HomeMy WebLinkAbout1990-300
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RESOLUTION NUMBER 'i0~3cJ
2 RESOLUTION OF THE CITY OF SAN BERNlIRDDD AtmDRIZIN3 AND DIRECTING THE
EXECtlTION OF A cnooJNITY DEVEIDPMENl' BIIX:K GRl\Nr FUNDIN3 l\GREEMENl' BETIiEEN THE
3 CITY OF SAN BERNlIRDDD AND :MEl\IlOlmRJOK AMl\TEtJR OOXIN3 JICNlEMY, Dk:l.
4 BE IT RESOLVED BY THE MAYOR AND CXlMlt:lN OOUK:IL OF THE CITY OF SAN
BERNlIRDDD lIB FOLIDWS:
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section 1.
(a) '!he Mayor of the City of San Bernardino is hereby authorized and
directed to execute, on behalf of the city, an agreement for Community Develop-
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lOOI1t Block Grant fuOOing with Meadowbrook Amateur Boxing Academ!J, Inc., which
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agreement is attached hereto as Exhibit "1", and is incorporated herein by
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reference as though fully set forth at length. '!he agreement provides for the
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granting of Community Development Block Grant ft.1OOs in the following amount of
$15,000.
section 2.
(b) '!he authorizations to execute the above referenced agreement is res-
cinded if the parties to the agreement fail to execute it within sixty (60)
sixty days of the passage of this resolution.
I HEREBY CERl'IFY that the foregoing resolution was duly adopted by the
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Mayor and Conunon Council of the City of San ~ino at a /~q'<<dt/
:: meeting thereof, held on the !.i.d. day of, '-?l- 1990 by the following
vote, to wit: . /'
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RESOLUTION OF THE CITY OF SAN Bi!:iuwIDim AtlTRJRIZIm THE EXECUTION
OF A CDBG 1lGREEMENT BETWEEN CITY AND MEAIlClWBROOK AMM'EUR BOXING 1\Cl\DEMY, me.
1 Council Members
2 ESTRAIll\.
3 REILLY
4 FIDRFS
5 MAUOOIEY
6 MINOR
7 FOPE-lDDUIM
8 MILLER
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AYES
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NAYS
ABSTAIN
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.t~~ l!i1u/;.;t;~ ~/
/ city Clerk jJl~I/TY.
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;!. (\ /
The foregoing resolution is hereby approved this ;;71 '-€lay ofi,JJ:.t/
14 1990. ! /~
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18 Approved as to fom and
legal content:
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JAMES F. PENMAN,
20 City ttorney
21 By:
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~g.BEEHE~~
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\ nUs AGREEMENT is entered into effective as of this~c.day of
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~, 1990, at San Bernardino, California, between the CITY OF SAN
~~, a IlIUIlicipal corporation, referred to as "City", and ME:lIromROOK
AMATEUR OOXING ACADEMY, mc., a non-profit conununity 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 conununity development purposes, as
defined in 24 CFR, Part 570 in accordance with federal law and regulations,
and that all funds granted urrler this Agreement will be used for no pur_
pose(s) other than those purposes specifically authorized. '!he 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 catply with applicable unifonn administrative
requirements, as described in 24 CFR, Part 570.502.
(d) Subrecipient will carry out each activity, program and/or project
in catpliance with all federal laws and regulations as set forth in 24 CFR,
Part 570, with the following exceptions, (i) the Subrecipient does not assume
the environmental responsibilities of the Grantee as described in 24 CFR,
Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's re-
sponsibilities for initiating the review process under Executive Order Number
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EXHIBIT "t"
1 12372 .
2 (e) SUbrecipient will comply with the requirements set forth in the
3 unifoDll Relocation Assistance and Real Property Acquisition Policy Act of
4 1970, as amended, (URA) 49 CFR, Part 24 in accordance with federal and regu_
5 lations when attempting to or acquiring any building or parcel of land. Sub-
6 recipient will be required to obtain written approval from the Director of
7 Canununity 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 =nthly basis,
14 with the total of all such reimbursements not to exceed $15,000.
15 3. Tenn.
16 This Agreement shall commence as of the date of execution by City and
17 teD!linate June 30, 1991.
18 4. Use of Funds: Budcret: Travel Limitation.
19 (a) The 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 accordance
21 with the program budget submitted by Subrecipient to the City of San Bernar-
22 dino Canununity Development Department, a copy of which is attached to this
23 Agreement as Exhibit "B". This 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 fie 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
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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 Conununity Development Deparbnent and Subreci-
pient in the budget. Any travel expenses incurred by Subrecipient above the
budgeted amonnt or for out-of-state travel shall not be eligible for reim-
bursement unless the prior written approval of the Director of Conununity De-
velopment of the City of San Bernardino, or hisjher designee, has been 0b-
tained.
