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HomeMy WebLinkAbout1991-453 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 " . . . 1 RESOLUTION NO. 91-453 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A 3 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PROJECT HOME RUN, INC., AND REPEALING 4 RESOLUTION NO. 91-292. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of the City, an agreement for the Community Development Block Grant funding with PROJECT HOME RUN, INC., which agreement is attached hereto as Exhibi t "1", and is incorporated herein by reference as though fully set forth at length. The agreement provides for the granting of Community Development Block Grant funds in the following amount of $20,000.00. SECTION 2. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this Resolution. SECTION 3. Resolution No. 91-292 is hereby repealed. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a reoular meeting thereof, held on the / / / / / / / / / / / / / / / / / / / / / / / / DAB/dys/homerun.res 1 October 25, 1991 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION. . AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE 2 CITY OF SAN BERNARDINO AND PROJECT HOME RUN, INC., AND REPEALING RESOLUTION NO. 91-292. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 of 17 4th day of Nov~er ,1991, by the following vote, to wit: Council Members: AYES ESTRADA x - REILLY X HERNANDEZ X MAUDSLEY X MINOR X POPE-LUDLAM MILLER NAYS ABSTAIN ABSENT x x Q,~~ City Clerk The foregoing resolution is hereby Nov~er , 1991. 6th day mb, Mayor Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney B~~) DAB/dys/homerun.res 2 October 25, 1991 . Res. 91-153 ~!l~!L~M!:!!!~ 1 2 :) THIS AGREEMENT is entered into effective as of this 3th day of November 4 ! , 1991, at San Bernardino, California, between the CITY OF SAN [) BERNARDINO, a municipal corporation, referred to as "City", and PROJECT 6 HOME RUN. INC.. a non-profit cOlnmunity service organization, referred to as 7 "Subrecipientll. City and Subrecipient agree as follows: 1. Recitals. 8 9 (a) Subrecipient has requested financial assistance from City for fiscal year 1991/1992 from funds available through the Community Development 10 I Block Grant Program from the United States of America to City. 11 12 (b) Subrecipient represents that the expenditures authorized by this Agreement are for the provision of assistance to seven (7) low income families 13 to obtain financina and enable them to purchase homes as first time buvers 14 throuah counselina and financial manaaement resources, which are valid and 15 18 specifically authorized~ The specific purposes and scope of services of this 19 particular grant are set forth in Exhibit "A", attached hereto and 20 incorporated into this Agreement as though fully set forth herein. 21 (c) Subrecipient "..ill comply with applicable uniform administrative 22 requirements, as described in 24 CFR, Part 570.502. 23 (d) Subrecipient will carry out each activity, program and/or 24 project in compliance with all federal laws and regulations as set forth in 24 25 CFR, Part 570, with the following exceptions, (i) the Subrecipient does not 26 271 28 assume the environmental responsibilities of the Grantee as described in 24 -1- CFR, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's 21 responsibilities for initiating the review process under executive Order 3 Number 12372. 4 (e) Subrecipient will comply with the requirements set forth in the 5 Uniform Relocation Assistance and Real Property Acquisition Policy Act of iii 7' 1970, as amended, (URA) , 49 CFR, Part 24 in accordance with federal regulations when attempting to or acquiring any building or parcel of land. 8 Subrecipient will be required to obtain written approval from the Executive 9 Director of the Development Department prior to any activity taking place 10 within the confines of URA 49 CFR, Part 24, as amended. II 2. Pavments. 12 City shall reimburse Subrecipient for allowable costs incurred under 13 the scope of this Agreement and applicable Federal regulations, which have not 14 been paid for or reimbursed in any other manner by any other Agency or private 15 source of funding. Reimbursement will be made at least on a monthly basis, Iii I I~I I, 181 with the total of all such reimbursements not to exceed $20.000.00. 3. Term. This Agreement shall commence July 1, 1991, and terminate June 30, 19 20 1992. 4. Use of Funds; Budget; Travel Limitation. 21 (a) The funds paid to Subrecipient shall be used by it solely for 22 the purposes set forth in Paragraph l(b) of this Agreement, and in accordance 23 with the program budget submitted by Subrecipient to the City of San 24 Bernardino Community Development Department, a copy of which is attached to 25 this Agreement as Exhibit "B". This budget shall list all sources of funding 26 for the program covered by this Agreement, whether from State, Federal, local 27 or private sources, and shall identify which sources are paying for which 28 specific portions of the program, by line-item, to the extent practicable. -2- 1. 