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RESOLUTION NUMBER 89-260
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 THE
MORE ATTRACTIVE COMMUNITY FOUNDATION, INC., (HISTORY WALK).
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 the
10 More Attractive Community Foundation, Inc., (History Walk),
11 which agreement is attached hereto as Exhibit "1", and is
12 incorporated herein by reference as though fully set forth at
13 length. The agreement provides for the granting of Community
14 Development Block Grant funds in the following amount of
15 $9,500.00.
16 (b) The authorizations to execute the above referenced
17 agreement is rescinded if the parties to the agreement fail to
18 execute it within sixty (60) sixty days of the passage of this
19 resolution.
20 I HEREBY CERTIFY that the foregoing resolution was duly
21 adopted by the Mayor and Common Council of the City of San
22 Bernardino at a regular
23 17th day of July
24 wit:
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meeting thereof, held on the
, 1989 by the following vote, to
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RESOLUTION OF THE CITY OF SAN BE~INO AUTHORIZING THE
EXECUTION OF A CDBG AGREEKBNT BETWEEN CITY AND THE MORE
ATTRACTIVE COMMUNITY FOUNDATION, INC., (HISTORY WALK).
AYES:
Councilpersons Estrada, Reilly, Flores.
NAYES:
Maudsley, Minor
None
ABSENT:
Council Members Pope-Ludlam, Miller
~$?A/~~
/ City Clerk
The foregoing resolution is hereby approved this ~day of
Julv
. 1989.
Approved as to form
and legal content:
a~~/
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KJH/lab/3309
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3 THIS AGREEMENT is entered into effective as of this ~ day
4 of
9Mt
, 1989, at San Bernardino, California,
5 between the CITY OF SAN BERNARDINO, a municipal corporation,
6 referred to as "City", and the MORE ATTRACTIVE COMMUNITY
7 FOUNDATION, INC., (History Walk), a non-profit community service
8 organization, referred to as "Subrecipient".
9 City and Subrecipient agree as follows:
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1.
Recitals.
(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.
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(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.
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(c) Subrecipient will comply with applicable uniform
25 administrative requirements, as described in 24 CFR, Part
26 570.502.
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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
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.
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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,
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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 5. 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
2] 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.
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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 85.4l(c)(d), and Part
85.21. Failure to provide such quarterly performance reports
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constitutes a violation of this agreement. Further, the proces-
sing by City of Subrecipient's requests for reimbursement shall
be halted following such breach, and shall subject Subrecipient
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 by the
Director of Community Development that such failure was due to
extraordinary circumstances and that such breach has been timely
cured without prejudice to the City.
7. Procurement Practices: Conflict of Xnterest.
SUbrecipient shall comply with procurement procedures
and guidelines established by 24 CFR, Part 85.36(d)(1), Subreci-
pient "Procurement Standards". In addition to the specific
requirements of 24 CFR, Part 85, Subrecipient shall maintain a
code or standards of conduct which shall govern the performance
of its officers, employees or agents in contracting with and
expending the federal grant funds made available to Subrecipient
under this agreement. Subrecipient's officers, employees or
agents shall neither solicit nor accept gratuities, favors, or
anything of monetary value from contractors or potential con-
tractors. To the extent permissable by state law, rules, and
regulations, the standards adopted by Subrecipient shall provide
for penalties, sanctions or other disciplinary actions to be
applied for violations of such standards by either the Subreci-
pient's officers, employees or agents, or by contractors or its
agents. Subrecipient shall provide a copy of the code or
standards adopted to City forthwith. Subrecipient shall under-
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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-Kiok Baok Provisions: Eaua1 EmD10vment ODDor-
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. prevai1ina Waae Reauirement.
Any construction contracts awarded by Sub recipient
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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. ADDroval of eitv of anv eharaes: Use of 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
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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 30, 1990).
11. TemDorarv 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.
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
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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,
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together with the proposed effective date. Subrecipient shall
be given an opportunity to appear before the Mayor and Common
c~uncil 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 Convenience.
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
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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 CDBG funds not used at the time of expiration and any accounts
10 receivable attributable to the use of CDBG funds. Subrecipient
11 agrees that any real property under its control, which was
12 acquired or improved, in whole or in part, with CDBG 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
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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. Amendment.
This agreement may be amended or modified only by
written 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.
19. Assianment.
This agreement shall not be assigned by Subrecipient
without the prior written consent of City.
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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 "0" street
San Bernardino, Calif. 92418
Sam catalano, President
More Attractive community
Poundation, Inc.
P.O. Box 1169
San Bernardino, CA 92402
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25 21. Evidence of Authoritv.
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Subrecipient shall provide to City evidence in the form
27 of a certified copy of minutes of the governing body of Subreci-
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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
behalf of Subrecipient, and that this agreement is a binding
obligation on Subrecipient.
22. certification and Assurance.
