HomeMy WebLinkAbout1991-292
RESOLUTION NUMBER 91-292
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RESOLUTION OF THE M1.YOR AND CXHIJN ~L OF THE CITY OF SAN BERNMDIID
AUTllDRIZnG AND D.u<a.:nllG THE EXECllTION OF A cnooJNITY DEVEIDHmm' BIDCK GRl\Nl'
FUNDnG 1\GREEMENl' ........."""'" THE CITY OF SAN BERNMDIID AND PROJECT lDm RIlN,
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BE IT RESOLVED BY THE MAYOR AND CXHIJN OOUH::IL OF THE CITY OF SAN
BERNMDIN) 1\8 FOLIDliS:
section 1.
(a) 'lhe Mayor of the city of San Eemardino is hereby authorized am
directed to execute, on behalf of the city, an agreement for Community
Developtel'lt Block Grant f1.1rxiin;J with PROJECI' HGIE RIlN. mc.. which agreement
is attached hereto as Exhibit "1", am is incorporated herein by reference as
though fully set forth at l~. 'lhe agreement provides for the granting of
Community Developtel'lt Block Grant fun:is in the following amount of $20.000.00.
section 2.
(a) 'lhe authorizations to execute the above referenced agreement is res-
ciIrled 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 am 0:llIulv:m Council of the city of San Eemardino at a regular
meeting thereof, held on the 1st day of July
vote, to wit:
1991 by the following
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RESOLUTION OF THE CITY OF Sl\N BERNl\RDIID AUTllDRIZIHl THE EXECllTION
OF A CDBG llGREEMEN1' BETWEEN CITY AND Pln1ECT 10m RUN, IK:.
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council MeInbers
!lAYS
ABST1\IN
AYES
ES'I'RAD.>>.
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REILLY
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HERNANDEZ
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MAUOOIEY
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MINOR
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roPE-llJDlAM
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MILlER
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() J ,11".. ~ .
" ./,.lG/'uLx'...-' ...v LAw--.~,-'''''~ //
, city Clerk :"
'!he foregollg Resolution is hereby approved this 5th day of
1991.
July
19 Approved as to form ani
legal content:
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J1\MES F. l'ENImN,
City Attorney
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Res. 91-292
~gBIIHIIJI
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'lHIS AGREEMEm' is entered into effective as of this clay of
, 1991, at San Bernardino, california, between ~ CITY OF SAN
BERNARDnI:l, a m.micipal """'-~C1ticn, referred to as "city", and PROJECT HCME
:RUN. INC.. a r....~v.fit rYWIII'lII11'\ity service oxganizaticn, referred to as
"SUbrecipient". city and SUbrecipient agree as follows:
1. R....... tals.
(a) SUbrecipient has requested f:inarcla1 assistance !ran city for
the envhvulut:lJtal responsibilities of the Grantee as described .in 24 CFR,
Part 570.604, and; (ii) the SUbrecipient does net .."'$I..... the Grantee's
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EXBlBIT "1"
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responsibilities for initiatin:;J the review process under ExeaItive Order
Number 12372.
(e) SUbrecipient will a:mply with the requixements Be!: forth in the
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uniform Relocation Assistance am Real Property Acquisition Policy Act of
1970, as BDJen:B:l, (URA), 49 CFR, Part 24 in acx::ordanoe with federal
regulations when attemptin;J to or aoquiriIq any b.1ildin; or paroel of lam.
SUbrecipient will be required to c:Ctain written ~ fran the Executive
Director of the Develc.poent Department prior to any activity tak:in; place
within the oanfines of ORA 49 CFR, Part 24, as BDJen:B:l.
2. Pavments.
City shall reimb.Irse SUbrecipient for allClW8ble costs incmred \ll'Der
the &eq:le of this lll:jL........../t and applicable Federal regulations, whidl have
not been paid for or rebobursed in any other manner by any other JIqercy or
private source of fundin;;. Reimb.1rsement will be made at least on a monthly
basis, with the total of all such rei:ah1rsements not to ~ $20.000.00.
3. ~
'lhis Ai:!L..........'t shall ('......Aloe Julv 1. 1991. am terminate June 30,
1992.
4. Use of Funds: JlI.-: Travel T.~...~tatian.
(a) '!he funds paid to SUbrecipient shall be used by it solely for
the pnp::ses set forth in ~ 1(b) of this ~"""""IL, and in accorclanoe
with the l'L"'::lLQW t:A.ldget sutmitted by SUbrecipient to the City of San Bernar-
dioo I'hmm"lity Devel'+"""'/t Department, a CXlpy of whidl is attad1ed to this
Ai:!L...........t as Exhibit "B". 'lhis t:A.Idget shall list all sources of fundin;; for
the pt"':jLQW CXlIIered by this Agreement, whether fran state, Federal, local or
private sources, and shall identify whidl sources are payiIq for which speci-
fic portions of the pl.()yLQW, by line-item, to the extent practicable.
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, m, _,'. (br'No LLavtU '"",*"",_ S" fcruuL-vf-..l..a:LE-trave]; shall be in::1\Ded in
this pl:"'":!LCWl unless specifically listed in the bJdget as sul:mi.tted an:i ap-
proved, an:i all travel expenses to be flm:1ed frail fun:1s provided hereumer
shall be specifically identified as travel expense, wdl shall be negotiated
between the City of san Bernardino Developnent Department an:i SUbrecipient in
the J::u:lget. Arrj travel expenses .inc=red by SUbrecipient above the J:m;Jeted
lIIID.lnt or for out-of-state travel shall net be eligible for rei.JnaJrsement
unless the prior written apprcva.l of the Executive Director of Devel"lAue./L
Department of the City of san Bernardino, or designee, has been obtained.
