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HomeMy WebLinkAbout1990-294 ... 1 RESOLUTION NUMBER '/fJ--ZYy' 2 RESOLUTION OF THE CITY OF Sl\N BERW\RDIH) AUl'HORIZIm AND DIRECTl:N3 THE 3 EXElCllTION OF A CD!MUNITY DEVEIDl'MENT BIDCK GRAN!' FUNDIm .llGREEMENl' Bm'WEEN THE CITY OF Sl\N BERW\RDIH) AND FRAZEE CD!MUNITY CENl'ER 4 BE IT RESOLVED BY THE MAYOR AND a:t!MJN ~L OF THE CITY OF Sl\N 5 BERW\RDIH) AS llOLIDI'IS: 6 7 section 1. (a) The Mayor of the City of San Bernardino is hereby authorized and 8 directed to execute, on behalf of the City, an agreement for Community Develop- 9 ment Block Grant funding with Frazee Community center, which agreement is 10 attached hereto as Exhibit "1", and is incorporated herein by reference as 11 though fully set forth at len;rth. The agreement provides for the granting of 12 Community Development Block Grant funds in the following amount of $20,000. 13 14 15 16 17 18 19 20 21 22 Section 2. (a) The authorizations to execute the above referenced agreement is res- irrled if the parties to the agreement fail to execute it within sixty (60) ixty days of the passage of this resolution. I HEREBY CERl'IFY that the foregoing resolution was duly adopted by the yor and Common Council of the City of San Be:imardino at a ,tc~/ I " .Y ting thereof, held on the I c't! day of , '7//4.1 1990 by the following !./~ to wit: 26 27 28 -05-90 1 - , . , RESOLUTION OF THE CITY OF SAN BERNl\RDINO AlJI'HORIZlN:; THE EXECUTION F A CDOO 1\GREEMEN1' BE'lWEEN CITY AND FRAZEE CXlMMtJNITY CENTER 1 2 COUncil Members 3 ESTRAI:lA AYES Nl'.YS ABSTAIN 4 5 FlDRES 6 lEY / v' v' ,/ / ~ ./ ILLY 7 8 9 10 11 12 13) 14 '!he foregoing resolution is hereby approved this /7e4.y Of{~, 15 990. il 16 v~ / jiauI'L~. !!t$;?l:ffi/~ ~/ City ClerJt Jfkru.L7y 19 20 AMES F. PENMAN, 21 iF ,L~ 22 : - 7- 23 ab/3961 24 25 26 27 28 -05-90 2 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~gB~~M~!f1' 'lliIS AGREEMENT is entered into effective as of this .....1- day of ,Tv/v / , 1990, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and FRAZEE COM- MONITY CENTER, a non-profit community service organization, referred to as "SUbrecipient" . City and Subrecipient agree as follows: 1. Recitals. (a) SUbrecipient has requested financial assistance from City for fiscal year 1990/1991 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 community development purposes, as defined in 24 CPR, Part 570 in accordance with federal law and regulations, and that all funds granted under this Agreement will be used for no pur- pose(s) other than those purposes specifically authorized. The specific pur- poses 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 unifonn administrative requirements, as described in 24 CPR, Part 570.502. (d) Subrecipient will carry out each activity, program and/or project in compliance with all federal laws and regulations as set forth in 24 CPR, 25 Part 570, with the following exceptions, (i) the Subrecipient does not ass\.Une 26 27 28 the environmental responsibilities of the Grantee as described in 24 CPR, Part 570.604, and; (E) the Subrecipient does not asStune the Grantee's re- sponsibilities for initiating the review process under Executive Order Nmnber 7-05-90 -1- EXHIBIT "I" . , : 1 12372. 2 (e) SUbrecipient will comply with the requirements set forth in the 3 Unifonn Relocation Assistance and Real Property Acquisition Policy Act of 4 1970, as amended, (URA) 49 CFR, Part 24 in a=rdance with federal and regu- 5 lations when atterrpting to or acquiring any building or parcel of land. Sub- 6 recipient will be required to obtain written approval from the Director of 7 Community Development prior to any activity taking place within the confines 8 of URA 49 CFR, Part 24, as amended. 9 2. Pavments. 10 City shall reimburse Subrecipient for allowable costs incurred under 11 the scope of this Agreement and applicable federal regulations, which have 12 not been paid for or reimbursed in any other manner by any other agency or 13 private source of funding. Reimbursement shall be made on a monthly basis, 14 with the total of all such reimbursements not to exceed $20,000. 15 3. Tenn. 16 'Ibis Agreement shall commence as of the date of execution by City and 17 tenninate June 30, 1991. 18 4. Use of Funds; Budqet; Travel Limitation. 19 (a) 'Ibe funds paid to Subrecipient shall be used by it solely for 20 the purposes set forth in Paragraph l(b) of this Agreement, and in a=rdance 21 with the program budget submitted by Subrecipient to the City of San Bernar- 22 dino Community Development Department, a copy of which is attached to this 23 Agreement as Exhibit "B". 