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HomeMy WebLinkAbout1989-259 -----1 1 2 3 4 5 6 RESOLUTION NUMBER 89 -2 59 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO BOYS AND GIRLS CLUB, INC. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: section 1. 7 (a) The Mayor of the City of San Bernardino is hereby 8 authorized and directed to execute, on behalf of the City, an 9 agreement for Community Development Block Grant funding with San 10 Bernardino Boys and Girls Club, Inc., which agreement is 11 attached hereto as Exhibit "1", and is incorporated herein by 12 reference as though fully set forth at length. The agreement 13 provides for the granting of Community Development Block Grant 14 funds in the following amount of $20,000.00. 15 (b) The authorizations to execute the above referenced 16 agreement is rescinded if the parties to the agreement fail to 17 execute it within sixty (60) sixty days of the passage of this 18 resolution. 19 I HEREBY CERTIFY that the foregoing resolution was duly 20 adopted by the Mayor and Common Council of the City of San 21 Bernardino at a regular 22 17th day of July 23 wit: 24 25 26 27 IIII 28 6-12-89 meeting thereof, held on the , 1989 by the following vote, to IIII 1 . , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OP THE CITY OP SAN BERNARDINO AUTHORIZING THE EXECUTION OP A CDBG AGREBMBkT BETWEEN CITY AND SAN BERNARDINO BOYS AND GIRLS CLUB, INC. AYES: Counci1persons F.~~r~n~ R~;11y Vlnrp.~ Maudsley, Minor NAYES: None ABSENT: Council Members Pope-Ludlam. Miller 4Pm~/b -' C1 ty Clerk The foregoing resolution is hereby approved this ~day of .1111y , 1989. Approved as to form and legal content: /'~f"-l C1ty At ey KJH/1ab/3297 attachments 6-12-89 2 " '/ -, .'( I -Q'.) ! 1 2 3 4 5 A~B~Jnl~!f~ THIS AGREEMENT is entered into effective as of this ~ day of ,?UJ-V- between the CITY , 1989, at San Bernardino, California, OF SAN BERNARDINO, a municipal corporation, 6 referred to as "City", and the SAN BERNARDINO BOYS AND GIRLS 7 CLUB, INC., (Children's Program Services), a non-profit 8 community service organization, referred to as "Subrecipient". 9 City and Subrecipient agree as follows: 10 11 Recitals. 1. (a) Subrecipient has requested financial assistance 12 from City for fiscal year 1989/1990 from funds available through 13 the Community Development Block Grant Program from the United 14 States of America to City. 15 (b) Subrecipient represents that the expenditures 16 authorized by this agreement are for valid and eligible com- 17 munity development purposes, as defined in 24 CFR, Part 570 in 18 accordance with federal law and regulations, and that all funds 19 granted under this agreement will be used for no purpose(s) 20 other than those purposes specifically authorized. The specific 21 purposes and scope of services of this particular grant are set 22 forth in Exhibit "A", attached hereto and incorporated into this 23 agreement as though fully set forth herein. 24 (c) Subrecipient will comply with applicable uniform 25 administrative requirements, as described in 24 CFR, Part 26 570.502. 27 28 EXHIBIT "1" 6-12-89 -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (d) Subrecipient will carry out each activity, program and/or project in compliance with all federal laws and regula- tions as set forth in 24 CFR, Part 570, with the following exceptions, (i) the Subrecipient does not assume the environ- mental responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's responsibilities for initiating the review process under Executive Order Number 12372. 2 . Pavments. City shall reimburse Subrecipient for allowable costs incurred under the scope of this agreement and applicable federal regulations, which have not been paid for or reimbursed in any other manner by any other agency or private source of funding. Reimbursement shall be made on a monthly basis, with the total of all such reimbursements not to exceed $20.000.00. 3. Term. This agreement shall commence as of the date of execu- tion by City and terminate June 30, 1990. 4. Use of Funds: Budaet: Travel Limitation. (a) The funds paid to Subrecipient shall be used by it solely for the purposes set forth in Paragraph l(b) of this agreement, and in accordance with the program budget submitted by Subrecipient to the City of San Bernardino Community Develop- ment Department, 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, 6-12-89 -2- , 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 6 identified as travel expenses, which shall be negotiated between 7 the City of San Bernardino Community Development Department and 8 SUbrecipient in the budget. Any travel expenses incurred by 9 Subrecipient above the budgeted amount or for out-of-state 10 travel shall not be eligible for reimbursement unless the prior 11 written approval of the Director of Community Development of the 12 City of 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 Program 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 19 include 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 24 entity, shall not be included as wages or expenses eligible for 25 reimbursement as an allowable cost until such time as the 26 withheld taxes, social security, or other withholdings are 27 actually paid over to another entity entitled to such payment. 