HomeMy WebLinkAbout1986-273
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RESOLUTION NO. 86-273
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
2 DIRECTING THE EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO WEST SIDE COMMUNITY DEVELOPMENT CORPORATION.
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4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute for and on behalf of
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said City a Community Development Block Grant funding agreement
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with the San Bernardino West Side Community Development
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10 Corporation. A copy of said agreement is attached hereto as
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Exhibit "1" and incorporated herein by reference as though fully
12 set forth at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at a
reqular
meeting thereof, held on the
, 1986, by the following vote, to
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17 wit:
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26 of
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7th
day of
JulV
AYES:
Council Members Reillv. Hernandez. Frazier.
Strickler
NAYS:
None
ABSENT:
Council Members Estrada. Marks. Ouiel
~/N7/7/M&?hb
./ City Clerk
The foregoing resolution is hereby approved this /oc1L day
July
, 1986.
28 Approved as to form:
~rJ/ff~
City Attorney
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rBlS AGI.EI!MENT 1& entered into effective as of
JULY 1
4 1986, at San Bernardino,C&Ufornia, between the CITY OF SAN BE1rnARDINO, a
5 lDUIlicipal corporation, referred to as .City., and WESTSIDE COMMUNITY
6 DEVELOPMENT CORP. (WSCDC), a nonprofit community service orgsnization,
7 referred to as .Subrec1pient..
8 City and Subrecipient agree as follows:
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1. Recitals.
10 (a) Subrecipient has requested financial asB1stance from City for
]] fiscal year 1986/1987 from funds available through a community development
12 block grant from the United States of America to City.
]3 (b) Subrecipient represents that the expenditures authorized by
14 this Agreement are for vaUd community development purposes, in accordance
]5 with federal law and regulations, and that all funds granted under this
]6 Agreement will be used for no purpose other t~n those purposes specifically
17 authorized. The specifiC purposes and scope of services of this psrticular
]8 grant are set forth in Exhibit ..., attsched hereto and incorporated into this
19 Agreement as though fully set forth herein.
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2. PaJllenta. City shall reimburse Subrecipient for allowsble costs
2] incurred under the scope of thiB Agreement and applicable Federal regulations,
22 which have not been paid for or reimbursed in any other manner or by any other
23 Agency. Reimbursement will be made at least on a monthly buiB, with the
24 total of all such reimbursements not to exceed $40,000.00
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3. Tera. ThiB Agreement shall commence July 1, 1986, and terminate
26 June 3D, 1987.
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4. Use of Funds; Budget; Travel L1II1tation.
The funds paid to
28 Subrecipient shall be used by it solely for the purposes set forth in
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Paragraph l(b) of this Agreement, and in accordance with the program budget
submitted by Subrecipient to the &edevelopment Agency of the City of San
Bernardino, a copy of which is attached to this Agreement as Exhibit -B-.
This budget shall list all sources of funding for the program covered by this
Agreement, whether from State, Federal, local or private sources, and shall
identify which sources are paying for which specific portions of the program,
by line-item, to the extent practicable. No travel expenses for out-of-state
travel shall be included in this program unless specifically listed in the
budget as submi~ted and approved, and all travel expenses to be funded from
funds provided hereUDder shall be specifically identified as travel expense,
which shall be negotiated between Agency and Subrecipient in the budget. Any
travel expenses incurred by Subrecipient above the budgeted amount or for
out-of-town travel shall not be eligible for reimbursement unless the prior
written approval of the Executive Director of the &edevelopment Agency of the
City of San Bernardino, or his or her designee, has been obtained. Funds
shall be used for purposes authorized by the COIlllllUDity Development Block Grant
program only, and no portion of the funds granted hereby shall be used for any
purpose not specifically authorized by this agreement. Only net payroll shall
be periodically reimbursed by City as an allowable cost. Any amounts withheld
by Subrecipient from an employee's pay 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 the entity entitled to such payment. Upon suc
payment and the submission of evidence of such payment to the Redevelopment
Agency, such expenses shall be regarded as allowable cost, and City shal
reimburse Subrecipient for such obligation. A variation in the itemization 0
costs, as set forth in the proposed budget submitted to City, not to excee
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10% as to any particular line item, shall be allowed, provided the prior
written approval of the Ezecutive Director of the Redevelopment Agency of the
City of San Bernardino is obtained, it being understood that the totsl amount
of 'the grant shall not be varied thereby. At the end of the term, all
unexpended funds shall be returned to the City by Subrecipient. The parties
intend that grant funds be utilil:ed within the time period covered by this
Agreement, and any funds not used shall revert to the City. No reserve for
the future shall be established with the funds ezcept as aay be authorized to
.eet cOlllllitments ..de for services provided during the period. of this
Agreement, but not yet paid for at the conclusion of this Agreement.
