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RESOLUTION NUMBER 90-169
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE
LEGAL AID SOCIETY OF SAN BERNARDINO, INC.
WHEREAS,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
(a) The Mayor of the City of San Bernardino is hereby
authorized and directed to execute, on behalf of the City, an
agreement for Community Development Block Grant funding with the
Legal Aid Society of San Bernardino, Inc., which agreement is
attached hereto as Exhibit "1", and is incorporated herein by
reference as though fully set forth at length. The agreement
provides for the granting of Community Development Block Grant
funds in the following amount of $20,000.00.
(b) The authorizations to execute the above referenced
agreement is rescinded if the parties to the agreement fail to
execute it within sixty (60) sixty days of the passage of this
19 resolution.
20 I HEREBY CERTIFY that the foregoing resolution was duly
21 adopted by the Mayor and Common Council of the City of San
meeting thereof, held on the
, 1990 by the following vote, to
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CDBG AGREEMENT BETWEEN CITY AND THE LEGAL
AID SOCIETY OF SAN BERNARDINO, INC.
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3 Council Members
4 ESTRADA
5 REILLY
6 FLORES
7 MAUDSLEY
8 MINOR
9 POPE-LUDLAM
10 MILLER
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13
AYES
NAYS
ABSTAIN
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"4/.?d';w/~1//
, CITY CLERK
14 of
The foregoing resolution is hereby approved this ,,~ACday
Mav
, 1990.
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18 Approved as to form
and legal content:
19
JAMES F. PENMAN,
20 City At orney
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BY:
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THIS AGREEMENT is entered into effective as of this 1cl day
of '-tlitLi ' 1989, at San Bernardino, California, bet-
ween the CITY OF SAN BERNARDINO, a municipal corporation,
referred to as "City", and the LEGAL AID SOCIETY OF SAN BERNAR-
DINO, INC., a non-profit community service organization, refer-
red to as "Subrecipient".
City and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance
from City for fiscal year 1989/1990 from funds available through
the Community Development Block Grant Program from the United
States of America to City.
(b) Subrecipient represents that the expenditures
authorized by this Agreement are for valid and eligible com-
munity development purposes, as defined in 24 CFR, Part 570 in
accordance with federal law and regulations, and that all funds
granted under this Agreement will be used for no purpose(s)
other than those purposes specifically authorized. The specific
purposes and scope of services of this particular grant are set
forth in Exhibit "A", attached hereto and incorporated into this
Agreement as though fully set forth herein.
(c) Subrecipient will comply with applicable uniform
administrative requirements, as described in 24 CFR, Part
570.502.
EXHIBIT "1"
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1 by line-item, to the extent practicable.
2 (b) No travel expenses for out-of-state travel shall
3 be included in this program unless specifically listed in the
4 budget as submitted and approved, and all travel expenses to be
5 funded from funds provided hereunder shall be specifically iden-
6 tified as travel expenses, which shall be negotiated between the
7 City of San Bernardino Community Development Department and Sub-
8 repient in the budget. Any travel expenses incurred by Subreci-
9 pient above the budgeted amount or for out of-state travel shall
10 not be eligible for reimbursement unless the prior written ap-
11 proval of the Director of Community Development of the City of
12 San Bernardino, or his/her designee, has been obtained.
13 (c) Funds shall be used for purposes authorized by the
14 Community Development Block Grant Program only, and no portion
15 of the funds granted hereby shall be used for any purpose(s) not
16 specifically authorized by this Agreement.
17 (d) Only net payroll shall be periodically reimbursed
18 by City as an allowable cost. Reimbursement payroll shall in-
19 clude those hours duly authorized by the appropriate authority
20 within Subrecipient's organization and, shall include funds
21 actually received by payee. Any amounts withheld by Subreci-
22 pient from an employee's paycheck for taxes, social security, or
23 other withholding and not immediately paid over to another en-
24 tity, shall not be included as wages or expenses eligible for
25 reimbursement as an allowable cost until such time as the with-
26 held taxes, social security, or other withholdings are actually
27 paid over to another entity entitled to such payment. Upon such
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payment and the submission of evidence of such payment to the
City of San Bernardino Community Development Department, such
expenses shall be regarded as an allowable cost, and the City
shall reimburse Subrecipient for such obligation.
