HomeMy WebLinkAbout1991-290
RESOLUTION NUMBER 91-290
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RESOLUTION OF THE Ml'.YOR AND CXHtJN CX>U!CIL OF THE CITY OF Sl\N BERNlIRDIN:>
2 AIJ'l'II)RIZIm AND D.um.:ul.'l3 THE EXECl1l'ION OF A CDIMllNITY DEVELOPMENT BIDCK GRl\Nl'
FCNDIm 1lGREEMENT W>"LWUil'f THE CITY OF Sl\N BERNlIRDIN:> AND CElNl'ER FOR
3 INDIVIOOAIS WITH DISl\BILITIES.
4 BE IT RESOLVED BY THE Ml'.YOR AND CXHtJN CX>U!CIL OF THE CITY OF Sl\N
llERNlUmIN:> AS FOLIDI9S:
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Section 1.
(a) 'Ihe Mayor of the city of San Bernardino is hereby authorized and
directed to execute, on behalf of the City, an agreement for CaImnunity
Developrrent Block Grant fun:J.i.n;J with CE:m'ER FOR INDIVIIXJAIS WI'IH DISABILITIES,
which agreement is attached hereto as Exhibit "1", and is incorporated herein
by reference as though fully set forth at len;Jth. 'Ihe agreement provides for
the grant~ of CaImnunity Developrrent Block Grant funJs in the fo11CM~
amount of $10,000.00.
Section 2.
(a) 'Ihe authorizations to execute the above referenced agreement is res-
cinded 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 forego~ resolution was duly adopted by the
Mayor and Cat1lron Council of the City of San Bernardino at a reqular
meet~ thereof, held on the 1st day of
July
1991 by the fo11CM~
vote, to wit:
IIII
IIII
IIII
III
IIII
IIII
IIII
IIII
IIII
IIII
IIII
IIII
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RESOLUTION OF THE CITY OF ImN BERNl\RDIJ!() AllTIIJRIZIm THE EXECVTION
OF A CDBG 1lGREEMENT BETWEEN CITY AND CENl'ER FOR INDIVIDUALS WITH DISl'.BILITIES
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2 Council JoIAnhA1"S
3 F.STRAI:lA
4 REIILY
5 HERNANDEZ
6 MAUDSIEY
7 MINOR
8 FOPE-IlJDIAM
9 MILLER
AYES NAYS
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ABSTAIN
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/4: K
I.. ' (/ /
, ,c...thfL, I UL<vrv-i
City Clerk "
14 '!he foregoin;J Resolution is hereby approved this 5th day of
15 1991.
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Approved as to form an1
legal content:
JAMES F. PENImN,
City Attorney
By:~
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'IHIS 1\GREEMENT is entered into effective as of this 1 s t day of
July
, 1991, at San EeJ::nardi.no, California, between the CITY OF SAN
BERNARDINO, a nnmicipal corporation, referred to as "City", ani CENTER FOR
INDIVIIlJALS WI'IH DlSABlImFS. a nonprofit COII1lIUlI1ity service organization,
referred to as "SUbrecipient". City ani SUbrecipient agree as follows:
1. Recitals.
(a) SUbrecipient has requested financial assistance from city for
fiscal year 1991/1992 from fums available through the Community Development
Block Grant Program from the United states of A1rerica to City.
(b) SUbrecipient represents that the expenditures authorized by this
1\greeIIwent are for the provision of leisure. Erlucational outreach m:ocnams for
disabled individuals. which are valid ani eligible COII1lIUlI1ity development
purposes, as defined in CFR Part 570 in accordance with fEderal law ani
regulations, ani that all fums granted under this AgreeIrent will be usErl for
no p.lrpose other than those purposes specifically authorized. 'Ihe specific
purposes ani scope of services of this particular grant are set forth in
Exhibit "A", attachErl hereto ani incorporated into this AgreeIrent as though
fully set forth herein.
(c) SUbrecipient will CXlIItlly with applicable unifom administrative
requirements, as described in 24 CFR, Part 570.502.
(d) SUbrecipient will carry out each activity, program aOOjor project
in CXlIItlliance with all fEderal laws ani regulations as set forth in 24 CFR,
Part 570, with the following exceptions, (i) the SUbrecipient does not assume
the envirornnental responsibilities of the Grantee as described in 24 CFR,
Part 570.604, ani; (ii) the SUbrecipient does not assume the Grantee's
responsibilities for initiating the review process urrler Executive order
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EXHIBIT "I"
1 Number 12372.
2 (e) SUbrecipient will ~ly with the requireIMmts set forth in the
3 unifo:rm Relocation Assistance an:l. Real Property Acquisition Policy Act of
4 1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal
5 regulations when atterrpting to or acquiring any building or parcel of lam.