28 6-12-89 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 Upon such payment and the submission of evidence of such payment to the City of 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 of the City of 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" of this agreement at the time of submission of the budget modification request. A variation in the itemization of costs, as set forth in the budget submitted to City by Subrecipient, not to exceed ten percent (10%) as to any particular line item, shall be allowed provided that the prior written approval of the Director of Community Development of the City of San Bernardino is obtained, it being understood that the total amount of the grant shall not be varied thereby. (f) 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 reimbursement hereunder. This includes, but is not limited to, all laws and regulations relative to the form of organization, 6-12-89 -4- ; . 1 local business licenses and any laws and regulations specific to 2 the business and activity carried out by Subrecipient. Reim- 3 bursement shall not be made to a Subrecipient which is not 4 operating in compliance with all applicable laws. Reimburse- 5 ments may be subsequently paid, at the discretion of the Direc- 6 tor of Community Development, for reimbursement costs incurred 7 during the period when compliance is achieved before expiration 8 of this agreement. 9 s. Accountina: Audit. 10 (a) Prior to the final payment under this agreement, 11 and at such other times as may be requested by the Director of 12 Community Development of the City of San Bernardino, Subreci- 13 pient shall submit to the Director an accounting of the proposed 14 and actual expenditures of all revenues from whatever source 15 accruing to the organization for the fiscal year ending June 30, 16 1990. 17 (b) Financial records shall be maintained by Subreci- 18 pient in accordance with Generally Accepted Accounting princi- 19 pIes, and in a manner which permits city to trace the expendi- 20 tures of funds to source documentation. All books and records 21 of Subrecipient are to be kept open for inspection at any time 22 during the business day by the City, its officers or agents, and 23 by any representative of the united States of America authorized 24 to audit community development block grant programs. 25 (c) Standards for financial management systems and 26 financial reporting requirements established by 24 CFR, Parts 27 85.20 and 85.22 shall be fully complied with by Subrecipient. 28 6-12-89 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Subrecipient acknowledges that the funds provided are federal funds. (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. It is the responsibility of Subrecipient 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 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 service because of race, color, national origin, creed, sex, marital 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 6-12-89 -6- 1 constitutes a violation of this agreement. Further, the proces- 2 sing by City of Subrecipient's requests for reimbursement shall 3 be halted fOllowing such breach, and shall subject Subrecipient 4 to temporary withholding as provided for in Paragraph 11 hereof. 5 City reserves the right to waive such breach, without prejudice 6 to any other of its rights hereunder, upon a finding by the 7 Director of Community Development that such failure was due to 8 extraordinary circumstances and that such breach has been timely 9 cured without prejudice to the City. 10 7. Procurement Practices: Conflict of Interest. 11 Subrecipient shall comply with procurement procedures 12 and guidelines established by 24 CFR, Part 85.36(d)(1), Subreci- 13 pient "Procurement standards". In addition to the specific 14 requirements of 24 CFR, Part 85, Subrecipient shall maintain a 15 code or standards of conduct which shall govern the performance 16 of its officers, employees or agents in contracting with and 17 expending the federal grant funds made available to Subrecipient 18 under this agreement. Subrecipient's officers, employees or 19 agents shall neither solicit nor accept gratuities, favors, or 20 anything of monetary value from contractors or potential con- 21 tractors. To the extent permissable by state law, rules, and 22 regulations, the standards adopted by Subrecipient shall provide 23 for penalties, sanctions or other disciplinary actions to be 24 applied for violations of such standards by either the Subreci- 25 pient's officers, employees or agents, or by contractors or its 26 agents. Subrecipient shall provide a copy of the code or 27 standards adopted to City forthwith. Subrecipient shall under- 28 6-12-89 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 take informal procurement methods for purchases that do not cost more than $25,000.00, in the aggregate, which call for price or rate quotations from an adequate number of qualified sources. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among contractors which may restrict or eliminate competition or otherwise restrain trade. Subrecipient agrees to adhere to conflict of interest provisions set forth in 24 CFR, Part 570.611 and to the procure- ment rules set forth in 24 CFR, Part 85.36, in its expenditure of all funds received under this agreement. 8. Anti-Kick Back provisions: Eaual Emolovment Oooor- tunitv. All contracts for construction or repair using funds provided under this agreement shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18.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 means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Subrecipient shall report all suspected or reported violations to City. All contracts in excess of $10,000.00 entered into by Subrecipient using funds provided under this agreement shall contain a provision requiring comp- liance with Equal Employment Opportunity provisions established by Executive Order Number 11246, as amended. 9. Prevai1inQ Waqe Reauirement. Any construction contracts awarded by Subrecipient 6-12-89 -8- 1 using funds provided under this agreement in excess of $2,000.00 2 shall include a provision for compliance with the Davis-Bacon 3 Act (40.U.S.C. 276(a) to 276(a) 7) and as supplemented by the 4 Department of Labor Regulations (29 CFR). Under this Act, 5 contractors shall be required to pay wages to laborers and mech 6 anics at a rate not less than the minimum wages specified in a 7 wage determination made by the Secretary of Labor. In addition, 8 contractors shall be required to pay wages not less often than 9 once a week. Subrecipient shall place a copy of the current 10 prevailing wage determination issued by the Department of Labor 11 in each solicitation and the award of a contract shall be 12 conditioned upon the acceptance of the wage determination. 13 Subrecipient shall report all suspected or reported violations 14 to city. 15 10. ADDrova1 ot city ot any CharaeSf Use ot Proaram 16 Income. 17 (a) City hereby requires Subrecipient to notify the 18 City, in writing, of its intent to charge a fee for any service, 19 the provision of which is assisted pursuant to this agreement. 20 City requires Subrecipient to obtain the prior written approval 21 of City for any charges or fees to be charged by Subrecipient 22 for such services, and of any rules and regulations governing 23 the provision of services hereunder. 24 (b) Program income represents gross income received by 25 the Subrecipient directly generated from the use of the funds 26 provided hereunder. Such earnings include interest earned on 27 advances and may include, but will not be limited to, income 28 6-12-89 -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 from service fees, sale of commodities, usage and rental fees for real or personal property purchased using the funds provided by this agreement. As to such income, it shall be first applied to eligible program activities, before requests for reimburse- ment and, in the use, shall be subject to all applicable provi- sions of this agreement. Income not so applied shall be remit- ted to city. Subrecipient shall remit all unspent program income to the City within thirty (30) days subsequent to the end of the program year (June 3D, 1990). 11. TemDorarv Withho1dina. 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. Subrecipient 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 occurred. Subrecipient shall file such appeal within fifteen (15) days after such first notice of withholding. The Mayor and Common Council shall set a date for the hearing of such appeal which is within thirty (30) days following the date of filing. 12. Records Retention. Financial records, supporting 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 6-12-89 -10- 1 retained until all litigation, claims and audit findings involv- 2 ing the records, have been fully resolved. Records for non- 3 expendable property acquired with federal funds provided under 4 this agreement shall be retained for three (3) years after the 5 final disposition of such property. 6 13. ProDertv Manaaement Standards. 7 Non-expendable personal property, for the purposes of 8 this agreement, is defined as tangible personal property pur- 9 chased in whole or in part with funds provided under this 10 agreement, which has a useful life of more than one (1) year and 11 an acquisition cost of one-thousand dollars ($1,000.00), or more 12 per unit. Real property means land, including land 13 improvements, structures and appurtenances thereto, excluding 14 movable machinery and equipment. Non-expendable personal 15 property and real property purchased with or improved by funds 16 provided under this agreement shall be subject to the property 17 management standards set forth in 24 CFR, Part 85.32. 