'Ibis budget shall list all sources of funding for 24 the program covered by this agreement, whether from state, federal, local or 25 private sources, and shall identify which sources are paying for which speci- 26 fic portions of the program, by line-item, to the extent practicable. 27 (b) No travel expenses for out-of-state travel shall be included in 28 7-05-90 -2- this program unless specifically listed in the budget as submitted and appro- ved, and all travel expenses to be funded from funds provided hereunder shall be specifically identified as travel expenses, which shall be negotiated bet- ween the City of San Bernardino Corrrrnunity Development Department and Subreci- pient in the budget. Any travel expenses incurred by SUbrecipient above the budgeted amount or for out-of-state travel shall not be eligible for reim- bursement unless the prior written approval of the Director of Cornrmmity De- velopment of the City of San Bernardino, or hisjher designee, has been ob- tained. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 recipient from an errployee's paycheck for taxes, social security, or other 19 withholding and not irmnediately paid over to another entity, shall not be included as wages or expenses eligible for reimbursement as an allowable cost 20 until such time as the withheld taxes, social security, or other withholdings 21 are actually paid over to another entity entitled to such payment. Upon such 22 payment and the submission of evidence of such payment to the city of San 23 Bernardino Cornrmmity Development Department, such expenses shall be regarded 24 as an allowable cost, and the city shall reimburse Subrecipient for such Db- 25 ligation. 26 (e) Subrecipient shall be allowed, with the prior written approval 27 of the Cornrmmity Development Department of the City of San Bernardino, to 28 7-05-90 -3- (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(s) not specifically authorized by this Agreement. (d) Only net payroll shall be periodically reimbursed by city as an allowable cost. Reimbursement payroll shall include those hours duly autho- rized by the appropriate authority within Subrecipient's organization and, shall include funds actually receiVed by payee. Any amounts withheld by SUb- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 nake changes in the budget during the first three (3) quarters of the fiscal year, so long as Subrecipient is in compliance with section "2" of this Agreement at the time of submission of the budget modification request. A variation 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) '!he parties intend that grant funds be utilized within the time period covered by this agreement, and entitlement 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 reimbursement hereunder. '!his includes, but is not limited to, all laws and regulations relative to the fonn of organization, local business licenses and any laws and regulations specific to the business and activity carried out by Subrecipient. Reim- bursement shall not be made to a Subrecipient which is not operating in compliance with all applicable laws. Reimbursements may be subsequently paid, at the discretion of the Director of Community Development, for reimbursement costs incurred during the period when compliance is achieved before expiration of this Agreement. s. AcCOWltinq; Audit. (a) Prior to the final payment under this Agreement, and at such 7-05-90 -4- '. : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 other times as may be requested by the Director of Conununity Development of the City of San Bernardino, Subrecipient shall submit to the Director an a=rmting of the proposed and actual expenditures of all revenues from whatever source a=ruing to the organization for the fiscal year ending June 30, 1991. (b) Financial records shall be maintained by Subrecipient in a=rd- ance with Generally Accepted Accormting Principles, and in a manner which pennits City to trace the expenditures of funds to source documentation. All books and records of Subrecipient are to be kept open for inspection at any t:iIne during the business day by the City, its officers or agents, and by any representative of the United States of America authorized to audit cormnunity development block grant programs. (c) Standards for financial management systems and financial report- ing requirements established by 24 CFR, Parts 85.20 and 85.22 shall be fully corrplied with by Subrecipient. Subrecipient acknowledges that the funds pro- vided are federal funds. (d) Subrecipient's financial management system shall provide for a=urate, current and corrplete disclosure of the financial results of each program sponsored by this Agreement. It is the responsibility of Subreci- pient to adequately safeguard all assets of the program, 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 Subrecipient. Such audit must be perfonned by a Certified Public A=ountant or some other independent auditor approved in advance by the City's Director of the Community Development. 