(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 purpc>se(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 amonnts withheld by SUb-
recipient from an enployee's paycheck for taxes, social security, or other
withholding and not iImnediately paid over to another entity, shall not be
included as wages or expenses eligible for reimbursement as an allowable cost
nntil such time as the withheld taxes, social security, or other withholdings
are actually paid over to another entity entitled to such payment. Upon such
payment and the submission of evidence of such payment to the City of San
Bernardino Conununity Development Deparbnent, such expenses shall be regarded
as an allowable cost, and the City shall reimburse Subrecipient for such ob-
ligation.
(e) Subrecipient shall be allowed, with the prior written approval
of the Community Development Deparbnent of the City of San Bernardino, to
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1 make changes in the budget during the first three (3) quarters of the fiscal
2 year, so long as Subrecipient is in COll'pliance with Section "2" of this
3 Agreement at the time of submission of the budget m:xlification request. A
4 variation in the itemization of costs, as set forth in the budget submitted
5 to City by Subrecipient, not to exceed ten percent (10%) as to any particular
6 line item, shall be allOWed provided that the prior written approval of the
7 Director of Community Development of the City of San Bernardino is obtained,
8 it being understood that the total amount of the grant shall not be varied
9 thereby.
10 (f) '!he parties intend that grant fun:'Is be utilized within the time
11 period covered by this agreement, and entitlement to any fun:'Is not expended
12 or obligated shall revert to the City. No reserve for the future shall be
13 established with the fun:'Is except as may be authorized to meet connnitInents
14 made for seJ:Vices provided during the period of this Agreement, but not yet
15 paid for at the conclusion of this Agreement.
16 (g) Subrecipient shall remain in COll'pliance with all state, federal
17 and local laws prior to the receipt of any reimbursement hereurr:ier. 'Ihis
18 includes, but is not limited to, all laws and regulations relative to the
19 fonn of organization, local business licenses and any laws and regulations
20 specific to the business and activity carried out by Subrecipient. Reim-
21 bursement shall not be made to a Subrecipient which is not operating in
22 COll'pliance with all applicable laws. Reimbursements may be subsequently
23 paid, at the discretion of the Director of Community Development, for
24 reimbursement costs incurred during the period when COll'pliance is achieved
25 before expiration of this Agreement.
26 5. Acoountinq~ Audit.
27 (a) Prior to the final payment under this Agreement, and at such
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other times as may be requested by the Director of Community Development of
the City of San Bernardino, Subrecipient shall submit to the Director an
a=ting of the proposed and actual expenditures of all revenues from
whatever source accruing to the organization for the fiscal year ending June
30, 1991.
(b) Financial reccrds shall be maintained by Subrecipient in accord-
ance with Generally Accepted Accounting Principles, and in a manner which
pennits City to trace the expenditures of funds to source documentation. All
books and reccrds of Subrecipient 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 report-
ing requirements established by 24 ern, Parts 85.20 and 85.22 shall be fully
COIlplied with by Subrecipient. Subrecipient acknowledges that the funds pro-
vided are federal funds.
(d) Subrecipient's financial management system shall provide for
accurate, =ent and COIlplete 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 performed by a
Certified Public Accountant or some other independent auditor approved in
advance by the City'S Director of the CoImnunity D=velopment.
6. services Available to Residents: Monitorincr and Reoortincr ProQ,LCIIIl
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1 Perfonnance.
2 The 8el:Vices of SUbrecipient shall be made available to residents and
3 inhabitants of the City of San Bernardino unless otherwise noted in Exhibit
4 "A". No person shall be denied 8el:Vice because of race, color, national
5 origin, creed, sex, marital status, or physical handicap. SUbrecipient shall
6 conply with Affirmative Action guidelines in its employment practices. SUbre-
7 cipient shall also monitor the program's activities and submit written re-
8 ports quarterly, or more often if requested, to the Director of Canmunity
9 Development of the city of San Bernardino, in a=rdance with 24 em, Part
10 85.41(c) (d), and Part 85.21. Failure to provide such quarterly performance
11 reports constitutes a violation of this Agreement. Further, the processing
12 by City of SUbrecipient's requests for reimbursement shall be halted follow-
13 ing such breach, and shall subject Subrecipient to temporary withholding as
14 provided for in Paragraph 11 hereof. City re8el:Ves the right to waive such
15 breach, without prejudice to any other of its rights hereunder, upon a find-
16 ing by the Director of Camnnlnity Development that such failure was due to
17 extraordinary ci.=tances and that such breach has been timely =ed with-
18 out prejudice to the city.
