HomeMy WebLinkAbout1987-017
RESOLUTION NUMBER 87-17
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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 CENTER
FOR COMMUNITY COUNSELING AND EDUCATION (AGiPg HOUSE).
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of the
City, an agreement for Community Development Block Grant funding
with More Attractive Community (MAC), a copy of which agreement
is annexed hereto as Exhibit "1" and is incorporated herein by
11 reference as though fully set forth at length. The agreement
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provides for the granting of Community Development Block Grant
funds in the following amount of $1,618.00.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
16 Bernardino at a
reqular
meeting thereof, held on the
, 1987, by the following vote, to
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day of
19th
Januarv
wit:
AYES:
Councilpersons Estrada. Reillv. Ouiel.
Frazier. Strickler
NAYES:
Council Member Hernandez
ABSENT:
None
4- -....d~
. City Clerk
12/30/86
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As:i!U~_.EM.EN~
THIS AGREEMENT is entered into effective as of
January 19, 1987
, 1987, at San Bernardino, California, between the
CITY OF SAN BERNARDINO, a municipal corporation, referred to as
"City", and
Center for Community Counseling and Education
,
a nonprofit community service organization, referred to as "Sub-
recipient".
City and Subrecipient agree as follows:
1. Red tals.
(a) Subrecipient has requested financial assistance from
City for fiscal year 1986/1987 from funds available through a
community development block grant from the United States of America
to City.
(b) Subrecipient represents that the expenditures
authorized by this agreement are valid community development
purposes, in accordance with federal law and regulations, and that
all funds granted under this agreement will be used for no purpose
other than those purposes specifically authorized. The specific
purposes and scope of services of this particular grant are sent
forth in Exhibit "A", attached hereto and incorporated into this
agreement as though fully set forth herein.
2. Pavments. City shall reimburse Sub recipient 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 or by any other Agency. Reimbursement will be
made a least on a monthly basis, with the total of all such
reimbursements not to exceed $ 1,618.00
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3. Term.
This agreement shall commence .T~n"or" lQ
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June 30, 19R7
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and terminate
4. Use of Funds: Budqet: Travel Limitation. 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 Development 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, 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 submitted and approved,
and all travel expenses to be funded from funds provided hereunder
shall be specifically identified as travel expense, which shall be
negotiated between the City of San Bernardino Community Development
Department and Sub recipient 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 Director of Community Development of
the City of San Bernardino, or his or her designee, has been
obtained. Funds shall be used for purposes authorized by the
community development block grant program only, and no portion of
the funds granted hereby shall be used for any purpose not specif-
ically 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
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another entity, shall not be included as wages or expenses eligible
for reimbursement as an allowable cost until such time as the
withheld taxes, social security, or other withholdings are actually
paid over to another entity entitled to such payment. Upon such
payment and the submission of evidence of such payment to the City
of San Bernardino Community Development Department, such expenses
shall be regarded as allowable cost, and the City shall reimburse
Sub recipient for such obligation. A variation in the itemization
of costs, as set forth in the proposed budget submitted to City,
not to exceed ten percent (10%) as to any particular line item,
shall be allowed, provided 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. At the end of the term, all unex-
pended shall be returned to the City by Subrecipient. The parties
intend that grant funds be utilized 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
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.
5. Accountino. Prior to the final payment under this
agreement, and at such other times as may be requested by the
Director of Community Development Department of the City of San
Bernardino, Subrecipient shall submit to the Director an accounting
of the proposed and actual expenditures of all revenues accruing to
the organization for the fiscal year ending lQR~/1QR7
Financial records shall be maintained by Sub recipient in accordance
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with generally accepted accounting principles, in a manner which
permits City to trace the expenditures of funds to source docu-
mentation. 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-IIO shall be fully complied with by Subrecipient. Subrecipient
acknowledges that the funds provided are federal funds. Sub-
recipient'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.
6. Services Available to Residents: Monitorina and Reoortina
Proaram Performance. The services of Sub recipient shall be made
available to residents and inhabitants of the City of San Bernar-
dino unless otherwise noted in Exhibit "A". No person shall be
denied service because of race, color, national origin, creed, sex,
martial status, or physical handicap. Sub recipient 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 Department of the City of San
Bernardino, in accordance with Attachment "H", Office of Management
and Budget Circular No. A-IIO. Failure to provide such quarterly
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performance reports may prevent the processing by City of Sub-
recipient's requests for reimbursement, and may justify temporary
withholding as provided for in Paragraph 11 hereof.
7. Procurement Practices. Subrecipient shall comply with
procurement procedures and guidelines established by Attachment "0"
to Office of Management and Budget Circular No. A-102, "Procurement
Standards". In addition to the specific requirements of Attachment
"0" to Circular No. A-102, 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 Sub recipient 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 contractors. To the
extent permissable by State law rules, and regulations, the stan-
dards adopted by Subrecipient shall provide for penalties, sanc-
tions or other disciplinary actions to be applied for violations of
such standards by either the Subrecipient's officers, employees or
agents, or by contractors or their agents. Subrecipient shall
provide a copy of the code or standards adopted to City forthwith.
All procurement transactions without regard to dollar value shall
be conducted in a manner so as to provide maximum open and free
competition. The Sub recipient shall be alert to organizational
conflicts of interest or non-competitive practices among con-
tractors which may restrict or eliminate competition or otherwise
restrain trade. Subrecipient agrees to adhere to the procurement
rules specified in Office of Management and Budget Circular No. A
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102 Attachment "0" in its expenditure of all funds received under
this agreement.