6. services Available to Residents; Monitorinq and Reportinq Proqrlllll 7-05-90 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Perfonnance. 'Ihe services of Subrecipient shall be made available to residents and inhabitants of the City of San Bernardino unless othenvise noted in Exhibit "A". No person shall be denied service because of race, color, national origin, creed, sex, marital status, or physical handicap. Subrecipient shall comply with Affinuative Action guidelines in its employment practices. Subre- cipient shall also monitor the program's activities and submit written re- ports quarterly, or more often if requested, to the Director of Community Development of the City of San Bernardino, in a=rdance with 24 CFR, Part 85.41(c) (d), and Part 85.21. Failure to provide such quarterly perfonuance reports constitutes a violation of this Agreement. Further, the processing by City of Subrecipient I s requests for reimbursement shall be halted follow- ing such breach, and shall subject Subrecipient 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 find- ing by the Director of Cormnunity Development that such failure was due to extraordinary circumstances and that such breach has been timely =ed with- out prejudice to the city. 7. Procurement Practices; Conflict of Interest. Subrecipient shall comply with pro=ement procedures and guidelines established by 24 CFR, Part 85.36(d) (1), Subrecipient "Pro=ement stan- dards". In addition to the specific requirements of 24 CFR, Part 85, Subre- cipient shall maintain a code or standards of conduct which shall govern the perfonuance of its officers, employees or agents in contracting with and ex- pending the federal grant funds made available to Subrecipient under this Agreement. Subrecipient's officers, employees or agents shall neither soli- cit nor accept gratuities, favors, or anything of monetary value from con- 7-05-90 -6- ". : 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 tractors or potential contractors. To the extent pennissable by state law, rules, arxi regulations, the standards adopted by Subrecipient shall provide for penalties, sanctions or other disciplinary actions to be applied for violations of such standards by either the Subrecipient's officers, enployees or agents, or by contractors or its agents. Subrecipient shall provide a copy of the code or standards adopted to city forthwith. Subrecipient shall undertake infornal procurement methods for purchases that do not cost more than $25,000.00, in the aggregate, which call for price or rate quotations from an adequate number of qualified sources. 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 set forth in 24 CFR, Part 570.611 arxi to the procurement rules set forth in 24 CFR, Part 85.36, in its expenditure of all funds received under this Agreement. 8. 1\nti-Kick Back Provisions; Equal Em:>lovrnent Opportunitv. 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 (18.V.S.C. 874) as supplemented in DepartJnent of Iilbor Regulations (29 CFR, Part 3). This Act provides that each contractor or subgrantee shall be prohibited from inducing, by any means, any person enplo- yed 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. 7-05-90 -7- 1 9. Prevailinq Waqe Requirement. 2 Any construction contracts awarded by Subrecipient using funds pro- 3 vided under this Agreement in excess of $2, 000.00 shall include a provision 4 for compliance with the Davis-Bacon Act (40.U.S.C. 276(a) to 276(a) 7) and as 5 supplemented by the Department of Labor Regulations (29 CFR). Under this 6 Act, contractors shall be required to pay wages to laborers and mechanics at 7 a rate not less than the minimum wages specified in a wage determination made 8 by the Secretary of Labor. In addition, contractors shall be required to pay 9 wages not less often than once a week. Subrecipient shall place a copy of 10 the current prevailing wage determination issued by the Department of Labor 11 in each solicitation and the award of a contract shall be conditioned upon 12 the acceptance of the wage determination. Subrecipient shall report all sus- 13 pected or reported violations to City. 14 10. 