6 SUbrecipient will be requi.rerl to obtain written approval from the Executive
7 Director of the Developnent Department prior to any activity taking place
8 within the confines of URA 49 CFR, Part 24, as amended.
9 2. Pavments.
10 city shall reimburse SUbrecipient for allowable costs incurred under
11 the scope of this 1lgreement an:l. applicable Federal regulations, vmich have
12 not been paid for or reimbursed in any other manner by any other Agency or
13 private source of fun1ing. Re.iJnbursement will be made at least on a Jronthly
14 basis, with the total of all such re.iJnbursements not to exceed $10.000.00.
15 3. Te1m.
16 'lhis Agreement shall camnence Julv 1. 1991. an:l. te:rminate June 30,
17 1992.
18 4. Use of FImds: Bu<Iaet: Travel Li1Ilitation.
19 (a) '!he turns paid to SUbrecipient shall be used by it solely for
20 the pw:poses set forth in ParagraIb l(b) of this Agreement, an:l. in accordance
21 with the program budget suJ:mri.tted by SUbrecipient to the city of San Bernar-
22 dine Ccmnunity Developnent Department, a copy of vmich is attached to this
23 1lgreement as Exhibit "B". 'lhis budget shall list all sources of fun1ing for
24 the program covered by this Agreement, whether from state, Federal, local or
25 private sources, an:l. shall identify vmich sources are paying for vmich speci-
26 fie 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
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this pl:og1:aIn unless specifically listed in the budget. as suI:lni.tted ani ap-
proved, ani all travel expenses to be furxied fram :furxjs provided hereun:ier
shall be specifically identified as travel expense, which shall be negotiated
between the City of san Bernardino Development Department ani Subrecipient in
the budget. Arrj travel expenses incurred by Subrecipient above the budgeted
amount or for out-of-state travel shall not be eligible for rellnbursement
unless the prior written approval of the Executive Director of Development
Department of the City of San Bernardino, or designee, has been obtained.
(c) F\ln:Is shall be used for purposes authorized by the Conununity
Development Block Grant Program only, ani no portion of the :furxjs 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. Arrj amounts withheld by Subrecipient fram an employee's pay
for taxes, social security, or other withholding ani not :innnedi.ately paid
Oller to another entity, shall not be included as wages or expenses eligible
for reimbursenvant as an allowable cost until such t:in1e as the withheld taxes,
social security, or other withholdin:.Js are actually paid Oller to another
entity entitled to such payment. Upon such payment ani the suJ:nnission of
evidence of such paynent to the city of san Bernardino Development
Development Department, such expenses shall be regarded as an allowable cost,
ani 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 durin;!' the first three (3) quarters of the fiscal year, so long
as Subrecipient is in compliance with section "2" of this Agreement at the
t:in1e of suJ:nnission of the budget modification request. A variation in the
itemization of costs, as set forth in the pl:oposed budget suI:lni.tted to City,
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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 Developnent Development of the City of San Bernardino is obtained, it
4 be~ understood that the total amount of the grant shall not be varied
5 thereby.
6 (f) the parties intend that grant ftIrns be utilized within the time
7 pericxl covered by this 1Igreement, am entitlement to any ftIrns not expended
8 or obligated shall revert to the City. No reserve for the future shall be
9 established with the ftIrns except as may be authorized to meet canunitments
10 made for services provided dur~ the pericxl of this 1Igreement, but not yet
11 paid for at the conclusion of this 1Igreement.
12 (g) SUbrecipient shall remain in compliance with all state, federal
13 am local laws prior to the receipt of any reiInbursement hereurxier. 'Ihis
14 includes, rot is not limited to, all laws am regulations relative to the
15 fom of organization, local business licenses am any laws am regulations
16 specific to the business am activity carried out by SUbrecipient. Rellnburse-
17 ment shall not be made to SUbrecipient which is not operat~ in compliance
18 with all applicable laws. Re:iInbursements may be subsequently paid, at the
19 discretion of the Executive Director of the Development Department for
20 reiInbursement costs incurred dur~ the pericxl when compliance is achieved
21 before expiration of this 1Igreement.
22 5. 1\ccountinq: Audi. t.
23 (a) Prior to the final paynent urxier this 1Igreement, am at such
24 other times as may be requested by the Executive Director of the Development
25 Department of the city of San Bernardino, SUbrecipient shall sul:!nit to the
26 Director an account~ of the proposed am actual expenditures of all
27 revenues from whatever source a=ing to the organization for the fiscal
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year ending June 30, 1992.