(e) Subrecipient shall be allowed, with the prior
written approval of the Community Development Department of the
City of San Bernardino, to make changes in the budget during the
first three (3) quarters of the fiscal year, so long as Subreci-
pient is in compliance with section "2" of this Agreement at the
time of submission of the budget modification request. A varia-
tion in the itemization of costs, as set forth in the budget
submitted to City by Subrecipient, not to exceed ten percent
(10%) as to any particular line item, shall be allowed provided
that the prior written approval of the Director of Community
Development of the City of San Bernardino is obtained, it being
understood that the total amount of the grant shall not be
varied thereby.
(f) The parties intend that grant funds be utilized
within the time period covered by this Agreement, and entitle-
ment to any funds not expended or 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 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 receipt of any reim-
bursement hereunder. This includes, but is not limited to, all
laws and regulations relative to the form of organization, local
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1 business licenses and any laws and regulations specific to the
2 business and activity carried out by Subrecipient.
3 s. Accountinq: Audit.
4 (a) Prior to the final payment under this Agreement,
5 and at such other times as may be requested by the Director of
6 Community Development of the City of San Bernardino, Subreci-
7 pient shall submit to the Director an accounting of the proposed
8 and actual expenditures of all revenues from whatever source
9 accruing to the organization for the fiscal year ending May 6,
10 1990.
11 (b) Financial records shall be maintained by Subreci-
12 pient in accordance with Generally Accepted Accounting princi-
13 pIes, and in a manner which permits City to trace the expendi-
14 tures of funds to source documentation. All books and records
15 of Subrecipient are to be kept open for inspection at any time
16 during the business day by the City, its officers or agents, and
17 by any representative of the United States of America authorized
18 to audit community development block grant programs.
19 (c) Standards for financial management systems and
20 financial reporting requirements established by 24 CFR, Parts
21 85.20 and 85.22 shall be fully complied with by Subrecipient.
22 Sub recipient acknowledges that the funds provided are federal
23 funds.
24 (d) SUbrecipient's financial management system shall
25 provide for accurate, current and complete disclosure of the
26 financial results of each program sponsored by this Agreement.
27 It is the responsibility of Subrecipient to adequately safeguard
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all assets of the program, and SUbrecipient shall assure that
they are used solely for authorized purposes.
(e) In addition to the foregoing, Subrecipient shall
at its own expense have the City-funded portion of its program
audited annually, and provide to City a copy of the audit report
within sixty (60) days after receipt of the report by Subreci-
pient. Such audit must be performed by a Certified Public
Accountant or some other independent auditor approved in advance
by the City's Director of the Community Development.
6. Services Available to Residents: Monitorinq and Report-
inq Proqram Performance.
The services of Subrecipient shall be made available to
residents and inhabitants of the City of San Bernardino unless
otherwise noted in Exhibit "A". No person shall be denied ser-
vice because of race, color, national origin, creed, sex, mari-
tal 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 Director of Community Development of the City of San Bernar-
dino, in accordance with 24 CFR, Part 85.41(c)(d), and Part
85.21. Failure to provide such quarterly performance reports
constitutes a violation of this Agreement. Further, the pro-
cessing by City of Subrecipient's requests for reimbursement
shall be halted following such breach, and shall subject Subre-
cipient to temporary withholding as provided for in Paragraph 11
hereof. City reserves the right to waive such breach, without
prejudice to any other of its rights hereunder, upon a finding
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1 by the Director of community Development that such failure was
2 due to extraordinary circumstances and that such breach has been
3 timely cured without prejudice to the city.
4 7. Procurement Practices: Conflict of Interest.