1IPProval of City of any Charqes; Use of Proqrarn Income. 15 (a) City hereby requires Subrecipient to notify the City, in writing, 16 of its intent to charge a fee for any service, the provision of which is as- 17 sisted pursuant to this Agreement. City requires Subrecipient to obtain the 18 prior written approval of City for any charges or fees to be charged by Sub- 19 recipient for such services, and of any rules and regulations governing the 20 provision of services hereunder. 21 (b) Program income represents gross income received by the Subreci- 22 pient directly generated from the use of the funds provided hereunder. SUch 23 earnings include interest earned all advances and may include, but will not be 24 limited to, income from service fees, sale of =mnoc1ities, usage and rental 25 fees for real or personal property purchased using the funds provided by this 26 Agreement. As to such income, it shall be first applied to eligible program 27 activities, before requests for reimbursement and, in the use, shall be sub- 28 7-05-90 n -0- 1 ject to all applicable provisions of this Agreement. Income not so applied 2 shall be remitted to City. Subrecipient shall remit all unspent program in- 3 come to the City within thirty (30) days subsequent to the end of the program 4 year (June 30, 1991). 5 11. TEIl1POrarv Withholdinq. 6 The Director of Community Development of the city of San Bernardino 7 is authorized to withhold the payment of funds to Subrecipient when the Di- 8 rector determines that any violation of this Agreement has occurred. FUnds 9 shall be withheld until the violation is corrected to the satisfaction of the 10 Director. Subrecipient shall have the right to appeal the decision of the 11 Director to the Mayor and Common Council. The sole grounds for such appeal 12 shall be that no violation of the Agreement has occurred. Subrecipient shall 13 file such appeal within fifteen (15) days after such first notice of with- 14 holding. The Mayor and Common Council shall set a date for the hearing of 15 such appeal which is within thirty (30) days following the date of filing. 16 12. Records Retention. 17 Financial records, supporting documents, statistical records, and all 18 other records pertaining to the use of the funds provided under this Agree- 19 ment shall be retained by Subrecipient for a period of three (3) years, at a 20 minimum, and in the event of litigation, claim or audit, the records shall be 21 retained until all litigation, claims and audit findings involving the re- 22 cords, have been fully resolved. Records for non-expendable property ac- quired with federal funds provided under this Agreement shall be retained for 23 three (3) years after the final disposition of such property. 24 13. Propertv Manaqement Standards. 25 Non-expendable personal property, for the purposes of this Agreement, 26 is defined as tangible personal property purchased in whole or in part with 27 funds provided under this Agreement, which has a useful life of more than one 28 7-05-90 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) year and an acquisition cost of one-thousand dollars ($1,000.00), or more per unit. Real property means land, including land :i1nprovements, structures and apPUrtenances thereto, excluding movable machinery and equipment. Non- expendable personal property and real property purchased with or :i1nproved by funds provided under this agreement shall be subj ect to the property manage- ment standards set forth in 24 crn, Part 85.32. 14. Tenni.nation for Cause. (a) City reserves the right to tenninate this Agreement in a=rdance with 24 ern, Part 85.43, and any and all grants and future payments under this Agreement, in whole or in part, at any time before the date of comple- tion of this Agreement whenever City detennines that the Subrecipient has materially failed to comply with the tems and conditions of this Agreement. In the event City 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. Subreci- pient shall be given an opportunity to appear before the Mayor and Connnon Council at the time which the Mayor and Common Council are to consider such recarnmerxled termination, and shall be given a reasonable opportunity to show cause why, if any exists, the Agreement should not be terminated for cause. Upon determination by the Mayor and Cormnon Council that the Agreement should be terminated for cause, notice thereof, including reasons for the determina- tion, shall promptly be mailed to the Subrecipient, together with infonnation as to the effective date of the tennination. Such notice may