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RESOLl1l'ION NUMBER 76;..f{;~
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RESOLl1l'ION OF THE CITY OF SAN BERNARDIN:> AUTHORIZIH; AND DIRECl'Im THE
EXElCtl'l'ION OF A <nIMUNITY DEVEIDiMENl' BIIXK GRANl' FUNDIH; AGREEMENT BE'lWEEN THE
3 CITY OF SAN BERNARDIN:> AND THE BOYS AND GIRIB CLUB OF SAN BERNARDIN:>.
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BE IT RESOLVED BY THE Ml\YOR AND cnH)N CX>UH:lIL OF THE CITY OF SAN
5 BERNARDIN:> 1\8 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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ment Block Grant funding with the Boys and Girls Club of San Bernardino, which
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agreement is attached hereto as Exhibit "1", and is incorporated herein by
reference as though fully set forth at length. '!he agreement provides for the
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granting of Community Development Block Grant funds in the following amount of
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$20,000.
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section 2.
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(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 CERrIFY that the foregoing resolution was duly adopted by the
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Mayor and Cornrron Council of the City of ~ ~ at a "'7/Jd
~: ting thereof, held on the d day of' \ -;,;"ft 1990 by the following
to wit: , ,
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2 Council Members
3 ESTRI\IlI'\
4 REILLY
5 FIDRES
6 MAUL\SIEY
7 MINOR
8 roPE-IDDIlIM
9 MIllER
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AYES Nl\.YS
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ABSTAIN
JA nJ,1 ~,&u' 'J
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C~ty Cl 1J2~-7
14 The foregoing resolution is hereby approved this ~/ky ot,
15 1990.
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19 Approved as to form an:i
legal content:
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JAMES F. PENMAN,
21 City ~ttorney
22 By: ~ ?f'~....
23 U
lab/396l
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~g!L~~M~!J~
'!HIS AGRED1ENT is entered into effective as of this lstday of July
, 1990, at San Bernardino, California, between the CITY OF SAN
BERNARDINO, a Illlll1icipal corporation, referred to as "City", and 'IRE OOYS AND
GIRIS CllJB OF SAN BERNARDINO, 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 COrmnunity Development
Block Grant Program from the United states of America to City.
(b) SUbrecipient represents that the expeOOitures authorized by this
Agreement are for valid and eligible community development purposes, as
defined in 24 ern, Part 570 in a=rdance with federal law and regulations,
and that all funds granted under this Agreement will be used for no pur-
posers) 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 conply with applicable uniform administrative
requirements, as described in 24 ern, Part 570.502.
(d) Subrecipient will carry out each activity, program and/or project
in conpliance with all federal laws and regulations as set forth in 24 ern,
Part 570, with the following exceptions, (i) the Subrecipient does not asStnne
the envirorunental responsibilities of the Grantee as described in 24 ern,
Part 570.604, and; (ii) the SUbrecipient does not assrnne the Grantee's re-
sponsibilities for initiating the review process under Executive Order Number
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EXHIBIT "I"
1 12372.
2 (el Subrecipient will corrply with the requirements set forth in the
3 Unifonn Relocation Assistance and Real Property Acquisition Policy Act of
4 1970, as amended, (URAl 49 CFR, Part 24 in a=rdance with federal and regu_
5 lations when atteIrpting 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 rei111burse Subrecipient for allCMable costs incurred under
11 the scope of this Agreement and applicable federal regulations, which have
12 not been paid for or rei111bursed 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 rei111bursements not to exceed $20,000.
15 3. Tenn.
16 '!his Agreement shall commence as of the date of execution by City and
17 tenninate June 30, 1991.
18 4. Use of Flmds: Budqet: Travel Limitation.
19 (al '!he funds paid to Subrecipient shall be used by it solely for
20 the purposes set forth in Paragraph l(bl of this Agreement, and in a=rdance
21 with the program budget submitted by Subrecipient to the City of San Bemar-
22 dino Community 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 fic portions of the program, by line-item, to the extent practicable.