5 Subrecipient shall comply with procurement procedures
6 and guidelines established by 24 CFR, Part 85.36(d) (1), Subreci-
7 pient "Procurement standards". In addition to the specific re-
8 quirements of 24 CFR, Part 85, Subrecipient shall maintain a
9 code or standards of conduct which shall govern the performance
10 of its officers, employees or agents in contracting with and
11 expending the federal grant funds made available to Subrecipient
12 under this Agreement. SUbrecipient's officers, employees or
13 agents shall neither solicit nor accept gratuities, favors, or
14 anything of monetary value from contractors or potential con-
15 tractors. To the extent permissable by state law, rules, and
16 regulations, the standards adopted by Subrecipient shall provide
17 for penalties, sanctions or other disciplinary actions to be
18 applied for violations of such standards by either the Subreci-
19 pient's officers, employees or agents, or by contractors or its
20 agents. Subrecipient shall provide a copy of the code or stan-
21 dards adopted to City forthwith. Subrecipient shall undertake
22 informal procurement methods for purchases that do not cost more
23 than $25,000.00, in the aggregate, which call for price or rate
24 quotations from an adequate number of qualified sources. The
25 Subrecipient shall be alert to organizational conflicts of inte-
26 rest or non-competitive practices among contractors which may
27 restrict or eliminate competition or otherwise restrain trade.
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Subrecipient agrees to adhere to conflict of interest provisions
set forth in 24 CFR, Part 570.611 and to the procurement rules
set forth in 24 CFR, Part 85.36, in its expenditure of all funds
received under this Agreement.
8. Anti-Kick Back provisions: Eaua1 Emp10vment Oppor-
tunitv.
All contracts for construction or repair using funds
provided under this Agreement shall include a provision for com-
pliance with the Copeland "Anti-Kick Back" Act (18.U.S.C. 874)
as supplemented in Department of Labor Regulations (29 CFR,
Part 3). This Act provides that each contractor or subgrantee
shall be prohibited from inducing, by any means, any person em-
ployed 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 comp-
liance with Equal Employment Opportunity provisions established
by Executive Order Number 11246, as amended.
9. prevailina Waae Reauirement.
Any construction contracts awarded by Sub recipient
funds provided under this Agreement in excess of $2,000.00 shall
include a provision for compliance with the Davis-Bacon Act
(40.U.S.C. 276(a) to 276(a) 7) and as supplemented by the De-
partment of Labor Regulations (29 CFR). Under this Act, con-
tractors shall be required to pay wages to laborers and mecha-
nics at a rate not less than the minimum wages specified in a
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1 wage determination made by the Secretary of Labor. In addition,
2 contractors shall be required to pay wages not less often than
3 once a week. Subrecipient shall place a copy of the current
4 prevailing wage determination issued by the Department of Labor
5 in each solicitation and the award of a contract shall be condi-
6 tioned upon the acceptance of the wage determination. Subreci-
7 pient shall report all suspected or reported violations to City.
8 10. Approval of city of any Charqes: Use of Proqram
9 Income.
10 (a) City hereby requires Subrecipient to notify the
11 City, in writing, of its intent to change a fee for any service,
12 the provision of which is assessed pursuant to this Agreement.
13 City requires Subrecipient to obtain the prior written approval
14 of City for any charges or fees to be charged by Subrecipient
15 for such services, (and of any rules and regulations governing
16 the provision of services hereunder).
17 (b) Program income represents gross income received by
18 the Subrecipient directly generated from the use of the funds
19 provided hereunder. Such earnings include interest earned on
20 advances and may include, but will not be limited to, income
21 from service fees, sale of commodities, usage and rental fees
22 for real or personal property purchased using the funds provided
23 by this Agreement. As to such income, it shall be first applied
24 to eligible program activities, before requests for reimburse-
25 ment and, in the use, shall be subject to all applicable provi-
26 sions of this Agreement. Income not so applied shall be remit-
27 ted to City. Subrecipient shall remit all unspent program in-
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come to the City within thirty (30) days subsequent to the end
of the program year (June 30, 1990).
11. Temporarv Withho1dinq.
The Director of Community Development of the City of
San Bernardino is authorized to withhold the payment of funds to
Subrecipient when the Director determines that any violation of
this Agreement has occurred. Funds shall be withheld until the
violation is corrected to the satisfaction of the Director. Sub-
recipient shall have the right to appeal the decision of the
Director to the Mayor and Common Council. The sole grounds for
such appeal shall be that no violation of the Agreement has oc-
curred. Subrecipient shall file such appeal within fifteen (15)
days after such first notice of withholding. The Mayor and Com
mon 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, and all other records pertaining to the use of the
funds provided under this Agreement shall be retained by Subre-
cipient for a period of three (3) years, at a minimum, and in
the event of litigation, claim or audit, the records shall be
retained until all litigation, claims and audit findings involv-
ing the records, have been fully resolved. Records for non-
expendable property acquired with federal funds provided under
this Agreement shall be retained for three (3) years after the
final disposition of such property.