be given orally at that hearing. The detennination of the Mayor and Connnon Council as to cause shall be final. (b) In the event of any tennination whether for cause or for conven- ience, Subrecipient shall forthwith provide to the Community Development De- 7-05-90 -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 parbnent any and all documentation needed by the Community Development De- parbnent to establish a full record of all monies received by Subrecipient and to document the uses of same. 15. Tennination for Convenience. City or Subrecipient may terminate this Agreement, in a=rdance 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 expenditure 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. '!he Subrecipient shall not incur new obligations for the terminated portion after the effec- tive date and shall cancel as many outstanding obligations as possible. City shall allow Subrecipient full credit for the City'S share of the non-cancell- able obligations properly incurred by the Subrecipient prior to termination. 16. Reversion of Assets. Subrecipient agrees that upon expiration of this Agreement, the Sub- recipient shall transfer to the City any and all CDBG funds not used at the time of expiration and any accounts receivable attributable to the use of COB::; funds. Subrecipient agrees that any real property under its control, which was acquired or improved, in whole or in part, with COB::; funds in excess of $500.00 shall either, (i) be used to meet one (1) of the three (3) national objectives as set forth in 24 CFR, Part 570.208 until five (5) years after expiration of the agreement or such period of time as detennined appro- priate by the City, or; (ii) is disposed of in a manner which results in the City being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditure of, or improve- ment to, the property by Subrecipient. Such reimbursement is not required after the period of time specified, in (i) above. 7-05-90 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. Hold Harmless. SUbrecipient agrees to indenmify, save and hold hannless the City and its employees and agents from all liabilities and charges, expenses (inclucl- ing counsel fees), suits or losses, however ==ing, or damages, arising or growing out of the use of or receipt of funds paid under this Agreement and all operations under this Agreement. Payments under this Agreement are made with the understanding that the City is not involved in the perfonnance of services or other activities of the Subrecipient. Subrecipient and its em- ployees and agents are independent contractors and not employees or agents of City. 18. Amendment. This Agreement may be amended or mcxiified only by written 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 conpel enforcement of any provision or provisions. 19. Assicmment. 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 C'nmnmity Developnent Dept. City Hall, Fifth Floor 300 North 'D' street San Bernardino, Calif. 92418 Ms. Nedra Wallace, Director Frazee Communi. ty Center 1140 West Mill street San Bernardino, CA 92410 21. Evidence of Authority. 7-05-90 -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Subrecipient shall provide to City evidence in the fom of a certi- fied =py of minutes of the governing body of Subrecipient, or other adequate proof, that this Agreement has been approved in all its detail by the gOVeJ:Tl- ing 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 obli- gation on Subrecipient. 22. Certification and Assurance. Subrecipient shall comply with the program requirements attached hereto as Exhibit "C" which are incorporated by reference as though fully set forth at length and made a part of this agreement by execution of all certi- fications and assurances of the CDEG program. 23. Entire AClreement. 'Ihis Agreement and any document or instrument attached hereto or re- ferred to herein integrates all terms and conditions mentioned herein or in- cidental hereto, and supercedes all negotiations and prior writing with re- spect to the subject matter hereof. In the event of conflict between the tenus, conditions or provisions of this Agreement, and any such document or instrument, the tenus and conditions of this Agreement shall prevail. 24. No Third Party Beneficiaries. No third party shall be deemed to have any rights hereunder against 21 any of the parties hereto as a result of this Agreement. 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 28 7-05-90 -13- CDBG 1\GREEMEN1' BETWEEN CITY OF SAN DERN1IRDIN::l AND FRAZEE CXlMMllNITY CENI'ER 1 3 4 5 6 7 8 the day and year first hereinabove written. 