HomeMy WebLinkAbout1991-291
RESOUlTION NUMBER 91-291
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RESOUlTION OF THE Mll.YOR AND CXIH)N OOUN::IL OF THE CITY OF SAN BERNlUIDIN::l
AU'l'II:lRIZIm AND D~~'.ua:; THE EXElCl1l'ION OF A o.:HmNITY DEVEIDE'MENT BIDCK GRAN!'
FIlNDIm ~ __~..."""'" THE CITY OF SAN BERNNlDIN::l AND ~K AMll.TEtlR
00XIm N'1IDEMl(.
BE IT RESOLVED BY THE Mll.YOR AND CXIH)N CDUlCIL OF THE CITY OF SAN
BERNNlDIN::l 1\8 iULIDWS:
section 1.
(a) '!he Mayor of the city of San Ben1ardi.no is hereby authorized am
directed to execute, on behalf of the City, an agreement for Community
Development Block Grant ~ with ~K AMATEXlR OOXING ACADEMY. which
agreement is attached hereto as Exhibit "1", am is i.n=:rporated herein by
reference as though fully set forth at length. '!he agreement provides for the
grantin] of Community Development Block Grant fums in the followin] am:lUI1t of
$15.000.00.
section 2.
(a) '!he authorizations to execute the above referenced agreement is res-
cin:led if the parties to the agreement fail to execute it within sixty (60)
sixty days of the passage of this Resolution.
I HEREBY CERl'IFY that the foregoin] resolution was duly adopted by the
RESOIm'ION OF THE CITY OF SAN BERNlUIDDD At1l'HORIZDG THE EXECllTION
OF A CDBG l\GREEMEN1' !W~'WUiI.'i' CITY MEl\IXllIBROOK BOXDG 1\CNlEMY
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council )IAn~
F.S'I'RAI:lA
AYES !il'.YS
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AB8'mIN
REILLY
HERNANDEZ
MAIJDSIEY
MINOR
roPE-llJDIAM
MILLER
4 ..~
( ~:lJLiL." vJ......Y'~-"~r
~ c~ty erk.~
!he foregoin;J Resolution is hereby approved this 5th clay of July
1991.
)
/ . /
.~/
I Mayor
Bel:nardi.no
Approved as to fom an1
legal content:
Jl\MES F. l'.EttmN I
City Attorney
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Res. 91-291
~gBI;I;HI;!J~
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'IRIS AGREEMENT is entered into effective as of this 1st day of
Julv
, 1991, at San Bernardino, California, between the CITY OF SAN
BERNARDINO, a IlRlIlicipal corporation, referred to as "city", an:i MEA!:O'IBROOK
AMATEUR B:lXING ACADEMY. a nonprofit cano..;u,.,.unity service organization,
referred to as "SUbrecipient". City an:i SUbrecipient agree as follows:
1. Recitals.
(a) SUbrecipient has requested financial assistance from City for
fiscal year 1991/1992 from :Eurx1s available through the Community Development
Bl=k Grant Program from the united states of America to City.
(b) SUbrecipient represents that the e:xperxlitures authorized by this
Agreement are for the provision of QVI\\ eauitlll8l1t an:i instructors for under
privileqed vouths to participate in controlled I,.;u"""",titive recreation SPOrts.
which are valid an:i eligible caranuni.ty development pn:poses, as defined in
CPR Part 570 in accordance with federal law an:i regulations, an:i that all
:Eurx1s granted under this Agreement will be used for no purpose other than
those pn:poses specifically authorized. The specific pn:poses an:i scope of
services of this particular grant are set forth in Exhibit "A", attached
hereto an:i incorporated into this Agreement as though fully set forth herein.
(c) SUbrecipient will c::arrp1y with applicable unifo:rm administrative
requirements, as described in 24 CPR, Part 570.502.
(d) SUbrecipient will carry out each activity, program and/or project
in c::arrpliance with all federal laws an:i regulations as set forth in 24 CPR,
Part 570, with the following exceptions, (i) the SUbrecipient does not assume
the env:iromrental responsibilities of the Grantee as described in 24 CPR,
Part 570.604, an:i; (ii) the SUbrecipient does not asswne the Grantee's
responsibilities for initiating the review process under Executive Order
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EXHIBIT "I"
1 Number 12372.
2 (e) SUbrecipient will COIlply with the requirements set forth in the
3 Unifonn Relocation Assistance and Real Property Acquisition Policy Act of
4 1970, as amerxied, (URA), 49 CFR, Part 24 in accordance with federal
5 regulations when attenptirq to or acquirirq any buildin;J or parcel of land.
6 SUbrecipient will be required to obtain written approval fram 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 amerxied.
