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CITY OF SAN BER"_ .RDIN04'EQUEST ..AI COUNCIL ACTION
From:
Kenneth J. HerDersan, D~ _ An H:" S""'''''t:
;\i-V j,.,. n....' "n. 1:1'f'Jr":'
Camnunity Devel~1t
;330 APR 2! . n: 1 E
lU-~AL ag FY 1989/1990 alBG
llGREEMENl' ....-.L'W.IZL'l crrY AND
THE LEGiM.o Am ~rJ( OF SAN
BERNlUlDIH), lKl.
Dept:
Date:
April 26, 1990
Synopsis of Previous Council action:
None.
Recommended motion:
A!X)P!' RESOll1I'IClN
t.Mbbdti
7gnature
Ken HerrlersonjEdwa Flores
Contact person:
Phone:
5065
Supporting data attached:
staff Report
Ward:
1-7
FUNDING REOUIREMENTS:
Amount:
$20,000.00
Source: (Acct. No.1
121-544-57955/121-544-57735
t,'on Sr. Security
Acct. Oeser;
Finance:
Council Notes:
75.0262
Agenda Item No.
I
8~f
CITY OF SAN BERK .RDINO - REQUEST "..IR COUNCIL ACTION
STAFF REPORT
on April 17, 1990, the Legal Aid s=iety of San Bernardino sul:mi.tt.ed
a proposal for financial assistance for plblic services in the
arramt. of $20,000. '!he Legal Aid S=iety of San Bernardino, Inc.,
is a nonprofit corporation am has been operatin;r a legal aid clinic
(located at 354 West 6th street) sin:le 1977. All the services
offered by the S=iety have been provided to law am IOOderate incane
individuals residin;r within the City limits.
'!he types of services provided by the Legal Aid S=iety include
family law, marriage dissolutions, child custody, child ~rt,
larrllord/tenant dispJtes, civil suits, =nsumer OCIl'plaints, social
security problems, am other related legal problems. Althalgh the
Legal Aid S=iety has not received arrj prior fun:lin;J assistance fran
the City, approximately 49.9% of the S=iety's clientele are City
residents. 0Jrin;r FY 1989/1990, the S=iety provided services to
6,623 individuals, all of which 'w'ere one-hun::lred percent (100%) law
incane .
on April 25, 1990, staff sul:mi.tted this proposal to the C'rmTInti.ty
Develq:ment citizen lldviso:ry Camlittee (ax:AC) for its considera-
tion. After evaluation am review, the Camlittee l.11'laIliloousy voted
to recxmnend to the Mayor am CclIlm:>n Council fun:lin;J of the p.L~
sul:mi.tt.ed by the Legal Aid S=iety in the aIOOUI'lt of $20,000 ($10,000
out of the FY 1989/1990 Appropriated Reserve A=ount am $10,000
previously allocated in FY 1989/1990 to the Senior Security
Program) .
This item was Dlaced on the O"'.......n council SIlI:lD1l1l1el1tal lICI8I1&l at
the reauest of the MAver.
I recarmnen::l. adoption of the attached resolution.
&+~
Director of Camunity Development
KlH/lab/3889
attachmerrt:s
April 26, 1990
75-0264
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RBSOLUTIOM MUKaE.
RBSOLUTIOR 01' THE CITY 01' SAlI BBJUfARJ)IRO AUTHORIlIIMQ AlIJ)
DIRBCTIRQ THE EXBCUTIOR 01' A COKMUNITY DBVlLOPMBNT BLOCK QRAlIT
I'1J1fDIRQ AQUBMENT BBTWEBR TO CITY 01' SAlI BBlUIAlU)IRO AlIJ) THE
LEGAL AID SOCIBTY 01' SAIl BEUARDIRO, IRC.
WHBUAS,
ROW, TOUFOU, BE IT RBSOLVED BY TO KAYOR AlIJ) COJOlOH
COURCIL 01' THB CITY 01' SAIl BBUARDllJO AS I'OLLOWS I
SBCTIOR 1.