2 (b) No travel expenses for out-of-state travel shall be included in this program unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from funds provided hereunder shall be specifically identified as travel expense, which sball be negotiated between the City of San Bernardino Development Department and Subrecipient in tbe budget. Any travel expenses incurred by Subrecipient above the budgeted amount or for out-of-state travel shall not be eligible for reimbursement unless the prior written approval of the Executive Director of Development Department of the City of San Bernardino, or designee, has been obtained. (c) Funds shall be used for purposes authorized by the Community Development Block Grant Program only, and no portion of the funds granted hereby shall be used for any purpose not specifically authorized by this Agreement. (d) Only net payroll shall be periodically reimbursed by City as an 3 4 ;') Ii 7 8 9 10 11 12 13 14 15 allowable cost. Any amounts withheld by Subrecipient from an employee's pay 1 (l' for taxes, social security, or other withholding and not immediately paid over 17 to another entity, shall not be included as wages or expenses eligible for 18 reimbursement as an allowable cost until such time as the withheld taxes, 19 social security, or other withholdings are actually paid over to another 20 entity entitled to such payment. Upon such payment and the submission of 21 evidence of such payment to the City of San Bernardino Development Department, 22 such expenses shall be regarded as an allowable cost, and the City shall 23 reimburse Subrecipient for such obligation. 24 (e) Subrecipient shall be allowed, with with the prior written 25 approval of the Development Department of the City of San Bernardino, to make 26 changes to the budget during the first three (3) quarters of the fiscal year, 27 so long as Subrecipient is in compliance with Section "2" of this Agreement at 28 the time of submission of the budget modification request. A variation in the -3- I itemization of costs, as set forth in the proposed budget submitted to City, 2 not to exceed ten percent (10~) as to any particular line item, shall be ;) allowed, provided that the prior written approval of the Executive Director of 4 the Development Department of the City of San Bernardino is obtained, it being 5 understood that the total amount of the grant shall not be varied thereby. G (f) The parties intend that grant funds be utilized within the time 7 period covered by this Agreement, and entitlement to any funds not expended or 8 obligated shall revert to the City. No reserve for the future shall be () established with the funds except as may be authorized to meet commitments 10 III I) I 131 made for services provided during the period of this Agreement, but not yet paid for at the conclusion of this Agreement. g) Subrecipient shall remain in compliance with all state, federal and local laws prior to the recipient of any reimbursement hereunder. This 14 includes, but is not limited to, all laws and regulations relative to the form 15 of organization, local business licenses and any laws and regulations specific IG to the business and activity carried out by Subrecipient. Reimbursement shall 17 not be made to Subrecipient which is not operating in compliance with all 18. applicable laws. Reimbursements may be subseguently paid, at the discretion 1 191 of the Executive Director of the Development Department for reimbursement 20 costs incurred during the period when compliance is achieved before expiration 21 of this Agreement. 22 5. Accountina: Audit. 23 (a) Prior to the final payment under this Agreement, and at such 24 other times as may be requested by the Executive Director of the Development 25 Department of the City of San Bernardino, Subrecipient shall submit to the 2G Director an accounting of the proposed and actual expenditures of all revenues 27 from whatever source accruing to the organization for the fiscal year ending 28 June 30, 1992. -4- 2 (b) Financial records shall be maintained by Subrecipient in accordance with Generally Accepted Accounting Principles, and in a manner which permits City to trace the expenditures of funds to source documentation. All books and records of Sub recipient are to be kept open for inspection at any time during the business day by the City, its officers or agents, and by any representative of the United States of America authorized to audit Community Development Block Grant programs. (c) Standards for financial management systems and financial reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be fully complied with by Subrecipient. Subrecipient acknowledges that the funds provided are federal funds. (d) Subrecipient's financial management system shall provide for accurate, current and complete disclosure of the financial results of each program sponsored by this Agreement. It is the responsibility of Subrecipient to adequately safeguard all assets of the program, and Sub recipient shall assure that they are used solely for authorized purposes. 6. Services Available to Residents: MOnitorina and ReDortina Proaram Performance. 