9 2. Pavments.
10 City shall rei1nburse SUbrecipient for allowable costs incurred urrler
11 the scope of this 1\greel'rent and applicable Federal regulations, which have
12 not been paid for or rei1nbursed in any other manner by any other Agency or
13 private source of furxiing. ReiJnbursement will be made at least on a monthly
14 basis, with the total of all such reiJnbursements not to exceed $15.000.00.
15 3. Tenn.
16 'Ihis Agreement shall commence Julv 1. 1991. and tenninate June 30,
17 1992.
18 4. Use of FImds: Budqet: Travel Limitation.
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(a) '!he fun:1s paid to SUbrecipient shall be used by it solely for
20 the plUpOSeS set forth in Paragraph 1(b) of this 1\greel'rent, and in accordance
21 with the program budget submitted by SUbrecipient to the city of San Bernar-
22 dino Canununity Development Department, a copy of which is attached to this
23 1\greel'rent as Exhibit "B". 'Ibis budget shall list all sources of furxiing for
24 the PJ:V::l.LCI!ll covered by this Agreement, whether fram state, Federal, local or
25 private sources, and shall identify which sources are payirq for which speci-
26 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
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this program unless specifically listed in the budget as submitted am ap-
proved, am all travel expenses to be furxied fran funds provided hereun:ier
shall be specifically identified as travel expense, which shall be negotiated
between the city of San Bernardino Development Deparbnent am SUbrecipient in
the budget. Any travel expenses incurred by SUbrecipient above the budgeted
anount or for out-of-state travel shall not be eligible for reimbursement
unless the prior written approval of the Executive Director of Development
Deparbnent of the city of San Bernardino, or designee, has been obtained.
(e) FUnds shall be used for purposes authorized by the Conmlunity
Development Block Grant Program only, am no portion of the funds granted
hereby shall be used for any purpose not specifically authorized by this
Agreement.
(d) Only net payroll shall be periodically reimbursed by City as an
allowable cost. Any amounts withheld by SUbrecipient fran an employee'S pay
for taxes, social security, or other withholding am not :iJmnediately paid
CNer to another entity, shall not be included as wages or expenses eligible
for reiInbursement as an allowable cost 1.U1til such time as the withheld taxes,
social security, or other withholdin;Js are actually paid CNer 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
Development Department, such expenses shall be regarded as an allowable cost,
am the City shall rellnburse SUbrecipient for such obligation.
(e) SUbrecipient shall be allowed, with the prior written approval
of the Development Department of the City of San 13ernardino, to make cl'lames
to the budget during the first three (3) quarters of the fiscal year, so long
as SUbrecipient is in COlllpliance with section "2" of this Agreement at the
time 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,
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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 Develop1leIlt Developnent of the City of San BernaI:dino is obtained, it
4 being un:1erstood that the total amount of the grant shall not be varied
5 thereby.
6 (f) ihe parties intern that grant :Eun::ls be utilized within the tiJne
7 pericxi covered by this Agreerrent, and entitlement to any :Eun::ls not experxied
8 or obligated shall revert to the City. No reseJ:Ve for the future shall be
9 established with the :Eun::ls except as may be authorized to meet c:ommitrrents
10 made for services provided during the pericxi of this Agreerrent, but not yet
11 paid for at the conclusion of this Agreerrent.
12 (g) SUbrecipient shall remain in CClllpliance with all state, federal
13 and local laws prior to the receipt of any reiJnbursement hereurxier. 'Ibis
14 includes, but is not liInited to, all laws and regulations relative to the
15 fonn 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 CClllpliance
18 with all applicable laws. ReiJnbursements may be subsequently paid, at the
19 discretion of the Executive Director of the Developnent Department for
20 reiJnbursement costs incurred during the pericxi when CClllpliance is achieved
21 before expiration of this Agreerrent.
22 s. AccountiM: Audit.
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(a) Prior to the final payment uroer this Agreerrent, and at such
24 other tiJnes as may be requested by the Executive Director of the Development
25 Department of the city of San BernaI:dino, SUbrecipient shall submit to the
26 Director an accounting of the proposed and actual expenditures of all
27 revenues from whatever source accnring to the organization for the fiscal
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year erxiing June 30, 1992.
(b) Financial records shall be maintained by SUbrecipient in accord-
ance with Generally Accepted A=ounting Principles, an:l in a manner which
pennits city to trace the experxlitures of funds to source documentation. All
books an:l records of SUbrecipient are to be kept open for inspection at any
tilre during the business day by the City, its officers or agents, an:l by any
representative of the united states of America authorized to audit camnn.mity
developnent block grant programs.