8 (a) The Mayor of the City of San Bernardino is hereby
9 authorized and directed to execute, on behalf of the City, an
10 agreement for Community Development Block Grant funding with the
11 Legal Aid Society of San Bernardino, Inc., which agreement is
12 attached hereto as Exhibit "1", and is incorporated herein by
13 reference as though fully set forth at length. The agreement
14 provides for the granting of Community Development Block Grant
15 funds in the following amount of $20,000.00.
16 (b) The authorizations to execute the above referenced
17 agreement is rescinded if the parties to the agreement fail to
18 execute it within sixty (60) sixty days of the passage of this
19 resolution.
20 I HEREBY CERTIFY that the foregoing resolution was duly
21 adopted by the Mayor and Common Council of the City of San
22 Bernardino at a
23 _ day of
meeting thereof, held on the
, 1990 by the following vote, to
24 wit:
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RESOLUTIOII O~ TXB CITY O~ SAX BIRBARDIMO AVTBORIIIIIO ~
IXICUTIOII C' A CDBO AOUIUOlIIT BBTWBU ( 'Y AlII) 'l'JUl LBOAL
AID SOCIBT\ J~ SAIl BBRBARDIIIO, INC.
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3 Counoil Kembers
4 ESTRADA
5 REILLY
6 FLORES
7 MAUDSLEY
8 MINOR
9 POPE-LUDLAM
10 MILLER
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12 CITY CLERK
13 The foregoing resolution is hereby approved this ____ day
un
on
ABSTAIN
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18 Approved as to form
and legal content:
, 1990.
W.R. HOLCOMB, MAYOR
City of San Bernardino
19
JAMES F. PENMAN,
20 city Attorney
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&1111111.%
THIS AGREEMENT is entered into effective as of this ___ day
of , 1989, at San Bernardino, California, bet-
ween the CITY OF SAN BERNARDINO, a municipal corporation,
referred to as "City", and the LEGAL AID SOCIETY OF SAN BERNAR-
DINO, INC., a non-profit community service organization, refer-
red to as "Subrecipient".
City and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance
from City for fiscal year 1989/1990 from funds available through
the Community Development Block Grant Program from the United
states of America to City.
(b) Subrecipient represents that the expenditures
authorized by this Agreement are for valid and eligible com-
munity development purposes, as defined in 24 CFR, Part 570 in
accordance with federal law and regulations, and that all funds
granted under this Agreement will be used for no purpose(s)
other than those purposes specifically authorized. The specific
purposes and scope of services of this particular grant are set
forth in Exhibit "A", attached hereto and incorporated into this
Agreement as though fully set forth herein.
(c) Subrecipient will comply with applicable uniform
administrative requirements, as described in 24 CFR, Part
570.502.
EXHIBIT "1"
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1 by line-item, to the extent practicable.
2 (b) No travel expenses for out-of-state travel shall
3 be included in this program unless specifically listed in the
4 budget as submitted and approved, and all travel expenses to be
5 funded from funds provided hereunder shall be specifically iden-
6 tified as travel expenses, which shall be negotiated between the
7 City of San Bernardino Community Development Department and Sub-
S repient in the budget. Any travel expenses incurred by Subreci-
9 pient above the budgeted amount or for out of-state travel shall
10 not be eligible for reimbursement unless the prior written ap-
11 proval of the Director of Community Development of the City of
12 San Bernardino, or his/her designee, has been obtained.
13 (c) Funds shall be used for purposes authorized by the
14 Community Development Block Grant Prograa only, and no portion
15 of the funds granted hereby shall be used for any purpose(s) not
16 specifically authorized by this Agreement.