(b) Financial records shall be maintained by SUbrecipient in accord-
ance with Generally Accepted AcocuntinJ Principles, an:l in a manner which
pennits City to trace the expemitures of :Eurrls to source documentation. All
books an:l records of SUbrecipient are to be kept open for inspection at any
time durinJ the business day by the City, its officers or agents, an:l by any
representative of the united states of America authorized to audit cammuni.ty
developnent block grant pl:ograms.
(e) stan:lards for financial management systems an:l financial report-
inJ requirements established by 24 CFR, Parts 85.20 an:l 85.22 shall be fully
canplied with by SUbrecipient. SUbrecipient acknowledges that the :Eurrls
provided are federal :Eurrls.
(d) SUbrecipient's financial management system shall provide for
accurate, current an:l canplete 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, an:l SUbrecipient
shall assure that they are used solely for authorized purposes.
6. services Available to Residents: Monitorincr and ReDortina PIUY.Law
Perfonnance.
'Ihe services of SUbrecipient shall be made available to residents an:l
inhabitants of the City of San Bernardino unless ot.henJise noted in Exhibit
"A". No person shall be denied service because of race, color, national ori-
gin, creed, sex, marital status, or physical hanllcap. SUbrecipient shall
comply with Affinnative Action guidelines in its enployrrent practices. SUbre-
eipient shall also nari.tor the program's activities an:l submit written re-
ports quarterly, or !lOre often if requested, to the Executive Director of the
Developnent Department of the City of San Bernardino, in accordance with 24
CFR, Part 85.41(e) (d) an:l Part 85.21. Failure to provide such quarterly
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1 performance reports may prevent the proc:essin::J by City of SUbrecipient's
2 requests for re:i1nbursement, an:i may justify tenp:lrary withholciin;J as provided
3 for in Paragraph "11" hereof. city reserves the right to waive such breach,
4 without prejudice to arrj other of its rights hereurrler, upon a fi.rxti.ng by the
5 Executive Director of the Development Department that such failure was due to
6 extraordinary ci=Dnstances an:i that such breach has been timely cured
7 without prejudice to the City.
8 7. ProcurEII1ent Practices: Conflict of Interest.
9 SUbrecipient shall CXlIply with pr=urement procedures an:i guidelines
10 established by 24 CFR, Part 85.36(d) (1), SUbrecipient "Procurement
11 starxiards". In addition to the specific requirements of 24 CFR, Part 85,
12 SUbrecipient shall maintain a code or staOOards of coniuct which shall govern
13 the performance of its officers, E!lll'loyees or agents in contractin::J with an:i
14 experxiin] the federal grant f'urds made available to SUbrecipient urrler this
15 Agreement. SUbrecipient's officers, E!lll'loyees or agents shall neither solicit
16 nor accept gratuities, favors, or arrjthin::J of m:metary value from contractors
17 or potential contractors. 'lb the extent pennissable by state law, rules, an:i
18 regulations, the staOOards adopted by SUbrecipient shall provide for
19 penalties, sanctions or other discipli.r1My actions to be applied for
20 violations of such staOOards by either the SUbrecipient's officers, E!lll'loyees
21 or agents, or by contractors or their agents. SUbrecipient shall provide a
22 oopy of the code or staOOards adopted to City forthwith. All pr=urement
23 transactions without regard to dollar value shall be con:lucted in a manner so
24 as to provide maximum open an:i free CCllI'petition. 'Ihe SUbrecipient shall be
25 alert to organizational conflicts of interest or non-campetitive practices
26 am:lng contractors which may restrict or eliminate ,"^"l~ition or otherwise
27 restrain trade. SUbrecipient agrees to adhere to conflict of interest
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provisions set forth in 24 CFR Section 570.611 an:! to the procurement rules
specified in 24 CFR, Part 85.36, in its expenditure of all funds received
under this l\greement.
8. Anti-Kick Back Provisions: Eaual EnlDlovment ClDDortunitv.
All contracts for construction or repair usin; funds provided under
this l\greement shall include a provision for lXllI1pliance with the Copelan:!
"Anti-Kick Back" Act (18.U.S.C. 874) as SUWlerrented in Department of Labor
Regulations (29 CFR, Part 3). '!his Act provides that each contractor or
subgrantee shall be prohibited fram iniucin;, by any IreaIlS, any person em-
ployed in the construction, completion or repair of public work, to give up
any part of the lXllI1penBation to which he/she is otheJ:wise 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 usin; funds
provided under this l\greement shall contain a provision requirin; compliance
with Equal ~loyment Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevailinq Waqe Reaui.rement.
lIrr:I construction contracts awarded by SUbrecipient usin; funds
provided under this l\greement 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))
an:! as SUWlerrented by Department of Labor Regulations (29 CFR). Ul'rler this
Act, contractors shall be required to pay wages to laborers an:! mechanics at
a rate not less than the mi.niJnum 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 prevailin; wage determination issued by the Deparbnent of Labor
in each solicitation an:! the awani of a contract shall be corxlitioned upon
the acceptance of the wage determination. SUbrecipient shall report all sus-
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1 pected or reported violations to City.