(c) Stan:lards for financial management systems an:l financial report-
ing requirements established by 24 CFR, Parts 85.20 an:l 85.22 shall be fully
c:x::mplied with by SUbrecipient. SUbrecipient ackncMledges that the funds
provided are federal funds.
(d) SUbrecipient's financial management system shall provide for
accurate, current an:l c:x::mplete disclosure of the financial results of each
P:t'-":lLCUII sponsored by this Agreement. It is the responsibility of SUbreci-
pient to adequately safeguard all assets of the program, an:l SUbrecipient
'!he services of SUbrecipient shall be made available to residents an:l
inhabitants of the City of San Bernardino unless othe:twise noted in EKhibit
"A". No person shall be denied service because of race, color, national ori-
gin, creed, sex, marital status, or physical handicap. SUbrecipient shall
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c:x::mply with Affi:tmative Action guidelines in its enploynent practices. Subre-
cipient shall also IllOnitor the program's activities an:l submit written re-
ports quarterly, or IllOre 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(C) (d) an:l Part 85.21. Failure to provide such quarterly
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1 performance reports may prevent the processing by City of SUbrecipient's
2 requests for re:i1nbursement, an:i may justify tenp:>rary withholding as provided
3 for in Paragraph "11" hereof. city reserves the right to waive such breach,
4 without prejudice to any other of its rights hereurrler, upon a finding by the
5 Executive Director of the Development Deparb1ent that such failure was due to
6 extraonlinary ci.rcumstances an:i that such breach has been timely =eel
7 without prejudice to the city.
8 7. ProcureII1ent Practices; Conflict of Interest.
9 SUbrecipient shall comply with procurement procedures an:i guidelines
10 established by 24 CF'R, Part 85.36(d) (1), SUbrecipient "Procurement
11 starxiards". In addition to the specific requirenents of 24 CF'R, Part 85,
12 SUbrecipient shall maintain a code or standards of corxiuct which shall govern
13 the performance of its officers, employees or agents in contracting with an:i
14 expeniing the federal grant funjs made available to SUbrecipient un:ier this
15 Agreement. SUbrecipient's officers, employees or agents shall neither solicit
16 nor accept gratuities, favors, or anything of m::metary value from contractors
17 or potential contractors. To the extent pennissable by state law, rules, an:i
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 contractors 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 corrlucted in a manner so
24 as to provide maxilmnn open an:i free competition. ihe SUbrecipient shall be
25 alert to organizational conflicts of interest or non-competitive practices
26 anong contractors which may restrict or eliminate <.ull~tition 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 and to the procurement rules
specified in 24 CFR, Part 85.36, in its experxliture of all funds received
uroer this 1\greement.
8. Anti-Kick Back Provisions: Equal Employment Opportunity.
All contracts for oonstroction or repair usin;J funds provided uroer
this 1\greement shall include a provision for CClIlpliance with the Copeland
"Anti-Kick Back" Act (18.U.S.C. 874) as supplemented in Deparbnent of labor
Regulations (29 CFR, Part 3). 'Ibis Act provides that each contractor or
subgrantee shall be prohibited from inducin;J, by any means, any person em-
ployed in the oonstruction, CClIlpletion or repair of public work, to give up
any part of the cxxnpensation to which he/she is otheIwise 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;J funds
provided uroer this 1\greement shall contain a provision requirin;J CClIlpliance
with Equal E1lq:>loynent Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevailincr Wacre Reauirement.
Arrj oonstruction contracts awarded by SUbrecipient usin;J funds
provided uroer this Ay.L=lIle11t in excess of $2,000.00 shall include a provi-
sion for OOIlq:>liance with the Davis-Baoon Act (40 U.S.C. 276 (a) to 276(a) (7))
and as supplemented by Department of labor Regulations (29 CFR). Under this
Act, contractors shall be required to pay wages to laborers and mechanics at
a rate not less than the minimum wages specified in a wage detennination made
by the SecretarY of labor. In addition, contractors shall be required to pay
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wages not less often than once a week. SUbrecipient shall place a copy of
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the current prevailin;J wage detennination issued by the Deparbnent of labor
in each solicitation and the award of a contract shall be oonditioned upon
the aoceptance of the wage detennination. SUbrecipient shall report all sus-
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1 pected or reported violations to City.
2 10. l\I:lDroval of city of any Charaes: Use of PJ:......LCIIIl IncaIle.
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, arxl of any roles arxl regulations governing
8 the provision of services hereun:ier.