17 (d) Only net payroll shall be periodically reimbursed
18 by city as an allowable cost. Reimbursement payroll shall in-
19 clude those hours duly authorized by the appropriate authority
20 within Subrecipient's organization and, shall include funds
21 actually received by payee. Any amounts withheld by Subreci-
22 pient from an employee's paycheck for taxes, social security, or
23 other withholding and not immediately paid over to another en-
24 tity, shall not be included as wages or expenses eligible for
25 reimbursement as an allowable cost until such time as the with-
26 held taxes, social security, or other withholdings are actually
27 paid over to another entity entitled to such payment. Upon such
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payment and the submission or evidence or such payment to the
City or San Bernardino Community Development Department, such
expenses shall be regarded as an allowable cost, and the City
shall reimburse Subrecipient for such obligation.
(e) Subrecipient shall be allowed, with the prior
written approval of the Community Development Department or the
City or San Bernardino, to make changes in the budget during the
first three (3) quarters of the fiscal year, so long as Subreci-
pient is in compliance with Section "2" or this Agreement at the
time of submission of the budget modirication request. A varia-
tion in the itemization of costs, as set forth in the budget
submitted to City by Subrecipient, not to exceed ten percent
(10\) as to any particular line item, shall be allowed provided
that the prior written approval of the Director of Community
Development of the City of San Bernardino is obtained, it being
understood that the total amount of the grant shall not be
varied thereby.
(f) The parties intend that grant funds be utilized
within the time period covered by this Agreement, and entitle-
ment to any funds not expended or obligated shall revert to the
City. No reserve for the future shall be established with the
funds except as may be authorized to meet commitments made for
services provided during the period of this Agreement, but not
yet paid for at the conclusion of this Agreement.
(g) Subrecipient shall remain in compliance with all
state, federal and local laws prior to the receipt of any reim-
bursement hereunder. This includes, but is not limited to, all
laws and regulations relative to the form of organization, local
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1 business licenses and any laws and regulations specific to the
2 business and activity carried out by Subrecipient.
3 5. AocountinaJ Audit.
4 (a) Prior to the final payment under this Agreement,
5 and at such other times as may be requested by the Director of
6 community Development of the city of San Bernardino, Subreci-
7 pient shall submit to the Director an accounting of the proposed
8 and actual expenditures of all revenues from whatever source
9 accruing to the organization for the fiscal year ending May 6,
10 1990.
11 (b) Financial records shall be maintained by Subreci-
12 pient in accordance with Generally Accepted Accounting princi-
13 ples, and in a manner which permits City to trace the expendi-
14 tures of funds to source documentation. All books and records
15 of Subrecipient are to be kept open for inspection at any time
16 during the business day by the City, its officers or agents, and
17 by any representative of the United states of America authorized
18 to audit community development block grant programs.
19 (c) standards for financial management systems and
20 financial reporting requirements established by 24 CFR, Parts
21 85.20 and 85.22 shall be fully complied with by Subrecipient.
22 Subrecipient acknowledges that the funds provided are federal
23 funds.
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(d) Subrecipient's financial management system shall
provide for accurate, current and complete disclosure of the
financial results of each program sponsored by this Agreement.
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all assets of the program, and Subrecipient shall assure that
they are used solely for authorized purposes.
<e) In addition to the foregoing, Subrecipient shall
at its own expense have the city-funded portion of its program
audited annually, and provide to City a copy of the audit report
within sixty (60) days after receipt ot the report by Subreci-
pient. Such audit must be performed by a Certified Public
Accountant or some other independent auditor approved in advance
by the city's Director of the Community Development.
6. Services Available to Residents, Monitorina and ReDort-
ina proaram Performance.
The services of Subrecipient shall be made available to
residents and inhabitants of the city of San Bernardino unless
otherwise noted in Exhibit "A". No person shall be denied ser-
vice because of race, color, national origin, creed, sex, mari-
tal status, or physical handicap. Subrecipient shall comply
with Affirmative Action guidelines in its employment practices.
