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HomeMy WebLinkAbout1991-260 RESOLUTION NUMBER 91-260 1 RESOLUTION OF THE ~YOR l\ND CXHtJN OOUK:IL OF THE CITY OF Sl\N BERNl\RDIN) 2 AUTlDRIZIm l\ND DIREC'l'Im THE EXECl11'ION OF A c:nIMUNITY DEVEIDPMENl' BIDCK GRl\Nl' FllNDIm llGREEMEN'l' BETWEEN THE CITY OF Sl\N BERNl\RDIN) l\ND FIU\ZEE CXIMMllNiTY 3 CENrER. 4 BE IT RESOLVED BY THE ~YOR l\ND CXHtJN OOUK:IL OF THE CITY OF Sl\N BERNl\RDIN) 1\8 POLI.ClWS: 5 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 clirected to execute, on behalf of the City, an agreement for Community Development Block Grant :Eurrli.n;J with FRAZEE cn1MUNITY CENTER. 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 furrls in the following alTOUIlt of $20.000.00. section 2. (a) The authorizations to execute the above referenced agreement is res- ci.rrled 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 foregoing resolution was duly adopted by the Mayor and CamItx:>n Council of the City of San Bernardino at a reqular meeting thereof, held on the 17th day of June vote, to wit: 1991 by the following IIII IIII IIII III IIII IIII IIII IIII IIII IIII IIII IIII lab: 3961 Rev. 6/11/91 -1- .' RESOLUTION OF THE CITY OF SAN BERNlIRDIID AUTHORIZING THE EXECl11'ION OF A CDBG 1\GREEMENl' BE;~w~ CITY AND FRAZEE cnooJNITY CENl'ER 1 2 Council MeII1bers 1\BS'mIN 3 ES'I'RAI:lA 4 REILLY 5 HERNANDEZ 6 MAULSLEY 7 MINOR AYES NAYS ~ ~ ~ ~ X X X - 8 FOPE-IIJDIAM 9 MILLER 10 11 12 13 L(~t'~~ 14 'Ihe foregoin;J Resolution is hereby approved this 19th clay of June 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1991. f~ ~'^'-- TOM MINOR, MAYOR PRO TEMPORE City of san Bernardino Approved as to fonn and legal content: JAMES F. PENMl\N, City Attorney By:~~ / lab: 3961 Rev. 6/11/91 -2- f 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 ~7l~. . tJ/~.2t 0 ~gB~~M~~'l' THIS AGREEMENT is entered into effective as of this E.. day of June , 1991, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a numicipal corporation, referred to as "City", and FRAZEE <nIMUN1TY CENTER. a nonprofit connnunity service organization, referred to as "SUbrecipient". city and SUbrecipient agree as follCMS: 1. Recitals. (a) SUbrecipient has requested financial assistance from City for fiscal year 1991/1992 from funds available through the Conununity Development Block Grant Program from the United states of America to City. (b) SUbrecipient represents that the expen::litures authorized by this Agreement are for the provision of emerqencv food and referral services for emplovment and housin:r to low and moderate income inti viduals and their families. which are valid and eligible connnunity development purposes, as de- fined 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 an::ljor project in compliance with all federal laws and regulations as set forth in 24 CFR, Part 570, with the following exceptions, (i) the SUbrecipient does not assume the enviromental 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 lab: 4412 Rev. 6/11/91 -1- EXHIBIT "I" .' 1 Number 12372. 2 (e) SUbrecipient will comply with the requirements set forth in the 3 Unifonn Relocation Assistance am Real Property Acquisition Policy Act of 4 1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal 5 regulations when attempting to or acquiring any building or parcel of lam. 6 SUbrecipient will be required to obtain written approval fram the Executive 7 Director of the Development Deparbnent prior to any activity taking place 8 within the confines of URA 49 CFR, Part 24, as amexrled. 9 2. Pavments. 10 city shall re:ilnburse SUbrecipient for allowable costs incurred under 11 the scope of this Agreement am applicable Federal regulations, which have 12 not been paid for or re:ilnbursed in any other manner by any other Ager'Cj or 13 private source of funding. Rellnbursement will be made at least on a IrOnthly 14 basis, with the total of all such reilnbursements not to exceed $20.000.00. 15 3. Term. 16 this Agreement shall COII1ll'el1Ce Julv 1. 1991. am tenninate June 30, 17 1992. 18 4. Use of Funds: Budaet: Travel Limitation. 19 (a) The funds paid to SUbrecipient shall be used by it solely for 20 the purposes set forth in Paragraph l(b) of this Agreement, am in accordance 21 with the program budget submitted by SUbrecipient to the City of San Bernar- 22 dino Community Development Department, a copy of which is attached to this 23 Agreement as Exhibit "B". this budget shall list all sources of funding for 24 the program covered by this Agreement, whether from state, Federal, local or 25 private sources, am shall identify which sources are paying for which speci- 26 fic portions of the program, by line-item, to the extent practicable. 