9 (b) Program inccane represents gross income received by the
10 SUbrecipient directly generated from the use of fun:1s provided hereun:ier.
11 SUch eaI'J1in;Js include interest earned on advances arxl may include, but will
12 not be limited to, income from service fees, sale of COIlIlI'Cdities, usage arxl
13 rental fees for real or personal property using the fun:1s provided by this
14 Agreement. lis to such income, it shall be first applied to eligible program
15 activities, before requests for reimbursement arxl, 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 inccane to the city within thirty (30) days subsequent to the em of
19 the program year (June 30, 1992).
20 11. Tet1DOrarv withholdincr.
21 'Ihe Executive Director of the Development Department of the city of
22 San Bernardino is authorized to terLlx>rarily withhold the payment of fun:1s to
23 SUbrecipient when the Director determines that any violation of this
24 llgIeement has occurred. F'ln'ns 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 arxl Cc:Inuron Council. 'Ihe sole grourxis for such appeal shall be that no
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violation of the 1\greement has occurred. SUbrecipient shall file such appeal
within fifteen (15) days after such first withholding. The Mayor an:i Con1nv:m
Council shall set a date for the hearing of such appeal which is within
thirty (30) days following the date of filing.
12. Records Retention.
Financial records, supporting documents, statistical records, an:i all
other records pertaining to the use of the furrls provided urrler this Agree-
ment shall be retai.ne1 by SUbrecipient for a period of three (3) years, at a
mininunn, an:i in the event of litigation, claim or audit, the records shall be
retai.ne1 until all litigation, claims an:i audit fimings involving the re-
cords, have been fully resolved. Records for non-experrlable property acqui-
red with federal furrls provided urrler this 1\greement shall be retai.ne1 for
three (3) years after the final disposition of such property.
13. ProDertv Manaclement Standards.
Non-experrlable personal property, for the purposes of this 1\greement,
is defi.ne1 as tangible personal property, purchased in whole or in part with
federal furrls, which has useful life of Irore than one (1) year an:i an acqui-
sition cost of one-thousand dollars ($1,000.00) or Irore per unit. Real
property means lan:i, including lan:i inprovements, structures an:i awurten-
ances thereto, excluding IlOVCIble machinery an:i equipment. Non-experrlable
personal property an:i real property purchased with or inproved by furrls pro-
vided urrler this 1\greement shall be subject to the property management stan-
dards set forth in 24 ern, Part 85.32.
14 . Tel.'IIIi.nation for cause.
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(a) city resenres the right to terminate this 1\greement in accordance
with 24 ern, Part 85.43, an:i any an:i all grants an:i future payments urrler
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this 1\greement, in whole or in part, at any time before the date of
CXI11pletion of this 1\greement whenever city determines that the SUbrecipient
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1 has materially failed to comply with the terms and comitions of this
2 Agreement. In the event seeks to teJ:minate this Agreement for cause, City
3 shall pronptly notify the SUbrecipient in writing of the prqx>sed teJ:mination
4 and the reasons therefore, together with the prqx>sed effective date. SUbrec-
5 ipient shall be given an OWOrtunity to appear before the Mayor and CoIt1lrDn
6 Council at the time at which the Mayor and CoIt1lrDn Council are to consider
7 such recommerrled teJ:mination, and shall be given a reasonable opportunity to
8 show cause why, if any exists, the AgreeJrent should not be teJ:minated for
9 cause. Upon deteJ:mination by the Mayor and CoIt1lrDn Council that the contract
10 should be terminated for cause, notice thereof, including reasons for the
11 determination, shall proll'ptly be mailed to the SUbrecipient, together with
12 infonnation as to the effective date of the teJ:mination. SUch notice may be
13 given orally at that hearing. 'Ihe deteJ:mination of the Mayor and Ccmron
14 Council as to cause shall be final.
15 (b) In the event of any teJ:mination whether for cause or for
16 convenience, SUbrecipient shall forthwith provide to the Deve1c:pnent Departm-
17 ent any and all documentation nE"""l...-J by the Deve1c:pnent DepartIrent to
18 establish a full record of all m:>nies received by SUbrecipient and to doc:ume-
19 nt the uses of same.
20 15. TeI:mination for COnvenience.
21 City or SUbrecipient may terminate this AgreeJrent in whole or in part
22 provided both parties agree that the continuation of the project would not
23 produce beneficial results commensurate with further experxliture of furtis. In
24 such event, the parties shall agree upon the termination comi.tions,
25 including the effective date and, in the case of partial terminations, the
26 portion to be teJ:minated. '!he SUbrecipient shall not incur new obligations
27 for the terminated portion after the effective date and shall cancel as many
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outstan:ii.n3' obligations as possible. City shall allOW" SUbrecipient full
credit for the City's share of the non-cancellable obligations obligations
properly incurred by the SUbrecipient prior to termination.