13. Property Manaqement Standards.
Non-expendable personal property, for the purposes of
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1 this Agreement, is defined as tangible personal property pur-
2 chased in whole or in part with funds provided under this
3 Agreement, which has a useful life of more than one (1) year and
4 an acquisition cost of one-thousand dollars ($1,000.00), or more
5 per unit. Real property means land, including land improve-
6 ments, structures and appurtenances thereto, excluding movable
7 machinery and equipment. Non-expendable personal property and
8 real property purchased with or improved by funds provided under
9 this Agreement shall be subject to the property management stan
10 dards set forth in 24 CFR, Part 85.32.
11 14. Termination for Cause.
12 (a) City reserves the right to terminate this
13 Agreement in accordance with 24 CFR, Part 85.43, and any and all
14 grants and future payments under this Agreement, in whole or in
15 part, at any time before the date of completion of this
16 Agreement whenever City determines that the Subrecipient has
17 materially failed to comply with the terms and conditions of
18 this Agreement. In the event City seeks to terminate this
19 Agreement for cause, city shall promptly notify the SUbrecipient
20 in writing of the proposed termination and the reasons
21 therefore, together with the proposed effective date.
22 Subrecipient shall be given an opportunity to appear before the
23 Mayor and Common Council at the time which the Mayor and Common
24 Council are to consider such recommended termination, and shall
25 be given a reasonable opportunity to show cause why, if any
26 exists, the Agreement should not be terminated for cause. Upon
27 determination by the Mayor and Common Council that the Agreement
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should be terminated for cause, notice thereof, including
reasons for the determination, shall promptly be mailed to the
Subrecipient, together with information as to the effective date
of the termination. Such notice may be given orally at that
hearing. The determination of the Mayor and Common Council as
to cause shall be final.
(b) In the event of any termination whether for cause
or for convenience, Subrecipient shall forthwith provide to the
Community Development Department any and all documentation
needed by the Community Development Department to establish a
full record of all monies received by Subrecipient and to docu-
ment the uses of same.
15. Termination for Convenience.
City or Subrecipient may terminate this Agreement, in
accordance with 24 CFR, Part 85.44, in whole or in part provided
both parties agree that the continuation of the project would
not produce beneficial results commensurate with further expend-
iture of funds. In such event, the parties shall agree upon the
termination conditions, including the effective date and, in the
case of partial terminations, the portion to be terminated. The
Subrecipient shall not incur new obligations for the terminated
portion after the effective date and shall cancel as many out-
standing obligations as possible. City shall allow Subrecipient
full credit for the City's share of the non-cancellable obliga-
tions properly incurred by the Subrecipient prior to termina-
tion.
16. Reversion of Assets.
Subrecipient agrees that upon expiration of this
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1 Agreement, the Subrecipient shall transfer to the City any and
2 all CDBG funds not used at the time of expiration and any
3 accounts receivable attributable to the use of CDBG funds.
4 Subrecipient agrees that any real property under its control,
5 which was acquired or improved, in whole or in part, with CDBG
6 funds in excess of $500.00 shall either, (i) be used to meet one
7 (1) of the three (3) national objectives as set forth in 24 CFR,
8 Part 570.208 until five (5) years after expiration of the
9 Agreement or such period of time as determined appropriate by
10 the City, or; (ii) is disposed of in a manner which results in
11 the City being reimbursed in the amount of the current fair
12 market value of the property less any portion thereof attribut
13 able to expend iture of, or improvement to, the property by such
14 reimbursement is not required after the period of time specified
15 in accordance with (i) noted above.
16 17. Hold Harmless.
17 Subrecipient agrees to indemnify, save and hold harm-
18 less the City and its employees and agents from all liabilities
19 and charges, expenses (including counsel fees), suits or losses,
20 however occurring, or damages, arising or growing out of the use
21 of or receipt of funds paid under this Agreement and all opera-
22 tions under this Agreement. Payments under this Agreement are
23 made with the understanding that the City is not involved in the
24 performance of services or other activities of the Subrecipient.
25 Subrecipient and its employees and agents are independent con-
26 tractors and not employees or agents of City.