27 (b) No travel expenses for out-of-state travel shall be included in 28 lab: 4412 Rev. 6/11/91 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 this program unless specifically listed in the budget as submitted am ap- proved, am all travel expenses to be furrled from funds provided l1ereurrler shall be specifically identified as travel expense, which shall be negotiated between the City of San Bernardino D;welopment Deparbnent am 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 reilnbursement unless the prior written approval of the Executive Director of D;welopment Department of the City of San Bernardino, or designee, has been obtained. (c) Fun:is shall be used for purposes authorized by the Community D;welopment Block Grant Program only, am no portion of the funds granted hereby shall be used for arrj purpose not specifically authorized by this Agreement. (d) Only net payroll shall be periodically reill1bursed by city as an allowable cost. Any amounts withheld by SUbrecipient from an E!lT9?loyee's pay for taxes, social security, or other withholding am not innnediately paid a<ler to another entity, shall not be included as wages or expenses eligible for re:iJnbursement as an allowable cost until such ti1re as the withheld taxes, social security, or other withholdings are actually paid a<ler to another entity entitled to such payment. Upon such payment am the submission of evidence of such payment to the City of San Bernardino Development D;welopment Department, such expenses shall be regarded as an allowable cost, am the City shall reilllburse SUbrecipient for such obligation. (e) SUbrecipient shall be allowed, with the prior written appra<lal of the D;welopment 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 25 as SUbrecipient is in COI1pliance with section "2" of this Agreement at the 26 27 28 ti1re of submission of the budget m:xiification request. A variation in the itemization of costs, as set forth in the proposed budget submitted to City, lab: 4412 Rev. 6/11/91 -3- 1 not to exceed ten percent (10%) as to any particular line item, shall be 2 allowed, provided that the prior written approval of the Executive Director 3 of the Development Development of the City of San BeJ:nardino is obtained, it 4 being understocxl that the total amount of the grant shall not be varied 5 thereby. 6 (f) ihe parties intend that grant funds be utilized within the time 7 period covered by this Agreement, and entitlement to any funds not expen:led 8 or obligated shall revert to the City. No reserve for the future shall be 9 established with the funds except as may be authorized to meet conmu:bnents 10 made for services provided during the period of this Agreement, but not yet 11 paid for at the conclusion of this Agreement. 12 (g) SUbrecipient shall remain in compliance with all state, federal 13 and local laws prior to the receipt of any reimbursement hereunder. 'Ihis 14 includes, but is not limited to, all laws and regulations relative to the 15 form of organization, local business licenses and any laws and regulations 16 specific to the business and activity carried out by SUbrecipient. Reimburse- 17 ment shall not be made to SUbrecipient which is not operating in compliance 18 with all applicable laws. Reimbursements may be subsequently paid, at the 19 discretion of the Executive Director of the Development Department for 20 reimbursement costs incurred during the period when compliance is achieved 21 before expiration of this Agreement. 22 5 . .l\CCOl.Ulti.nc!; Audi. t. 23 (a) Prior to the final payment under this Agreement, and at such 24 other times as may be requested by the Executive Director of the Development 25 Department of the City of San BeJ:nardino, SUbrecipient shall submit to the 26 Director an accounting of the proposed and actual experrlitures of all 27 revenues from whatever source accruing to the organization for the fiscal 28 lab: 4412 Rev. 6/11/91 -4- " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 year errling June 30, 1992. (b) Financial records shall be maintained by SUbrecipient in accord- ance with Generally A=eptErl A=unting Principles, am in a manner which permits City to trace the expenditures of funds to source docLm1entation. All books am records of SUbrecipient are to be kept open for inspection at any ti.Jre during the business clay by the City, its officers or agents, am by any representative of the United states of America authorized to audit community development block grant programs. (e) Starxiards for financial management systems am financial report- ing 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 SUbreci- pient 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: Monitorincr and ReDortincr PLV<.ILCUU PerfODllllIlC8 . 'Ihe 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 ori- gin, creed, sex, marital status, or physical harxiicap. SUbrecipient shall 25 comply with Affirmative Action guidelines in its employment practices. SUbre- eipient shall also monitor the program's activities and submit written re- ports quarterly, or more often if requested, to the Executive Director of the Development Department of the City of San Bernardino, in accordance with 24 CFR, Part 85.4l(e) (d) and Part 85.21. Failure to provide such quarterly 26 27 28 lab: 4412 Rev. 6/11/91 -5- 1 perfomance reports may prevent the processinJ by City of SUbrecipient's 2 requests for reiJnbursement, arrl may justify tel1p:lrcu:y withholdin;J as provided 3 for in Paragra~ "11" hereof. City reserves the right to waive such breach, 4 without prejudice to any other of its rights hereun:ler, upon a fin:l.in::J by the 5 Executive Director of the Development Department that such failure was due to 6 extraordinary circumstances arrl that such breach has been tiJne1y cured 7 without prejudice to the City. 8 7. ProcureIllent Practices: Conflict of Interest. 