16. Reversion of Assets.
SUbrecipient agrees that upon expiration of this Agreement, the
SUbrecipient shall transfer to the city any an:! all C08:; funds not used at
the ti:me of expiration an:! any accounts recei vahle attributable to the use of
C08:; funds. SUbrecipient agrees that any real property un:ier its control,
which was acquired or iltproved, in whole or in part, with C08:; funds in
excess of $500.00 shall either, (i) be used to meet one (1) of the three (3)
national objectives as set forth in 24 CPR, Part 570.208 until five (5) years
after expiration of the Agreement or such period of ti:me as determined appro-
priate by the City, or; (ii) is disposed of in a marmer which results in the
City bein:] reill1bursed in the annmt 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 re:iJnbursement is not
required after the period of ti:me specified in "i" above.
17. Hold Harmless.
SUbrecipient agrees to Wemni.fy, save an:! hold hannless the City an:!
the Development Department an:! their employees an:! agents from all
liabilities an:! charges, expenses (including counsel fees), suits or losses,
however occurrin:], or damages, arisin:] or grOW"in:] out of the use of or
receipt of funds paid un:ier this Agreement an:! all operations un:ier this
Agreement. Payments un:ier this Agreement are made with the un:ierstan:lin:
that the City an:! the Development DepartJnent are not involved in the
performance of sexvices or other activities of the SUbrecipient. SUbrecipient
an:! its employees an:! agents are indepen:lent contractors an:! not employees or
agents of City an:! the Development Department.
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1 18. ~t.
2 '!his Agreement may be amended or IOOClified only by written agreement
3 signed by both parties, arxi 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 c:c:mpel enforcement of any provision or provisions.
6 19. klsicmment.
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 writin] arxi delivered in
11 person or sent certified mail, postage prepaid, addressed as follows:
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kl to City:
kl to SUbrecipient:
Amador Savala, C1ainnan
MeadcMbrook Amateur Boxin:J
1126 West ConJress street
San Bernardino, Calif. 92410
Executive Director
Develc.pnent Deparbnent
City Hall, Fifth Floor
300 North "0" street
San Bernardino, Calif. 92418
21. Evidence of Authoritv.
SUbrecipient shall provide to City evidence in the form of a
certified copy of minutes of the governin]1:xxiy of SUbrecipient, or other
adequate proof, that this Agreement has been approved in all its detail by
the governin]1:xxiy of the SUbrecipient, that the person(s) executin] it are
authorized to act on behalf of SUbrecipient, arxi that this Agreement is a
binclin;J obligation on SUbrecipient.
22. Certification of klsurance.
SUbrecipient shall ClCSlply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully
set forth at length arxi made a part of this Agreement by execution of all
certifications arxi assurances of the COB;; program.
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1 certifications and assurances of the COB:; program.
2 23. Entire 1II:JreeInent.
3 'Ibis 1\greement and any document or instrument attached hereto or
4 referred to herein integrates all terms and con:J.itions mentioned herein or
5 incidental hereto, and supersedes all negotiations and prior writin;J in
6 respect to the subject matter hereof. In the event of =nflict between the
7 terms, con:J.itions or provisions of this 1\greement, and any such document or
8 instrument, the terms and con:J.itions of this 1\greement shall prevail.
9 24. No Third Partv Beneficiaries.
10 No third party shall be deemed to have any rights hereurrler against
11 any of the parties hereto as a result of this 1\greement.
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 1IGREEMENT Bm'WEEN CITY AND
Mm\IlOWBROOK l\!mTElJR BCIXIlG 1\CADEMY
1
2 IN WI'INESS WHEREDF, the parties hereto have executed this Agreement on
3 the day an:i 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
A'rl'EST:
CITY OF Sl\N 1lERNlUlD; ,
./}..? 'Ii.....
/./
m::... / / /../..1.." ..../.
" 4i.RI HOLCX1m, MayOr
citi. of San Bernardino
~~~/
Awroved as to fom an:i
legal content:
SUBRECIPIENT
/7 Y1i ~_. ~
BY: l {j/ftf, '. ,,"-'Xl, ''--
. PreSident
BY~~~
Secreta1y
JAMES F. PENMAN,
city Attorney
BY:~~~
./
lab:4423
Rev. 6/11/91
-14-
CDBa PROPOSAL APPLICATIO.
n 1991-/1992
Drn<bU:
~..
~An
.~.
Proposal No. ,~
Date Recv'dl ~
j
CITY OF SAN BERNARDINO
COKl\ONITY DEVELOPMENT DEPARTME~'l'
Total Amount Requestedl $-.L5;...1200. JO
Answer all questions which are applicable to your project as
specifically as possible and attach the required documentation.