Subrecipient shall also monitor the program's activities and
submit written reports quarterly, or more often if requested, to
the Director of Community Development of the City of San Bernar-
dino, in accordance with 24 CFR, Part 85.41(c) (d), and Part
85.21. Failure to provide such quarterly performance reports
constitutes a violation of this Agreement. Further, the pro-
cessing by City of Subrecipient's requests for reimbursement
shall be halted following such breach, and shall subject Subre-
cipient to temporary withholding as provided for in Paragraph 11
hereof. city reserves the right to waive such breach, without
prejudice to any other of its rights hereunder, upon a finding
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1 by the Director of Community Development that such failure was
2 due to extraordinary circumstances and that such breach has been
3 timely cured without prejudice to the city.
4 7. Procurement Practices, Conflict of Interest.
5 Subrecipient shall comply with procurement procedures
6 and quidelines established by 24 CFR, Part 85.36(d)(I), Subreci-
7 pient "Procurement standards". In addition to the specific re-
8 quirements of 24 CFR, Part 85, Subrecipient shall maintain a
9 code or standards of conduct which shall govern the performance
10 of its officers, employees or agents in contracting with and
11 expending the federal grant funds made available to Subrecipient
12 under this Agreement. Subrecipient's officers, employees or
13 agents shall neither solicit nor accept gratuities, favors, or
14 anything of monetary value from contractors or potential con-
15 tractors. To the extent permissable by state law, rules, and
16 regulations, the standards adopted by Subrecipient shall provide
17 for penalties, sanctions or other disciplinary actions to be
18 applied for violations of such standards by either the Subreci-
19 pient's officers, employees or agents, or by contractors or its
20 agents. Subrecipient shall provide a copy of the code or stan-
21 dards adopted to City forthwith. Subrecipient shall undertake
22 informal procurement methods for purchases that do not cost more
23 than $25,000.00, in the aggregate, which call for price or rate
24 quotations from an adequate number of qualified sources. The
25 Subrecipient shall be alert to organizational conflicts of inte-
26 rest or non-competitive practices among contractors which may
27 restrict or eliminate competition or otherwise restrain trade.
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Subrecipient agrees to adhere to conflict of interest provisions
set forth in 24 CFR, Part 570.611 and to the procurement rules
set forth in 24 CFR, Part 85.36, in its expenditure of all funds
received under this Agreement.
e. Anti-~ick Back Provisions, Baual Baolovment ODDor-
tunitv.
All contracts for construction or repair using funds
provided under this Agreement shall include a provision for com-
pliance with the Copeland "Anti-Kick Back" Act (18.U.S.C. 874)
as supplemented in Department of Labor Regulations (29 CFR,
Part 3). This Act provides that each contractor or subgrantee
shall be prohibited from inducing, by any .eans, any person em-
ployed in the construction, completion or repair of public work,
to give up any part of the compensation to which he/she i.
otherwise entitled. Subrecipient shall report all suspected or
reported violations to city. All contracts in excess of
$10,000.00 entered into by Subrecipient using funds provided
under this Agreement shall contain a provision requiring comp-
liance with Equal Employment Opportunity provisions established
by Executive Order Number 11246, as amended.
t. prevai1ina Waae Reauirement.
Any construction contracts awarded by Subrecipient
funds provided under this Agreement in excess of $2,000.00 shall
include a provision for compliance with the Davis-Bacon Act
(40.U.S.C. 276(a) to 276(a) 7) and as supplemented by the De-
partment of Labor Regulations (29 CFR). Under this Act, con-
tractors shall be required to pay wages to laborers and mecha-
nics at a rate not less than the minimum wages specified in a
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1 wage determination made by the Secretary of Labor. In addition,
2 contractors shall be required to pay wages not less often than
3 once a week. Subrecipient shall place a copy of the current
4 prevailing wage determination issued by the Department of Labor
5 in each solicitation and the award of a contract shall be condi-
6 tioned upon the acceptance of the wage determination. Subreci-
7 pient shall report all suspected or reported violations to city.
8 10. ADDroval of city of any Charaesl Use of Proaram
9 Income.
10 (a) City hereby requires Subrecipient to notify the
11 City, in writing, of its intent to change a fee for any service,
12 the provision of which is assessed pursuant to this Agreement.