18 14. Termination for Cause. 19 (a) City reserves the right to terminate this 20 agreement in accordance with 24 CFR, Part 85.43, and any and all 21 grants and future payments under this agreement, in whole or in 22 part, at any time before the date of completion of this agree- 23 ment whenever City determines that the Subrecipient has materi- 24 ally failed to comply with the terms and conditions of this 25 agreement. In the event City seeks to terminate this agreement 26 for cause, city shall promptly notify the Subrecipient in 27 writing of the proposed termination and the reasons therefore, 28 6-12-89 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 together with the proposed effective date. Subrecipient shall be given an opportunity to appear before the Mayor and Common Council at the time which the Mayor and Common Council are to consider such recommended termination, and shall be given a reasonable opportunity to show cause why, if any exists, the agreement should not be terminated for cause. Upon determina- tion by the Mayor and Common Council that the agreement should be terminated for cause, notice thereof, including reasons for the determination, shall promptly be mailed to the Subrecipient, together with information as to the effective date of the termination. Such notice may be given orally at that hearing. The determination of the Mayor and Common Council as to cause shall be final. (b) In the event of any termination whether for cause or for convenience, Subrecipient shall forthwith provide to the Community Development Department any and all documentation needed by the Community Development Department to establish a full record of all monies received by Subrecipient and to document the uses of same. 15. Termination for convenienoe. City or Subrecipient may terminate this agreement, in accordance with 24 CFR, Part 85.44, in whole or in part provided both parties agree that the continuation of the project would not produce beneficial results commensurate with further expend- iture of funds. In such event, the parties shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The Subrecipient shall not incur new obligations for the terminated 6-12-89 -12- 1 portion after the effective date and shall cancel as many 2 outstanding obligations as possible. city shall allow Subreci- 3 pient full credit for the City's share of the non-cancellable 4 obligations properly incurred by the Subrecipient prior to 5 termination. 6 16. Reversion of Assets. 7 Subrecipient agrees that upon expiration of this agree- 8 ment, the Subrecipient shall transfer to the City any and all 9 COBG funds not used at the time of expiration and any accounts 10 receivable attributable to the use of COBG funds. Subrecipient 11 agrees that any real property under its control, which was 12 acquired or improved, in whole or in part, with COBG funds in 13 excess of $500.00 shall either, (i) be used to meet one (1) of 14 the three (3) national objectives as set forth in 24 CFR, Part 15 570.208 until five (5) years after expiration of the agreement 16 or such period of time as determined appropriate by the City, 17 or; (ii) is disposed of in a manner which results in the City 18 being reimbursed in the amount of the current fair market value 19 of the property less any portion thereof attributable to expend 20 iture of, or improvement to, the property by Subrecipient. Such 21 reimbursement is not required after the period of time speci- 22 fied, in (i) above. 23 17. Hold Harmless. 24 Subrecipient agrees to indemnify, save and hold harm- 25 less the City and its employees and agents from all liabilities 26 and charges, expenses (including counsel fees), suits or losses, 27 however occurring, or damages, arising or growing out of the use 28 6-12-89 -13- 1 2 3 4 5 6 7 8 of or receipt of funds paid under this agreement and all opera- tions under this agreement. Payments under this agreement are made with the understanding that the city is not involved in the performance of services or other activities of the Subrecipient. Subrecipient and its employees and agents are independent contractors and not employees or agents of city. 18. Amenc!ment. This agreement may be amended or modified only by written agreement signed by both parties, and failure on the 9 part of either party to enforce any provision of this agreement 10 11 12 13 14 shall not be construed as a waiver of the right to compel enforcement of any provision or provisions. 