I. General Information
Name of Organization: AIE.F!"tlWBf(~()k ~/J1fifLjlL'f
~~ 1!;.f'./7FA?Y IN/.
Address: 112~ jt/. C ~ .
-~;f'#/PRP/A/4 c'A
Zip Code: 92'JH'C) Telephone Number: (~) 8;j'f}-(f{,~'1
Contact Person: /f /If J'f.,!)/J ,u. VAL A
Title: C'hi"t//A MAN
Federal 1.0. NUmber/Social Security Number (non-profit
corporation) : 1s- -38 S7" Sc)!
II. proiect Description (Check applicable cateqorv)
Real Property Acquisition
Capital Equipment Acquisition
Planning/Studies
Public Facilities
(construction)
~ Public Services
Rehabilitation/Pre-
servation
other (if checked,
explain below)
other:
a) Name of Project: ~~~A/~~~:f -4R/A;/E//A"
Location of Project: 1'79 otJ/./r# h'LLEA/ ,)7.
.")'/lA/ 8~//I//J.e.;9/AM, LA'
Census Tract(s) and/or Block Group(s): . /VA
Historic Preservation: Is there any known archaelogi-
calor historical significance of the structure, site
or area within one-half (1/2) mile from project site?
If so, explain: /VA
b) Provide a detailed description of the proposed project
by describing precisely what is to be accomplished with
the requested funds. (Attached additional sheets, if
~i~;;[~~~f~~~Jff~~~Z~~$f
~ Yt:tur//J rtJ Ct7,?h'EJC /N A'lf'E<I _ ;zJ1'5n/C;r, If>e~/LfA/'''L/
~CC;/h~;(''1tJ~~;/9~~::~~/ffF~; ~
EXHIBIT "A"
aBJ POOFOOM. M'PLIC""'lCII
Devel~t DeparbD6.
Paqe -3-
v. ProPosed Proiect BImet (Please thrntete l\I:lDl1oable Items only)
a) Mrninistratioo
Salaries am FriIqe Benefits:
SUWlies:
Professional Services:
TraveljO:ll'lferemesjSeJninars:
utilities:
:rnsuraroe:
Office Equipnent:
other:
$ /,g~I/, ("/
$ ",-7' /IV: .t"CJ
$ I {:{.-(j, ('()
$ I {? ('/7J . t'J ()
$'
$ /!j(}C, CO
$
$
$
$
$
$
$
$
. /5;0(/0, tf(,!
lan:l ~itioo am
b) CcI'lstructioo
c) Erl:]ineeriIq am Design
d) I..an:i Aoquisitioo
e) Pl~ Activities
f) Rehabilitatioo Activities
g) other:
Total Project COst:
(For OCl'lStructioo, en:Jineer~ am design,
rehabilitatioo activities ally.)
Estimator:
Estimator's QJalificatia'lS:
h) ldentifv other fun:lin::J soorces: Identify cxmnitments or ~lica-
tia'lS for fun:ls frcm other soorces to bplement this activity. If
other fun:ls have been ~roved, attach evideooe of cxmnitment.
Source of FI.m&J
F\mi'li1V7 ~
Dats Available
$
$
$
i) Was this project previcusly f\Jrded with em:; fun:ls? YesL No_
If YES, iniicate the year(s) in which cm:; fun:ls were received
am,the ~ entity: ~ ~7-Jf:/'!~S
<::./.3' ':1.3<1-1'1 15pXC'H/7 "'e-~-" ;.y't- ,Ji/oe/-~O'M?./_HI
~e~f&t '
j) If yw have never received coo:; f'urxiin;J, provide evideooe of arrj
previcus eJqX!rienoe with other federally f\Jrded ~~and (use
aalltional sheets if moessary):
EXHIBIT "B"
DEVEIDIMENT IEl'ARD!ENl' OF THE
CITY OF SAN BERNARDIN:>
OOMMUNITY DEVEIDIMENT BWCK GRAN!'
m:lGRAM ~
for
SUBRECrPIENl'S
1. SUPPlemental Infonnation for SUbrecipient
As a successful awlicant of the City of San Bernardino FY 1991/1992
Community Development Block Grant (a:B:;) Program, you are not only
agree~ to provide the services as stated in your awlication, but also
to abide by the CDoo Program requirements and responsibilities. To
further assist you in unierstancii.n3' said requirements and responsibili-
ties, the follow~ summaries and attachments have been prepared to
introduce to or update you on each item. Additionally, this
instIuctional package will reauire yaIr gov~ body designated
official to read and sign his/her signature as part of the CDoo
agreement.
2. Monthl v Reauest for Reimbursement
Deadline: Due the fifth (5th) day after end of each calendar month
unless otherwise stated in the CDBG agreement.