9 SUbrecipient shall conply with procurement procedures arrl guidelines 10 established by 24 CFR, Part 85.36(d) (1), SUbrecipient "Procurement 11 Standards". In addition to the specific requirements of 24 CFR, Part 85, 12 SUbrecipient shall maintain a code or standards of con:luct which shall govern 13 the perfomance of its officers, employees or agents in contractinJ with arrl 14 experxiing the federal grant furrls made available to SUbrecipient un:ier this 15 Agreement. SUbrecipient's officers, employees or agents shall neither solicit 16 nor accept gratuities, favors, or anythin::J of IlOnetary value frcan contractors 17 or potential =ntractors. To the extent pennissable by state law, roles, and 18 regulations, the standards adopted by SUbrecipient shall provide for 19 penalties, sanctions or other disciplinary actions to be applied for 20 violations of such standards by either the SUbrecipient's officers, employees 21 or agents, or by =ntractors or their agents. SUbrecipient shall provide a 22 copy of the code or standards adopted to City forthwith. All procurement 23 transactions without regard to dollar value shall be =nducted in a manner so 24 as to provide maximum open arrl free competition. 'Ihe SUbrecipient shall be 25 alert to organizational =mliets of interest or non-competitive practices 26 ClIlK>n3' =ntractors which may restrict or eliminate competition or othel:wise 27 restrain trade. SUbrecipient agrees to adhere to =nflict of interest 28 lab: 4412 Rev. 6/11/91 -6- .' 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 provisions set forth in 24 CFR Section 570.611 arxi to the procurement roles specified in 24 CFR, Part 85.36, in its expenditure of all :Eurrls received under this 1\greemeI1t. 8. Anti-Kick Back Provisions: EQUal ntlDlovment OIxlortunitv. All contracts for constnlction or repair us~ :Eurrls provided under this 1\greemeI1t shall include a provision for canpliance with the Copelarxi "Anti-Kick Back" Act (18.U.S.C. 874) as supplemented in Departlrent of Labor Regulations (29 CFR, Part 3). 'Ibis Act provides that each contractor or subgrantee shall be prohibited fram in:luc~, by any means, any person em- ployed in the constnlction, campletion or repair of public work, to give up any part of the canpensation to which he/she is othenrise 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 us~ :Eurrls provided under this 1\greemeI1t shall contain a provision requir~ campliance with Equal Enployment Opportunity provisions established by Executive Order Number 11246, as amerrled. 9. Prevailioo Waae Reauirenent. Arr:i constnlction contracts awarded by SUbrecipient us~ :Eurrls provided urxier this 1\greemeI1t in excess of $2,000.00 shall include a provi- sion for campliance with the Lavis-Bacon Act (40 U.S.C. 276(a) to 276(a) (7)) arxi as supplemented by Department of Labor Regulations (29 CFR). Urxier this Act, contractors shall be required to pay wages to laborers arxi mechanics at a rate not less than the mini.Jm.un wages specified in a wage detennination 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 prevai1~ wage detennination issued by the Departlrent of Labor in each solicitation arxi the award of a contract shall be corxlitioned upon the acceptance of the wage detennination. SUbrecipient shall report all sus- lal:>:44l2 Rev. 6/11/91 -7- .. 1 pected or reported violations to City. 2 10. AcDroval of city of any Charcres: Use of P.r........;..m Incane. 3 (a) City hereby requires SUbrecipient to notify the city, in writing, 4 of its intent to charge a fee for any sel:Vice, the provision of which is 5 assisted pursuant to this Agreement. city requires SUbrecipient to obtain 6 the prior written approval of city for any charges or fees to be charged by 7 SUbrecipient for such sel:Vices, and of any rules and regulations governing 8 the provision of sel:Vices hereuOOer. 9 (b) Program income represents gross income received by the 10 SUbrecipient directly generated from the use of furrls provided hereuOOer. 11 SUch earnings include interest earned on advances and may include, but will 12 not be l:i:mited to, income from sel:Vice fees, sale of '-Ul,.,L>lities, usage and 13 rental fees for real or personal property using the furrls provided by this 14 Agreement. lis to such income, it shall be first applied to eligible program 15 activities, before requests for reimbursement and, in the use, shall be 16 subject to all applicable provisions of this Agreement. Income not so 17 applied shall be remitted to City. SUbrecipient shall remit all unspent 18 program income to the City within thirty (30) days subsequent to the em of 19 the program year (June 30, 1992). 20 11. TEInDorarv Withho1diIlCI. 21 '!he Executive Director of the Development Department of the City of 22 San Bernardino is authorized to temporarily withhold the payment of furrls to 23 SUbrecipient when the Director determines that any violation of this 24 Agreement has occurred. F'L1rrls shall be withheld until the violation is 25 corrected to the satisfaction of the Executive Director. SUbrecipient shall 26 have the right to appeal the decision of the Executive Director to the Mayor 27 and Common Council. 