5. . Al::counting. Prior to the final payment under this Agreement, and
at such other times as may be requested by the Ezecutive Director of the
Redevelopment Agency of the City of San Bernardino, Subrecipient shall submit
to the Ezecutive Director an accounting of the proposed and actual
ezpenditures of all revenues accruing to the organization for the fiscal year
ending June 30, 1987. Financial records shall be maintained by Subrec:1pient
in accordance with generally accepted accounting principles, in a manner whic
permits City to trace the ezpenditures of funds to source documentation. 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 Community
Development Block Grant programs. Standards for financial management systems
and financial reporting requirements established by Attachment "F" and
Attachment "G" of Office of Management and Budget Circular No. A-110 shall be
fully complied with by Subrecipient. Subrecipient acknowledges that the funds
prOVided are federal funds. Subrecipient's financial ..nagement system shall
provide for accurate, current and complete disclosure of the financial results
of each program sponsored by this Agreement. It is the responsibility of
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Subrec1pient to adequately safeguard all auets of the program, and
Subrec1pient shall assure that they are used solely for authorized purposes.
6. Services Available to hddentB; Monitor1n& and hporting Program
Perfol'llaUce.
The services of Subrecipient shall be aade available to
residents and inhabitants of the City of San Bernardino unless otherwise noted
in Exhibit. A. . No person shall be denied service because of race, color,
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Sub recipient shall comply with Affirmative Action guidelines in its employment
practices. Subrecipient shall also lIlOJlitor the program's activities and
submit written reports quarterly, or more often if requested, to the Executive
Director of the Il.edevelopment Agency of the City of San Bernardino, in
accordance with Attacbment .H., Office of Management and Budget Circular No.
A-llO. Failure to provide such quarterly performance reports may prevent the
processing by City of Subrecipient's requestB for reimbursement, and may
justify temporary withholding as provided for in Paragraph 11 hereof.
Subrec1pient
shall
7. Procureaent
Practices.
comply
with
]7 procurement procedures and guidelines established by Attachment .0. to Office
]8 of Management and Budget Circular No. A-102, .Procurement Standards". In
19 addition to the specific requirements of Attachment .0" to Circular No. A-102,
20 Subrecipient shall maintain a code or standards of conduct which shall govern
2] the performance of ita officers, employees or agenta in contracting with and
22 expending the Federal grsnt funds made available to Sub recipient under this
23 Agreement. Subrecipient's officers, employees or agents shall neither solicit
24 nor accept gratuities, favors, or anything of monetary value from contractors
25 or potential contractors. To the extent permissible by State law, rules, and
26 regulations, the standards adopted by Subrecipient shall provide for
27 penalties, sanctions or other disciplinary actions to be applied for
28 violations of such standards by either the Subrecipient's officers, employees
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or agents, or by contractors or their agents.