(e) P\Irrjs shall be used for pnpcEleB authorized by the ChnmI"lity
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DevelU}o&UCld. Block Grant PL"':ILCWl only, an:i no portion of the fun:1s granted
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hereby shall be used for any p.zrpose net specifically authorized by this
A:!u'c......lL.
(d) Only net payroll shall be peri.odi.cally rem:ursed by City as an
allowable cost. Arrj mocunt:s withheld by SUbrecipient fran an E!IIillayee I s pay
for taxes, SOC'iJo, security, or ather withholdin;1 am net hnmMiJote1y paid
r:Ne:r to another entity, shall net be in::1\Ded as wages or expenses eligible
for reimJ::ursement as an allowable cost until such time as the withheld taxes,
soci.., security, or other withholdin3s are actually paid r:Ne:r to another
entity entitled to such payment. Upon such payment am the sl1!-oni""'ion of
evidence of such payment to the City of san Bernardino DevelU}o&UCl/L
DevelU}o&UClrt; Department, such EDlpE!l1Ses shall be regarded as an allowable cost,
an:i the City shall reinblrse SUbrecipient for such obligation.
(e) SUbrecipient shall be allowed, with the prior written ~
of the DevelU}o&UClrt; Department of the City of san Bemal:dino, to make cha!'IJes
to the bJdqet durin; the first three (3) quarters of the fiscal year, so Ion:!"
as SUbrecipient is in ClC:Ilpliance with Section "2" of this A:!L"""""",rt; at the
time of sl1!-oni R$ion of the bIxlget lIIJdification request. A variation in the
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1 i~'""';".ation of costs, as set forth in the ~",!:"-"6ed I:u:lqet sul:mitted to City,
2 not to ~ ten percent (10%) as to any particular line item, shall be
3 allowed, provided that the prior written apprcval of the ~ve Director
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4 of the Devel~.t Devel~.t of the City of San llemardino is ctltained, it
5 bein;J urxlerstood that the total lmDlI'1t of the grant shall not be varied
6 thereby.
7 (f) '!he parties interx:J. that grant furxis be utilized within the time
8 period ccvered by this A:i"""""""'IL, and entitlement to any furxis not expen:led
9 or obligated shall revert to the City. No reserve for the future shall be
10 - established with the furxis """'"""t'L as may be authorized to meet oamnit:ments
11 made for &e%Vioes provided c:h.1rin; the period of this A:i.."""""",.t, b.1t not yet
12 paid for at the canclusion of this Ag1:...........,t.
13 (q) SUbreci.pient shall remain in CXlIIpliance with all state, federal
14 and local laws prior to the receipt of any reimbursement hereumer. '!his
15 includes, b.1t is not limited to, all laws and regulatiCll'lS relative to the
16 fonn of organization, local b.1siness licenses and any laws and regulatiCll'lS
17 specific to the b.1siness and activity curled cut by SUbrecipient. ReiJnburse-
18 ment shall not be made to SUbrecipient which is not operatinq in CXlIIpliance
19 with all ~ic8b1e laws. Rebnbursement:s may be subsequentl.y paid, at the
20 discretion of the Exea1tive Director of the Devel~IL Department for
21 rei:mJ::ursemen costs incurred durinq the period when CXlIIpliance is achievEd
22 before expiIation of this ~"""""",lt..
23 5. l\ccoImt:iftn': Audit.
24 (a) Prior to the final payment under this l\gl~IL, and at such
25 ether tiJIIes as may be requested by the Exea1tive Director of the Devel'+l.....t
26 Department of the City of San llemardino, SUbrecipient shall sul:mit to the
27 Director an ac:lCO.1l'ltinq of the }n.~ and actual expermtures of all
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(e) standards far finan=ia1 management systems am finan=ial Ll:,~rt-
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in; requi%ements established by 24 CFR, Parts 85.20 am 85.22 shall be fully
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caoplied with by SUbrecipient. SUbrecipient ackncwleci3es that the fun:is
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provided are federal fun:is.
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(d) SUbrecipient's finan=ia1 management system shall provide far
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accurate, a.........tt am caoplete disclosure of the finan=ial results of each
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~~..c:uu sponsored by this b"...........IL. It is the responsibility of SUbreci-
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pient to adequately safeguard all assets of the ~u9"c:uu, am SUbrecipient
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shall assure that they are used solely far authorized pmp:ses.
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reve1'1I8S. fl:aIl..whatever-source ac:cntin; to the oz:ganization far the fiscal
year en:ii.n; June 30, 1992.
(b) Finan=ial records shall be maintained by SUbrecipient in accord-
ance with Generally Accepted Acxxlunti.n; Principles, an:l. i11 a liianner wc::h
pemi.ts City to trace the expenditures of fun:is to source rlIY"J""""'ltation. All
l:Jooks an:l. recxn:cls of SUbrecipient are to be kept c:pm far inspect!at at any
time durin; the l:usiness day by the City, its officers ar agents, an:l. by any
""'to"-:S _ILative of the United states of America authorized to au:iit <'Y'OI!IIII11'li.ty
devel...~..""",L block grant pl""Y.........
6. Services Available to Residents: Monitorina and ReDortina P...............
Perf 0--.