19 7. Procurement Practices: COnflict of Interest.
20 SUbrecipient shall conply with procurement procedures and guidelines
21 established by 24 em, Part 85.36(d) (1), Subrecipient "Procurement stan-
22 dards". In addition to the specific requirements of 24 em, Part 85, SUbre-
23 cipient shall maintain a code or standards of conduct which shall govern the
24 performance of its officers, employees or agents in contracting with and ex-
25 pending the federal grant funds made available to SUbrecipient under this
26 Agreement. SUbrecipient's officers, employees or agents shall neither soli-
27 cit nor accept gratuities, favors, or anything of monetary value from con-
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tractors or potential =ntractors. To the extent pennissable by state law,
rules, and regulations, the staOOards adopted by Subrecipient shall provide
for penalties, sanctions or other disciplinary actions to be applied for
violations of such staOOards by either the Subrecipient's officers, employees
or agents, or by =ntractors or its agents. Subrecipient shall provide a
=py of the oode or staOOards adopted to City forthwith. Subrecipient shall
undertake infonnal procurement methods for purchases that do not =st IOOre
than $25,000.00, in the aggregate, which call for price or rate quotations
from an adequate mnnber of qualified sources. 'Ibe Subrecipient shall be
alert to organizational =nflicts of interest or non-campetitive practices
aIOOng =ntractors which may restrict or eliminate conpetition or otherwise
restrain trade. Subrecipient agrees to adhere to =nflict 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. 1\nti-Kick Back Provisions; Eaual &rIPlovment OcDortunitv.
All =ntracts for =nstroction or repair using funds provided under
this Agreement shall include a provision for conpliance with the Copeland
"Anti-Kick Back" Act (18.V.S.C. 874) as supplemented in Department of labor
Regulations (29 CFR, Part 3). 'Ibis Act provides that each =ntractor or
subgrantee shall be prohibited from inducing, by any means, any person emplo-
yed in the =nstroction, conpletion or repair of public work, to give up any
part of the conpensation to which he/she is otherwise entitled. Subrecipient
shall report all suspected or reported violations to City. All =ntracts in
excess of $10,000.00 entered into by Subrecipient using funds provided under
this Agreement shall =ntain a provision requiring conpliance with Equal
Employment Opportunity provisions established by Executive Order NLunber
11246, as amended.
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9. Prevailincr Wacre Reauirement.
~ construction contracts awarded by SUbrecipient using funds pro-
vided 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 Department of Labor Regulations (29 CFR). Under thi,.s
Act, contractors shall be required to pay wages to laborers and mechanics at
a rate not less than the mininunn wages specified in a wage detennination made
by the Secretary of Labor. In addition, contractors shall be required to pay
wages not less often than once a week. SUbrecipient shall place a copy of
the current prevailing wage detennination issued by the Department of Labor
in each solicitation and the award of a contract shall be conditioned upon
the acceptance of the wage detennination. SUbrecipient shall report all sus-
pected or reported violations to city.
10. APProval of City of any Charcres; Use of Procnalll Incane.
(a) City hereby requires SUbrecipient to notify the City, in writing,
of its intent to charge a fee for any seJ:Vice, the provision of which is as-
sisted pursuant to this Agreement. city requires Subrecipient to obtain the
prior written approval of City for any charges or fees to be charged by Sub-
recipient for such seJ:Vices, and of any rules and regulations governing the
provision of seJ:Vices hereunder.
(b) Program income represents gross income received by the SUbreci-
pient directly generated from the use of the funds provided hereunder. Such
earnings include interest earned on advances and may include, but will not be
limited to, income from seJ:Vice fees, sale of COl11lllOdities, usage and rental
fees for real or personal property purchased using the funds provided by this
Agreement. As to such income, it shall be first applied to eligible program
activities, before requests for reimbursement and, in the use, shall be sub-
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ject to all applicable provisions of this Agreement. Income not so applied
shall be remitted to City. Subrecipient shall remit all unspent program in-
come to the City within thirty (30) days subsequent to the end of the program
year (June 30, 1991).