13 City requires Subrecipient to obtain the prior written approval
14 of city for any charges or fees to be charged by Subreciplent
15 for such services, (and of any rules and regulations governing
16 the provision of services hereunder).
17 (b) Program income represents gross income received by
18 the Subrecipient directly generated from the use of the funds
19 provided hereunder. Such earnings include interest earned on
20 advances and may include, but will not be limited to, income
21 from service fees, sale of commodities, usage and rental fees
22 for real or personal property purchased using the funds provided
23 by this Agreement. As to such income, it shall be first applied
24 to eligible program activities, before requests for reimburse-
25 ment and, in the use, shall be subject to all applicable provi-
26 sions of this Agreement. Income not so applied shall be remit-
27 ted to city. Subrecipient shall remit all unspent program in-
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come to the City within thirty (30) days subsequent to the end
of the program year (June 30, 1990).
11. Temoorarv Withholdina.
The Director of Community Development of the City of
San Bernardino is authorized to withhold the payment of funds to
Subrecipient when the Director determines that any violation of
this Agreement has occurred. Funds shall be withheld until the
violation is corrected to the satisfaction of the Director. Sub-
recipient shall have the right to appeal the decision of the
Director to the Mayor and Common Council. The sole grounds for
such appeal shall be that no violation of the Agreement has oc-
curred. Subrecipient shall file such appeal within fifteen (15)
days after such first notice of withholding. The Mayor and Com
mon Council shall set a date for the hearing of such appeal
which is within thirty (30) days following the date of filing.
12. Records Retention.
Financial records, supporting documents, statistical
records, and all other records pertaining to the use of the
funds provided under this Agreement shall be retained by Subre-
cipient for a period of three (3) years, at a minimum, and in
the event of litigation, claim or audit, the records shall be
retained until all litigation, claims and audit findings involv-
ing the records, have been fully resolved. Records for non-
expendable property acquired with federal funds provided under
this Agreement shall be retained for three (3) years after the
final disposition of such property.
13. Prooertv Manaaement standards.
Non-expendable personal property, for the purposes of
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1 this Agreement, is defined as tangible personal property pur-
2 chased in whole or in part with funds provided under this
3 Agreement, which has a useful life of more than one (1) year and
. an acquisition cost of one-thousand dollars ($1,000.00), or more
5 per unit. Real property means land, including land improve-
6 ments, structures and appurtenances thereto, excluding movable
7 machinery and equipment. Non-expendable personal property and
8 real property purchased with or improved by funds provided under
9 this Agreement shall be subject to the property management stan
10 dards set forth in 24 CFR, Part 85.32.
11 14. Termination for Cause.
12 (a) city reserves the right to terminate this
13 Agreement in accordance with 24 CFR, Part 85.43, and any and all
1. grants and future payments under this Agreement, in whole or in
15 part, at any time before the date of completion of this
16 Agreement whenever City determines that the Subrecipient has
17 materially failed to comply with the terms and conditions of
18 this Agreement. In the event City seeks to terminate this
19 Agreement for cause, city shall promptly notify the Subrecipient
20 in writing of the proposed termination and the reasons
21 therefore, together with the proposed effective date.
22 Subrecipient shall be given an opportunity to appear before the
23 Mayor and Common Council at the time which the Mayor and Common
24 Council are to consider such recommended termination, and shall
25 be given a reasonable opportunity to show cause why, if any
26 exists, the Agreement should not be terminated for cause. Upon
27 determination by the Mayor and Common Council that the Agreement
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16.
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Reversion of Assets.
Subrecipient agrees that upon expiration of this
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1 Agreement, the Subrecipient shall transfer to the City any and
2 all CDBG funds not used at the time of expiration and any
3 accounts receivable attributable to the use of CDBG funds.