Include the follow~:
a) One (1) canpleted Request for Re.llnbursement form.
b) One (1) copy of all checks issued that are be~ rellnbursed.
c) One (1) copy of all bills/receipts that SUWOrt check(s) issued.
d) One (1) copy of all payroll check(s) that are be~ reiJnbursed.
e) One (1) copy of all check stubs, account~ ledgers, aOOjor other
d=umentation that reflect gross salary and all deductions for each
check(s) issued.
f) One (1) page narrative describ~ activities uniertaken dur~ the
month included for reilnburserrent.
In response to its part of each agIeelOOl'lt, 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 canply with
the terms and conditions of the moo agreement. (Generally, invoices are
processed within ten (10) days of receipt of same.) '!he City reserves
the right to defer process~ of invoices and withhold payments until all
required reports, statements, aOOjor certificates have been submitted
and, where necessary, awroved.
lab: 3025
Rev. 6/11/91
-1-
CDBG PR:lGlU\M ~UIREMENl'S
Fiscal Year 1991/1992
EXHIBIT "e"
g) All accountirq records ani evidence pertai.nin:J to all costs of each
subrecipient ani all documents related to the COB:; agreement shall be
retained ani available for three (3) years fo11owirq the CClllpletion
of the furxied program.
h) Each subrecipient agrees to allow the City of San Bernardino
Community Development Deparbnent to audit the furxied program as part
of its annual audit of all COB:; funds pursuant to federal regulations
set forth in Title 24 of the Code of Federal Regulations.
3. RePorts/RePOrtinq ReclUirenents and Reoords/Reoord KeE!Pinq ReclUirenents
While staff realizes that report writirq ani record-keepirq are not the
most desirable aspects of any program, it is one vehicle that provides a
measure of progrdln progress ani aCCClllplishrnents. '!hus, all subrecipients
participatirq in the COB:; Program are reauired to provide the city of
San Bernardino Development Deparbnent with written reports of its
activities on or before the tenth (10th) day of October, January, April
ani July of any given program year for the previous three (3) IroIlth
period in addition to a final report when the agreement tenninates. All
reports shall include infonnation on program activities, aCCClllplishrnents,
new program infonnation ani current program statistics on experrlitures,
case loads ani activities of the reportirq period.
Each subrecipient is also required to maintain monthly records of all
ethnic ani racial statistics of persons ani families assisted by its
program(s). '!his monthly record shall include data on the number of low
ani lIIOderate income persons ani households assisted, (as detennined by
federal income lillli.ts), number of female-headed households, ani number of
senior citizens assisted. As mentioned earlier, each subrecipient is
required to keep all accountirq records ani evidence pertai.nin:J to all
costs for three (3) years fo11owirq CClllpletion of the furxied program.
4. ouarterlv RePorts
Deadlines: October 10 - for period covering July 1, to September 30, of
Pl.VYLGIll year.
January 10 - for period covering october 1, to Dee-hAt' 31,
of P1.VYLGIll year.
April 10 -- for period covering January 1, to March 31, of
P1.'09LGIll year.
July 10 -- for period covering April 1 to June 30, of P!:UI,jLGIll
year.
Include the fo11owirq:
a) One (1) CClllpleted Activity Report (form number 802) .
b) One (1) competed Direct Benefit Report (form number 045 (a) .
lab: 3025
:Rev. 6/11/91
-2-
CDBG PIDGlU\M REQUIREMENl'S
Fiscal Year 1991/1992
c) One (1) cc:mpleted Contract ani SUbcontract lIctivity Report (foDII (lolB
2506-006) . (For construction projects only.)
It is the responsibility of the subrecipient to prepare ani sul::mtit the
required reports by the above stated deadlines in order to keep City
staff informed of any c.han3"es to the furrled program(s) .
5. ProcIram Mom toriM
One of the City's responsibilities is to rronitor each subrecipient at
least once a year. Not only are the ll'Onitoring visits interxied to ensure
each agency's continued cc:mpliance with COB:; requirements, but also serve
as an opportunity for City staff to became ll'Ore knc:Jwledgeable of each
agency's program(s). The ll'Onitoring visits also serve as an opportunity
to provide infonnation to other city staff, the Mayor ani C'amrOn eooncil
ani other interested persons.
Listed below is typical infonnation city staff will be seeking,
observations that might be made, ani items we IIBY wish to review:
a) The aOCClllplishment(s) of the plUl:jLam(s) to date.
b) Whether or not program objectives are being met.
c) 'lhat the interned client group is being served.
d) The number of people on staff.
e) The existence anillBintenance of client files.
f) Assistance city staff can provide.