11. TE!II1POrarv wi thholdinq.
The Director of Conununity Development of the city of San Bernardino
is authorized to withhold the payment of funds to Subrecipient when the Di-
rector detennines that any violation of this Agreement has occurred. Funds
shall be withheld until the violation is corrected to the satisfaction of the
Director. Subrecipient shall have the right to appeal the decision of the
Director to the Mayor and Canunon Council. The sole grounds for such appeal
shall be that no violation of the Agreement has occurred. Subrecipient shall
file such appeal within fifteen (15) days after such first notice of with-
holding. The Mayor and Common 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 doctnnents, statistical records, and all
other records pertaining to the use of the funds provided under this Agree_
ment shall be retained by Subrecipient 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 involving the re-
cords, have been fully resolved. Records for non-expendable property ac-
quired with federal funds provided under this Agreement shall be retained for
three (3) years after the final disposition of such property.
13. Property Manaqernent standards.
Non-expendable personal property, for the purposes of this Agreement,
is defined as tangible personal property purchased in whole or in part with
funds provided under this Agreement, which has a useful life of more than one
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(1) year and an acquisition cost of one-thousand dollars ($1,000.00), or more
per unit. Real property means land, including land inprovements, structures
and appurtenances thereto, excluding movable machinery and equipment. Non-
expendable personal property and real property purchased with or inproved by
funds provided under this agreement shall be subject to the property manage-
ment standards set forth in 24 CFR, Part 85.32.
14. Tenni.nation for Cause.
(a) City reserves the right to terminate this Agreement in a=rdance
with 24 CFR, 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 conple-
tion of this Agreement whenever City detennines that the SUbrecipient has
materially failed to conply with the tenus and conditions of this Agreement.
In the event City seeks to terminate this Agreement for cause, City shall
pI'Ollptly 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 Common
Council at the time which the Mayor and Common Council are to consider such
recommerxJ.ed 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 Common Council that the Agreement should
be terminated for cause, notice thereof, including reasons for the determina-
tion, shall pI'Ollptly be mailed to the Subrecipient, together with infonnation
as to the effective date of the termination. SUch notice may be given orally
at that hearing. '!he 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 conven-
ience, SUbrecipient shall forthwith provide to the Community Development [)e-
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partment any and all documentation needed by the Community Development De-
partment 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 =nnensurate
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 tenninations, the portion to be terminated. The SUbrecipient
shall not in= 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 in=red 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 COB::; funds not used at the
time of expiration and anya=unts 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 COOO 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; (E) is disposed of in a manner which results in the
City being reimbursed in the amount of the =rent fair market value of the
property less any portion thereof attributable to expenditure of, or improve-
ment to, the property by Subrecipient. SUch reiJnbursement is not required
after the period of time specified, in (i) above.
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17. Hold Hannless.
Subrecipient agrees to indemnify, save and hold haDnless the City and
its enployees and agents from all liabilities and charges, expenses (includ-
ing counsel fees), suits or losses, however occurring, or damages, arising or
growing out of the use of or receipt of funds paid under this Agreement and
6 all operations under this Agreement. Payments under this Agreement are made
7 with the understanding that the City is not involved in the perfonnance of
8 services or other activities of the Subrecipient. Subrecipient and its em-
9 ployees and agents are independent =ntractors and not enployees or agents of
10 City.
11 18. 1\mendment.
12 'Ibis Agreement may be amended or modified only by written agreement
13 signed by both parties, and failure on the part of either party to enforce
14 any provision of this Agreement shall not be =nstroed as a waiver of the
15 right to CClIlil61 enforcement of any provision or provisions.
16 19. AssiQIlll\el1t.
17 'Ibis Agreement shall not be assigned by Subrecipient without the
18 prior written =nsent of City.
19 20. Notices.
20 All notices herein required shall be in writing and delivered in
21 person or sent certified mail, postage prepaid, addressed as follows:
22
23 As to City:
24 Director
Chmn11'\i. ty DevelO);lllElJlt Dept.
25 city Hall, Fifth Floor
300 North 111)11 street
26 San Bernardino, calif. 92418
As to SUbrecipient:
Mr. JImado savala, CI'1l'linn:01'\
Meadowbrook 1\mateur Boxing A<'ademy
1126 West Congress street
San Bernardino, ClI. 92410
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21. Evidence of Authoritv.
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1 SUbrecipient shall provide to City evidence in the fonn of a certi-
2 fied copy of minutes of the governing body of SUbrecipient, or other adequate
3 proof, that this Agreement has been approved in all its detail by the govern-
4 ing body of the SUbrecipient, that the person(s) executing it are authorized
5 to act on behalf of SUbrecipient, and that this Agreement is a binding obli-
6 gation on SUbrecipient.
7 22. certification and Assurance.
8 SUbrecipient shall comply with the program requirements attached
9 hereto as Exhibit "C" which are incorporated by reference as though fully set
10 forth at length and made a part of this agreement by execution of all certi-
11 fications and assurances of the CDB:; program.