19. Assianment. This agreement shall not be assigned by Subrecipient without the prior written consent of city. 15 16 17 18 19 20 21 20. Notices. All notices herein required shall be in writing and delivered in person or sent certified mail, postage prepaid, addressed as follows: As to city: As to Subrecipient: Director 22 Community Development Dept. city Hall, pifth Ploor 23 300 North "D" street San Bernardino, Calif. 92418 Jerry Herndon, Director San Bernardino BOy. and and Girl. Club, Inc. 1180 .e.t Ninth street San Bernardino, CA 92411 24 25 21. Evidence of Authoritv. 26 Subrecipient shall provide to City evidence in the form 27 of a certified copy of minutes of the governing body of Subreci- 28 6-12-89 -14- CDBG AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THB SAN BBRNARDINO BOYS AND GIRLS CLUB, INC., (CHILDREN'S PROGRAM SBRVICBS). 1 2 3 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first hereinabove written. 4 5 ATTBST: 6 ~~ 7 " City Cler 8 9 10 BY 11 12 13 Approved as to form 14 and legal content: ~'" ) 15 16 c~ty At ey 17 KJH/lab attachments 18 19 20 21 22 23 24 25 26 27 28 6/12/89 -16- SAN BERNARDXNO BOYS AND GXRLS CLUB "Scope of Services" Program services Objective: The expansion of the scope of program serv~ces to the San Bernardino communities, particu- larly those county areas bordering the City of San Bernar- dino. Program services to be provided include education, employ- ment, camping, physical recreation, social recreation, youth development and community services. These services will be offered to children 6-17 years and their families at little or no cost. Education services include tutorial and supplemental educa- tion for elementary through high school. The program offers youth the opportunity to grow and develop through health education and educational camp services. It also helps to educate teen parents in responsible parenting. The Boys and Girls Club work in conjunction with California State univer- sity and the Metropolitan 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, kung-fu, games room tourna- ments, camp-outs, excursions and day camp activities. The social recreation and community services aspect of the program serves children of all ages and their family members by providing emergency food supplies, free meals and whole- some family activities. Youth development is a important aspect of the program. Counselors work directly with "at risk" youth to provide guidance counseling services, direction and positive channels for behavior. Arts and crafts and modeling are just two of the program elements offered to assist counselors in building self-esteem, talents and a sense of self-worth for the "at risk" youth. The Boys and Girls Club mission is to ensure and enhance the quality of life for boys and girls as participating members of a diverse urban society. with special concern for the disadvantaged, the Boys and Girls Club assist you in realiz- ing their potential for personal growth and development. To accomplish these goals, we provide services based on princi- pals of behavioral guidance which will meet the health, social, educational and vocational needs of our members, instilling true leadership skills. EXHXBXT "A" ....; .... 6/12/89 .:0 ..., - "C ~.. '" ., 1;; .. 'co 0 ..., "'" V'l -u. '0 ~~ -' 'W V'l >- '0 co .~ "". 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"'> Cl)ctIl-l .c'" ,., .c .QC.l+J..-J ~ 0 " .... '" \fol+Jr-4"O o ns r-4 ~ .c..;-'l "'~ ... v tCl"O . c; "'_.... 1""'1 a c.. u ns )..j e 0 +Joo'" o....uo .. <: ~ .... Q 0.. "0 ~ C CJ .. e; ~...~o "'ll/"'~ c.:l~-"" . "' ", , c' " .~ .., , I ./ , " c '" 0: .. - '. " ~ u ., .. ~ " I:; ., " " - - '" '" .. ." .. ~ .. w ... ., .' n "',", CITY 01' 8U ..RDJU)IIfO COHM1JllITY DBVBLOPIImlT DBPARTJOlIl'1' COHM1JllITY DBVBLOPJlBII'1' BLOCK GRAIIT PROGRAM RBgOZRBMBNT8 1'0. SOBRBCIPZBNTS prepared I I'ebruary, 1989 EXHIBIT "e" UL~, ., CITY OJ' sur BBUARDIlrO COIUIUlrITY DBVBLOPUIrT DIPARTMBIrT COIUIUlrITY DIVBLOPMBIrT BLOCK GRAIr'l' PROGRAM SUDDlemental Information for SubreoiDient As a successful applicant of the City of San Bernardino FY 1989/1990 Community Development Block Grant (CDBG) Program, you are not only agreeing to provide the services as stated in your application, but also to abide by the CDBG Program requirements and responsibilities. To further assist you in understanding said requirements and responsibilities, the following summaries and attachments have been prepared to introduce to or update you on each item. Additionally, this instructional package will reauire your governing body designated official to read and sign his/her signature as part of the CDBG agreement. MonthlY Reauest for Reimbursement Deadline: Due the fifth (5th) day after end of eaoh oalen- dar month unless otherwise stated in tbe CDBG agreement. Include the following: a) One (1) completed Request for Reimbursement form. of all checks issued that are being b) One (1) copy reimbursed. c) One (1) copy issued. d) One (1) copy bursed. of All bills/receipts that support check(s) of all payroll check(s) that are being reim- e) One (1) copy of All check stubs, accounting