27 (bl 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 Community Development Deparbnent and Subreci-
pient in the budget. !my 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 Canununity 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 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 dulyautho-
rized by the appropriate authority within Subrecipient's organization and,
shall include funds actually received by payee. !my amounts withheld by Sub-
recipient from an employee's paycheck for taxes, social security, or other
withholding and not immediately paid over to another entity, shall not be
included as wages or expenses eligible for reimbursement as an allowable cost
until 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 Canununity Development Deparbnent, such expenses shall be regarded
as an allowable cost, and the City shall reimburse Subrecipient for such 0b-
ligation.
(e) Subrecipient shall be allowed, with the prior written approval
of the Canununity 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 compliance with section "2" of this
3 Agreement at the tilne of submission of the budget modification 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) The parties intend that grant funds be utilized within the tilne
11 period covered by this agreement, and entitlement to any funds not experrled
12 or obligated shall revert to the City. No reserve for the future shall be
13 established with the funds except as may be authorized to meet connni'bnents
14 made for services 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 compliance with all state, federal
17 and local laws prior to the receipt of any reimbursement hereunder. This
18 includes, but is not limited to, all laws and regulations relative to the
19 fom 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 compliance 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 compliance is achieved
25 before expiration of this Agreement.
26 5. Accountin<H 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 Carmnunity Development of
the City of San Bernardino, Subrecipient shall submit to the Director an
accounting 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 accord-
ance with Generally Accepted Accounting Principles, and in a manner which
permits city to trace the expenditures of funds to source dOClllllentation. All
books and records 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 connnunity
development bl=k grant programs.
(c) Standards for financial management systems and financial report-
ing requirements established by 24 CPR, Parts 85.20 and 85.22 shall be fully
conplied with by Subrecipient. Subrecipient acknowledges that the funds pro-
vided are federal funds.
(d) Subrecipient's financial management system shall provide for
accurate, current and conplete 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 Accountant or some other independent auditor approved in
advance by the City's Director of the Carmnunity Development.
6. services Available to Residents: Monitorinq and Reporti.nq Proqram
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1 Performance.
2 The savices 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 savice because of race, color, national
5 origin, creed, sex, marital status, or physical handicap. SUbrecipient shall
6 conply with Affirmative Action guidelines in its enployment 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 Community
9 Development of the City of San Bernardino, in accordance with 24 ern, Part
10 85.41(c) (d), and Part 85.21. Failure to provide such quarterly perfonnance
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 tenporary withholding as
14 provided for in Paragraph 11 hereof. City reseJ:Ves the right to waive such
15 breach, without prejudice to any other of its rights hereunder, upon a fW-
16 ing by the Director of Community Development that such failure was due to
17 extraordinary circumstances and that such breach has been timely cured with-
18 out prejudice to the city.
19 7. ~t Practices: Conflict of Interest.
20 Subrecipient shall conply with procurement procedures and guidelines
21 established by 24 ern, Part 85.36(d) (1), SUbrecipient "Pr=urement Stan-
22 dards". In addition to the specific requirements of 24 ern, Part 85, SUbre-
23 cipient shall maintain a code or standards of conduct which shall govern the
24 performance of its officers, enployees or agents in contracting with and ex-
25 pending the federal grant funds made available to SUbrecipient under this
26 Agreement. SUbrecipient's officers, enployees 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 contractors. To the extent pennissable by state law,
rules, ani 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, errployees
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 infonnal 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. 'Ihe Subrecipient shall be
alert to organizational conflicts of interest or non-conpetitive practices
among contractors which may restrict or eliminate CClItpetition or otherwise
restrain trade. Subrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR, Part 570.611 ani to the procurement rules set
forth in 24 CFR, Part 85.36, in its expen::1iture of all funds received under
this Agreement.