2 IN WITNESS WHEREOF, the partie"; hereto have executed this agreement on ATl'EST: , .tAa&&FlO--. (Y{uWv ~A!t?Zf$. ~ CJ.ty cled"{1 l~t.'7 9 10 11 12 13 14 Approved as to fom and legal content: 15 JAMES F. PENMAN, 16 City Attorney By:L7./~._ 17 18 (J 19 20 21 22 23 24 25 26 27 28 7/05/90 -14- / CITY OF SAN BERNARDDp/ -/d/ By(",/ .' t/ Ie I / //: WIR./Holcomb, May'or , City of San Bernardino SUBRECIPIENl' \ '? -;0" BY: 4v~J .' .~ / President! v' L BYda-n';v;('~~-P7.",.A '< {/ ecretary COBG PROPOSAL APPLlr.ATION Communi ty Developm\ Department Page -2- SCOPE OF SERVICES c) Describe the specific purpose of the project, identify- ing the problems the project is intended to solve: To sprve low-income - no-income persons who are in emergency situations, with emerQencv food boxes. medecial clinic, soup kitchen, -clothes closet bus tokens, emergency shelter, to help them seek employment and pe~manent housing, To interact wlth other agencies that provide helD for low-income - no-income persons. III. Project Benefit To be eligible for CDBG funding, a project must qualify within at least one (1) of the three (3) following cate- gories. Check the one (or more) under which the project qualifies: '," .,.. 07/05/90 EXHIRIT n A n ellT 01 SAM IEIN"OIMO Cl>1G IOONlNLT ItrlG.lI IIUKI>OW Annual _1M YlAJ: 1 QOn_Ql 1UI11el'l!N1 Frazee COlTT11uni tv Center SOURC E : COBG A.~'4 bS~ v. ~rsn. ~~~ ................................................. ........ n row... _.'> ....... ........ ....... AIO:UII IT /UNO I.G SOAUII ................................................. .~~.1~a Mm. :WlQ.. .~.10~ .1Mi. "....... ....... ..~4 'UlE IIAMIE 40 S 10S 14 S 20s 16 S , S = 100 1. Nedra Wallace 3200 800 1120 1600 1280 800 2. Shirley Baker 2400 600 840 1200 960 600 3. Gretchen Mellon 1280 320 448 640 512 320 ~1~9r~.~~r:i.............................. ..l.7~a. ..:W". .9D.1.. ..Jl.9i1.. mfi~H. :........ a..::." mA~~ SALAlY SUlT01AlS: I I lQl.1.. I I I I I ............::::..................::................ .. ~AQ~.. 1.1.~". .~;m.. ..~~A~. "'I""." :1"''''''':1:_= ..f).~~ ,. II CA/SUI 917 229 321 458 367 229 5. LIIE/NEILIH/DENTAL ..S. 197 69 99 79 49 49 6. OTNEI 486 171 243 194 121 Workmen Camp. Ins. 121 ..............:.................................. ..11...... ....... .::..... I....... ....... ......... lIaaaaaa.. .a..aat SllAlT & IENEIITS TOTALS: f0208 ~2>51 15'74 ~104 :1QJ1.~. I S S 2552 ...a......a..sll..............................a.... ......... ....... ......... ..a...:a ........ .........: ....... 7. ACCOUNT I NG/lOOKEE'1 "G 800 200 280 400 320 200 .. I[NT 9. UTILITIES 1600 400 560 '800 640 400 10. I.SlJR....U 1000 250 350 500 400 250 , II. OIffeE SUl'PlIES 320 80 112 160 128 80 12. Food & Emegency Assistance 5000 1250 1750 2500 2000 1250 n'postage 48 12 17 24 19 12 14.Bu. ld' maintenance 480 120 168 240 192 120 1 lng T5. T6. 17. 1&. . .=:az.=",====...1I=1II=1II=.=1II..1II111.:=.:lIIa.===a2a=:1II==== s====.a2 1II.1II=a:lII= :.2==,.1II .s:=:=.. zaaalll== =====.." .....s:: aa:::.. MONTHLY GlAND 10TAlSi ~ 9456 \1863 !6811 S 9728 '7782 S S S 4864 ..S==Z==="'===...=====:==.lII==lII======S=====:=..:=== b...lII::.lI ===_===._==:..:*=_.==.:1II.: ..a...: b_s.=.=.~ .s....: =....e. o S o o o o o 2 3 5 o o o o o o o o o 1)7/05/90 EXHIBIT "B" CITY 01' SAJI BERNARDINO COMMUNITY DEVELOPXENT DEPARTMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM REQUIREMENTS FOR SUBRECIPIENTS prepared: February, 1989 EXIllBIT 'C' CITY OF SAN BERNARDINO COMMUNITY DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Supplemental Information for Subrecipient As a successful applicant of the city of San Bernardino FY 1989/1990 Community Development Block Grant (CDBG) Program, you are not only agreeing to provide the services as stated in your application, but also to abide by the CDBG Program requirements and responsibilities. To further assist you in understanding said requirements and responsibilities, the following summaries and attachments have been prepared to introduce to or update you on each item. Additionally, this instructional package will reQUire your governing body designated official to read and sign his/her signature as part of the CDBG agreement. Monthlv Request for Reimbursement Deadline: Due the fifth (5th) day after end of each calen- dar month unless otherwise stated in the CDBG agreement. Include the following: a) One (1) completed Request for Reimbursement form. b) One (1) copy of all checks issued that are being reimbursed. c) One (1) copy of all bills/receipts that support check(s) issued. d) One (1) copy of all payroll check(s) that are being