4 Subrecipient agrees that any real property under its control,
5 which was acquired or improved, in whole or in part, with CDBG
6 funds in excess of $500.00 shall either, (i) be used to meet one
7 (1) of the three (3) national objectives as set forth in 24 CFR,
8 Part 570.208 until five (5) years after expiration of the
9 Agreement or such period of time as determined appropriate by
10 the City, or; (ii) is disposed of in a manner which results in
11 the city being reimbursed in the amount of the current fair
12 market value of the property less any portion thereof attribut
13 able to expend iture of, or improvement to, the property by such
14 reimbursement is not required after the period of time specified
15 in accordance with (i) noted above.
16 17. Hold Harmless.
17 Subrecipient agrees to indemnify, save and hold harm-
18 less the city and its employees and agents from all liabilities
19 and charges, expenses (including counsel fees), suits or losses,
20 however occurring, or damages, arising or growing out of the use
21 of or receipt of funds paid under this Agreement and all opera-
22 tions under this Agreement. Payments under this Agreement are
23 made with the understanding that the city is not involved in the
24 performance of services or other activities of the Subrecipient.
25 Subrecipient and its employees and agents are independent con-
26 tractors and not employees or agents of City.
27 18. Amendment.
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This Agreement may be amended or .odified only by writ-
ten Agreement signed by both parties, and failure on the part of
either party to enforce any provision of this Agreement shall
not be construed as a waiver of the right to compel enforcement
of any provision or provisions.
1'. Assiqnment.
This Agreement shall not be assigned by Subrecipient
without the prior written consent of city.
20. Notices.
All notices herein required shall be in writing and
delivered in person or sent certified mail, postage prepaid,
addressed as follows:
As to citYI
As to SUbrecipientl
Hr. Lowell R. JameSOD
Bxecutive Director
Legal Aid Society of SaD
Bernardino, Inc.
150 .est 5th st., Ste. 108
SaD Bernardino, CA '2401
Director
Community Development Dept.
City .all, ~ifth ~loor
300 North "D" Street
San Bernardino, Calif. '2418
21. Evidence of Authoritv.
Subrecipient shall provide to City evidence in the form
of a certified copy of minutes of the governing body of Subreci-
pient, or other adequate proof, that this Agreement has been
approved in all its detail by the governing body of the Subreci-
pient, that the person(s) executing it are authorized to act on
24 behalf of Subrecipient, and that this Agreement is a binding
25 obligation on Subrecipient.
26 22. Certification and Assurance.
27 Subrecipient shall comply with the program requirements
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attached hereto as Exhibit "e" which are incorporated by refer-
ence as though fully set forth at length and made a part of this
Agreement by execution of all certifications and assurances of
the eDBG program.
23. Entire Aareement.
This Agreement and any document or instrument attached
hereto or referred to herein integrates all terms and conditions
mentioned herein or incidental hereto, and supersedes all nego-
tiations and prior writing with respect to the subject matter
hereof. In the event of conflict between the terms, conditions
or provisions of this Agreement, and any such document or in-
strument, the terms and conditions of this Agreement shall pre-
vail.
24. No Third Party Beneficiarie..
No third party shall be deemed to have any rights here-
under against any of the parties hereto as a result of this
Agreement.
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CDBG AGREEMENT BETWEEH CITY AND THB LEGAL
AID SOCIETY ~ SAN BERNARDIHO, IHC.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first hereinabove written.
ATTEST I
CITY O. SAN BERNARDINO
ci ty Clerk
..R. "BOB" HOLCOMB, MAYOR
City of San Bernardino
SUBRBCIPIENT
President
secretary
Approved as to form
13 and legal content I
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JAMBS .. PEHHAH,
city Attorney
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LECu\L AID SOCIETY OF SA~ BERNARDINO, INC.