2 10. AcDroval of City of any Charqes: Use of PA.VYLaIU Incane.
3 (a) City hereby requires SUbrecipient to notify the city, in writing,
4 of its intent to charge a fee for any service, 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 services, am of any :rules am regulations governing
8 the provision of services hereunder.
9 (b) Program income represents gross incane received by the
10 SUbrecipient directly generated from the use of :Eurrls provided hereunier.
11 SUch eamings include interest earned on advances am my include, rot will
12 not be limited to, income from service fees, sale of \,;Ul,lIlL.A!ities, usage am
13 rental fees for real or personal property using the :Eurrls provided by this
14 Agreement. As to such income, it shall be first applied to eligible program
15 activities, before requests for rei1nburseirent am, 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 p:rugram incane to the city within thirty (30) days subsequent to the en:i of
19 the program year (June 30, 1992).
20 11. TeIII:lOrarv withholdi.nct.
21 'lhe Executive Director of the DevelOIE\eIlt Oepart:lrent of the city of
22 San Bernardino is authorized to terlporarily withhold the payment of :Eurrls to
23 SUbrecipient when the Director detennines that any violation of this
24 Agreement has occurred. F'lIrrls 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 am CaIm:m Council. 'lhe sole gJ:'CllmB for such appeal shall be that no
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violation of the Agreement has occurred. SUbrecipient shall file such aJ;P3al
within fifteen (15) days after such first withholcii.n3'. '!he Mayor am Common
Council shall set a date for the hearing of such appeal which is within
thirty (30) days follOlrling the date of filing.
12. Records Retention.
Financial records, supporting dClClllllel'lts, statistical records, am all
other records pertaining to the use of the :Eurds provided under this Agree-
ment shall be retained by SUbrecipient for a period of three (3) years, at a
minimum, am in the event of litigation, claim or audit, the records shall be
retained until all litigation, claims am audit fincii.n3's involving the re-
cords, have been fully resolved. Records for non-expendable property acqui-
red with federal :Eurds provided under this Agreement shall be retained for
three (3) years after the final disposition of such property.
13. l'roPertv Manaaenent Standards.
Non-expendable personal property, for the purposes of this Agreement,
is defined as tang'ible personal property, purchased in whole or in part with
federal :Eurds, which has useful life of mre than one (1) year am an acqui-
sition cost of one-thousan:1 dollars ($1,000.00) or mre per unit. Real
property means lam, incluc1i.n;J lam inprovements, structures am awurten-
ances thereto, excluc1i.n;J mJVable machinery am equipnent. Non-expendable
personal property am real property purchased with or inproved by :Eurds pro-
vided under this Agreement shall be subject to the property management stan-
dards set forth in 24 CFR, Part 85.32.
14. Tennination for Cause.
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(a) City reserves the right to tenninate this Agreement in accordance
with 24 CFR, Part 85.43, am any am all grants am future payments under
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this ~L==ment, in whole or in part, at any time before the date of
completion of this Agreement whenever city deteDnines that the SUbrecipient
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1 has materially failed to comply with the tenns am con:litions of this
2 Agreement. In the event seeks to tenni.nate this Agreement for cause, City
3 shall proIl'ptly notify the SUbrecipient in writinI of the proposed tenni.nation
4 am the reasons therefore, together with the proposed effective elate. SUbrec-
5 ipient shall be given an opportunity to appear before the Mayor am Cc:IlIrron
6 Council at the tilDe at which the Mayor am Cc:lrnlron Council are to consider
7 such recommerrled termination, am shall be given a reasonable opportunity to
8 show cause v.ny, if any exists, the Agreement should not be tenni.nated for
9 cause. Upon detenni.nation by the Mayor am Cc:lrnlron Council that the contract
10 should be tenni.nated for cause, notice thereof, includi.n;J reasons for the
11 detenni.nation, shall promptly be mailed to the SUbrecipient, together with
12 infonnation as to the effective elate of the tenni.nation. Such notice may be
13 given orally at that hearinI. '!he detenni.nation of the Mayor am Cc:IlIrron
14 Council as to cause shall be final.
15 (b) In the event of any tenni.nation v.nether for cause or for
16 convenience, SUbrecipient shall forthwith provide to the DevelopDeJlt Deparbn-
17 ent any am all documentation J1I?eded by the Developoent Department to
18 establish a full record of all II'01li.es received by SUbrecipient am to docume-
19 nt the uses of same.