'!he services of SUbrecipient shall be made available to residents am
inhabitants of the City of San Bernardino unless otherwise noted in Exhibit
"A". No person shall be denied service because of race, colar, national ari-
gin, creed, sex, marital status, ar JilYsical haniicap. SUbrecipient shall
caoply with Affinoative Action guidelines in its enployment practices. SUbre-
eipient shall also m:mi.tar the pl~am's activities am subnit written re-
ports quarterly, ar more often if requested, to the Exeo.1tive Director of the
Devel...p"""tt Department of the City of San Bernardino, in accordance with 24
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1 CPR, Part 85.41(c) (d) and Part 85.21. Failure to provide such quarterly
2 perfCll:1llal1Oe reports may prevent the prooessiIg by City of SUbrecipient I s
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requests for reimJrsement, and may justify ten'porary withhol~ as provided
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for in ParagraJ:h "ll" hereof. City reseIVeS the right to waive such breach,
5 witha.1t prejudice to any ather of its rights hereunder, upon a findiIg by the
6 Exec:uti.ve Director of the Devel~1t Department that such failure was due to
7 extraordinaJ:y circumstances and that such breach has been timely cured
8 witha.1t prejudice to the City.
9 7. Procurement Practices: Conflict of Interest.
10 - SUbrecipient shall ~ly with procurement ~. -oMt'T'ElS and guidelines
11 established by 24 CPR, Part 85.36(d) (1), SUbrecipient "Proalrement
12 standards". In aciliticn to the specific requirements of 24 CFR, Part 85,
13 SUbrecipient shall maintain a code or st.arK:lards of can:hIct which shall govern
14 the perfCll:1llal1Oe of its officers, employees or agents in ~ with an:i
15 expeniliq the federal gIant funjs made available to SUI:lrecipient under this
16 ~.............jL. SUbrecipient's officers, employees or agents shall neither. solicit
17 nor accept gratuities, favors, or anythin;J of IIICIlleta%y value !ran 00l1tract0rs
18 or potential ccntractors. To the extent I"',.",iBBflble by state law, roles, an:i
19 regulatia1S, the st.arK:lards adopted by SUI:lrecipient shall provide for
20 penalties, sanctia1S or other disciplina%y actiClllS to be ~1ied for
21 violatiClllS of such st.arK:lards by either the SUbrecipient's officers, employees
22 or agents, or by ccntractors or their agents. SUI:lrecipient shall provide a
23 copy of the code or stamards adopted to City forthwith. All procurement
24 transactions witha.1t regard to dollar value shall be can:hIcted in a manner so
25 as to provide ma....i",,,11l open and free ~ticn. 'lhe SUI:lrecipient shall be
26 alert to organizational ccnflicts of interest or nor~tive practices
27 lIIOCI1'J3' contractors which may restrict or eliminate ~ticn or ot:he1wise
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n..~a:i.n-1....A.. SUbrecipient- ay... to-"8dhere tI:r CXll1flict of interest
provisions set forth in 24 CPR Section 570.611 and to the procurement roles
specified in 24 em, Part 85.36, in its expen:iiture of all fUnds received
under this Ao,t.............tt.
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8. Anti-Kick Back Provisions: Eaual --lCMl1811t ODDorbmitv.
All CCII'1tracts for construction or repair usin;J fUnds prcvi.ded umer
this Ao,t.............,L shall include a provision for c:x:mplian::le with the n-p>'''nj
"Anti-Kick Back" 1Ict (18.U.S.C. 874) as ~ement:ed in Department of Labor
Regulations (29 CPR, Part 3). 'lhis 1Ict provides that each ccnt:ra.ctor or
Number 11246, lIS amended.
,. Prevai1iD:r Waae Rea"". -._.~L.
Any constructicn CCII'1tracts awardee! by SUbrecipient usin;J fums
provided under this Ao,t............./L in ~~ of $2,000.00 shall include a provi-
sicn for caDplian::le with the Davis-Bacxm 1Ict (40 U.S.C. 276(a) to 276 (a) (7))
and lIS ~ement:ed by Department of Labor Regulations (29 CPR). Unier this
1Ict, ......./l.....ctors shall be required to pay wages to laborers and mectlanics at
a rate not less than the minilII.m1 wages specified in a wage determination made
by the 5ecretal:y of Labor. In addition, .......,l.....ctors shall be required to pay
wages not less often than aooe a week. SUbrecipient shall place a copy of
the cw....dltt prevailin;J wage determination issued by the Department of Labor
in each solicitation and the award of a Cul/l.....ct shall be cc:nii.ticned upon
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1 the aooeptance of the wage detezmi.nation. SUbrecipient shall ...~t all sus-
2 pected or ...~te:i violations to City.
3 10. AcDroval of City of any Charaes: Use of P.o.............. 1'>>tYWlIA.
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4 (a) City hereby requires SUbrecipient to notify the City, in writ.in;,
5 of its intent to charge a fee for lIrr'f service, the provision of which is
6 assisted pursuant to this Ar".............Jt. City requires SUbrecipient to obtain
7 the prior written AP1JlvVal of City for any charges or fees to be charged by
8 SUbrecipient for such services, am of lIrr'f roles am regulations ~
9 the provision of services hereun:ier.
10 - (b) P.o...."........ incane .I.~ smits gross incane received by the
11 SUbrecipient directly generated fran the use of furxis provided hereunder.
12 SUCh eaJ:!lin;s include interest eazned on advances am may include, hIt will
13 oot be limited to, incane fran service fees, sale of 0 .m.. dities, usage am
14 rental fees for real or personal prqlE!rty usin3' the furxis provided by this
15 Ar".............Jt. As to such incane, it shall be first ~1ied to eligible ~..."...CUIl
16 activities, before requests for reim1::ursement am, in the use, shall be
17 S1.lbject to all ~1icable previsions of this Ar".............Jt. IncaIIe oot so
18 ~1ied shall be remitted to City. SUbrecipient shall remit all unspent
19 ~..."...CUIl incane to the City within thirty (30) days subsequent to the end of
20 the ~""""CUIl year (JUne 30, 1992).