8. Anti-Kick Back Provisions: Ecn1al. EmPlovment OPPortunitv.
All contracts for construction or repair using funds provided under
this Agreement shall include a provision for COllpliance with the Copelani
"Anti-Kick Back" Act (18.U.S.C. 874) as supplemented in Department of labor
Regulations (29 CFR, Part 3). 'Ihis Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person errplo-
yed in the construction, COllpletion or repair of public work, to give up any
part of the COlI'pel1Sation 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 COllpliance with Equal
Employment Opportunity provisions established by Executive Order Number
11246, as amended.
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1 9. Prel7ai.lincr Waae Reauirement.
2 Arr:i constnlction contracts awarded by SUbrecipient using funds pro-
3 vided under this Agreement in excess of $2,000.00 shall include a provision
4 for COI1pliance with the Davis-Bacon Act (40.U.S.C. 276(a) to 276(a) 7) and as
5 supplerrented 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 detemination 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 =rent prevailing wage detemination 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 detemination. Subrecipient shall report all sus-
13 pected or reported violations to City.
14 10. 1\DProval of city of any Charqes; Use of Procn:am Incane.
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 on advances and may include, but will not be
24 limited to, income from service fees, sale of commodities, 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 reimburserrent 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. TeInDorarv Withholdincr.
The Director of Community Development of the City of San Bernardino
is authorized to withhold the payment of funds to Subrecipient when the Di-
rector determines 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 Ccmnon Council. 'Ihe 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. 'Ihe Mayor and Ccmnon 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 d=nents, 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
minimLnn, and in the event of litigation, clailn or audit, the records shall be
retained until all litigation, clailns 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. ProDertv Manaqement 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 l1'Dre
per unit. Real property means land, including land illlprovements, structures
and appurtenances thereto, excluding movable machinery and equipment. Non-
expendable personal property and real property purchased with or illlproved by
funds provided under this agreement shall be subj ect to the property manage-
ment standards set forth in 24 cm, Part 85.32.
14. Tenni.nation for cause.
(a) City reserves the right to tenninate this Agreement in accordance
with 24 em, Part 85.43, and any and all grants and future payments under
this Agreement, in whole or in part, at any tilne before the date of cample-
tion of this Agreement whenever City determines that the Subrecipient has
materially failed to camply with the tenns and conditions of this Agreement.
In the event City seeks to tenninate this Agreement for cause, city shall
promptly notify the Subrecipient in writing of the proposed tennination and
the reasons therefore, together with the proposed effective date. Subreci-
pient shall be given an opportunity to appear before the Mayor and Carmnon
Council at the tilne which the Mayor and Carmnon Council are to consider such
reconunended tennination, and shall be given a reasonable opportunity to show
cause why, if any exists, the Agreement should not be tenninated for cause.
upon determination by the Mayor and Carmnon Council that the Agreement should
be tenninated for cause, notice thereof, including reasons for the detennina-
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 Carmnon 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-
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partment any and all documentation needed by the Conununity Development De-
partment to establish a full record of all IOClnies received by SUbrecipient
and to document the uses of same.
15. Te1:mi.nation for COnvenience.
city or SUbrecipient may tenninate this Agreement, in a=rdance with
24 CPR, Part 85.44, in whole orin part provided both parties agree that the
continuation of the project would not produce beneficial results corrnnensurate
with further expenditure of funds. In such event, the parties shall agree
upon the tennination conditions, including the effective date and, in the
case of partial tenninations, the portion to be tenninate.d. 'lhe SUbrecipient
shall not incur new obligations for the tenninate.d 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 tennination.
16. Reversion of Assets.
Subrecipient agrees that upon expiration of this Agreement, the Sub-
recipient shall transfer to the City any and all cnB:; funds not used at the
time of expiration and any a=unts receivable attributable to the use of
cnB:; funds. SUbrecipient agrees that any real property under its control,
which was acquired or linproved, 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 CPR, 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 rellnbursed in the amount of the current fair market value of the
property less any portion thereof attributable to expenditure of, or linprove-
ment to, the property by Subrecipient. Such rei1nbursement is not required
after the period of time specified, in (i) above.