3 4 fi (j 7 8 9 10 11 12 13; 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 The services of Subrecipient shall be made available to residents and inhabitants of the City of San Bernardino unless otherwise noted in Exhibit "All. No person shall be denied service because of race, color, national origin, creed, sex, marital status, or physical handicap. Subrecipient shall comply with Affirmative Action guidelines in its employment practices. Subrecipient shall also monitor the program's activities and submit written reports quarterly, or more often if requested, to the Executive Director of the Development Department of the City of San Bernardino, in accordance with 24 CFR, Part 85.4l(c)(d) and Part 85.21. Failure to provide such quarterly performance reports may prevent the processing by the City of Subrecipient's -5- II I requests for reimbursement, and may justify temporary withholding as provided 2 for in Paragraph "II" hereof. City reserves the right to waive such breach, ;) 4 without prejudice to any other of its rights hereunder, upon a finding by the Executive Director of the Development Department that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 7. Procurement Practices: Conflict of Interest. Subrecipient shall comply with procurement procedures and guidelines established by 24 CFR, Part 85.36(d)(1), Subrecipient "Procurement Standard". In addition to the specific requirements of 24 CFR, Part 85, Subrecipient shall maintain a code or standards of conduct which shall govern the performance of its officers, employees or agents in contracting with and expending the federal grant funds made available to Subrecipient under this Agreement. Subrecipientts officers, employees or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or potential contractors. To the extent permissible by state law, rules, and regulations, the standards by either the Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among contractors which may restrict or eliminate competition or otherwise restrain trade. Subrecipient agrees to adhere to conflict of interest provisions setforth in 24 CFR Section 570.611 and to the procurement rules specified in 24 CFR, Part 85.36, in its expenditures of all funds received under this Agreement. 5 (j 7 8 9 10 II 12 13 14 15 161 17 18 19 20 21 22 23 24 25 26 27 28 -6- I 2 ~3 4 5 6 7 8 ~ 10 II 12 13 14 I f) 8. Anti-kick Back Provisions: Equal Kmolovment ODnortunitv. All contracts for construction or repair using funds provided under this Agreement shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (l8.U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each contractor or sub-grantee shall be prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Subrecipient shall report all suspected or reported violations to City. All contracts in excess of $10,000.00 entered into by Subrecipient using funds provided under this Agreement shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order Number 11246, as amended. 9. Prevailino Waae Reauirement. Any Construction contracts awarded by Subrecipient using funds III provided under this Agreement in excess of $2,000.00 shall include a provision 17 for compliance with the Davis-Bacon Act (40 U.S.C. 276(a) to 276(a)(7)) and as 18' supplemented by Department of Labor Regulations (29 CFR). Under this Act, 19 contractors shall be required to pay wages to laborers and mechanics at a rate 20 not less than the minimum wages specified in a wage determination made by the 21' Secretary of Labor. In addition, contractors shall be required to pay wages 22 not less often than once a week. Subrecipient shall place a copy of the 23 current prevailing wage determination issued by the Department of Labor in i 241 each solicitation and the award of a contract shall be conditioned upon the 2- , :Ji , acceptance of the wage determination. Subrecipient shall report all suspected 26 or reported violations to City. 27: 10. Apnroval of City of any Charaes: Use of Proqram Income. , I 28 I (a) City hereby requires Sub recipient to notify the City, in 'I -7- r~ !I 111 writing, of its intent to charge a fee for any service, the provision of which 2 is assisted pursuant to this Agreement. City requires Subrecipient to obtain 3' the prior written approval of City for any charges or fees to be charges by 4 Subrecipient for such services, and of any rules and regulations governing the fJ provision of services hereunder. 6 (b) Program income represents gross income received by the 7 Subrecipient directly generated from the use of funds provided hereunder. 8 Such earnings include interest earned on advances and may include, but will 9 not be limited to, income from service fees, sale of commodities, usage and 10 rental fees for real or personal property using the funds provided by this 11 Agreement. As to such income, it shall be first applied to program 12 activities, before requests for reimbursement and, in the use, shall be 13 subject to all applicable provisions of this Agreement. Income not so applied 14 shall be remitted to City. Subrecipient shall remit all unspent program 15 income to the City within thirty (30) days subsequent to the end of the 16 program year (June 30, 1992). 