21 11. '1'8DDorarv Withho1diJ1a.
22 '!he Executive Director of the Developoent Department of the City of
23 San Bernardino is authorized to t_,,'L <U.arily withhold the payment of fums to
24 SUbrecipient ~ the Director detemines that lIrr'f violation of this
25 Agreeluellt has ocx:urred. F'llnis shall be withheld W'Itil the violation is
26 coITeCted to the satisfaction of the Executive Director. SUbrecipient shall
27 have the right to ~ the decision of the Executive Director to the Mayor
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an:! 0.",,'" co.m::il. '!he sole grom:1s for such appeal shall be that no
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violation of the Agreement has ooc:mnd. SUbrecipient shall file such "'fP"'"
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within fifteen (15) days after such first withholcl.i.n;J. '!he Mayer an:! ChrmnrI
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co.m::il shall set a date for the hearin3" of such appeal wc:h- is within
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thirty (30) days followin;J the date of filin3".
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12. R800rds Retention.
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Financial records, support.iJ'J3' d"('l'""""lts, statistical ~.Js, an:i all
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ather I...........Js perta.in.irq to the use of the funds pI"OVided urDer this ~
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ment shall be retained by SUbrecipient for a period of three (3) years, at a
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miniIm.1m, an:! in the event of litigation, claim or au:ii.t, the n......u.ds shall be
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retained until all litigation, claims an:i au:ii.t fintiin;Js involvin3" the re-
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cords, have been fully resolved. ~.Js for ~le property acqui-
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red with federal funds pI"OVided urDer this A.i.............lt shall be retained for
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three (3) years after the final disposition of such property.
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13. PrcDertv ~t At-.."",..~.
Nan-experdable personal property, for the p.n:p:ses of this Agl...........lt,
is defined as tan;ible personal property, plrChased in whole or in part with
federal funds, wc:h has useful life of DXJre than one (1) year an:i an acqui-
sition cost of ane-thcusand dollars ($1,000.00) or DXJre per unit. Real
property means lmxl, inc1u:iinq lani iJDprcvements, structures ani ~
ances thereto, exclu:iinq mcvable mac:hinezy an:i equipuent. Nan-expelDable
personal property ani real property pu:dlased with or bJprcved by funds pr0-
vided urDer this A.i.............,t shall be subject to the property management stan-
dards set forth in 24 CPR, Part 85.32.
14. TeJ:mination for cause.
(a) City reserves the right to tel:minate this A.i.............lt in acoordance
with 24 CPR, Part 85.43, an:! any an:i all grants ani future payments urDer
this A.i.....emetlt, in whole or in part, at any time before the date of
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1 oaupletion of this A.:l.L~tt. whenever City determines that the SUbrecipient
2 has materially failed to CXIIply with the tenDs and oorr:litions of this
3 A.:l.L~IL. In the event seeks to terminate this A.:l.L~lL fo:: cause, City
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4 shall p..........,Lly notify the SUbrecipient in writin;J of the ....."1'JSed teImination
5 and the reasons therefore, together with the 1n-~ effective date. Subrec-
6 ipient shall be given an V1J1.'ULWnity to ~ before the Mayor and l'hlIrnnrt
7 O:lI.lncU at the time at web the Mayor and 0. .......... 0:lI.lncil are to consider
8 such:t"A0 .....-'lded termination, and shall be given a reasonable V1J1.'ULWnity to
9 sl'Iow cause \oIhy, if any exists, the Agreement should not be terminated for
10 - cause. Upon detennination I:Jy the Mayor and n ..... V1 O:lI.lncU that the oantract
11 should be teminated for cause, notice thereof, :In::1u:tin; reasons for the
12 cletel:m:ination, shall .....~Lly be mailed to the SUbrecipient, together with
13 information as to the effective date of the teminatial. SUch notice may be
14 given orally at that hearing. '!be detenninatial of the Mayor and n ..........
15 0:lI.lncil as to cause shall be final.
16 (b) In the event of any temination Wether for cause or for
17 convenience, SUbreciPient shall forthwith provide to the Devel'+"""lL Departm-
18 ent any and all nnc:,""'""Itation ~ad I:Jy the Devel,+"""lL DeparbDent to
19 establish a full NO..u.d of allllCllies received I:Jy SUbrecipient and to 0"""-
20 nt the uses of same.
21 15. Temination for Convenience.
22 City or SUbrecipient may teminate this Ag.L~lt in tmole or in part
23 provided I:x:rth parties agree that the continuation of the project wa1ld not
24 prcduoe beneficial results O""'-'JSUrate with further expeMiture of fums, In
25 such event, the parties shall agree upon the termination oorr:litions,
26 :In::1u:tin; the effective date and, in the case of partial teminations, the
27 portion to be terminated. '!he SUbrecipient shall not incur new obligations
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which was acquixed or inproyed, in whole or in part, with COB;; fun:ls in
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............'" of $500.00 shall either, (i) be used to meet one (1) of the three (3)
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national ctljectives as set forth in 24 CfR, Part 570.208 until five (5) years
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for the teJ:minate::l. portiorr..fl.= U...e!f""-,Uv",, date and shall cancel as many
outstan:iin;J cilligations as possible. City shall allow SUbrecipient full
credit for the City's share of the non-cancellable cilliqations cilliqations
properly ino.n:red by the SUbrec::ipient prior to teJ:minatioo.
