratial
Salaries an:l Frin;e Benefits: $ 20.000.00
Suwlies: $
Professiooal Services: $
Travel/O:nferences/5eminars: $
utilities: $
Insuraooe: $
Office Equipnent: $
other: $
b) Calstructial $
0) Eo;Jineerin; an:l Design $
d) I.an:i 1Icquisi tial $
e) PlanniJ'g 1lctivities $
f) Rehabilitatial1lctivities $
g) other: $
Total Project cost: . 20,000.00
(For ccostJ:uctial, en:Jineer~ an:} design, la.-d aoqousitial an:l
rehabilitatial activities ally.)
Fstimator:
Fstimator's ()Jalificaticns:
h) IdentifV other furrlim soorces: Identify <XIIIIIit:ments or ~lica-
tialS for f\n'xis fran other soorces to iDplement this activity. If
other f\n'xis have been ~, attach evideooe of <XIIIIIitJDent.
Source ot ~ A TT A C H t~~,& ~ tete Available
Inland Counties I egill ServiceS 49.?50 00
S t a t e R il r T r I. s t Fun 0 (t 0 t "1) $ g 7 .43 R 00.._
San Bernilrdino County Block $ 50.000 00
Grant
i) Was this project previoosly fUrrled with am fun:1s? Yes X X No
If YES, in:llcate the year(s) in Wich am films 1OeI"E! ~ived-
an:l the grant.iIg entity: 1 9 9 0 - 1 9 91 Co u n t y 0 f San Be r n a r din 0
1990 City of San Bernardino
_ annuillly
il nnllilll y
annually
j) If yoo have never received am ~, prcwide evideooe of any
previcus experieooe with other federally fumed ~'-YLaw:o (use
acHitiooal sheets if neces"~IY):
See Attachment B (1)
EXHIBIT liB"
DEVELOl'MENl' DEl'1\RrnENl' OF THE
CITY OF BAN 1lERNMDIN:>
CXI!MlJNITY DEVELOl'MENl' BIDCK GRl\Nl'
PBOGlU\M RD'JUIREMENl'S
for
SUBRECIPIENrS
1. SUPPlemental InfoJ:ll1ation for SUbrecipient
As a successful applicant of the city of San Bernardino FY 1991/1992
Conununity Development Block Grant (COB:;) Program, you are not only
agreein] to provide the services as stated in your application, but also
to abide by the COB:; Program requirements and responsibilities. To
further assist you in un:ierstarx:lin;1 said requirements and responsibili-
ties, the followin] =ies and attachments have been prepared to
introduce to or update you on each item. 1\dditionally, this
instro.ctional package will reauire your governing body designated
official to read and sign hisjher signature as part of the COB:>
agreement.
2. Month! v Reauest for Reimbursement
Deadline: Due the fifth (5th) day after end of each calendar IOOnth
unless otherwise stated in the COBG agreement.
Include the followin]:
a) One (1) completed Request for Reimbursement form.
b) One (1) copy of all checks issued that are bein] 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 bein] reimbursed.
e) One (1) copy of all check stubs, accountin] ledgers, arrl,Ior other
documentation that reflect gross salaJ:Y and all deductions for each
check (s) issued.
f) One (1) page narrative describin] activities urdertaken durin] the
month included for reilnbursement.
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 COB:; agreement. (Generally, invoices are
processed within ten (10) days of receipt of same.) '!he City reserves
the right to defer processin] of invoices and withhold payments until all
required reports, statements, arrl,Ior certificates have been submitted
and, where necessary, approved.
lab: 3025
Rev. 6/11/91
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CDBG POOGRAM RD'JUIREMENl'S
Fiscal Year 1991/1992
EXHIBIT "c"
g) All accountirq records an:l. evidence pertainin;J to all costs of each
subrecipient an:l. all doclnnents related to the COOO agreement shall be
retained an:l. available for three (3) years followirq the OCIlpletion
of the furrled program.
h) Each subrecipient agrees to allow the City of San Bernardino
Conununity Development reparbnent to audit the furrled program as part
of its annual audit of all COOO :Eurrls pursuant to federal regulations
set forth in Title 24 of the Code of Federal Regulations.