'Ihe sole grourxIs for such appeal shall be that no 28 lab: 4412 Rev. 6/11/91 -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 violation of the Agreement has occurred. SUbrecipient shall file such appeal within fifteen (15) days after such first withholdin3'. '!he Mayor am CoItIroc>n Council shall set a date for the hearin3' of such appeal which is within thirty (30) days followin3' the date of filin3'. 12. Records Retention. Financial records, supportin3' dOCLn'llel'lts, statistical records, am all other records pertainin3' to the use of the furrls provided un:J.er this Agree- ment shall be retained by SUbrecipient for a period. of three (3) years, at a mini1mnn, am in the event of litigation, claim or audit, the records shall be retained until all litigation, claims am audit firxiin3's involvin3' the re- cords, have been fully resolved. Records for non-expenjable property acqui- red with federal furrls provided un:J.er this Agreement shall be retained for three (3) years after the final disposition of such property. 13. ProDertv Manacl'ement standards. Non-expenjable personal property, for the purposes of this Agreement, is defined as tan;Jible personal property, purchased in whole or in part with federal furrls, which has useful life of more than one (1) year am an acqui- sition cost of one-thousand dollars ($1,000.00) or more per unit. Real property means lam, including lam :i.nprovements, structures am appurten- ances thereto, excludin3' movable machinery am equipment. Non-expenjable personal property am real property purchased with or :i.nproved by furrls pro- vided un:J.er this Agreement shall be subject to the property management stan- dards set forth in 24 CFR, Part 85.32. 14. Tennination for cause. (a) city resaves the right to tenninate this Agreement in accordance with 24 CFR, Part 85.43, am any am all grants and future payments under this Agreement, in whole or in part, at any ti1ne before the date of COII'pletion of this Agreement whenever City detenni.nes that the SUbrecipient lab: 4412 Rev. 6/11/91 -9- ,------ -- 1 has materially failed to canply with the terms ard con:litions of this 2 Agreement. In the event seeks to tenninate this Agreement for cause, City 3 shall pranptly notify the SUbrecipient in writin::J of the proposed tennination 4 ard the reasons therefore, together with the proposed effective date. SUbrec- 5 ipient shall be given an opportunity to appear before the Mayor ard Corni'OCln 6 Council at the tilne at which the Mayor ard Corni'OCln Council are to consider 7 such recanunen:ied tennination, ard shall be given a reasonable opportunity to 8 show cause why, if any exists, the Agreement should not be tenninated for 9 cause. upon detennination by the Mayor ard Corni'OCln Council that the contract 10 should be tenninated for cause, notice thereof, including reasons for the 11 detennination, shall pranptly be mailed to the SUbrecipient, together with 12 information as to the effective date of the tennination. SUch notice may be 13 given orally at that hearin::J. 'lhe detennination of the Mayor ard Corni'OCln 14 Council as to cause shall be final. 15 (b) In the event of any tennination whether for cause or for 16 convenience, SUbrecipient shall forthwith provide to the Development Deparbn- 17 ent any ard all documentation needed by the Development Department to 18 establish a full record of all naries received by SUbrecipient ard to docume- 19 nt the uses of same. 20 15. TeJ:mi.nation for convenience. 21 City or SUbrecipient may tenninate this Agreement in whole or in part 22 provided both parties agree that the continuation of the project would not 23 produce beneficial results c:ommensurate with further expenditure of funjs. In 24 such event, the parties shall agree upon the tennination con:litions, 25 including the effective date ard, in the case of partial tenninations, the 26 portion to be tenninated. 'lhe SUbrecipient shall not incur new obligations 27 for the tenninated portion after the effective date ard shall cancel as many 28 lab: 4412 Rev. 6/11/91 -10- 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 outstan:iing obligations as possible. city shall allow SUbrecipient full credit for the City's share of the non-cance11able 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 an::l. all COB:; furx:Is not used at the tiJne of expiration an::l. any a=unts receivable attributable to the use of COB:; furx:Is. SUbrecipient agrees that any real property urrler its control, which was acquired or inproved, in whole or in part, with COB:; furx:Is in excess of $500.00 shall either, (i) be used to meet one (1) of the three (3) national objectives as set forth in 24 ern, Part 570.208 1.U1til five (5) years after expiration of the Agreement or such period of tiJne as detenni.ned appro- priate by the City, or; (ii) is disposed of in a manner which results in the City being re:iJnbursed in the aJOClUI'lt of the current fair market value of the property less any portion thereof attributable to experxiiture of, or inprovement to, the property by SUbrecipient. SUch re.i1nbursement is not required after the period of tiJne specified in "i" above. 