27 18. Amendment.
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This Agreement may be amended or modified only by writ-
ten Agreement signed by both parties, and failure on the part of
either party to enforce any provision of this Agreement shall
not be construed as a waiver of the right to compel enforcement
of any provision or provisions.
19. Assiqnment.
This Agreement shall not be assigned by Subrecipient
without the prior written consent of City.
20. Notices.
All notices herein required shall be in writing and
delivered in person or sent certified mail, postage prepaid,
addressed as follows:
As to City:
As to Subrecipient:
Director
15 Community Development Dept.
City Hall, Fifth Floor
16 300 North liD" street
San Bernardino, Calif. 92418
Mr. Lowell R. Jameson
Executive Director
Legal Aid Society of San
Bernardino, Inc.
150 West 5th st., Ste. 108
San Bernardino, CA 92401
17
18 21. Evidence of Authoritv.
19 Subrecipient shall provide to City evidence in the form
20 of a certified copy of minutes of the governing body of Subreci-
21 pient, or other adequate proof, that this Agreement has been
22 approved in all its detail by the governing body of the Subreci-
23 pient, that the person(s) executing it are authorized to act on
24 behalf of SUbrecipient, and that this Agreement is a binding
25 obligation on Subrecipient.
26 22. Certification and Assurance.
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Subrecipient shall comply with the program requirements
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attached hereto as Exhibit "C" which are incorporated by refer-
ence as though fully set forth at length and made a part of this
Agreement by execution of all certifications and assurances of
the CDBG program.
23. Entire Aqreement.
This Agreement and any document or instrument attached
hereto or referred to herein integrates all terms and conditions
mentioned herein or incidental hereto, and supersedes all nego-
tiations and prior writing with respect to the subject matter
hereof. In the event of conflict between the terms, conditions
or provisions of this Agreement, and any such document or in-
strument, the terms and conditions of this Agreement shall pre-
vail.
24. No Third Party Beneficiaries.
No third party shall be deemed to have any rights here-
under against any of the parties hereto as a result of this
Agreement.
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CDBG AGREEMENT BETWEEN CITY AND THE LEGAL
AID SOCIETY OF SAN BERNARDINO, INC.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first hereinabove written.
,.r:
ATTEST:
~//m{f~/
C1 Y Clerk
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13 Approved as to form
and legal content:
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16 By:
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SUBRECIPIENT ;'
1./
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~reSide
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cretary
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LEGAL AID SOCIETY OF SAN BERNARDINO, INC.
150 WeSI Fifth Street, Suite 108 0 San Bcmordino, California 92401 0 Telephone (714) 888-6791
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.
,
PROJECT / ACTIY ITV DESCR I PTION
The Legal Aid Society of San Bernardino, Inc., a nonprofit SOl(c)(3)
corporation, has been serving low-fncome citizens of San Bernardfno County
since 1953. Since 1977, the Society has operated a legal aid clinic, which
is presently located at 354 West 6th Street in San Bernardfno. On alternate
Tuesday evenings, eight or nine volunteer attorneys provide legal assfstance
to clients. Clients sign in between 5:30 and 6:30 p.m. and, after processing
(eligibility screening) are seen 9n a first-come,. first-served basis. All
eligible (see attached gu'delines) clients see an attorney at this time.
After interview, the attorney directs actions within the capability of the
clinic. The actions recommended usually include the preparatfon and typing
of court documents for filing. Attorneys do not make court appearances, but
provide advice and documentation so'that the client can represent himself !!
pro per. Most .fndfgent clfents need help with family law problems, f.e.,
dissolutions, child custody, child support and related matters. Other types
of cases include landlord/tenant, civil sufts and consumer complafnts, credit,
social security and guardianship.
A storefront operation is conducted during regular business hours,
Monday through Frfday. The clfnic fs open 9:00 a.m. to 12:00 noon for fntake,
and from 1:00 to 5:00 p.m. by appointment. During the past year, 73 attorneys
have worked as volunteers fn this effort.
.-"
"
A Non-profit affiliate of the San Bernardino County Bar Association. All Donations Tax Exempt
EXHIBIT "A"
^
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LEGAL AID SOCIETY OF SAN BERNARDINO, INC.