Subrecipient shall provide s
I copy of the code or standards adopted to City forthwith. All procurement
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transactions without regsrd to dollar value shall be conducted in s manner so
4 as to provide maximum open and free competition. The Subrecipient shall be
5 alert to organizational conflicts of interest or non-competitive practices
6 among contractors which may restrict or eliminate competition or otherwise
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restrain trade.
Sub recipient agrees to adhere to the procurement rule a
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specified in Office of Management and Budget Circular No. A-102 Attachment -0-
in its e%penditure of all funds received under this Agreement.
8. ADU-Xick lack ProTia1ona; ]!qual I!aployaent Opport1mity.
All
contract for construction or repair using funds provided under this Agreement
shall include a provision for compliance with the Copeland -Anti-Kick Back-
Act (18.D.S.C. 874) as supplemented in Department of Labor Regulations (29
CFB., Part 3). This act pr(IVides that each contractor or subgrantee shall be
any person employed
in
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from
inducing ,
by any 1IelI11Il,
prohibited
construction, completion or repair of public work, to give up any part of the
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compensation to which he is otherwise entitled. Subrecipient shall report all
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suspected or reported violations to City.
All contracts in ezcess of
$10,000.00 entered into by Subrec1pient using funds provided under this
Agreement shall contain a provision requiring compliance with ]!qual Employment
Opportunity provisions established by Ezecutive Order 111246 as amended.
9. Preva1l1ng Vage l.equ1reaent. Any construction contracts awsrded
by Subrecipient using funds provided under this Agreement in ezcess of
24' $2,000.00 shall include a provision for compliance with the Davis-Bacon Act'
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(40.U.S.C. 276a to 276a-7) and as supplemented by Department of Labor
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Regulations (29CFB.).
Under this act, contrsctors shall be required to pay
wages to laborers and mechanics at a rate not leas than the minimum wages
specified in a wage determination made by the Secretary of Labor.
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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
determination issued by the Department of Labor in each solicitation and the
award of a contract shall. be conditioned upon the acceptance of the wage
determination. Subrecipient shall report all suspected or reported violations
to City.
10. Approval of City of &DY Charaes; Use of Program lDcome. City
reserves the right to require Subrecipient to obtain tha prior written
approval of City of &DY charges or fees to be charged by Subrecipient for
services provided IDlder this Agreement, and of any rules and regulations
governing the provision of services hereunder. Program ineome represents
gross income earned by the Subrecipient from the Federally supported
activities. Such earnings exclude interest earned on advances and I18Y
include, but will not be limited to, income from service fees, sale of
cOllllodities, usage and rental fees. These funda shall be used first for
eligible program activities, before requests for reimbursement, or shall be
remitted to the City. Subrecipient shall remit all unspent progrsm income to
the City within thirty (30) days subsequent to the end of the program year
(June 30, 1987). lDterest earned on funda advanced under the Agreement shall
be paid to the City.
11. i'emporary Withholdina. The Executive Director of the
Redevelopment Agency of the City of San Bernardino is authorized to
temporarily withhold the payment of funda to Subrecipient when the Executive
Director determines that any violation of this Agreement has occurred. Funds
shall be withheld until the violation is corrected to the satisfaction of the
Executive Director or of the Mayor and COllllon Council. Subreclpient shall
have the right to be heard by the Mayor and Common Council if Subrecipient
_intains no violation of the Agreement has occurred, which hearing shall be
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I held within 45 days after the funds have first been withheld, provided
2 Subrecipient requests such hearing within 15 days after such first withholding.
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12. bcords btention.
Finsndal records, supporting documents,
4 statistical records, and all other records pertaining to the use of the funds
5 provided under this Agreement shall be retained by Subredpient for a period
6 of three (3) years, at a mnimum, and in the event of litigation, claim or
i audit, the records shall be retained until all litigation, claims, and sudit
8 findings involving the records, have been fully resolved. Records for
9 non-ezpendable property acquired with federal funds provided under this
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10 Agreelllent shall be retsined for three (3) years after the final disposition of
11 such property.