20 15. Tennination for COnvenience.
21 City or SUbrecipient may tenni.nate this Agreement in v.nole or in part
22 provided both parties agree that the continuation of the project would not
23 produce beneficial results commensurate with further experxtiture of fuOOs. In
24 such event, the parties shall agree upon the tenni.nation con:litions,
25 includi.n;J the effective elate am, in the case of partial tenni.nations, the
26 portion to be tenni.nated. '!he SUbrecipient shall not incur new obligations
27 for the terminated portion after the effective elate am shall cancel as many
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outstarK:iinJ obligations as possible. city shall allOlr/ SUbrecipient full
credit for the City's share of the non-cancellable obligations obligations
properly incurred by the SUbrecipient prior to t.enni.nation.
16. Reversion of Assets.
SUbrecipient agrees that upon expiration of this Agreement, the
SUbrecipient shall transfer to the City any am all COB; furrls not used at
the time of expiration am any accounts receivable attributable to the use of
COB; furrls. SUbrecipient agrees that any real property un:ier its control,
which was acquired or ing;>roved, in whole or in part, with COB; furrls 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 em, Part 570.208 until five (5) years
after expiration of the Agreement or such period of time as determined appro-
priate by the City, or; (ii) is disposed of in a manner which results in the
City being reimbursed in the aIOOllI\t of the current fair market value of the
property less any portion thereof attributable to experdi.ture of, or
ing;>rovement to, the property by SUbrecipient. SUch reiInbursement is not
required after the period of time specified in "i" above.
17. Hold HaJ:mless.
SUbrecipient agrees to iniemni.fy, save am hold hannless the city am
the Development Department am their Elllllloyees am agents from all
liabilities am charges, expenses (including counsel fees), suits or losses,
however occurring, or damages, arising or gr=ing out of the use of or
receipt of furrls paid un:ier this Agreement am all operations under this
Agreement. Payments under this Agreement are made with the understarrling
that the City am the Developnent Department are not involved in the
perfonnance of services or other activities of the SUbrecipient. SUbrecipient
am its Elllllloyees am agents are Weperrlent contractors am not Elllllloyees or
agents of City am the Development Department.
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1 18. ~t.
2 nus Agreement may be amen:J.ed or IOOdified only by written agreement
3 signed by both parties, ani failure on the part of either party to enforce
4 arr:t provision of this Agreement shall not be construed as a waiver of the
5 right to c::cIlp3l enforcement of arr:t provision or provisions.
6 19. lIssicmment.
7 '!his Agreement shall not be assigned by SUbrecipient without the
8 prior written consent of City.
9 20. Notices.
10 All notices herein required shall be in writinJ ani delivered in
11 person or sent certified mail, postage prepaid, addressed as follows:
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lis to city:
lis to SUbrecipient:
Ken Joswiak, Director
center for rmividuals with
Disabilities
8088 Palm lane
San Bernardino, Calif. 92410
Executive Director
Developnent 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 fom of a
certified copy of minutes of the governin:J body of SUbrecipient, or other
adequate proof, that this Agreement has been approved in all its detail by
the governin:J body of the SUbrecipient, that the person(s) executinJ it are
authorized to act on behalf of SUbrecipient, ani that this Agreement is a
bi.rxiin:J obligation on SUbrecipient.
22. certification of lIssurance.
SUbrecipient shall comply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully
set forth at length ani made a part of this Agreement by execution of all
certifications ani assurances of the COB:; program.
lab: 4432
Rev. 6/11/91
-12-
1 certifications arxl assurances of the cooo program.
2 23. Entire l\I:IreE!ment.
3 'lhis Agreenent arxl any document or instnnnent attached hereto or
4 referred to herein integrates all tenns arxl con:litions mentioned herein or
5 incidental hereto, arxl supersedes all negotiations arxl prior writirq in
6 respect to the subject matter hereof. In the event of conflict between the
7 tenns, con:litions or provisions of this Agreenent, arxl any such docrnnent or
8 instnnnent, the tenns arxl con:litions of this Agreenent shall prevail.
9 24. No Third Party Beneficiaries.
10 No third party shall be deemed to have any rights hereun::ler against
11 any of the parties hereto as a result of this Agreenent.