17 11. Temoorarv Withholdina. 18 The Executive Director of the Development Department of the City of 19 San Bernardino is authorized to temporarily withhold the payment of funds to 20 Sub recipient when the Director determines that any violation of this Agreement 21 has occurred. Funds shall be withheld until the violation is corrected to the 22 satisfaction of the Executive Director. Subrecipient shall have the right to 23 appeal the decision of the Executive Director to the Mayor and Common 24 Council. The sole grounds for such appeal shall be that no violation of the 251 Agreement has occurred. Subrecipient shall file such appeal within fifteen I 26 (15) days after such first withholding. The Mayor and common Council shall 27 set a date for the hearing of such appeal which is within thirty (30) days 28 following the date of filing. -8- II 12. Records Retention. 2 Financial records, supporting documents, statistical records, and all 3 4 other records pertaining to the use of the funds provided under this Agreement shall be retained by Subrecipient for a period of three (3) years, at a 5 minimum, and in the event of litigation, claim or audit, the records shall be Ii retained until all litigation, claims and audit findings involving the 7 records, have been fully resolved. Records for non-expendable property 8 9 10 11 12 13 14 15 16 acquired with federal funds provided under this Agreement shall be retained for three (3) years after the final disposition of such property. 13. Prooertv Manaaement Standards. Non-expendable personal property, for the purpose of this Agreement, is defined as tangible personal property, purchased in whole or in part with federal funds, which has useful life of more than one (1) year and an acguisition cost of one-thousand dollars ($1,000.00) or more per unit. Real property means land, including land improvements, structures and appurtenances thereto, excluding movable machinery and equipment. Non-expendable personal 17 property and real property purchased with or improved by funds provided under 18 19 20 21 this Agreement shall be subject to the property management standards set forth in 24 CFR, Part 85.32. 14. Te~ination for Cause. (a) City reserves the right to terminate this Agreement in 22 accordance with 24 CFR, Part 85.43, and any and all grants and future payments 23 under this Agreement, in whole or in part, at any time before the date of 241 completion of this Agreement whenever City determines that the Subrecipient 25 has materially failed to comply with the terms and conditions of this 26 27 i 28: I I I I Agreement. In the event seeks to terminate this Agreement for cause, City shall promptly notify the Subrecipient in writing of the proposed termination and the reasons therefore, together with the proposed effective date. -9- II 1 Subrecipient shall be given an opportunity to appear before the Mayor and 2 Common Council are to consider such recommended termination, and shall be 3 given a reasonable opportunity to show cause why, if any exists, the Agreement 4 should not be terminated for cause. Upon determination by the Mayor and [) Common Council that the contract should be terminated for cause, notice (j thereof, including reasons for the determination, shall promptly be mailed to 7 the Subrecipient, together with information as to the effective date of the 8 termination. Such notice may be given orally at that hearing. The 01 v determination of the Mayor and common Council as to cause shall he final. 10 (b) In the event of any termination whether for cause or for 11 convenience, Subrecipient shall forthwith provide to the Development 12 Department to establish a full record of all monies received by Subrecipient 13 and to document the uses of same. 14 15. Termination for Convenience. 15 City or Subrecipient may terminate this Agreement in whole or in part 16 provided both parties agree that the continuation of the project would not 17 produce beneficial results commensurate with further expenditure of funds. In .18 such event, the parties shall agree upon the termination conditions, including 19 the effective date and, in the case of partial terminations, the portion to be 20 terminated. The Subrecipient shall not incur new obligations for the 21 terminated portion after the effective date and shall cancel as many 22 outstanding obligations as possible. City shall allow Subrecipient full 231 credit for the City's share of the non-cancellable obligations properly 24 incurred by the Subrecipient prior to termination. 25 16. Reversion of Assets. 26 Subrecipient agrees that upon expiration of this Agreement, the 27 Subrecipient shall transfer to the City any and all CDBG funds not used at the 28 time of expiration and any accounts receivable attributable to the use of CDBG -10- I funds. Subrecipient agrees that any real property under its control, which 2 was acquired or improved, in whole or in part, with CnBG funds in excess of :3 $500.00 shall either, (i) be used to meet one (1) of the three (3) national 4 objectives as set forth in 24 CFR, Part 570.208 until five (5) years after 5 expiration of the Agreement or such period of time as determined appropriate 6 by the City, or; (ii) is disposed of in a manner which results in the City 7 being reimbursed in the amount of the current fair market value of the 8 property less any portion thereof attributable to expenditure of, or 9 improvement to, the property by Subrecipient. Such reimbursement is not 10! 