reim- bursed. e) One (1) copy of all check stubs, accounting ledgers, and/or other documentation that reflect gross salary and all deductions for each check(s) issued. f) One (1) page narrative describing activities undertaken during the month included for reimbursement. In response to its part of each agreement, the City agrees to pay all invoices within thirty (30) days after it receives the invoice provided the City is satisfied all expenses have been incurred within the scope of the executed agreement and that the subrecipient continues to comply with the terms and conditions of the CDBG agreement. (Generally, invoices are processed within ten (10) days of receipt of same.) The City reserves the right to defer processing of invoices and withhold payments until all required reports, statements, and/or certificates have been submitted and, where necessary, approved. 2 CDBG PROGRAM Supplemental Information a) All accounting records and evidence pertaining to all costs of each subrecipient and all documents related to the CDBG agreement shall be retained and available for three (3) years following the completion of the funded program. b) Each subrecipient agrees to allow the city of San Bernar- dino Community Development Department to audit the funded program as part of its annual audit of all CDBG funds pursuant to federal regulations set forth in Title 24 of the Code of Federal Regulations. Reports/Reportinq Requirements and Records/Record Keepinq Requirements While staff realizes that report writing and record-keeping are not the most desirable aspects of any program, it is one vehicle that provides a measure of program progress and accomplishments. Thus, all subrecipients participating in the CDBG Program are required to provide the City of San Bernardino Community Development Department with written reports of its activities on or before the tenth (lOth) day of October, January, April and July of any given program year for the previous three (3) month period in addition to a final report when the agreement terminates. All reports shall include information on program activities, accomplish- ments, new program information and current program statistics on expenditures, case loads and activities of the reporting period. Each subrecipient is also required to maintain monthly records of all ethnic and racial statistics of persons and families assisted by its program(s). This monthly record shall include data on the number of low and moderate income persons and households assisted, (as determined by federal income limits), number of female-headed households, and number of senior citizens assisted. As mentioned earlier, each subrecipient is required to keep all accounting records and evidence pertaining to all costs for three (3) years following completion of the funded program. Ouarter1v Reports Deadlines: October 10 -- for period covering July 1, to September 30, of program year. January 10 -- for period covering October 1, to December 31, of program year. 3 CDBG PROGRAM Supplemental Information April 10 -- for period covering January 1, to March 31, of program year. July 10 -- for period covering April 1 to June 30, of program year. Include the following: a) One (1) completed Activity Report (form number 802). b) One (1) competed Direct Benefit Report (form number 045(a) . c) 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 submit the required reports by the above stated deadlines in order to keep city staff informed of any changes to the funded program(s). Proqram Monitorinq One of the City's responsibilities is to monitor each subrecipient at least once a year. Not only are the monitoring visits intended to ensure each agency's continued compliance with CDBG requirements, but also serve as 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, the 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: a) The accomplishment(s) of the program(s) to date. b) Whether or not program objectives are being met. c) 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. In 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. 