16. Reversion of Assets.
SUbrec::ipient agrees that upon expiration of this Agl.........../t, the
SUbrecipient shall transfer to the City any and all COB;; fun:ls oot used at
the time of expiration and any aoocunts receivable attril:ut:able to the use of
COB;; fun:ls. SUbrec::ipient agrees that any real property unier its o.....L..vl,
after expiratioo of the A"............./t or such period of time as detennined ~
priate by the City, or; (il) is disposed of in a manner which results in the
City ~ reilnI:ursed in the am::unt of the ew....cuL fair market value of the
property less any portion thereof attril:ut:able to EDCperd!ture of, or
illprovement to, the property by SUbrecipient. SUch rehJbursement is oot
required after the period of time specified in "i" above.
17. Hold Jr......, esse
SUbrecipient agrees to indemnify, save and hold harmless the City and.
the Devel'"'1A""'iL Department and their E!qlloyees and agents !ran all
liabilities and charges, expenses (:inc1u:tin;J c:laJlISel fees), suits or losses,
however cx:x:urrin3", or damages, arisin; or growin;J wt of the use of or
receipt of fun:ls paid unier this A"..............L and all operations unier this
A/;!............./t. Payments unier this ~..........jL are made with the understanclin3"
that the City and the DevelI.l}o&""'iL Department are oot involved in the
perfomaooe of services or other activities of the SUbrecipient. SUbrec::ipient
and its E!qlloyees and agents are indeperxlent CXllltractors and oot E!qlloyees or
lab: 4433
Rev. 6/11/91
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1 agents of City and the DevelopDent DeparbDent.
2 18. .l\JDenltDent.
3 '!his Agreement may be amen::ied or m::xiified cnly by wri~ agl.=wo::llt
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4 signed by bath parties, and failure on the part of either party to enforce
5 any provision of this Agreement shall not be construed as a waiver of the
6 right to t'Y"Ol!p"l enfo.............nt of any provision or provisions.
7 19. Assicmment.
8 '!his Agreement shall not be assigned by SUbrecipient withaIt the
9 prior written consent of City.
10 - 20. Notices.
11 All notices herein required shall be in writing' and delivered in
12 person or sent certified mail, postage prepaid, addressed as follows:
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As to City:
Executive Director
Devel'"P"=',t Deparbnent
City Hall, Fifth Floor
300 North "0" SL......t
san Bernardino, calif. 92418
21. E'lidence of Authoritv.
SUbrecipient shall provide to City evi.clence in the fom. of a
As to SUbrecipient:
BillRm, Executive Director
Project HaDe Rm, Inc.
150 East Olive SL.=t
Colton, calif. 92324
certified ocpy of minutes of the gcveminq body of SUbrecipient, or other
adequate proof, that this J\o,jL...........,t has been cq:prcyed in all its detai1by
the governing body of the SUbrecipient, that the person(s) exec:utin;r it are
authorized to act on behalf of SUbrecipient, and that this Agreement is a
bimin;r obligation on SUbrecipient.
22. certification of Assurance.
SUbrecipient shall CCIlilly with the PI"'::ILCWl :requirements attached
hereto as Exhibit "e", which are incorporated by reference as thaJgh fully
set forth at len;th and made a part of this J\o,jL...........d. by execution of all
lab: 4433
Rev. 6/11/91
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1 certifications an:i assurances of the COB:; !JL'-":l.LCUII.
2 23. Entire hrreement.
3 'Ihi.s A,t.L.........lt an:i any ~""""lt or instrument a~ hereto or
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4 referred to herein integrates all tems an:i conditions mentioned herein or
5 incidental hereto, an:i supersedes all negotiations an:i prior writin3' in
6 respect to the subject mtter hereof. In the event of ccnflict between the
7 terms, conditions or previsions of this A,t.L.........it, an:i any such OrY"l""""Tt or
8 instrument, the tems an:i conditions of this A,t.L............-rt shall prevail.
9 24. No Third Partv Beneficiaries.
10 - No third party shall be n......-l to have any rights here\.trrjer against
11 any of the parties hereto as a result of this Agl.........lt.
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lab: 4433
Rev. 6/ll/91
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n 1991/1992 alBG llGREEMENl' .....I.w""'"'" CITY AND
PRl1EC'l' &::1m RON, IN::.
IN WI'INESS WHEREDF, the parties hereto have executed this Agreement on
the day and year first hereinabove written.
.
AT'l'EST:
CITY OF 8M BERNARDIN:>
BY:
CITY ClERK
W. R. H:)I.CX:foIB, Mayor
City of san Bernardino
1:i~~J.Zil'll'
1] Aw=ved as to fom and
legal oontent:
13 JAMES F. PmM1IN,
City Attomey
BY: MAz$t~
t/
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BY:
President
BY:
SecretaIy
ATTACHl1ENT A
SCOPE OF SERVICES
a:ecJ~.IPPLI~ .
n 19U/l"2
~ is l~ C7~/ll--
. 291991 ~'
tEVELODIENl' EEPNmI!2r1' ~ ...,
crrY aI aM IIERNJWlDDD
wrAL >>DJNr R!J;2OEST!DI . 20. 000
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Answer all questJ.ODS which are 8ppl1cahle to your project as IIp80ifically
as possible and attach the required .........~tatico.