111 required after the period of time specified in "i" above. 17. Hold Harmless. 12. Subrecipient agrees to indemnify, save and hold harmless the City and 13 the Development Department and their employees and agents from all liabilities 14 and charges, expenses (including counsel fees), suits or losses however 15 occurring, or damages, arising or growing out of the use of or receipt of III funds paid under this Agreement and all operations under this Agreement. 17 Payments under this Agreement are made with the understanding that the City 18 and the Development Department are not involved in the performance of services 19 or other activities of the Subrecipient. Subrecipient and its employees and 20 agent are independent contractors and not employees or agents of City and the 21 Development Department. 22 I 231 18. Amendment. This agreement may be amended or modified only by written agreement 24 signed by both parties, and failure on the part of either party to enforce any 25 provision of this Agreement shall not be construed as a waiver of the right to 2ll compel enforcement of any provision or provisions. 27 19. Assianment. 28 This Agreement shall not be assigned by Subrecipient without the -11- II 10 11 12! 13 14! 15 IG 1 prior written consent of the City. 2 20. Notices. :l All notices herein required shall be in writing and delivered in ! 4 person or sent certified mail, postage prepaid, addressed as follows: 5 , (j! As to City: As to Subrecipient: 7 Executive Director Development Department 201 North "E" Street, 3rd Fl. San Bernardino, CA 92401 Bill Run, Executive Director Project Home Run, Inc. 150 East Olive Street Colton, CA 92324 8 9 21. Evidence of Authoritv. Subrecipient shall provide to City evidence in the form of a certified copy of minutes of the governing body of Subrecipient, or other adequate proof, that this Agreement has been approved in all its detail by the governing body of the Subrecipient, that the person(s) executing it are authorized to act on behalf of Subrecipient, and that this Agreement is a binding obligation on Subrecipient. 17 Subrecipient shall comply with the program requirements attached 22. Certification of Assurance. 18! hereto as Exhibit "C", which are incorporated by reference as though fully set 19! forth at length and made a part of this Agreement by execution of all 20 certifications and assurances of the CDBG program. 21, 23. Entire AGreement. 22 This Agreement and any document or instrument attached hereto or 23 referred to herein integrates all terms and conditions mentioned herein or 24 incidental hereto, and supersedes all negotiations and prior writing in 25 respect to the subject matter hereof. In the event of conflict between the 26 terms, conditions or provisions of this Agreement, and any such document or 27 instrument, the terms and conditions of this Agreement shall prevail. 28 -12- 1 24. No Third Party Beneficiaries. 2 3 . No third party shall be deemed to have any rights hereunder against 4 any of the parties hereto as a result of this Agreement. 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement Ii on the day and year first hereinabove written. 71 I I 81 ATTEST: 9 101 11 12 13 G,~/~ o CITY CLERK 14 Hi Approved as to forn and legal content: 1G JAMES F. PENMAN, City Attorney ~ 17 18 19 20 DAD:paw: tnt: 0524T REV/10-28-9l 21 22 23 24 25 26 27 28 -13- CITY OF SAN BERNARDINO . ./ BY: / Nu\! 1 --: BY: President /) BY:i~ ~L.- /dL~?,,-"'~ Secretary . a:e3 l'KJt<lML ~CM'ICII DlWel..,....elflt DIpart1 ';t ~ -3- e. l E X H I BIT IIA" v. P.L......;sed Pro1ec:t:.VImot- fPl-- tlrwrI1.... IDDli-t.1e T+_ ""'1'" a) 1ldm1nistratiCl'l salaries an:! Frirge Benefits: $ 10,600 Sl.Wlies: $ 1,400 ProfessiCl'lal 5eJ:Vioes: $ -0- Travel/Calfe...el.oes/seminara: $ 500 utilities: $ 500 InsurlInoe: $ 1 000 Office ~: $ other: RFNT - OFFTr.F $ 6,000 b) 0':I'lst:J:ucti $ 0) Ergineerinl am Design $ d) land qrlsitiCl'l $ e) Pl.ann1n) Activities $ f) RehabilitatiCl'l Activities $ 9) other: $ Total Pnljec:t: costa . 20,000 (For oc:astJ:uctiCl'l, en;P.neerin3 am design, 1an1 ~.i.itiCl'l am rehabilitatiCl'l activities CI'Ily.) EstJmatar: EstJmatar' 8 l)JalificatiCl'lS: h) Identifv other furrlirn """'".,......: Identify CXIIIIIibDents ar awlica- tiCl'lS far fIm:1s frail other scuroes to bplment this activity. U other fIm:1s have been ~, attad1 eviden::le of CXIIIIIitDnt. source of ~ 1I'l..."h", JlmcuDt Date _nable At present At presen t $ 3,200 $3u, 'lbU $ i) was this project previc:usly fIm5ed with am fuIm? Yes X No U YES, Wicate the year(s) in Vrl.c:t1 am fuIm were reo&ived- am the grant:..1.lJ3 entity: 1989 -19 9 0 ~ 13 . 291 Catholic Charities St. Bernard~nes Hosp j) U yoo have never received am ~, provide evidence of any previc:us experienoe with other federally fIm5ed ....~...... (use ldU.ticml sheets if ~~"IY) :