12 23. Entire 1\areement.
13 '!his Agreement and any dOCLn1leI1t or instJ:ument attached hereto or re-
14 ferred to herein integrates all tenns and con::litions mentioned herein or in-
15 cidental hereto, and supercedes all negotiations and prior writing with re-
16 spect to the subject matter hereof. In the event of conflict between the
17 tenns, conditions or provisions of this Agreement, and any such dOCLn1leI1t or
18 instJ:ument, the tenns and conditions of this Agreement shall prevail.
19 24. No Third Party Beneficiaries.
20 No third party shall be deemed to have any rights hereun::ler against
21 any of the parties hereto as a result of this Agreement.
22 IIII
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25 IIII
26 IIII
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CDBG 1\GREEMENT BETWEEN CITY OF SAN BERNlIRDIHl AND MENlClWBRXlK AMATEUR
I30XIm J\ClIDEMY, INC.
1 IN WITNESS WHEREOF, the parties hereto have executed this agreement on
2 the day ar:rl year first hereinabove written.
3
4 A'1'l'EST:
5 ./tL'Md daur,4 "::::!4k/
6 City Clerl}f
CITY OF SAN BERNARD~/
~ -,', ,",/.'
. /-< - .- / /1/
B . ,,",' / / / /- .
. .'> .-// ~ j'" -
" - W.R Holaomb, or
city of San Bernardino
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Approved as to form
ar:rl legal content:
SUBRECIPIENT
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BY: (#&tf,1 \ )t:v~jL
PreSident
BY: L W;C-u--
Secretary
JAMES F. PENMAN,
15 City Attorney
BY: L 7-
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MEAIXll'IBROOK 1\MA'l'EUR BO:x:IlG I IN::.
"Scope of 8erI7i.ces"
The funds will be used for the removal of existing toilets and
urinals and installation of new showers and toilet facilities and
retiling of floors.
07/05/90
EXHIBIT "A"
.IDG PROPOIlAJ.o ^~~u~~...v.. :
~ommunity Developm~ Department
Page -3-
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v. proposed pro1ect Budqet (Please complete applicable items
onlvl
a) Administration
$
$
$
$
$
$
$
$
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$
$
$
$
$
Salaries and Fringe Benefits:
Supplies:
Professional services:
Travel/conferences/Seminars
utilities:
Insurance:
Office Equipment:
Other:
b) Construction
c) Engineering and Design
d) Land Acquisition
e) Planning Activities
f) Rehabilitation Activities
g) Other:
Total Project Cost:
(For construction, engineering and design, land acquisi-
tion and rehabilitation activities only.)
h
h) Identifv other fundinq sources: Identify commitments
or applications for funds from other sources to imple-
ment this activity. If other funds have been approved,
attach evidence of commitment.
Fund
Source
Amount of
Funds Available
Date
Available
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i) Was this project previously funded with COBG funds?
Yes NO~. If yes, indicate the year(s) in which
COBG funds were received and the granting agency:
j) If you have never received CDBG funding, provide
evidence of any previous experience with other feder-
ally funded programs (use additional sheets if neces-
sary):
07/05/90
EXHIBIT "B"
CITY or su BERNARDINO
COMMUNITY DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM REQUIREMENTS
FOR
SUBRECIPIENTS
prepared: February, 1989
EXHIBIT .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 reauire 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.
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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.
ReDorts/ReDortinq Requirements and Records/Record KeeDinq
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 reauired to provide the City of San
Bernardino Community Development Department with written
reports of its activities on or before the tenth (10th) 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 ReDorts
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.
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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.
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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 (l) 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 ProDertv or EquiDment (Read Section 13
of the CDBG Aqreement
All tangible personal property having a useful life of more
than one (l) 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 Derrnanentlv
affixed.
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.
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 vear 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
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.
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 off i-
cial(s) of the subrecipient agency. This document is to be
attached to the CDBG agreement and shall become part of the
governing requirements.
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.
,
CITY OF SAN BERNARDINO
COMMUNITY DEVELOPMENT DEPARTMENT
"certification and Assurance"
(To Accompany CDBG Agreement)
I,
, of
(Name and Title of Official)
the
(Name of Agency/Organization)
located at
do hereby make the following certification and assurance to
accompany the Community Development Block Grant Agreement
between (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
(name of Agency) will comply with all governing require-
ments as stipulated herewith in the performance of the
CDBG Agreement.
(Signature of Official)
(Date)
Community Development Department
(Date)
ELF/lab/3025
2/1989
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