I. General Info"""tico
Name of Ot1;IanizatiCl1: PROJECT HOME RUN
hih'ess:
150 E. Olive St. Colton
Zip O:lde: 92324 'I'elepx.18 NuDber: ( 714 I 370-0800
Q:ntact Persal: Bill Ruh
Title: Executive Director
Federal ldentificatiCl1 Number/SOCial Bea1rlty ~ (narnufit
~tiCl1):33-0371872 (California Corp # 164757 )
II. Proiect DescrlM:ico fChec1t ADDl1cable ~.........-
_ Real Prqlerty AcquisitiCl1
_ Capital Fq1ipaent AcquisitiCl1
_ Plann1n:l/Sb.lllles
_ Rmlic Facilities (Q:I'lstzuctiCl1)
x Public Services
- lWlabilltatiavPreser-
- VlItim
_ other (if cbeclt, a-
plain in IIpl108 be1C1W)
other:
a) Name of Prcject: PROJEC'C HOME RUt-:
LocatiCl1 of Prcject: lolithin the boundaries of the 1st and
3rd Councilmanic Wards.
CenIIRI8 Tract(s) ~ar Bloclc Grcq)(s) I Lots l/ ~ LIS JHOCK An Daley
Tnl~t,;~5 lots... West of~Mt. 'lernontdt!. or Lna. ~outh or 3rd.
~~u5MYIi~ ~~1~ogical a-:
historical significance of the strucbn.e, site CI:' ares within
cnHlalf (112) lIlile traa project site? If 80, ~,..hl: No
h)
be
EXHIBIT "A"
a::ea ntJl<l6AL APPLI~ .
D8'1al.......-.t. ~ t
P8qe -)-
ATTACHMENT B
v. P~V"....9ecS Pro1eot 1l'........... CPl...." n-..r.'ete ~U...t.'. It- ~'Y)
salaries and Fr~ Benefits: $
SUpplies: $
ProfessiCl'lal 5eIvioes: $
Travel/O:nfelel.oe&/Seminars: $
ut:.1lities: $
Insurance: $
Office ~: $
~: RFNT _ OFFTr.F $ 0,000
b) O:rlsttuctiat $
c) Erqineer1n; and Design $
d) Ian:1 ~itiat $
e) PJ.ann1n; Activities $
- f) Rehab1litatim Activities $
q) ~: $
Total Ptojeot Q:lstl . 2 0 , 000
(For CXI'lSt:rucI:iat, en:Jineer1n; and design, land ""'l'ldtiat and
rehabi1itat.iCl1 activities CI1l.y.)
a) 1Idmin1stratim
EstJmtar:
EstiJaatar'. oal1ficaticna:
1(},600
1,400
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;00
500
, nnn
h) Ident1tv other i'I1""!"" .........-: Identify CXIIIIIitlllents ar /lRll1ca-
ticna far furds frail other scuroes to DplEllll1l1l: this activity. If
ather tllms have been ~, attach evidence of CXIIIIIitment.
$ 3,200
$3u. ~bU
$
1) was this project previo.Isly f\nSed with em:; turds? Yes X No
It YFS, indicate the year(.) in mic:b em:; turds were reo~lved-
and the grant.j..n; entity: 19 g 9 -1 990 ~ 13 . 291
Source eof 1PUn&o
Catholic Charities
St. Bernardines Hosp
J'ImI'Ii.... JIimoImt
Il!lte J\vIti, llJ)le
At present
At present
j) It you have I'Il!Yel' received em:; fIniinq, provide evidence of any
prev1CllS Dper1eooe with other tecSenlly f\nSed ....~...... (use
additiCl'lal sheets if r--nty) I
EXHIBIT "B"
IlEVmDR-lEm' DEPAR:IMEN1' OF 'DIE
CITY OF S1IN BERNMDIN:>
cnlMUNnY DEVELDl'MENl' BLOClt GIWfl'
PR:lGRAM ~
for
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SUBRECIPIENl'S
1. SUDDlemental Infomation for SUbreciDient
As a E"''''Cessful applicant of the City of San Bernardino FY 1991/1992
Camnunity Developnent Block Grant (CIlEG) P"''''Ylalll, ycu are not only
agreein; to provide the services as stated in yoJr applicatial, hIt also
to abide by the CIlEG Pi."'Y.<am requiIements and responsibilities. To
further assist ycu in und~ said requirements and Iespansibili-
ties, the followin; summaries and atta~ have been prepared to
intrcduoe to or update ycu al each item. Additialally, this
instzuctialal package will reauire yoJr gOlTemin; body designated
official to read and sign hisfher signature as part of the CDBO
a",...=,.ent.
2. Monthl v Reauest for Reimbursement
Deadline: Due the fifth (5th) day after end of each c:alendar month
unless otheIwi.se stated in the CDBG agz_Dent.
Include the followm;:
a) One (1) c:::atpleted Request for ReiJnbJrsement form.
b) One (1) CXlpy of All checks issued that are hein; reiJnbursed.
c) One (1) CXlpy of all bills/receipts that ~ check(s) issued.
d) One (1) CXlpy of All payroll check(s) that are hein; reiJnbursed.
e) One (1) CXlpy of all check stubs, a~ ledgers, arx3,Ior other
doa.mIentatial that reflect gross salary and all deductions for each
check(s) issued.
f) One (1) page nanative describin; activities undertaken durin; the
m:mth included for reiJnbJrsement.