In addition to ll'Onitoring each agency once a year, the City of San
Bernardino Developnent 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 COB:; funis pursuant to Federal Regulations.
Although the teDlIs ''ll'Dnitor:lnt' ani "audit" IIBY a~ somewhat
foDllidable, please be assured that your agency will be notified in
advance of any request for a rronitoring visit. Also, please be advised
that representatives fran HUD ll'Onitor the COB:; program every year. D.lring
HUD visit(s), they IIBY wish to rronitor one (1) or ll'Ore of the City's
subrecipients. If your agency should be selected, you will be notified in
advance in order to arrarge a IllUtually convenient tboo.
6. PLOCIram Budclet
Another required element of your COB:; agreement with the city is the
program budget. Please su1::ani.t an updated line item budget reflecting
your approved COB:; allocation. Also, include a ccpy of your overall
program budget with a summa:ry of your furrli.rq source(s) ani the total
agency budget. The COB:; portion of your total program or agency budget
should be identifiable.
In past years, several agencies have raised questions regardi.rq minor
budget ll'Odifications or adjustJnents. staff realizes that the awroved
budget IIBY require minor adjustJnents during the life of the program ani
request that you discuss proposed changes with Developnent Deparbnent
staff.
lab: 3025
Rev. 6/11/91
-3-
CDBG Pl<OGRAM REQUIREMENl'S
Fiscal Year 1991/1992
Again, please be remirxied that capital or non-eJ<pe!'rlable equipnent is not
to be purchased with CDEG furrls. If you need to acquire such equipnent,
please discuss it with Deve10prrent DepartJnent staff.
7. Purchase of Personal ProPertv or EclUianent (Read Section "13" of the COW
1\QreemeIlt
All tangible personal property having a useful life of !lOre than one (1)
year an:i an acquisition cost of three hUOOre::i dollars ($300.00) or !lOre
per unit shall be subject to the requirements of the Property Management
Starxiards specified in 24 CFR, Part 85.32, "Comrri:m Rule".
8. Procedures
a) All equipment an:i property purchased in a=rdan::e with the above
starxiards shall be identified as "Federal Property-HUO", (include
your internal Identification Number). Identification may be achieved
by tagging or en:Jraving the property or by arrj method that will
result in property Identification Number being TJeI'lllaJ1eI1tlY affixed.
b) Maintain a separate record of all such equipment an:i property.
Infonnation shall include:
-Name/Description
-Serial Number
-Identification Number
-Date Purchased
-Purchase Price
-condition (Le., excellent/good/fair/poor)
-Qlaracteristics (i,e., color/features, etc.)
-~ysica1 Location (Le., address/office/roam, etc.)
/
0) SUbmit an inventory listing to the city of san llemardino Deve10prrent
Deparbnent each year endin::r June 30. Said listing is to be su!:lnitted
by July 10 follCMing the end of the year. '!he list should include all
the infonnation listed urrler item "b" above.
d) A written request must be submitted to the city of San Bernardino
Deve1c:pnent Department for arrj approved ~ that are not in the
originally approved budget (see agreement). Written authorization
must be obtained from the Developrrent Department by subrecipient
prior to the p..1rchase of arrj equipnent, 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 CDEG furrls. It is also the
responsibility of the subrecipient to identify all purchased
equipnent an:i property with tags or en;JrClving, ani to supply same.
9. Fiscal Acoountincr and Audit Documentation
'!he City of San Bernardino Deve10prrent Department requires each agency to
observe an:i comply with all a=unting roles an:i audit procedures as set
lab: 3025
Rev. 6/11/91
-4-
CDBG PROGRAM ~
Fiscal Year 1991/1992
forth in the CDoo agreelle!lt. '!he fo11owi.n;J is a brief description of the
IOClSt prominent requirements:
a) As a participant in the City of San Bernardino CDoo Program, each
subrecipient agrees to keep all furrls received fran the city seoarate
fran any other sources of furrli.rq.
b) Each subrecipient also agrees to keep records of all furrls received
fran the city of San Bernardino in accordance with the procedures set
forth in the "Agreement Acco\mti.n;J an:i Administrative Han::lbook". A
COf1i of the HarrlJ:x:x:>k is attached.
10. Certification and Assurance
Attached is a copy of the Certification an:i Assurance fom to be prepared
an:i signed by the designated gove.mi.n;J official(s) of the subrecipient
agency. 'Ibis document is to be attached to the CDoo agreelle!lt an:i shall
becarre part of the gove.mi.n;J requirements.
lab: 3025
Rev. 6/11/91
-5-
CDOO lmGlWI Im;lUIREMENl'S
Fiscal Year 1991/1992