150 West Fifth Street, Suite 108. San Bernardino, California 92401 . Telephone (714) 888-679.1
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PROJECT/ACTIVITY DESCRIPTION
The Legal Aid Society of San Bernardino, Inc., a nonprofit 501(c)(3)
corporation, has been serving low-income citizens of San Bernardino County
since 1953. Since 1977, the Society has operated a legal aid clinic, which
is presently located at 354 West 6th Street in San Bernardino. On alternate
Tuesday evenings, eight or nine volunteer attorneys provide legal assistance
to clients. Clients sign in between 5:30 and 6:30 p.m. and, after processing
(eligibility screening) are seen !In a first-come,. first-served basis. All
eligible (see attached guidelines) clients see an attorney at this time.
After interview, the attorney directs actions within the capability of the
clinic. The actions recommended usually include the preparation and typing -
of court documents for filing. Attorneys do not make court appearances, but
provide advice and documentation so'that the client can represent himself ~
~~. Most indigent clients need help with family law problems, i.e.,
dissolutions, child custody, child support and related matters. Other types
of cases include landlord/tenant, civil suits and consumer complaints, credit,
social security and guardianship.
A storefront operation is conducted during regular business hours,
Monday through Friday. The clinic is open 9:00 a.m. to 12:00 noon for intake,
and from 1:00 to 5:00 p.m. by appointment. During the past year, 73 attorneys
have worked as volunteers in this effort.
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A Non-profit affiliate of the San Bernardino County Bar Association. All Donations Tat Exempt
EXHIBIT uAu
LEGf.._ AID SOCIETY OF SAN ~ cRNARDINO, INC.
ISO We.t Fifth Street, Suite 108. San Bemardino, California 92401 . Telephone (714) 888-6191
BUDGET
FY 1989-1990
INCOME
TOTAL
47,659.00
78,613.00
50,000.00
2,000.00
10,000.00
188,272.00.
Inland Counties Legal Services
State Bar Trust Fund
County Block Grant
Attorney Contributions
Miscellaneous Income
EXPENSES
Space
PlIyro 11
Payroll Taxes/Medical Insurance
Administration
Telephone
Office Supplies
Office Equipment
Typing Services
Printing / Reproduction
Repair/Maintenance
Audit/Bookeeping
Insurance
Travel/Meetings
Community/Education (Tel-Law)
Miscellaneous
12,000.00
86,300.00
16,000.00
25,000.00
3500.00
10,000.00
2,000.00
9,000.00
1,100.00
5,000.00
3,000.00
5,000.00
1,500.00
4,150.00
4,722.00
TOTAL
188,272.00
.
A Non-proJlt aJlillatt 01 the San Bernardino County Bar Association . All DonatlalU Tar Exempt
EXHIBIT "B.
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CIT' or 'AM BIRXARDl>>O
COMHtnfUY DlnLOPUft DIPARTUWI
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COMMUNITY DBVELOPHElI'1' BLOCK GRAlrf
PROGRAM REQUIRBKElI'1"
FOR
SUBRECIPIElI'1"
Preparea. Februarr, 1989
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EXHIBIT "e"
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CITY or 8~ 81RXARDIMO
COJQf ITY DIVBLOPKlII'1' DIPAltTMIN't
COMMUNIT. DEVELOPMENT BLOCK ORAll'1' PIlOORAJI
~, 8UDDlemental Inforaation tor 8ubreoiDient
As a successtul applicant of the City of San Bernardino FY
1989/1990 Community Development Block Grant (CDBG) proqram,
you are not only agreeing to provide the services as stated
in your application, but also to abide by the CDBG Proqram
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.
MonthlY Reauest tor Reimbursement
DeadUnel
Due the titth (5th) day atter end of eaoh calen-
dar month unless otherwise stated ia the CDBG
agreement.
c~
Include the toll owing:
a) One (1) completed Request for Reimbursement fora.
b) .One (1) copy of All checks issued that are being
reimbursed.
c) One (1) copy ot 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.
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CDBG PROGRAM
Supplemental Intormation
(.....
I
a) All accounting records and evidence pertaining to all
costs ot each subrecipient and all documents related to
the CDBG agreement shall ba retained and available tor
three (3) years tollowing the completion of the funded
proqrall.
b) Each subrecipient agrees to allo~ the City ~f San Bernar-
dino Community Development Department to audit the funded
program as part of its annual audit of all CDBG lunds
pursuant to tederal regulations set forth in Title 24 of
the Code of Federal Regulations.
ee
c.