17. Hold Hal:mless. SUbrecipient agrees to irxiemnify, save an::l. hold hannless the City an::l. the Developnent Deparbnent an::l. their employees an::l. agents fram all liabilities an::l. charges, expenses (including counsel fees), suits or losses, however occurring, or damages, arising or growing out of the use of or receipt of furx:Is paid 1.U1der this Agreement an::l. all operations urrler this Agr.eement. Payments 1.U1der this Agreement are made with the 1.U1derstan::l.ing that the City an::l. the Developnent Department are not involved in the perfonnance of services or other activities of the SUbrecipient. SUbrecipient an::l. its employees an::l. agents are independent contractors an::l. not employees or agents of city an::l. the Development Deparbnent. lab: 4412 Rev. 6/11/91 -11- 1 18. 1\mendment. 2 '!his Agreement may be amen:l.ed or JOOdified only by written agreement 3 signed by both parties, an:! failure on the part of either party to enforce 4 any provision of this Agreement shall not be construed as a waiver of the 5 right to compel enforcement of any provision or provisions. 6 19. Assicmment. 7 '!his Agreement shall not be assigned by Subrecipient wit.hoot the 8 prior written consent of City. 9 20. Notices. 10 All notices herein required shall be in writing an:! delivered in 11 person or sent certified mail, postage prepaid, addressed as follows: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 As to city: As to SUbrecipient: Nedra Wallace, Executive oir. Frazee Community Center 1140 West Mill street San Bernardino, Calif 92412 Executive Director Development Department city Hall, Fifth Floor 300 North "0" street San Bernardino, Calif. 92418 21. Evidence of Authoritv. Subrecipient shall provide to city evidence in the fonn of a certified copy of minutes of the governing body of Subrecipient, or other adequate proof, that this Agreerrent 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, an:! that this Agreerrent is a binding obligation on Subrecipient. 22. Certification of Assurance. Subrecipient shall c:amply with the prog-ram requirements attached hereto as Exhibit "C", which are incorporated by reference as though fully set forth at length an:! made a part of this Agreerrent by execution of all certifications an:! assurances of the CDEG prog-ram. lab: 4412 Rev. 6/11/91 -12- 1 23. Entire 1\Qreement. 2 '!his Agreement and any document or instroment attached hereto or 3 referred to herein integrates all tenns and conditions mentioned herein or 4 incidental hereto, and supersedes all negotiations and prior writing in 5 respect to the subj ect matter hereof. In the event of conflict between the 6 tenns, conditions or provisions of this Agreement, and any such document or 7 instroment, the tenns and conditions of this Agreement shall prevail. 8 24. No Third Part Beneficiaries. 9 No thiJ:d party shall be deemed to have any rights hereurrler against 10 any of the parties hereto as a result of this Agreement. 11 IIII 12 IIII 13 IIII 14 IIII 15 IIII 16 IIII 17 IIII 18 IIII 19 IIII 20 IIII 21 I I I I 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 28 lab: 4412 Rev. 6/11/91 -13- FY 1991/1992 CDBG 1\GREEMENT BE'IWEEN CITY AND FRAZEE CXlMMllNITY CENTER 1 2 IN WITNFSS WHEREDF, the parties hereto have executed this 1Igreement on 3 the day ani year first hereinabove written. 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 M.'TEST: CITY OF.~ ~n<<>) "~~' 4-//", //) / ,'/ // ' " BY:~/~/ /, ,~frZ--~" /, ;R HOI.CX:MB, Mayor "ci of San! Bernardino , ) , It; / ^ t W ~c'Ul ('... 0.;"1" '" 't.- ,CITY CLERK ~ (! ., JUt 11 :JJi Approved as to form ani legal content: ~'""" <) . , / ...... i (Fl,: Al1ll./Y~ t{ .',.-/ v' ~dent : / Fl;? dJ:L~ J? ~ Qa Secretary JAMES F. PENMAN, city Attorney ~) lab: 4412 Rev. 6/11/91 -14- DEVEI.OFMENl' DEP1IRDlENl' OF 'nIF' CITY OF SAN BERN1lRDINJ 'IDl'AL AIDUNl' RD;2UEBTED: I. . i , \ L. -/ I LSLrL'i: ,.J P-L Proposal No: 4 , Date Recv'd: O/l,. 1\nsWer all questions which are awlicable to your project as specifically as possible and attach the required docuDentation. CDOO FrorosllL APPLIC1d'ICIf FY 1991/1992 !r\\ [e (......:-c I! Ii -- it.,1 I: l ( $ 20,00:) I Q i . fi!)_.J I. General Infonnation Name of Organization: Frazee Community Center ~: "1140 West Mill St.,P.O. Box8250 ~~n R~rn~rni~r~ Zip Cede: 97d1,) lPc;n ernone Number: C71 d ) RR9-4474 Contact Person: Npnr" w"" "CP Title: EXf>Cllt i Vf> Di rector Federal Identification Number/Social Sea.lrity Number (nan-profit corporation) :9 5- 2 3 9 48 7 8 /C04 8 653 5 II. Proiect Description (Check 1IPPlicable CateQorvl _ Real Prq:erty Acquisition Capital Equipnent Acquisition = Planni.n:jjstudies Public Facilities (Construction) ~ Public Services Rehabilitatic:>n/Preser- - vaticn Other (if d1eck, ex- - plain in space be1cw) other: a) Name of Project: Emergency Food/Hot Meals, Brown Bag Lunches, Fm~rapnrr ~n~~ Rnxp~ I=ation 0 ProJect: 114 Q j"m:t Mill St. C:~n l'lr1n,--, Census Tract(s} an:ljor Block Groop(s}: Historic Preservation: Is there any knc:Mn rrchae10gical or historical significance of the strucbJre, site or area within one-half {1/2} mile fram project site? If so, explain: NO Services b) Provide a detailed description of the prq::csed project by describin:J precisely what is to be aCCCllplished with the requested furds. {Attach additional sheets, if nE>O?SSaIy}: Emergency In C:ppt ,1QR, 'l'np C:pntpr opened a "Soup Kitchen" to feed the hun'Jr,' & hom,.