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 I I I I
28
lab:4433
Rev. 6/11/91
-13-
Fl( 1991/1992 CDIlG 1IGREEMENr BETWEEN CITY 1IND
CENrER FOR INDIVIDUALS WITH DISABILITIES
1
2 IN WITNFSS WHERIDF, the parties hereto have executed this AgreenEnt on
3 the day arxl. 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
ATTEST:
G(~r~
Approved as to form arxl.
legal content:
BY:
BY:
JAMES F. PENMAN,
city Attomey
BY: /l"..._. -.. ~J ~ . .0' )
/~
Secretcuy
lab: 4432
Rev. 6/11/91
-14-
c: /0 C PJt.-"~';<7 ~..D)
ATTACHMENT A
SCOPE OF SERVICES
II. Project Description
B. The amount of $10,000 is requested to assist to provide continuation
funding for Project LEO (Leisure Education Outreach). This program
focuses on teaching people with disabilities the responsible use of
free time by assisting them in acquiring meaningful leisure skills
and attitudes.
C. Project LEO will assist people with disabilites in becoming more
independent and in participating more fully in society. It will
focus on improving their quality of life and assist in integrating
them into the mainstream of society.
The goals of Project LEO include the development of: Self-aware-
ness, decision-making and planning skills, knowledge of and ability
to use available leisure resources, social interaction skills,
leisure skills, and leisure related skills,
This program has previously been funded by the County and City of
San Bernardino CDBG Programs, as well as the San Bernardino City
Unified School District. Continuation funds are being sought from
these sources. City of San Bernardino CDBG Funds were allocated
in FY '90- t 91.
EXHIBIT "A"
. a::IlG PR:>Rl6AL APPLIC1 ":If
Develcpll8l1t Deparbnen\..
Page -3-
ATTACHMENT B
v. ProPosed Pro1ect BuOOet (Please Chlr>tete klPlieable Items Onlvl
a) MmWstration
Salaries ard FriIge Benefits: $ 37.192
SUWlies : $ 5.000
Professional services: $
Travel/O:lnfereoces/Serninars : $
utilities: $
IrlsurarK:le : $
Office EquipteIlt: $
other : $
b) CCt1st:r:uctic.n $
0) ErgineeriIg ard Design $
d) lard Acquisitic.n $
e) PI~ lIct.ivities $
f) Rehabilitatic.n lIct.ivities $
q) other: $
Total Project Cost: $ 42 .192
(For coostructic.n, en;ineerirq ard design, lard acquisitic.n ard
rehabilitation activities ally.)
Estimator: Ken Joswiak, C.I.D. Director
Estimator I S Q..Ialifications:
h) Identifv other f'l.Ir'rlim sooroes: Identify cxmnitJnents or awlica-
tions for f'unjs fran other sooroes to i:nplaDent this activity. If
other f'urrls have been awroved, attach evi.den:::e of camni.tDmt.
Source of !\mds
Funcli n<1 10mcUDt
Date Available
County of S.B. CDBG
City of S~n Rp.rnRrnino
S.R. City School~
$ 10.000
$ 17.947
$ 'i.000
7-1-91
7-1-91
9-1-91
i) Was this project previcusly furrled with aE f'urrls? Yes-L No_
If YES, irrlicate the year(s) in wtUch aE f'urrls were received
ard the granting entity: FY '90-'91 S.B. City: FY '88-89 &
FY '89-'90 S.B. County CDBG
j) If yoo have never received (DB; fIm:l.iIq, prwirle evidence of arrj
previoos experieooe with other federally furrled i"-V::JLc2IIl9 (use
aMitic.nal sheets if ~~"ty):
EXHIBIT "B"
DEVEIDl'MENl' IEPAR'lMENl' OF THE
CITY OF SAN BERNlUlDIH)
cnIM1lNITY DEVEIDl'MENl' BUlCK GRAN!'
PR:lGRlIM REQUIREMEN1'S
for
SUBRECIPIENI'S
1. SUPPlemental Infonnation for SUbrecipient
As a successful applicant of the city of San Bernardino FY 1991/1992
Canum.mi.ty Development Block Grant (COB;;) Program, you are not only
agreeing to provide the services as stated in yoor application, but also
to abide by the COB;; Program requirements am responsibilities. To
further assist you in uroerstarxiing said requirements am responsibili-
ties, the following summaries am attachments have been prepared to
introduce to or update you on each item. lIdditionally, this
instructional package will reouire yoor governing body designated
official to read am sign hisjher signature as part of the COB;;
agreement.
2. Monthl v Request for Reimbursement
Deadline: Due the fifth (5th) day after end of each calendar month
unless otherwise stated in the COB;; agreement.