While staff realizes that report writing and record-keeping
are not the most desirable aspects of any proqr.., it is one
vehicle that provides a measure of proqraa proqress 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 (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 proqrall 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.
Quarterlv ReDorts
Deadlines: October 10 -- for period covering July 1, to
September 30, of proqram year.
January 10 -- for period covering October 1, to
December 31, of proqram year.
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.' . : C?DBG PROGRAM
. Supplemental Info~.at1on
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.
Xnclude the fOllowing:
a) One (1) completed Activity Report (form nWllber 802).
b) One (1) competed Direct Benefit Report (fora number
045(a).
(",
e) One (1) completed Contract and Subcontract Activity Report
(form OMB 2506-006). (For construction projects only.)
xt 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
Lunded program(s).
Pro<uaJII Xoni torin9
One of the City'S 'responsibilities is to monitor each
subrecipient at least once a year. Not only are the
.onitoring 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,
tJ1e 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 lIet.
e) That the intended client group is being served.
d) The number of people on staff.
e) The existence and maintenance of client files.
f) Assistance City staff can provide.
Xn addition to monitoring each agency once a year, the city
oL 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
C1>BG funds pursuant to Federal Regulations.
l.
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'COBG PROGRAM
'S~pplemental Intor._Gion
,-
Although the ter.. "monitoring" and "audit" may appear
somewhat tor.idabl., please be assured that your agency will
be notitied in advance ot any request tor a monitoring visit.
Also, please be advised that representatives trom HOD monitor
the CDBG pr091'u every year. During HOD visit(.), they lIay
wish to monitor one (1) or more ot the City's subrecipients.
Ir your agency should be selected, you will be notified in
advance in order to arrange a mutually convenient time.
Procrru Budaet
Another required element ot 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 ot your overall program bUdget with a summary
or your funding sourceCs) and the total agency budget. The
CDBG portion ot your total progrlUl or agency budget should be
identifiable.
In past years, several agencies have raised questions regard-
i~ minor budget modifications or adjustments. Staff
realizes that the approved budget may require minor adjust-
ments during the lite of the progrlUl and request that YOIl
discuss proposed changes with Community Development Depart-
ment staff.
~, A9r-Sin, please be reminded that capital or non-expendable
equipment is not to be purchased with CDBG tunds. If you
need to acquire such equipment, please discuss it with
COBUDunity Development Department staff.
~chasa of Personal ProDertv or EauiDmant (Read Seotion 13
or tha CDBQ Aare...nt
Al1 tangible personal property having a useful life of lIore
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 Dermanently
affixed.
C)
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. CDBG prO<Jra.
. ~upplemental Infor
tion
/- b) Maintain a separate record of all such equipment and
property. Information shall include:
1. Name/Description
2. Serial Nuaber
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/roo., etc.)
c) Submit an inventory listing to the City of San Bernardino
Community Development Department each vear endinG 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 equipmerit was included in the agency's
original budget.
c:
Co
.) 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. .
PIsca1 Accounting and Audit Documentation
The City of San Bernardino Community Development Department
requires each agency to observe and comply with all account
~ rules and audit procedures as set forth in the CDBG
agnreement. 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 seoarate 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
. ... . S~pplemental Infor :ion
,-....
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AucS1h
Each subrecipient shall provide the City of San Bernardino
Community Development Department with an audit report,
completed and 8igned 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 800n
after the close of the year ending June 30, as i8 possible,
or immediately after the subrecipient's regular audit i_
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.
o
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CITY or SAIl BIRJrAJtDIlfO
COMMUNITY DIVBLOPMEIl'l' DIPARTMEIl'l'
"C.rti ficatioD aDeS "..uranc."
(To "cco.pany CDBG "gr....nt)
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 prograa
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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