-l,.-<;", frlmil ip", R innivinllals throughout the C1ty of San Barnar~ir~ 'l'wpnty (70) to fifty pf>rsons a day were 1n nead 3.t thilt tjr-- wp nm.7 <<pnlP 1 ROO to 7.000 persons a "Hot Meal" aaeh month, ~nr mrlny thi", is'thf> onlv hot meal they receive a day. See Attached Sheet. EXHIBIT "A" II. b) Project descriptior Last year the Center served 22,433 "Hot Meals",meals are served 5 days a week from 11:00 to 1:00, at 1140 West Mill St.,San Bdno.. In May,1990, it came to the attention of the volunteers and staff at Frazee,that these displaced, hungry persons did not have any evening meal. We started a "Brown Bag" program, those without food for the evening meal can take a brown bag lunch with them for that evening. There were 12,424 served, this was for 7 months of 1990. The Hot Meal Program Breakdown; 0~5 yrs. 6~12 13~17 18~29 30~69 65 & over 2,297 1,393 476 6,035 11,714 518 Total 22,433 The Brown Bag Program Breakdown; 0~5 yrs. 6-12 13-17 18-29 30-64 65 & over 1,673 1,132 264 2,876 6,226 253 Total 12,424 7 months of 1990 The Center also provides other services at the Mill Street Site such as, Emergency Food Boxes for Families, Clothes Closets for Men,Women and Children, Monday and Tuesday nights a Medical Clinic. Once a month, the 3rd Friday we have a Medical Clinic for the Homeless Mentally Ill. The CDBG Funds would help maintain the "Hot Meal" and "Brown Bag" programs, for those clients who are without food each day. II. c) Specific purpose, The purpose is to feed those who are hungry in our community,many of our clients use tobe, the non-working single male, through the past few years it has increased in large numbers and now for the past two years, the families with children, single parents with children, the middle aged and the senior citizens now are among the persons daily eating in the kitchen. Many of these clients only eat one hot meal a day. Part of the clients are from the neighborhood and simply do not have enough food to last the month, some are just recently un-employed and without monies for food. We feel the Center has a great impact on the hunger problem in the community. By the increase in the demands for food daily, without these food programs these persons would be forced to try and find other sources which are simply not available. II. SCOPE OF SERVICES b) Project description. Emergency Services; In 1990 the Center served 4,889 Emergency Food Boxes to families, The Food Box Program Breakdown; 0-5 yrs. 6-12 1~-17 1P-29 3r-64 6' & over 1,018 900 365 874 1,655 113 Total 4,889 309 families received Fruit & Vegetables Clothing was given to 2,861 persons Bus tokens given to 194 persons 724 persons were assisted with emergency utility assistance 180 persons received household furniture, for their homes 2,540, persons received Medical Assistance in the clinic Holiday Baskets were given to 8S0 families The Childrens C~ristmas Party was attended by 792 children continued on next page. moo m:>rosAt APPLiCMIOO Developnent Departmen' Pi!g8 -3- v. Proposed Pro1ect Bu&1et (Please Ca!1)lete k.Plicable Items only) a) Mninistration Salaries arrl FriNJe Benefits: SUWlies: Professional Services: Travel/Conferences/Seminars : utilities: Insurance : Office Equipment: Other:, $ 33,580 $ I) 147 $ ::>; 070 $ 1 iR7 $ i' hOO $ 7' RI)O $ . 1)00 $ $ $ $ $ $ $ $ b) c) d) e) f) g) h) O:mstnlctiori EnJineeriNJ arrl Design Larxi 1Icquisition PlaJ1l1in:J Activities Rehabilitation Activities other:Dir~ct 5erui C'es Buildi[lq ,Maintenance Total ProJect Cost: 1 R. 1 CJ7 . 4,800 72.1 ?1 (For construction, engineerirg arrl design, larrl acquisition arrl rehabilitation activities only.) Est.i1nator: Est.i1nator's (\lalifications: h) Identify other funjinq SC!.lI'CeS: Identify camnitments or applica- tions for furrls f= other SC!.lI'CeS to iaplement this activity. If other furrls have OOll1 approved, attach eviderx::e of camnit:ment. Source of Funcl's F'l.mdi.rn ~t Date Available F." M n ~lIrrQ~.7'h'S'v.4 T1 i~! Dir'Sct Dor;~t-innc:: $ 1),000 $ CJ 1)00 $ R' 001) . Oct-gO/June 91 7 1 90/6 30 91 7 1_CJo/h 10 CJl i) Was this project previoosly fun:ied with (DB; funds? Yes X No If YES, in:licate the year(s) in which CDB; furrls ~ received- am. the grantiNJ entity: 1 CJRCJ /90 Ci tv of San Bernardino 1CJCJo/1CJCJ1 ~ity of San Bernardino j) If you have never received CDB; ~, provide evidence of arrj previoos experience with other federally furrled prcgrarrs (use additional sheets if necessaxy): EXHIBIT "B" DEVEIDPMENl' IEPARIMENl' OF THE CITY OF S1\N 1lEmWIDIN:> cnooJNITY DEVEIDPMENl' BIDCK GRAN!' PRJGRAM REQUIREMENl'S for ~IENl'S 1. SUDD1EllleIltal Infonnation for SUbrecipient As a successful applicant of the city of San Bernardino FY 1991/1992 Cammuni.ty Developnent Block Grant (c::::r:a:;) Program, you are not only agreeirq to provide the services as stated in your application, but also to abide by the moo Program requirements ani responsibilities. To further assist you in understam:Uq said requirements ani responsibili- ties, the followirq summaries ani 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 ani sign hisjher signature as part of the moo agreenent. 