Include the following:
a) One (1) completed Request for Reilnbursement fonn.
b) One (1) ~ of all checks issued that are being re:i1nbursed.
c) One (1) ~ of all bills/receipts that SUWOrt check(s) issued.
d) One (1) ~ of all payroll check(s) that are being re:i1nbursed.
e) One (1) ~ of all check stubs, accounting ledgers, anJ,Ior other
documentation that reflect gross salary am all deductions for each
check(s) issued.
f) One (1) page narrative describing activities uroertaken during 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 am that the subrecipient continues to comply with
the tenus am con:litions of the COB:; agreement. (Generally, invoices are
processed within ten (10) days of receipt of same.) 'lhe City reserves
the right to defer processing of invoices am withhold payments until all
required reports, statements, anJ,Ior certificates have been submitted
am, where necessary, approved.
lab: 3025
Rev. 6/11/91
-1-
COB;; PR:lGRlIM REQUIREMENl'S
Fiscal Year 1991/1992
EXHIBIT "e"
g) All account~ records am evidence pertainin;J to all costs of each
subrecipient am all documents related to the COOO agreement shall be
retained am available for three (3) years follow~ the COIlpletion
of the furrled program.
h) Each subrecipient agrees to allow the city of San Bernardino
Conununity Development Department to audit the furrled program as part
of its annual audit of all COOO funds pursuant to federal regulations
set forth in Title 24 of the Code of Federal Regulations.
3. ReportslRePortinq ReQuirements and Records/Reoord Keepinq ReQuirements
While staff realizes that report writ~ am record-keep~ are not the
IOClSt desirable aspects of arrj program, it is one vehicle that provides a
measure of program progress am aCCCllTq;Jlishments. 'lbus, all subrecipients
participat~ in the COB:; Program are reauired to provide the City of
San Bernardino Developnent Department with written reports of its
activities on or before the tenth (10th) day of October, JarIUiUY, April
am July of arrj given program year for the previous three (3) II'OI1th
period in addition to a final report when the agreement tenninates. All
reports shall include information on program activities, acx:x:&1q:llishments,
new program information am current program statistics on expen:titures,
case loads am activities of the report~ period.
Each subrecipient is also required to mintain IIlOnthly records of all
ethnic am racial statistics of persons am families assisted by its
program(s). 'Ibis II'OI1thly record shall include data on the number of low
am m::xierate income persons am households assisted, (as determined by
federal incx::ane l:iJnits), number of female-headed households, am number of
senior citizens assisted. As mentioned earlier, each subrecipient is
required to keep all account~ records am evidence pertainin;J to all
costs for three (3) years follow~ COIlpletion of the furrled program.
4. Quarterlv Reports
Deadlines: october 10 - for period ooverinq JUly 1, to September 30, of
progLaIu year.
January 10 - for period ooverinq october 1, to December 31,
of program year.
April 10 - for period ooverinq January 1, to March 31, of
proglalu year.
JUly 10 - for period ooverinq April 1 to J\me 30, of Prv."Law
year.
Include the follow~:
a) One (1) c:x:mpleted Activity Report (fom number 802).
b) One (1) c:x:mpeted Direct Benefit Report (fom number 045(a).
lab: 3025
Rev. 6/11/91
-2-
COB:; mJGRAM IIDJUIREMENl'S
Fiscal Year 1991/1992
c) One (1) CCllTpleted contract am SUbcontract Activity Report (form CJoIB
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 inforned of any cl1an:Jes to the funded program(s).
5. Pl.vClLaIh Monitorim
One of the City's responsibilities is to monitor each subrecipient at
least once a year. Not only are the monitorirg visits intended to ensure
each agency's continued ~liance with CDB:i requirements, but also serve
as an OWOrtunity for City staff to become more knc:Mledgeable of each
agency's program(s). ~ monitorirg visits also serve as an opportunity
to provide information to other City staff, the Mayor am Cc.8TIm:xl Council
am other interested persons.
Listed be1CM is typical information City staff will be seekin;r,
obse1:vations that might be made, am items we may wish to review:
a) ~ a~lishment(s) of the program(s) to date.
b) Whether or not program objectives are beirg met.
c) 'Ihat the intended client group is beirg served.
d) ~ number of people on staff.
e) '!he existence am maintenance of client files.
f) Assistance City staff can provide.
In addition to monitorirg each agency once a year, the city of San
Bernardino Development Department reseJ:Ves the right to have its internal
auditor conduct an onsite audit of the program as part of the its annual
audit of all CDB:i funds pursuant to Federal Regulations.
Although the terms "monitorirg" am "audit" may appear sanewhat
formidable, please be assured that your agency will be notified in
advance of any request for a monitorirg visit. Also, please be advised
that representatives fran HUD monitor the CDB:i program every year. D.lrirg
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. Pl.,^,Ld/Il BudeJet
Another required element of your CDB:i agreement with the City is the
program budget. Please submit an updated line item budget reflectirg
your approved CDB:i allocation. Also, include a copy of your overall
program budget with a S\lllUl\aIY of your furrlirg source(s) am the total
agency budget. 'lbe CDB:i portion of your total program or agency budget
should be identifiable.