In response to its part of each a':j...=-i1t, the City agrees to pay all
imroices within thirty (30) days after it receives the imroioe provided
the City is satisfied all expenses have been i.rn1rred within the SCXlpe of
the executed agreement and that the subrecipient continues to c:::atply with
the terms and corxiitions of the COB:; agreement. (Generally, imroices are
processed within ten (10) days of receipt of same.) 1he City resezves
the right to defer processin; of imrDices and withhold payments until all
required reports, statements, arx3,Ior certificates have been sul:llIitted
and, where T''''''''''''!l'Y, approved.
lab: 3025
Rev. 6/11/91
-1-
CDBG PR:X;1WI ~
Fisc:al Year 1991/1992
IaBIBIT "e"
g) All a~ records and evidence pertainin; to all costs of each
subrecipient and all documents related to the coa:; a':j1:e......nt shall be
retained and available for three (3) years fo11CMin;j' the cxmp1etion
of the fun:ied program.
h) Each subrecipient agrees to al1CM the City of San ~-
Ccmnulni.ty Oevelopnent Department to audit the fun:ied program as part
of its annual audit of all CDIG fun:ls p.rrsuant to federal regulations
set forth in Title 24 of the O:x:le of Federal Regulations.
3. RecortslRsoortina Reauiranents and ReoordslReoord lteeDina Reauiranents
While staff realizes that report writin;j' and record-keeping are not the
JOOSt desirable aspects of any progLCU., it is one vehicle that provides a
measure of lJl.'-'\:lL.... p1:og1...;s and aCCClllp1ishments. 'Ihus, all subrecipients
participating in the coa:; Pl.'"":IL.... are rec.lIli1"Wl to provide the City of
San BernaJ:'cliJD Oevelopnent Department with written reports of its
activities on or before the tenth (10th) day of october, January, April
and July of any given p1:'"":ILc:aIII year for the previous three (3) m:mth
period in addition to a final :t:epu1.t Wen the a':l.........lIeIlt teminates. All
b,~ls shall fnclme infOl'lllation on Pl'-'\:l"'c:aIII activities, (!l~lishments,
new P1-'-'\:lL.... infOl'lllation and 0Jrrent lJl.'"":I....... statistics on ~tures,
case loads and activities of the reporting period.
Each subrecipient is also required to maintain lIalthly records of all
ethnic and racial statistics of persons and families assisted by its
program(s). '!his m:mthly record shall fnclme data on the number of low
and IOOderate incane persons and households assisted, (as deteImined by
federal incane 1wts), number of female-l'>..",r1A'j households, and number of
senior citizens assisted. As mentioned earlier, each subrecipient is
required to keep all ~ records and evidence pert:ainin; to all
costs for three (3) years fo11CMing calp1etion of the fun:ied }u.'-'\:l"'ClIIl.
4. ouarter1v Recorts
Deadlines: October 10 - for period coverinq July 1, to Beptsaber 30, of
pru.,j.._ year.
January 10 - for period coverinq October 1, to "'--her 31,
of pr'-'\:l"_ year.
April 10 - for period coverinq January 1, to March 31, of
p1.'"":I"'- year.
July 10 - for period coverinq April 1 to JUne 30, of prc."........
year.
Inclme the following:
a) One (1) caop1eted Activity Report (form l'1nnher 802) .
b) One (1) ~ted Direct Benefit Report (form l'1nnh<>.r 045 (a) .
lab: 3025
Rev. 6/11/91
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coa:; PllOGIW4 REQtlIREMENl'S
Fiscal Year 1991/1992
e) one (1) CCIlpleted CJntract: an:l SUbcontract 1lctivity Report (form am
2506-006). (For const:ruction projects only.)
It is the responsibility of the subrecipient to prepare am su!:lnit the
required ~"p.>:lts by the above stated deadlines in order to keep City
staff infonned of a:rt:I cha.n:;Jes to the funded p:t:'-':lU:wl(s) .
5. P.L~~aw Monitorina
.,.
one of the City's respollsibilities is to nonitor each subrecipient at
least once a year. Not only are the nonitorinq visits intended to ensure
each agency's continued CCIlpliance with c:J:lOO requirements, b.1t also serve
as an 'M'V.l. Wnity for City staff to J:le,:- ..- Dm'e knowledgeable of each
agency's p:t:"":j.l.CWl(S). '!he nonitorinq visits also serve as an qlpOrtunity
to provide infomation to other City staff, the Mayor am 0............ Co.lncil
an:l other interested persons.
Listed belOii is typical infomation City staff will be seekinq,
observations that might be made, an:l items \>Ie may wish to review:
a) '!he 8CXX11plishment(s) of the pl'-"".l.CWl(S) to date.
b) Whether or not lA"":j.l.alII c:bjectives are beinq met.
e) '!hat the intended client group is beinq served.
d) '!he number of people on staff.
e) '!he exi.steooe an:l maintenance of client files.
f) Assistance City staff can provide.
In addition to nonitorinq each agency once a year, the City of san
Bemardino Developnent Deparbnent reserves the right to have its internal
auditor conduct an onsite audit of the program as part of the its annual
audit of all c:J:lOO funds pursuant to Federal Regulations.
Altlnlgh the terlIIs ''Dr:Initorinq'' am "audit" may ~ sanewhat
formidable, please be assured that your agency will be notified in
advance of a:rt:I request for a nonitorinq visit. Also, please be advised
that representatives fran HllD nonitor the c:J:lOO p:t:"":j.l.CWl every year. Im'inq
HllD visit(s), they may wish to mcnitor one (1) or Dm'e of the City's
subrecipients. If your agency shc:Wd be selected, you will be notified in
advance in order to azran:Je a III.1tually convenient tiJDe.