Subrecipient shall comply with the program requirements
attached hereto as Exhibit "C" which are incorporated by
reference as though fully set forth at length and made a part of
this agreement by execution of all certifications and assurances
of the CDBG 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 supercedes all
negotiations 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 instrument, the terms and conditions of this
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agreement shall prevail.
24. No Third Party Beneficiaries.
No third party shall be deemed to have any rights
hereunder against
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agreement.
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any of the parties hereto as a result of this
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CDBG AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND THE
MORE ATTRACTIVE COMMUNITY FOUNDATION, INC., (HISTORY WALK).
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first hereinabove written.
ATTEST:
..h//.#~
C~1:y Clerk
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28 6/12/89
CITY OF SAN BERNARDINO
By:llJ.l(j{~P I4!u~
a or, city an Bern dino
SUBRECIPIENT
BY:~~~
President
BY:
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MORE ATTRACTIVE COMMUNITY FOUNDATION, INC.
"Scope of Services"
The project will consist of the installation of twenty (20)
bronze plaques along the side of the main walk (history walk)
leading up to the history tree located in Seccombe Lake Urban
state recreation area. The history tree portion of the
project will be accomplished under a separate budget for
which funds have already been raised and is not included in
this grant application.
The twenty (20) bronze plaques will each commemorate a
significant person or event in the history of the San Bernar-
dino area. A copy of an artist's rendering of the completed
project is attached for reference. We are currently working
with the San Bernardino pioneer and Historical Society to
develop the contents of the plaques.
The history walk will become a passive recreational area that
will be used by seniors and other persons visiting the park.
While the walk will be available for all to enjoy, its
primary users will be a reflection of the urban area that
surrounds it. As is evidenced by the users of Phase of of
the park, it is reasonable to expect the majority of the
users of the history walk will be low and moderate income
persons who are primarily comprised of minorities with a
significant number of seniors during mid-day weekdays.
The project will provide a focal point for a passive recrea-
tional area that will educate users about the rich and
colorful history of the San Bernardino area, providing them
with a sense of pride, identity and a sense of community.
This should translate into making better, more productive
citizens.
Most of the physical evidence of San Bernardino's history
walk was located in the downtown area. Historical preserva-
tion was not given the attention it deserved. In fact, a
number of historical buildings were demolished by the Meadow-
brook and Central City redevelopment projects. They are now
lost forever.
The history walk is the only way left for the community to
preserve the important elements of its history for future
generations.
Based on park usage information provided by the Director of
Parks, Recreation and Community Services, a primary service
area for the park has been indicated on the attached City of
San Bernardino 1980 Census Tract map. The overwhelming
EXHIBIT "A"
majority of persons in the project's primary service area are
low and moderate income persons based on 1980 census informa-
tion (attached). The median family income in Census Tracts
numbered 48, 49, 56, 57, 58, and 59 is below the poverty
level with a total of 16,936 people living in those Census
Tracts. There are 47,081 people residing in Census Tracts
numbered 42, 43, 47, 50, 53, 54, 55, 62, 63, 64 and 65 within
the low and moderate income family limits. The remaining two
(2) Census Tracts within the primary service area fall into
the lower or below income categories and, in fact, a large
percentage are classified as poverty level.
EXHIBIT "A"
(Continued)
lab/3311
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CITY 01' 8U BBRllARDIIIO
COMMUIIITY DBVllLOPIIBIIT DBPARTMBIIT
COMMUIIITY DBVBLOPKBIIT BLOCK GRAIIT
PROGRAM UgUIRBKBIIT8
I'OR
8UBRBCIPIBNT8
Prepared. February, 1989
EXHIBIT "e"
I
CITY O~ SAR BBRNARDINO
COJOlUIIITY DBV'BLOPMBHT DBPARTJlBHT
COJOlUIIITY DBVBLOPMBHT BLOCK GRAH'l' PROGRAM
SUDDlemental Information for SubreciDient
As a successful applicant of the City of San Bernardino FY
1989/1990 Community Development Block Grant (CDBG) Program,
you are not only agreeing to provide the services as stated
in your application, but also to abide by the CDBG Program
requirements and responsibilities. To further assist you in
understanding said requirements and responsibilities, the
following summaries and attachments have been prepared to
introduce to or update you on each item. Additionally, this
instructional package will reauire your governing body
designated official to read and sign hiS/her signature as
part of the CDBG agreement.
Monthlv Reauest for Reimbursement
Deadline:
Due the fifth (5th) day after end of each calen-
dar month unless otherwise stated in the CDBG
agreement.
Include the following:
a) One (1) completed Request for Reimbursement form.
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 sub recipient and all documents related to
the CDBG agreement shall be retained and available for
three (3) years following the completion of the funded
program.
b) Each subrecipient agrees to allow the City of San Bernar-
dino Community Development Department to audit the funded
program as part of its annual audit of all CDBG funds
pursuant to federal regulations set forth in Title 24 of
the Code of Federal Regulations.