12 13. Property HsIlagellleDt Standarn. Non-ezpendable personal property,
13 for the purposes of this Agreement, is defined as tangible penonal property,
14 purchased in whole or in part wi th Federal funds, which has useful life of
15 .ore than one (1) year and an acquisition cost of three hundred dollsrs
16 ($300.00) or EIre per unit. Real property means land, including land
Ii improvements, structures and appurtenances thereto, excluding movable
18 l18c:h1nery and equiplllent. Non-ezpendable personal property and real property
19 purchased with or improved by funds prOVided under this Agreement shall be
20 subject to the property management standards specified in Attachment "N" of
21 Off1c:e of Management and Budget Circular No. A-102, "Property Management
22 Standards".
23 14. Teraination for Cause. City reserves the right to terminate thiSI
24 Agreement and any and all grants and future payments under this Agreement inl
251 whole or in part at any time before the date of completion of this Agreement
26 whenever City determines that the Subrecipient has failed to comply with the
2i conditions of this Agreement. In the event City seeks to terminate this
28 Agreelllent for cause, City shall promptly notify the Subrecipient in writing of
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1 the proposed termination and the reasons therefore, together with the proposed
21 effective date. Subrecipient shall be given an opportunity to appear before
3' the Mayor and Common Council at the time at which the Mayor and COIIIIDon Council
4 are to consider such recommended termination, and shall be given a reasonable
5 opportunity to show cause why, if any ensts, the Agreement should not be
6 terminated for cause. Upon determination by this Mayor and Common Council
7 that the contract should be terminated for cause, notice thereof, including
8 reasons for the determination, shall promptly be given to Subrecipient,
9 together with information as to the effective date of the termination. The
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10 determination of the Mayor and Common Council as to cause shall be final.
11 15. Tera1Dation for Convenience. City or Subrecipient may terminate
12 this Agreement in whole or in part provided both parties agree that the
13 continuation of the project would not produce beneficial results commensurate
14 with further ell:panditure of funds. In such event, the parties shall agree
15 upon the termination conditions, including the effective date and, in the case
16 of partial tera1Dations, the portion to be terminated. The Subrecipient shall
17 not incur new obligations for the terminated portion after the effective date
18 and shall cancel as many outstanding obligations as possible. City shall
19 allow Subrecipient full credit for the City's share of the non-cancellable
20 obligations properly incurred by the Subrecipient prior to termination.
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16. Bold Harmless.
Sub recipient agrees to indemnify and save
22 harmless the City and its employees and agents from all liabilities and
23 charges, ezpenses (including counsel fees), suits or losses, however
24 occurring, or damages, arising or growing out of the use of or receipt of
25 funds paid under this Agreement and all operations under this Agreement.
26 Payments under this Agreement are made with the understanding that the City is
27 not involved in the performance of services or other activities of
2R' Subrecipient. Subrecipient and its employees and agents are independent
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1 contractors and not uployees or agents of City.
2 17. __~t. This Agreement _y be alIeUded or aodified only by
3 written agreuent Bigned by both parties, and failure on the part of either
4 party to enforce any proviBion of this Agreement shall not be construed as a
5 waiver of the right to compel enforcement of any proviBion or provisions.
6 18. bBill:Ul!llt. This Agreement shall not be assigned by Subrecipient
7 without the prior written consent of City.
8 19. Ilotices. All notices herein required shall be in writing and
9 delivered in penon or sent by certified uil, postage prepaid, addressed as
10 follows:
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As to City:
As to Subrecipient:
Executive Director,
Redevelopment Agency of the
City of San Bernardino
City Hall, Third Floor b. 320
300 North -D- Street
San Bernardino, Calif. 92418
Westside Community Development
Corporation (WSCDC)
1777 West Baseline Street
San Bernardino, Ca. 92411
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20. Evidence of Authority.