4 -. . CDBG PROGRAM Supplemental Information Although the terms "monitoring" and "audit" may appear somewhat formidable, please be assured that your agency will be notified in advance of any request for a monitoring visit. Also, please be advised that representatives from HUD monitor the CDBG program every year. During HUD visit(s), they may wish to monitor one (1) or more of the City's subrecipients. If your agency should be selected, you will be notified in advance in order to arrange a mutually convenient time. Proqram Budqet Another required element of your CDBG agreement with the city is the program budget. Please submit an updated line item budget reflecting your approved CDBG allocation. Also, include a copy of your overall program budget with a summary of your funding source(s) and the total agency budget. The CDBG portion of your total program or agency budget should be identifiable. In past years, several agencies have raised questions regard- ing minor budget modifications or adjustments. Staff realizes that the approved budget may require minor adjust- ments during the life of the program and request that you discuss proposed changes with Community Development Depart- ment staff. Again, please be reminded that capital or non-expendable equipment is not to be purchased with CDBG funds. If you need to acquire such equipment, please discuss it with Community Development Department staff. Purchase of Personal Property or Equipment (Read Section 13 of the CDBG Aqreement All tangible 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 requirements of the Property Management Standards specified in 24 CFR, Part 85.32, "Common Rule". Procedures a) All equipment and property purchased in accordance with the above standards shall be identified as "Federal Property-HUD", (include your internal Identification Number). Identification may be achieved by tagging or engraving the property or by any method that will result in property Identification Number being permanently affixed. 5 .- ~. CDBG Program Supplemental Information b) Maintain a separate record of all such equipment and property. Information shall include: 1. Name/Description 2. Serial Number 3. Identification Number 4. Date Purchased 5. Purchase Price 6. Condition (i.e., excellent/good/fair/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 endinq June 30. Said listing is to be submitted by Julv 10 following the end of the year. The list should include all the information included in item (b). d) A written 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 equipment was included in the agency's original budget. e) It 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. Fiscal Accountinq and Audit Documentation The City of San Bernardino Community Development Department requires each agency to observe and comply with all account ing rules and audit procedures as set forth in the CDBG agreement. The following is a brief description of the most prominent requirements: a) As a participant in the City of San Bernardino CDBG Program, each subrecipient agrees to keep all funds received from the city separate from any other sources of funding. b) Each subrecipient also agrees received from the city of San with the procedures set forth and Administrative Handbook". attached. to keep records of all funds Bernardino in accordance in the "Agreement Accounting A copy of the Handbook is 6 . , .. CDBG Program Supplemental Information Audits Each subrecipient shall provide the City of San Bernardino Community Development Department with an audit report, completed and signed by a Certified Public Accountant. The audit shall include all information pertinent to the CDBG funded program including any audit findings. 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 is possible, or immediately after the subrecipient's regular audit is completed (whichever is first). Certification and Assurance Attached is a copy of the Certification and Assurance form to be prepared and signed by the designated governing offi- cial(s) of the subrecipient agency. This document is to be attached to the CDBG agreement and shall become part of the governing requirements. 7 ~ I. I .' CITY OF SAN BERNARDINO COMMUNITY DEVELOPMENT DEPARTMENT "Certification and Assurance" (TO Accompany CDBG Agreement) I, NEDRA WALLACE, EXECUTIVE DIRECTOR (Name and Title of Official) the FRAZEE COMMUNITY CENTER (Name of Agency/Organization) , of located at 1140 West Mill Street, San Bernardino, CA 92410 do hereby make the following certification and assurance to accompany the Community Development Block Grant Agreement between FRAZEE COMMUNITY CENTER (name of organization) and the City of San Bernardino: a) Certify that the information booklet for CDBG Program requirements has been read and understood; and b) Assure that the FRAZEE COMMUNITY CENTER (name of Agency) will comply with all governing require- ments as stipulated herewith in the performance of the CDBG Agreement. .~ ~ .fd/ ;:r:~hakk?"-.. (Signature of Official) v9~/~ Community Development Department 7- ;);f - YZ' (Date) /~ .?- b _ <;;0 (Date) ELF/lab/3025 2/1989 8