3. RePortslRePortincr Reaui.rE!l1Ients and Reoords/Reoord KeePincr Reaui.rements
While staff realizes that report writirq an:l. record-keepirq are not the
IroSt desirable aspects of arrj program, it is one vehicle that provides a
weasure of program progress an:l. aCOCllplishments. 'Ibus, all subrecipients
participatirq in the CDOO Program are reauired to provide the City of
San Bernardino Development repartment with written reports of its
activities on or before the tenth (loth) day of October, January, April
an:l. July of arrj given program year for the previous three (3) =nth
period in addition to a final report when the agreement terminates. All
reports shall include information on program activities, aCOCllplishments,
new program information an:l. current program statistics on expen:li.tures,
case loads an:l. activities of the reporting period.
Each subrecipient is also required to maintain =nthly records of all
ethnic an:l. racial statistics of persons an:l. families assisted by its
program(s). 'Ibis =nthly record shall include data on the number of low
an:l. moderate income persons an:l. households assisted, (as detennined by
federal income limits), number of female-headed households, an:l. number of
senior citizens assisted. As mentioned earlier, each subrecipient is
required to keep all aCCOW1tirq records an:l. evidence pertainin;J to all
costs for three (3) years followirq OCIlpletion of the f'un1ed program.
4. Quarterlv RePorts
Deadlines: October 10 - for period covering July 1, to September 30, of
PZogidlu year.
January 10 -- for period covering October 1, to Dec<>mher 31,
of PJ.V<,jLCIIIl year.
April 10 -- for period covering January 1, to March 31, of
PZvgL.!IIIl year.
July 10 -- for period covering April 1 to J\me 30, of PJ....yLaIU
year.
Include the followirq:
a) one (1) ccanpleted Activity Report (form number 802).
b) One (1) ccanpeted Direct Benefit Report (form number 045 (a) .
lab: 3025
Rev. 6/11/91
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CDllG POOGR1\M REQUIREMENl'S
Fiscal Year 1991/1992
c) One (1) COI1qJleted O:>ntract arx:l SUbcontract Activity Report (form CMB
2506-006). (For =nstruction projects only.)
It is the responsibility of the subrecipient to prepare arx:l submit the
required reports by the above stated deadlines in order to keep City
staff inforned of any changes to the fun:1ed program(s) .
5. Pr"".LClIlI Monitorincr
One of the city's responsibilities is to IlIOnitor each subrecipient at
least once a year. Not only are the IlIOnitoring visits intended to ensure
each agency's continued COI1qJliance with cooo requirelrents, but also serve
as an opportunity for City staff to became IlIOre knowledgeable of each
agency's program(s). '!he IlIOI'litoring visits also serve as an opportunity
to provide infonnation to other city staff, the Mayor arx:l O:mron O:Juncil
arx:l other interested persons.
Listed below is typical infonnation City staff will be seeking,
observations that might be made, arx:l items 1Ne may wish to review:
a) '!he aCCOl1qJlishment(s) of the program(s) to date.
b) Whether or not program objectives are being Il'et.
c) '!hat the intended client group is being served.
d) '!he rn.nnber of people on staff.
e) '!he existence arx:l maintenance of client files.
f) Assistance city staff can provide.
In addition to IlIOnitoring each agency once a year, the city of San
Bernardino Developirel1t Department reserves the right to have its internal
auditor =nduct an onsite audit of the program as part of the its armual
audit of all cooo fun:1s pursuant to Federal Regulations.
Although the terms "IlIOnitoring" arx:l "audit" may appear somewhat
formidable, please be assured that your agency will be notified in
advance of any request for a IlIOnitoring visit. Also, please be advised
that representatives frcn HUn IlIOI'litor the cooo program every year. D..1ring
HUD visit(s), they may wish to IlIOnitor one (1) or IlIOre of the City's
subrecipients. If your agency should be selected, you will be notified in
advance in order to arrange a mutually =nvenient time.
6. P.Lu".LCUll Budaet
Another required element of your COoo agreement with the City is the
program budget. Please submit an updated line item budget reflecting
your approved cooo allocation. Also, include a CCf!:l of your overall
program budget with a SUlllIlIal:y of your fun:1ing source(s) arx:l the total
agency budget. '!he cooo portion of your total program or agency budget
should be identifiable.
In past years, several agencies have raised questions regarding minor
budget m:xiifications or adjustments. Staff realizes that the approved
budget may require minor adjustments during the life of the program arx:l
request that you discuss proposed changes with Developnent DepartJnent
staff.
lab: 3025
Rev. 6/11/91
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CDBG POOGR1lM Jm2UIREMENl'S
Fiscal Year 1991/1992
Again, please be remin:led that capital or non-experrlable equipnent is not
to be ~ with CDoo furrls. If yoo need to acquire such equipnent,
please discuss it with Developnent Department staff.