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1 17. Hold HaIInless.
2 Subrecipient agrees to indemnify, save am hold harmless the City am
3 its employees am agents from all liabilities am charges, expenses (includ-
4 ing counsel fees), suits '~r losses, however =ing, or damages, arising or
5 growing out of the use of or receipt of funds paid under this Agreement am
6 all operations under this Agreement. Payments under this Agreement are made
7 with the understarrling that the City is not involved in the performance of
8 services or other activities of the Subrecipient. 8ubrecipient am its em-
9 ployees am agents are independent contractors am not employees or agents of
10 city.
11 18. 1\rnendment.
12 'lhis Agreement may be amended or m:xiified only by written agreement
13 signed by both parties, am failure on the part of either party to enforce
14 any provision of this Agreement shall not be construed as a waiver of the
15 right to compel enforcement of any provision or provisions.
16 19. Assicmrnent.
17 'lhis Agreement shall not be assigned by 8ubrecipient without the
18 prior written consent of City.
19 20. Notices.
20 All notices herein required shall be in writing am delivered in
21 person or sent certified mail, postage prepaid, addressed as follows:
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23 As to City:
24 Director
CCmnunity DevelO);lllellt Dept.
25 city Hall, Fifth Floor
300 North "D" street
26 San Bernardino, Calif. 92418
As to SUbrecipient:
Mr. Jerry Herndon, Director
Boys and Girls Club of San
Bernardino
1180 West 9th street
San Bernardino, ell. 92411
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21. Evidence of Authoritv.
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1 Subrecipient shall provide to City evidence in the fom 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 requirerrents attached
9 hereto as Exhibit "C" which are incorporated by reference as though fully set
1 0 forth at length and made a part of this agreement by execution of all certi-
11 fications and assurances of the CDEG program.
12 23. Entire 1\areement.
13 '!his Agreement and any document or instrument attached hereto or re-
14 ferred to herein integrates all tenus and conditions 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 tenus, conditions or provisions of this Agreement, and any such document or
18 instrument, the tenus and conditions of this Agreement shall prevail.
19 24. No Third Partv Beneficiaries.
20 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
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tmYS RND ~IUS CLUB OFSAN BERNJlRDI NO
PROIiR'k1vtS OESCR 1 PTI ON 1990791
. :~. . f. '
. .
. '.,
SCOPE OF SERVICES
,;'
PROGRAM SERVICES OBJECTIVE: The expansion of the scope of
progrflrn services to the San Bernardino communities,
Pllrticularly those county areas bordering the City of San
Bernardino.
PROGRAM SERVICES: to be provided include: Education,
Employment, Camping, Physical Recreation, Social Recreation,
~'outh Development and Community Services. These services will
be offered to chi! dren 6-17 years and thei r f ami! i es at 1 i tt I e or
no cost.
EDUCATION SERVICES include tutorial and supplemental
education components for elementary through high school. The
program offers youth the opportunity to grow and develop
through health education and education camp services. It also
help to educate teen parents in responsible parenting. The Boys
and Girls Club work in conjunction with California State
University and Metropolitian Technical Institute.
THE CAMPING, PHYSICAL RECREATION programming provides a
variety of activities for the well rounded development of our
youth. Opportunities include swimming, basketball, flag
football, racquetball, tennis, karate, gamesroom tournaments,
C1HllPOlJtS, excursions, and Day Camp activities.
SOCiAL RECREATION AND COMMUNITY SERVICE aspects of
lJrugrarnmlng serve youth of all figes lHl(1 their family members
,~,y providing emergency food supplies, free meals and wholesome
ftw;lly ilctiviUes.
loun; DEVELOPMENT is an important aspect of the Boys and Girls
CliJu Program. Counselors work directly with "at risk- youth to
prn....HJe guidance counseling services, direction and positive
channels for behavior. Arts and Crafts and modeling !lre just
t'no oj the program elements offered to assist counselors in
building self-esteem, talents and a sense of self-worth in these
-(jt risk- youth.