6. ~"""""'-I.&.QUI B-~
Another required element of your c:J:lOO agl.....ueIlL with the City is the
pl.'-':l.l.CWl bJdget. Please su!:lnit an up:ated line item l:u:i;et reflectinq
your approved c:J:lOO allocation. Also, inclu:ie a copy of your overall
pl.'-':j.l.alII bJdget with a SI.IIIIlIIa%'y of your fun:iin;J sam::e(s) and the total
agency bJdget. '!he moo portion of your total p:t:og.l.aJJl or agency bJdget
sha.1ld be identifiable.
In past years, several agencies have raised questions reqardinq minor
bJdget modifications or adju..L....elILs. staff realizes that the ~
bJdget may require minor adju..L...a:.tts durinq the life of the pl."":j.l.CWl am
request that you di"""USS prqxlSed charY:1es with Devel~1t Deparbnent
staff.
lab: 3025
:Rev. 6/11/91
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a>BG PIr.lGR1lM ~
Fiscal Year 1991/1992
Again, please be remirx:le:l. that capital or non-expeOOal:lle equipnent is not
to be pm:hased with COB:; funds. If yo.l need to acquire such equipnent,
please di......1SS it with Develcpnent Department staff.
7. Purchase of Personal ProDertv or Eauit:ll1l!nt (Read section "13" of the ~
~ee.\Ient _.
All tarqible personal property hav~ a useful life of nore than one (1)
year and an acquisition cost of three h1.lrm'ed dollars ($300.00) or lICre
per unit shall be subject to the requirements of the Property Management
standards specified in 24 CPR, Part 85.32, "0..,.,""1 Rule".
8.~
a) All equipnent and property pm:hased in accorclance with the al:x:lYe
standards shall be identified as "Federal Property-HUD", (include
yoor internal Identificatia1 Number). Identification may be achieved
by tagg~ or ~ving the property or by any method that will
- result in property Identification Number ~ oennanentlv affixed.
b) Maintain a separate 1'eCX>l:d of all such equipnent and property.
Infcmnation shall include:
-NamejDescription
-serial Number
-Identification Number
-Date Purchased
-PLlrchase Price
-oorxii.tion (Le., exoellent/goo:l/fair/poor)
ooOlaracteristics (i,e., color/features, etc.)
-H1ysical Itlcation (i.e., address/officejroan, etc.)
c) SUbuit an inventory listing to the City of san llemartiino Devel~
Department each """'.. ernin:.r June 30. said listing is to be subnitted
by Julv 10 follOldn; the em of the year. 'Ihe list should include all
the infcmnation listed umer item "b" al:x:lYe.
d) A written request must be subnitted to the City of san Bernardino
DevelVJ:-U.....t Department for any approved p.lrc:hases that are not in the
originally approved bxlqet (see ay......../Ie1.t). Written authorizatia1
must be dXained fran the Devel"l-"ue..t Department by subrecipient
prior to the p.1rChase of any equipnent, whether or not said equipnent
was included in the agency's original bxlqet.
e) It is the respollsibility of the subrecipient to maintain and repair
all property and equipnent p.Jrc:hased with COB:; funds. It is also the
respollsibility of the subrecipient to identify all p.Jrc:hased
equipnent and property with tags or er.;I1Aving, and to SUWly same.
9. Fiscal ~tina and Audit DoclmmtaUon
'Ihe City of san llemartiino Develcpnent Department requires each agency to
observe and CXIlilly with all aoccunting rules and audit pl' o('<"it'>-es as set
lab: 3025
Rev. 6/11/91
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a:lBG PR:lGRllM RElQOIREME:Nl'S
Fiscal Year 1991/1992
forth in the COB:; Co,tL.....,..uL. '!be following' is a brief description of the
lIIOSt praninent requirements:
a) As a participant in the City of san Bernarciioo COB:; PLVl:jLaIll, each
subrecipient agrees to keep all fun::ls receiVEd fran the City """""'rate
fran any other sources of furxl.in;r.
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b) Fach subrecipient also agrees to keep records of all fun::ls receivEd
fran the City of san Bernarciioo in accordance with the prcx:edures set
forth in the "Agreement Aoc:amting' am Administrative Hambook". A
copy of the Hambook is attached.
10. certification and Assurance
Attached is a copy of the certification am Assurance fom to be prepared
am signed by the designated govemin; official (s) of the subrecipient
agency. 'lhis doo.lment is to be attached to the c:oa:; agreement am shall
~... part of the govemin;J requirements.
lab: 3025
Rev. 6/11/91
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am PR:lGIW! REQtlIREMENl'S
Fiscal Year 1991{1992
DEVEIOHa1' DEPAIma:Nr OF 'mE
Cl'l'lC OF S>>l BERNMDnD
"Certification and Assurance"
(To ~ny CDlG hp:eement)
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I,
(Name ani Title of Official)
of the
(Name of Agency/Organization)
locate:i at
do hereby make the fo11cwin:] certification ani assurance to a~ny the
rnnn.1T1i.ty Develcpnent Block Grant A91:ee...../t between
(name of organization) ani
the Ci!-yof San Bernardino:
a) certify that the intonation booklet for COB:; P.l.U:I.l.CW1 requirements has
been read ani understocxl; and
b) Assure that the (name of Agency)
will CCJlI:lly with all govemirg requirements as stip.1lated herewith in the
performance of the com J\o,j...............,t.
(Signature of Official)
Dated:
Develcpnent Department Representative
Dated:
lab: 3025
Rev. 6/11/91
lab: 3025
Rev. 6/11/91
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CDlG ~ RElQtJI1lDIEm'S
Fisc:a1 Year 1991/1992