ISO Weat Fiflh Street. Suite 108. San Il<mardino. California 92401 . Tetephone (714) 888-6791
BUDGET
FY 1989-1990
INCOME
Inland Counties Legal Services
State Bar Trust Fund
County Block Grant
Attorney Contributions
Miscellaneous Income
TOTAL
47,659.00
78,613.00
50,000.00
2,000.00
10,000.00
18B ,272.00 "
EXPENSES
Space
Payroll
Payroll Taxes/Medical Insurance
Administration
Telephone
Office Supplies
Office Equipment
Typi ng Servi ces
Printing / Reproduction
Repair/Maintenance
Audit/Bookeepin~
Insurance
Travel/Meetings
Community/Education (Tel-law)
Miscellaneous
12,000.00
86,300.00
16,000.00
25,000.00
3500.00 "
10,000.00
2,000.00
9,000.00
1,100.00
5,000.00
3,000.00
5,000.00
"1,500.00
4,150.00
4,722.00
'.
TOTAL
188,272.00
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A NOII-profll aDillart 01 tilt Sa. Btmardina C"".ry Bar AnodallOll . All Donollo.. TIU' E.umpl
EXHIBIT 'B'
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CItY OP 8AX BIJUOJU)IJIO
CO)O(OlUtY DI'nLOPUJrI DIPUTHlJrI
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CO)OfUNI'1'Y DEVELOPHEJrI Bl,OCJt GRAJrI
PROGRAX REQUIREMENT8
FOR
S OllRECI PIENT'
Prepared, Februarr, 198'
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EXHIBIT "e"
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CDBG PROCIWI
Supplemental Intor-ation
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April 10 -- for period covering January I, to
March 31, ot program year.
July 10 -- for period covering April 1 to June
30, at program year.
Znclude the following:
a) One (1) completed Activity Report (form nWllber 802).
b) One (1) competed Direct Benefit Report (fon number
045(a).
e) One (1) completed Contract and Subcontract Activity Report
(form OMB 2506-006). (For construction projects only.)
It is the responsibility of the subrecipient to prepare and
submi t the required reports by the above stated deadlines in
order to keep City staff informed of any changes to the
funded program(s).
Program HoDi torillg
One of the City's "responsibilities is to monitor each
subrecipient at least once a year. Not only are the .
Wlonitoring visits intended to ensure each agency's continued
compliance with CDBG requirements, but also serve a8 an
opportunity for City staff to become more knowledgeable.of
each agency's program(s) . The monitoring visits also serve
as an OPportunity to provide information to other City staff,
~e Mayor and Common Council and other interested persons.
Listed below is typical information City staff will be
seeking, observations that might be made, and items we may
wish to review:.
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a) The accomplishment(s) of the program(s) to date.
b) Whether or not program objectives are being _et.
e) That the intended client group is being served.
d) The number of people on staff.
e) The existence and maintenance of client files.
f) Assistance City staff can provide.
Xn addition to monitoring each agency once a year, the City
of San Bernardino Community Development Department reserves
the right to have its internal auditor conduct an onsite
audit of the program as part of the its annual audit of all
CDBG funds pursuant to Federal Regulations.
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Although the teras "monitoring" and "audit" may appear
somewhat foraldabl., please be assured that your agency will
tHe notified in advance of any request for a monitoring visit.
Also, please be advised that representatives fro. HUD monitor
the CDBG program every year. During HUD visit(s), they may
wish to monitor on. (1) or more of the City's subrecipients.
I~ your agency should be selected, you will be notified in
advance in order to arrange a mutually convenient time.
Proqram Iludql\
lunother required element of your CDBG agreement with the City
is the program budget. Please submit an updated line item
budget reflectinq your approved CDBG allocation. Also,
include a copy of your overall program budqet with a summary
o~ your fundinq source(s) and the total aqency budqet. The
CDBG portion of your total program or agency budget should be
identifiable.
In past years, several aqencies have raised questions regard-
i~ minor budget modifications or adjustments. Staff
realizes that the approved budqet may require minor adjust-
ments during the life of the program and request that you
discuss proposed chanqes with Community Development Depart-
.ent staff.
Again, please be reminded that capital or non-expendable
equipment is not to be purchased with COBG funds. If you
need to acquire Such equipment, please discuss it with
COBUaunity Development Department staff.