07/05/90
EXHIBIT" A "
CDBG 1\GREEMEN1' BE'lWEEN CITY OF SAN BERNl\RDINJ AND THE BOYS AND GIRIB
CLUB OF SAN BERNl\RDINJ.
1 IN wrrnESS WHEREOF, the parties hereto have executed this agreement on
2 the day am year first hereinabove written.
3
4
5
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10
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12
13
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~"'.,
CITY OF SAN llERNl\R6'INJ
/ / /
.-/, /
L./;j: /:' j/ //// .
~~;(:}- "',
" . . Holcombf/Mayor
C' Y cPf San Bernardino
A'l"l'EST :
Q<L~ ~<j;--dV
'- City ark
SUBRECIPIENl'
BY: L~.1 ~1AA
~
Re . F. Gray
(
BY:
Approved as to fom
am legal content:
JAMES F. PENMAN,
City Attorney
BY: ~? ?t~
()
28 7/05/90
-14-
pSG iROPOSAL A"~~TIO. .
co~unity Developm_]\ Department
,.qe -3-
r;J
V. 'roDosed 'roieet Budaet ('le.se complete .DDlle.ble item.
only)
a) Administration
Salaries and Fringe Benefits:
Supplies:
protessional 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,
tion and rehabilitation activities only.)
i$ 20,000
$ 0
. 0
$ 8
$
$ 0
$ 0
$ 0
$ 8
$
$ 0
$ 0
$ 0
$ 0
$ 20,000
land acql1isi-
Estimator: N/A
Estimator's Qualifications:
h) Identifv other fundina 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.
J'\m4
Sou roe
Arrowhead united
Juven11e JUst1ce
County CDBG
bount of
Funds Avail~
Way Requested $80,800
Requested o~,/~~
REquested 50,000
Date
Available
unknown
unKnown
unknown
i) Was this project previously funded with CDBG funds?
Yes -1L No ___' If yes, indicate the year(s) in which
CDBG funds were received and the granting agency:
1989 city of San Bernardino Community Development
Department
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): N/A
07/05/90
EXHIBIT "B"
CITY OF SU BERNARDINO
COMMUNITY DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM REQUIREMENTS
FOR
SUBRECIPIENTS
prepared: February, 1989
EXHIBIT .C.
CITY or 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 Oevelopment Block Grant (COBG) Program,
you are not only agreeing to provide the services as stated
in your application, but also to abide by the COBG 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 COBG agreement.
Monthlv Request for Reimbursement
Deadline:
Due the fifth (5th) day after end of each calen-
dar month unless otherwise stated in the COBG
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 COBG 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.
ReDorts/Reportinq Requirements and Records/Record Keepinq
Recruirements
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.
Ouarterlv 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 permanentlv
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 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.
Fisoa1 Aooountinq and Audit Dooumentation
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
agre~ment. 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 3D, 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
.
CITY OF 8AN BERNARDINO
COMMUNITY DEVELOPMENT DEPARTMENT
"certification and Assurance"
(To Accompany CDBG Agreement)
I, Jerry L. Herndon, Executive Director
(Name and Title of Official)
the Boys and Girls Club of San Bernardino
(Name of Agency/Organization)
, of
located at
1180 W. 9th Street San Bernardino, Ca. 92411
do hereby make the following certification and assurance to
accompany the Community Development Block Grant Agreement
betwe8Dys and Girls Club of San Bernardino (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 Boys and Girls Club of San Bernardino
(name of Agency) will com ly with all governing require-
ments as stipul~ed here th in the performance of the
CDBG Agreemen. \ D
l/(LeYO
Department
') - PJ- i -'5'=
(Date)
ELF/lab/3025
2/1989
8