7. Purchase of Personal ProPertv or Eauitllllmt (Read section "13" of the CDllG
1\areement
All 'tan3'ible personal property havin;J a useful life of IlPre than one (1)
year and an acquisition cost of three hundred dollars ($300.00) or IlPre
per unit shall be subject to the requirements of the Property Management
Standards specified in 24 CFR, Part 85.32, "Cammon Rule".
8. Procedures
a) All equipnent and property ~ in accordance with the above
standards shall be identified as "Federal Property-HUO", (include
your internal Identification Number). Identification may be achieved
by taggin;J or engravin;J the property or by any method that will
result in property Identification Number bein;J oerrnanently affixed.
b) Maintain a separate record of all such equipment and property.
Information shall include:
-Name/Description
-Serial Number
-Identification Number
-Date Purchased
-Purchase Price
-condition (i.e., exce1lent/good/fair/poor)
-<llaracteristics (i,e., color/features, etc.)
-Physical Location (i.e., address/office/:rcx:xn, etc.)
c) SUbmit an inventory listin;J to the City of San Bemardino Developnent
Department each year errlin:.f June 30. Said listin;J is to be sul:!ni.tted
by July 10 followin;J the end of the year. 'lbe list should include all
the information listed under item "b" above.e
d) A written request must be sul:!ni.tted to the City of San Bernardino
Deve10pnent Department for any approved purchases that are not in the
originally approved budget (see agreement). Written authorization
ImlSt be obtained fran the Development Department by subrecipient
prior to the p.ll"chase 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 equipnent plrchased with CDoo furrls. It is also the
responsibility of the subrecipient to identify all ~
equipment and property with tags or engravin;J, and to sur:ply same.
9. Fiscal AcoountiM and Audit Documentation
'!he City of San Bernardino Development Department requires each agency to
OOserve and comply with all accoontin;J roles and audit procedures as set
lab: 3025
Rev. 6/11/91
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CDBG PImRl'.M ~UIREMENl'S
Fiscal Year 1991/1992
forth in the COB:; agreement. ~ follCMin;J is a brief description of the
JOOSt prominent requirements:
a) As a participant in the City of San Bernardino COB:; Program, each
subrecipient agrees to keep all :furrls received fran the City seoarate
fram any other sources of f1.lrrlirg.
b) Each subrecipient also agrees to keep records of all :furrls received
fram the City of San Bernardino in accordance with the procedures set
forth in the "Agreement Accountin;J an::1 Administrative HaOObook". A
copy of the HaOObook is attached.
10. certification and Assurance
Attached is a copy of the Certification an::1 Assurance fom to be prepared
am signed by the designated govemin;J official(s) of the subrecipient
agency. '!his document is to be attached to the COB:; agreement an::1 shall
beca1re part of the govemin;J requirements.
lab: 3025
Rev. 6/11/91
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CDBG PROGRAM REQUIREMENl'S
Fiscal Year 1991/1992
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DEVEIDHmNl' IlEP1lRDmN1' OF THE
CITY OF Sl\N BERNlUlDIN:l
''Certification and Assurance"
(To ~ny CDBG ~t)
I,
LOWELL R. JAMESON. Executive Director
(Name am Title of Official)
of the
Leqal Aid Societv of San Bernardino. Inc.
(Name of Agency/Organization)
located at 150 West 5th Street. Suite 108, San Bernardino, CA 92401
do hereby make the followiIq certification am assurance to ac::c:atpll1y the
O::IIIIm.mity Developnent Block Grant Agreement between the L~l Aid
Society of San Bernardino, Inc. (name of org zation) am
the city of san Bernardino:
a) Certify that the infonnation booklet for CDEG Program requirements has
been read am urxierstood; am
b) Assure that the Legal Aid Society of San Bernardino (name of Agency)
will CXlllqJly with all governil'q requirements as stip..1lated herewith in the
performance of the CDEG Agreement,
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(Signa of 0 ci:;i) - -
Dated:
~/x;/~/
I f
Dated:
Developnent Depart:Jnent Representative
lab: 3025
Rev. 6/11/91
lab: 3025
Rev. 6/11/91
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CDBG POOGRl\M REQUIREMENl'S
Fiscal Year 1991/1992