ledgers, and/or other documentation that reflect gross salary and all deductions for each check(s) issued. f) One (1) page narrative describing activities undertaken during the month included for reimbursement. In response to its part of each agreement, the City agrees to pay all invoices within thirty (30) days after it receives the invoice provided the City is satisfied all expenses have been incurred within the scope of the executed agreement and that the subrecipient continues to comply with the terms and conditions of the CDBG agreement. (Generally, invoices are processed within ten (10) days of receipt of same.) The City reserves the right to defer processing of invoices and withhold payments until all required reports, statements, and/or certificates have been submitted and, where necessary, approved. 2 "",'~ CDBG PROGRAM Supplemental Information a) All accounting records and evidence pertaining to all costs of each subrecipient and all documents related to the CDBG agreement shall be retained and available for three (3) years following the completion of the funded program. b) Each subrecipient agrees to allow the City of San Bernar- dino Community Development Department to audit the funded program as part of its annual audit of all CDBG funds pursuant to federal requlations set forth in Title 24 of the Code of Federal Requlations. aeDorta/ReDortina Reauirementa and Records/Reoord xeeDinq aeauirements 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 proqram 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 proqram year for the previous three (3) month period in addition to a final report when the agreement terminates. All reports shall include information on proqram activities, accomplish- ments, new program information and current proqram 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 proqram(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 ReDorta 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 program year. 3 CDBG PROGRAM Supplemental Information April 10 -- for period covering January I, 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 Monitoring One of the City's responsibilities is to monitor each subrecipient at least once a y~ar. 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 HOD monitor the CDBG program every year. During HOD 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. Proaraa BUdaet 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. :r::ase ot Personal ProDertv or EauiDment (Read Seotion 13 of the CDBG Aare_ent 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". Prooedures a) All equipment and property purchased in accordance with the above standards shall be identified as "Federal PropertY-HOD", (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. 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 endina 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. . riscal Accountina and Audit Documentation The City of San Bernardino Community Development Department requires each agency to observe and comply with all account ing rules and audit procedures as set forth in the CDBG agreement. The following is a brief description of the most prominent requirements: a) As a participant in the City of San Bernardino CDBG Program, each subrecipient agrees to keep all funds received from the City seDarate 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 AUdita Each subrecipient shall provide the city of San Bernardino Community Development Department with an audit report, completed and signed by a Certified Public Accountant. The audit shall include all information pertinent to the CDBG funded program including any audit findings. The audit report shall be prepared and sUbmitted-to the City of San Bernardino Community Development Department as soon after the close of the year ending June 30, as is possible, or immediately after the subrecipient's regular audit is completed (whichever is first). Certification and Assurance Attached is a copy of the Certification and Assurance form to be prepared and signed by the designated governing offi- cial(s) of the subrecipient agency. This document is to be attached to the CDBG agreement and shall become part of the governing requirements. 7 CITY O. BAR BBRNARDINO COJOlOBITY DBVBLOPJlBBT DBPARTJlBBT flOOi I (;. ..AI\.. "Certification and Assurance" (To Accompany CDBS Agreement) I, .T~rry Herndon, Executive Director (Name and Title of Offipial) the Rny~ and Girls Club of San Bernar~lno (Name of Agency/Organization) , of located at do hereby make the following certification and assurance to accompany the Community Development Block Gr~nt Agreement between Rn ~ and Girls club of San Bernardlno (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 comply with all governing require- ments as stipulated herewith in the performance of the CDBG Agreeme 1180 West 9th Street, San Bernardino 92411 7/28/89 (Date) Department 7-"]/-N' (Date) ELF/lab/3025 2/1989 8