ReDorta/ReDortina Reauirementa and Records/Record KeeDina
Reauir_enta
While staff realizes that report writing and record-keeping
are not the most desirable aspects of any program, it is one
vehicle that provides a measure of program progress and
accomplishments. Thus, all subrecipients participating in
the CDBG Program are reauired to provide the City of San
Bernardino Community Development Department with written
reports of its activities on or before the tenth (lOth) day
of October, January, April and July of any given program year
for the previous three (3) month period in addition to a
final report when the agreement terminates. All reports
shall include information on program activities, accomplish-
ments, new program information and current program statistics
on expenditures, case loads and activities of the reporting
period.
Each subrecipient is also required to maintain monthly
records of all ethnic and racial statistics of persons and
families assisted by its program(s). This monthly record
shall include data on the number of low and moderate income
persons and households assisted, (as determined by federal
income limits), number of female-headed households, and
number of senior citizens assisted. As mentioned earlier,
each subrecipient is required to keep all accounting records
and evidence pertaining to all costs for three (3) years
following completion of the funded program.
OuarterlY ReDorts
Deadlines: October 10 -- for period covering July 1, to
September 30, of program year.
January 10 -- for period covering October 1, to
December 31, of program year.
3
,.
CDBG PROGRAM
Supplemental Information
April 10 -- for period covering January 1, to
March 31, of program year.
July 10 -- for period covering April 1 to June
30, of program year.
Include the following:
a) One (1) completed Activity Report (form number 802).
b) One (1) competed Direct Benefit Report (form number
045(a).
c) One (1) completed Contract and Subcontract Activity Report
(form OMB 2506-006). (For construction projects only.)
It is the responsibility of the subrecipient to prepare and
submit the required reports by the above stated deadlines in
order to keep City staff informed of any changes to the
funded program(s).
proaram Monitorina
One of the city's responsibilities is to monitor each
subrecipient at least once a year. Not only are the
monitoring visits intended to ensure each agency's continued
compliance with CDBG requirements, but also serve as an
opportunity for City staff to become more knowledgeable of
each agency's program(s). The monitoring visits also serve
as an opportunity to provide information to other City staff,
the Mayor and Common Council and other interested persons.
Listed below is typical information City staff will be
seeking, observations that might be made, and items we may
wish to review:
a) The accomp1ishment(s) of the program(s) to date.
b) Whether or not program objectives are being met.
c) That the intended client group is being served.
d) The number of people on staff.
e) The existence and maintenance of client files.
f) Assistance City staff can provide.
In addition to monitoring each agency once a year, the City
of San Bernardino Community Development Department reserves
the right to have its internal auditor conduct an onsite
audit of the program as part of the its annual audit of all
CDBG funds pursuant to Federal Regulations.
4
" . ~
CDBG PROGRAM
Supplemental Information
Although the terms "monitoring" and "audit" may appear
somewhat formidable, please be assured that your agency will
be notified in advance of any request for a monitoring visit.
Also, please be advised that representatives from HUD monitor
the CDBG program every year. During HUD visit(s), they may
wish to monitor one (1) or more of the City's subrecipients.
If your agency should be selected, you will be notified in
advance in order to arrange a mutually convenient time.
ProarUl 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.
Purchase of Personal ProDertv or BauiDment (Read Section 13
of the CDBG Aareement
All tangible personal property having a useful life of more
than one (1) year and an acquisition cost of three hundred
dollars ($300.00) or more per unit shall be subject to the
requirements of the Property Management Standards specified
in 24 CFR, Part 85.32, "Common Rule".
Procedures
a) All equipment and property purchased in accordance with
the above standards shall be identified as "Federal
Property-HUD", (include your internal Identification
Number). Identification may be achieved by tagging or
engraving the property or by any method that will result
in property Identification Number being Dermanently
affixed.
5
/
.J'
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., exce11ent/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 Ju1v 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. .
Pi seal 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
Audi~.
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.
Th~ 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(8) of the subrecipient agency. This document is to be
attached to the CDBG agreement and shall become part of the
governing requirements.
7
.J.
CITY 01' 8U BBRllARDINO
COJlMlJllITY DBVBLOPMBIIT DBPARTKBIIT
"certification anc! Assurance"
(To Accompany CDBG Agreement)
I,
(Name and Title of Official)
, of
the
(Name of Agency/Organization)
located at
do hereby make the following certification and assurance to
accompany the Community Development Block Grant Agreement
between (name
of organization) and the city of San Bernardino:
a) Certify that the information booklet for CDBG Program
requirements has been read and understood; and
b) Assure that the
(name of Agency) will comply with all governing require-
ments as stipulated herewith in the performance of the
CDBG Agreement.
(Signature of Official)
(Date)
Community Development Department
(Date)
ELF/lab/3025
2/1989
8