Subrecipient shall provide to City
evidence in the form of a certified copy of minutes of the governing body of
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Subredpient, or other adequate proof, that this Agreement has been approved
in all ita detail by the governing body of Subredpient, that the person(s)
ezecuting it are authorized to act on behalf of Subredpient, and that this
Agreement is a binding obligation on Subrecipient.
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1 Df WITIlESS WIIEIEOl. the parties hereto have encuted this Agreement
21 on the day and year first hereinabove written.
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ArTESr:
~/?~M
/ City Clerk
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Approved 88 to 1egalfora:
~,,1.~
JIIDe/1985
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BY:. ~{) W
yor
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EXHIBIT "A"
Brief PrcUect Des:riptIoo
(Program NaITative)
6/26/86
Scope of Services
'!be fund<;; from this grant request will be utilized to support CDC's 0n-
going Community Eoooomic Development Actl.vitl.es. In general, the funds
will provide administrative, management, and counseling support for CDC's
low-to-moderate income houslnl!; activities. City CDBG funding will be used
in tandem with CDC resources, private financing, and any other funding that
may be raised in the COUIBe of the year for the following specific oQjectl.ves:
a. Plan, ideDtI:fy, and secure fln."'M. for the deVelopment of rental
h""':zIng for low-to-moderate income people in the City of San
Bernardino; while seeking fund<;; from non-city sources for affordable
housing projects.
b. COlltinue H"..:zIng COllnc...1ing actlvities for low-income families with
priorities being given to the bandica.pped, seoicr c1.tI.zeos, and larger
families of the City of San Bernardino. Home ownership, formulation
of forebearance plans, avoidance of foreclosure, legal-aid referral, and
problem resolution counseling are all provided by CDC through this
program.
c. Plan and secure financ:Ing for West Winds VfiIage, a planned residential
development (PRD) of 105 units of low-to-moderate income housing to
be located near Madison and Baseline streets in the City of San
Bernardino.
d. Create Eoooomic Development Strategies to aid in promoting Westside
development actlvitles, i.e. to curb and eventually eliminate board-ups,
address decreasing property values, and high unemployment, and
continue attempting to attract business and industry to the area.
e. Create and develop strategies for providing bousIng fer the Homeles3.
Seek funding opportunities (state and county) and develop linkages with
new and existing programs which are designed to aid the homeles3.
Develop plans to provide emergency housing to the homeless.
'.....r:' PRYOS!
(11' 0' ~. ILl~AADIN: ltEDrWHClI'IU1 &6tN:'
19&<:1'<7 ((lIt(J~ln DUlLClI'IU1 Lon '~"T 'lOGAAJ(
PkWE C', IUDIio!:1 AIIP StHtOU.J: fW
San Bernardino West Side Low-Moderate Income
1. AP1~icar.t:Canmunity Development 2. Project II..: Hosuing Admin.
Corporation
PUSOlIWrL
SERVltES
3. Dlte fr...red: 6/26/86
.. PR~'EC1 BUO~,1
S~h.lES
MI Tt RI AL S
t~TlACTS
CAPITAL
Dl/TLAYS
onu
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T01AL
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It1"" $40,000 $40,000
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b) tO~" fUII~S
11111:111 tount~.
or othtr)
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Financing for i :
Rental Housing 1=========== ======== ! =====
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Housing counsel1ngl===-===~========= ========:1:-========
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Homeless =============t======-:-=====I
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'~'or a compl.etedescr1ptJ.on to the Scope Ot ServJ.ces on the following page.
FF'::'Ar.:t E\: Edward Zahigian, Jr. iITLE: Senior Planner
DATE: 6/26/86
;:~.
Pi-.dtcl Budget; - City CDBG Funds
Pb..~_..~' ServIces
, of 1'ime Salary Fringe 13enefi1B Total
1. Valerie Pope Ludlam 40' $ 21,120 $ 1,793 $ 22,913
2. Sharon Cooper 50' 15,698 1,389 11,081
$ 40.000