~Cbase o~ per:ona~ ProDertvor BClUiDlDent tRead Seotion 13
of tbe COSO Aqreelll_ t
1J.l tanqible personal property having a useful life of more
than one (1) year and an acquisition cost of three hundred
dollars ($300.00) or more per unit shall be subject to the
re~irements of the Property Management Standards specified
in 24 CFR, Part 85.32, "COIIllDon Rule".
Procedure~
a) ~ll equipment and property purchased in accordance with
the above standards shall be identified as "Federal
J>roperty-nuo", (include your internal Identification
Number). Identification may be achieved by taqqing or
enqravinq the property or by any method that will result
in property Identification Number being Dermanentl~
affixed.
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b) Maintain a separate record ot all such equip..nt and
property. Information shall include.
1. Name/Description
2. Serial Nl1lIlber
3. Identification Number
4. Date Purchased
5. Purchase Price
6. Condition (i.e., excel lent/good/fa i r/poor)
7~ Characteristics (i,e., cOlor/features, etc.)
8. Physical Location (i.e., address/office/room, etc.)
c) Submit an inventory listing to the City of San Bernardino
Community Development Department each year ending June 30.
Said listing is to be submitted by July 10 following the
end of the year. The list should include all the
information included in item (b).
A writte~ request must be submitted to the City of San
Bernardino Community Development Department for any
approved purchases that are not in the originally approved
budget (see agreement). Written authorization must be
obtained from the Community Development Department by
subrecipient prior to the purchase of any equIpment,
whether or not said equIpmerit was included 1D the agency's
original budget.
d)
.) n is the responsibility of the subrecipient to maintain
and repair all property and equipment purchased with CDBG
funds. It is also the responsibility of the subrecIpIent
to identify all purchased equIpment and property with tags
or engraving, and to supply same. .
Plscal Accounting aneS AueS! t DocUlllentatioll
The City of San Bernardino Community Development Department
requires each agency to observe and comply with all account
~ rules and audit procedures as set forth in the CDec
asrreement. The following is a brIef description of the most
prominent requirements:
a) As a participant in the city of San Bernardino CDec
Program, each subrecipient agrees to keep all funds
received from the City separate from any other sources of
funding. .
b) Each subrecipient also agrees to keep records of all funds
received from the City of San Bernardino in accordance
with the procedures set forth in the "Agreement Accounting
and Administrative Handbook". A copy of the Handbook is
attached.
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Au,S! t.
Each subrecipient shall provide the City ot San Bernardino
Community Development Department with an audit report,
completed and .igned by a Certified Public Accountant. The
audit shall include all information pertinent to the CDec
funded program including any audit finding.,
The audit report shall be prepared and submitted to the City
of San Bernardino Community Development Department as soon
after the close of the year ending June 30, as i. possible,
or immediately after the subrecipient's regular audit la
completed (whichever is first).
Certification and Assurane,
Attached is a copy of the Certification and Assurance fora to
be prepared and signed by the designated governing offi-
cia1(s) of the subrecipient agency. This document la to be
attached to the CDOO agreement and shall become part of the
governing requirements.
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CITY or 8U 8ZJUfAJU)IlfO
COXHl1JfITY DEnLOPKENT DEPAltTKENT
"Certification aDd AUUUDce"
(To AccompaDY CDDO AgreemeDt)
I,
R. JAMESON EXECUTI E DIR
(Name and T tIe of Off c al)
LEGAL AID ~OCIETY OF SAN BERNARDINO.
AgencY/Organization)
, of
the
(Name of
I NC.
located at
150 W. 5th St., #108, San Bernardino, CA 92401
do hereby make the following certification and assurance to
accompany the Community Development Block Grant Agreement
between Lea 1 Aid So c i e t 0 f San Be r n a r din 0 In c . (name
of organ zation) and the C ty of San Bernard no:
a) Certify that the information booklet for CDBG Program
requirements has been read and understood; and
b) Assure that the Le al Aid S ciet of San Bernardino
(name of Agency) w 11 comply w th all govern ng requ re-
ments as stipulated herewith in the performance of the
CDBG Agreement. .
Shbl'10
( ( te)
(' /c,/5'~
, (Date)
Department
ELF/lab/3025
2/1989
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