In past years, several agencies have raised questions rega.rdin;J minor
budget modifications or adjustJnents. Staff realizes that the awroved
budget may require minor adjustments durirg the life of the program am
request that you discuss proposed cl1an:Jes with Development Department
staff.
lab: 3025
Rev. 6/11/91
-3-
CDBG POOGR1lM ~
Fiscal Year 1991/1992
Again, please be remirded that capital or non-expenjab1e equipnent is not
to be p.rrchased with coa; furxls. If you need to acquire such equiprrent,
please discuss it with Deve1cpnent Department staff.
7. Purchase of Personal Propertv or EauitllleI1t (Read section "13" of the COOO
1\Qreement
All ~ib1e personal property havirq a useful life of Jrore than one (1)
year an:i an acquisition cost of three hun:lred dollars ($300.00) or Jrore
per unit shall be subject to the requi.renents of the Property Management
Starrlards specified in 24 CFR, Part 85.32, "CanlrrOn Rule".
8. Procedures
a) All equipnent an:i property p.rrchased in a=rdance with the above
starrlards shall be identified as "Federal Property-HUD", (include
your internal Identification Number). Identification may be achieved
by taggirq or ~virq the property or by any method that will
result in property Identification Number beirq permanent1v affixed.
b) Maintain a separate record of all such equiprrent an:i property.
Infonration shall include:
-Name/Description
-Serial Number
-Identification Number
-Date P<1rchased
-Purchase Price
-con:lition (i.e., exce11ent/good/fair/poor)
-characteristics (i,e., color/features, etc.)
-Fhysica1 IDeation (i.e., address/office/room, etc.)
0) SUbmit an inventory listirq to the City of San Bernardino Deve1cpnent
Department each year erninq June 30. Said listirq is to be suI:lni.tted
by Julv 10 followirq the ern of the year. The list should include all
the infonration listed urrler item "b" above.
d) A written request must be submitted to the City of San Bernardino
Developnent Department for any approved p.rrc:hases that are not in the
originally approved budget (see agreement). Written authorization
must be obtained fran the Deve1cpnent Department by subrecipient
prior to the p.lrchase of any equipnent, whether or not said equiprrent
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 p.rrchased with coa; furxls. It is also the
responsibility of the subrecipient to identify all p.lrChased
equipnent an:i property with tags or ~virq, an:i to SUW1Y same.
9. Fiscal Acoountincr and Audit Documentation
The city of San Bernardino Deve1cpnent Department requires each agency to
observe an:i comply with all accountirq rules an:i audit procedures as set
lab: 3025
Rev. 6/11/91
-4-
CDBG PROGRl\M REQUIREMENl'S
Fiscal Year 1991/1992
forth in the COOO agreement. '!he follOW'irq is a brief description of the
JroSt prominent requirements:
a) As a participant in the city of San Bernardino COoo Program, each
subrecipient agrees to keep all :funis received from the City separate
from any other sources of fun:iing.
b) Each subrecipient also agrees to keep records of all :funis received
from the City of San Bernardino in accordance with the procedures set
forth in the "Agreement Accountirq ani Administrative Handbook". A
copy of the Handbook is attached.
10. Certification and Assurance
Attached is a copy of the Certification ani Assurance form to be prepared
ani signed by the designated governirq official(s) of the subrecipient
agency. '!his dOClllllent is to be attached to the COOO agreement ani shall
be<::oIoo part of the governirq requirements.
lab: 3025
Rev. 6/11/91
-5-
COOO POOGRl\M REQUIREMENl'S
Fiscal Year 1991/1992
DEVEIDPMENT DEPARDIENl' OF THE
CITY OF SAN BERNl\RDlN)
"Certification and Assurance"
(To AccclI1paIly CDBG 1\greement)
I,
(Name and Title of Official)
of the
(Name of Agency/Organization)
located at
do hereby make the following certification and assurance to a=rq:any the
Community Development Block Grant Agreement between
(name of organization) and
the city of San Bernardino:
a) Certify that the infonnation booklet for COOO Program requirements has
been read and understood; and
b) Assure that the (name of Agency)
will comply with all governing requirements as stipulated herewith in the
perfonnance of the COOO Agreement.
Dated:
(Signature of Official)
Dated :
Development Department Representative
lab: 3025
Rev. 6/11/91
lab: 3025
Rev. 6/11/91
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CDBG PROOlWf ~
Fiscal Year 1991/1992