2. Month! v Reauest for ReimbursEllleIlt Deadline: Due the fifth (5th) day after end of each calendar month unless othezwi.se stated in the moo agreEllleIlt. Include the followirq: a) One (1) CCllTpleted Request for Reimbursement form. b) One (1) copy of all checks issued that are beirq 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 beirq reimbursed. e) One (1) copy of all check stubs, accountirq ledgers, amjor other d=umentation that reflect gross salary am. all deductions for each check(s) issued. f) One (1) page narrative describirq activities undertaken durirq the month included for rellnbursement. In response to its part of each Cl'::ll.........nt, the city agrees to pay all invoices within thirty (30) days after it receives the invoice provided the City is satisfied all ~ have been incurred within the scope of the executed agreement ani that the subrecipient continues to comply with the terms ani conditions of the moo agreenent. (Generally, invoices are processed within ten (10) days of receipt of sarre.) 'l11e City reserves the right to defer processirq of invoices ani withhold payments until all required reports, statements, amjor certificates have been submitted ani, where necessary, approved. lab: 3025 Rev. 6/11/91 -1- CDBG PRJGRAM REQUIREMENl'S Fiscal Year 1991/1992 EXHIBIT "c" g) All acc:oontirg records am evidence pertainirg to all oosts of each subrecipient am all dOCl.Ullen'ts related to the CD~ agreement shall be retained am available for three (3) years followirg the completion of the furrled program. h) Each subrecipient agrees to allow the City of San Bernardino Community Development Department to audit the furrled program as part of its annual audit of all CD~ funds pursuant to federal regulations set forth in Title 24 of the Code of Federal Regulations. 3. ReportslRePortinq Reauirements and Records/ReCOrd Keepinq Reauirements While staff realizes that report writirg am record-keepirg are not the lIOSt desirable aspects of any program, it is one vehicle that provides a JreaSUre of program progress am accomplishments. Thus, all subrecipients participatirg in the CD~ Program are reauired to provide the City of San Bernardino Development Department with written reports of its activities on or before the tenth (10th) day of October, January, April am July of any given program year for the previoos three (3) =nth period in addition to a final report when the agreement terminates. All reports shall include infonnation on program activities, accomplishments, new program infonnation am current program statistics on expenditures, case loads am activities of the reportirg period. Each subrecipient is also required to maintain =nthly records of all ethnic am racial statistics of persons am families assisted by its program(s). 'Ibis =nthly record shall include data on the number of low am IOOderate i.na::Jrne persons am hooseholds assisted, (as detennined by federal inCOll'e lmts), number of female-headed hooseholds, am number of senior citizens assisted. As mentioned earlier, each subrecipient is required to keep all acx::ountirg records am evidence pertainirg to all costs for three (3) years followirg completion of the furrled program. 4. OUarterlv Reports Deadlines: October 10 - for period OOITering July 1, to September 30, of Pro<:l:t:lUn year. January 10 - for period OOITering October 1, to Dee-her 31, of pr"':j.Law year. April 10 - for period OOITering January 1, to March 31, of pxogldll\ year. July 10 - for period OOITering April 1 to J\me 30, of proglaw year. Include the followirg: a) One (1) completed Activity Report (form number 802). b) One (1) competed Direct Benefit Report (form number 045 (a) . lab: 3025 Rev. 6/11/91 -2- CDBG PmGRAM REQUIREMEN1'S Fiscal Year 1991/1992 c) One (1) CXllTq:Jleted Contract am SUbcontract Activity Report (form Ct-!B 2506-006) . (For construction projects only.) It is the responsibility of the subrecipient to prepare am submit the required reports by the above stated deadlines in order to keep City staff informed of any charY]es to the furrled program(s) . 5. PL<.NLCIIlI 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 CXllTq:Jliance with cnB:3 requirements, but also serve as an opportunity for City staff to become more knowledgeable of each agency's program(s). '!he monitoring visits also serve as an opportunity to provide information to other City staff, the Mayor am Camrron Council am other interested persons. Listed belOW' is typical information city staff will be seeking, observations that might be made, am items we may wish to review: a) '!he aCCXllTq:Jlishment(s) of the program(s) to date. b) Whether or not program objectives are being met. c) 'Ihat the intended client group is being served. d) '!he mnnber of people on staff. e) '!he existence am maintenance of client files. f) Assistance City staff can provide. In addition to monitoring each agency once a year, the City of San Bernardino Developnent I:eparbnent reserves the right to have its internal auditor conduct an onsite audit of the program as part of the its annual audit of all cnB:3 fl.lrrls pursuant to Federal Regulations. Although the terms "monitoring" am "audit" may ~ 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 fram HUD monitor the cnB:3 program every year. D.lring HUD 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. 6. l'I<.NLQld Budqet Another required element of your cnB:3 agreement with the City is the program budget. Please submit an updated line item budget reflecting your approved cnB:3 allocation. Also, include a cx:py of your overall program budget with a surrnnary of your furrling source(s) am the total agency budget. '!he cnB:3 portion of your total program or agency budget should be identifiable. In past years, several agencies have raised questions regarding minor budget modifications or adjus'bnents. Staff realizes that the approved budget may require minor adjustments during the life of the program am request that you discuss proposed charY]es with Developnent I:epartment staff. lab: 3025 Rev. 6/11/91 -3- CDBG POOGRAM REQUIREMENl'S Fiscal Year 1991/1992 l Again, please be reminied that capital or non-expen::lable equi~t is not to be purchased with moo funjs. If you need to acquire such equipnent, please discuss it with Developnent DepartIoont staff. 7. Purchase of Personal Pl'oPertv or Eauianent (Read section "13" of the CDBG 1\areement All tangible personal property having a useful life of rrore than one (1) year an:i an acquisition cost of three hun::lred dollars ($300.00) or rrore per unit shall be subject to the requirements of the Property Management Standards specified in 24 CFR, Part 85.32, "Cclrnm:m Rule". 8. Procedures a) All equipnent an:i property purchased in accordance with the above standards shall be identified as "Federal Property-HUO", (include your internal Identification Number). Identification may be achieved by tagging or ~ving the property or by any method that will result in property Identification Number being oennanentlv affixed. b) Maintain a separate record of all such equi~t an:i property. Information shall include: -Name/Description -Serial Number -Identification Number -Date Purchased -Purchase Price -corrlition (Le., excellent/good/fair/poor) -Glaracteristics (i,e., color/features, etc.) -Rlysical Location (Le., address/office/roan, etc.) c) SUJ::anit an iIwento:r:y listing to the city of San Bernardino Develqxnent DepartIoont each vear endincf June 30. Said listing is to be sul:anitted by Jul v 10 fOllCMing the end of the year. '!he list should include all the information listed un::ler item "b" above. d) A written request must be sul:anitted to the City of San Bernardino IJevelopnent DepartIoont for any approved purchases that are not in the originally approved budget (see agreement). Written authorization must be obtained fran the IJevelopnent Depart:Ioont by subrecipient prior to the p.m:hase of any equipment, whether or not said equipnent was included in the agency's original budget. e) It is the responsibility of the subrecipient to maintain an:i repair all property an:i equipnent purchased with moo funjs. It is also the responsibility of the subrecipient to identify all purchased equipment an:i property with tags or ~ving, an:i to supply same. 9. Fiscal Acoountinq and Audit Documentation '!he City of San Bernardino Developnent Depart:Ioont requires each agency to observe an:i COIIply with all accounting rules an:i audit procedures as set lab: 3025 Rev. 6/11/91 -4- CDBG PR:lGRAM ~UIREMENl'S Fiscal Year 1991/1992 forth in the COB:; agreement. '!he fo11owin] is a brief description of the IlOSt prominent requirements: a) As a participant in the city of San Bernardino COB:; Program, each subrecipient agrees to keep all furrls received frc.m the City seoarate frc.m any other sources of ~. b) Each subrecipient also agrees to keep records of all furrls received frc.m the city of San Bernardino in accordance with the procedures set forth in the "Agreerrent Accountin] and 1\dministrative Harobook". A copy of the Han:fuook is attached. 10. certification and Assurance Attached is a copy of the Certification and Assurance fom to be prepared and signed by the designated governi.rq official(s) of the subrecipient agency. '!his document is to be attached to the COB:; agreement and shall become part of the governin] requirements. lab: 3025 Rev. 6/11/91 -5- CDBG PRJGRAM REQUIREMENTS Fiscal Year 1991/1992 DEVEU>PMENl' DEl'ARllIENl' OF THE CITY OF S1lN BERWlRDDD ''Certification and Assurance" (To l\ccatpllny CDBG 1\greement) I, Nedra Wallace Executive Director (Name and Title of Official) of the Frazee Community Center (Name of Agency/Organization) located at 1140 West Mill Street, San Bernardino, CA 92410 do hereby make the follCMin;J certification and assurance to accanpany the Canmunity Developnent Block Grant Agreement between Frazee Community Center (name of organization) and the City of San Bernardino: a) Certify that the information booklet for COB:; Program requirements has been read and urrlerstood; and b) Assure that the Frazee Communi tv Center (name of Agency) will comply with all govern:in::J requirements as stipulated herewith in the performance of the COB:; Agreement. '-72:dM - ;://11/1.2<'< (Signature of Official) ~,/4~ Development Deparbrent Representative Dated: 6 - dO - 9/ Dated: ('_"l:.."J -~/ lab: 3025 Rev. 6/11/91 lab: 3025 Rev. 6/11/91 -6- CDBG PROGR1lM REQUIREMENl'S Fiscal Year 1991/1992