8. Anti-Kick Back Provisions: Eaual Emplovment
OPportunitv. All contracts for construction or repair using funds
provided under this agreement shall include a provision for
compliance with the Copeland "Anit-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 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 compliance with Equal Employment
Opportunity provisions established by Executive Order '11246 as
amended.
9. prevailina Waae Reauirement. Any construction contracts
awarded by Subrecipient using funds provided under this agreement
in excess of $2,000.00 shall include a provision for compliance
with the Davis-Bacon Act (40.U.S.C. 276a to 276a-7) and as supple-
mented by Department of Labor Regulations (29CFR). Under this Act,
contractors shall be required to pay wages to laborers and mech-
anics at a rate not less than the minimum wages specified in a wage
determination made by the Secretary of Labor. In addition, con-
tractors 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
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the acceptance of the wage determination. Subrecipient shall
report all suspected or reported violations to City.
10. Approval of Citv of anv Charaes: Use of Proaram Income.
City reserves the right to require Subrecipient to obtain the prior
written approval of City of any charges or fees to be charged by
Sub recipient for services provided under this agreement, and of any
rules and regulations governing the provision of services here-
under. Program income represents gross income earned by the Sub-
recipient from the federally supported activities. Such earnings
exclude interest earned on advances and may include, but will not
be limited to, income from service fees, sale of commodities, usage
and rental fees. These funds shall be used first for eligible
program activities, before requests for reimbursement, or shall be
remitted to the 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, 1986). Interest earned on funds
advanced under the agreement shall be paid to the City.
11. Temporarv Withholdina. The Director of the Community
Development Department of the City of San Bernardino is authorized
to temporarily withhold the payment of funds to Subrecipients 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 or the Mayor and Common
Council. Sub recipient shall have the right to be heard by the
Mayor and Common Council if Sub recipient maintains no violation of
the agreement has occurred, which hearing shall be held within
forty-five (45) days after the funds have first been withheld,
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provided Sub recipient requests such hearing within fifteen (15)
days after such first withholding.
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 re-
tained by Subrecipient for a period of three (3) years, at a
minimum, and in the event of litigation, claim or audit, the
records shall be retained until all litigation, claims and audit
findings involving the records, have been fully resolved. Records
for non-expendable property acquired with federal funds provided
under this agreement shall be retained for three (3) years after
the final disposition of such property.
13. Propertv Management Standards. Non-expendable personal
property, for the purposes of this agreement, is defined as
tangible personal property, purchased in whole or in part with
federal funds, which has useful life of more than one (1) year and
an acquisition cost of three hundred dollars ($300.00) or more per
unit. Real property means land, including land improvements,
structures and appurtenances thereto, excluding movable machinery
and equipment. Non-expendable personal property and real property
purchased with or improved by funds provided under this agreement
shall be subject to the property management standards specified in
Attachment "N" of Office of Management and Budget Circular No. A-
102, "Property Management Standards".
14. Termination for Cause. City reserves the right to
terminate this agreement and any and all grants and future payments
under this agreement in whole or in part at any time before the
date of completion of this agreement whenever City determines that
the Subrecipient has failed to comply with the conditions of this
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agreement. In the event City seeks to terminate this agreement for
cause, City shall promptly notify the subrecipient in writing of
the proposed termination and the reasons therefore, together with
the proposed effective date.
Sub recipient shall be given
an
opportunity to appear before the Mayor and Common Council at the
time at which the Mayor and Common Council are to consider such
recommended termination, and shall be given a reasonable oppor-
tunity to show cause why, if any exists, the agreement should not
be terminated for cause. Upon determination by this Mayor and
Common Council that the contract should be terminated for cause,
notice thereof, including reasons for the determination, shall
promptly be given to subrecipient, together with information as to
the effective date of the termination.
The determination of the
Mayor and Common Council as to cause shall be final.
15. Termination for Convenience.
City or subrecipient may
terminate this agreement in whole or in part provided both parties
agree that the continuation of the project would not produce
beneficial results commensurate with further expenditure of funds.
In such event, the parties shall agree upon the termination condi-
tions, 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 portion after the
effective date and shall cancel as many outstanding obligations as
possible. City shall allow Sub recipient full credit for the City's
share of the non-cancellable obligations properly incurred by the
subrecipient prior to termination.
16. Hold Harmless. subrecipient agrees to indemnify and save
harmless the City and its employees and agents from all liabilities
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and charges, expenses (including counsel fees), suits or losses,
however occurring, or damages, arising or growing out of the use of
or receipt of funds paid under this agreement and all operations
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.
17 . 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 enforce-
ment of any provision or provisions.
18. Assianment.
This agreement shall not be assigned by
Subrecipient without the prior written consent of City.
19. 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
Community Development Dept.
City of San Bernardino
City Hall, Fifth Floor
300 North nOn Street
San Bernardino, Calif. 92418
Center for Community Counseling and
Ec'ucation
607 E. Highland Avenue
San Bernarnino, r.alifornia 92404
20. Evidence of Authoritv.
Subrecipient shall provide to
City evidence in the form of a certified copy of minutes of the
governing body of Subrecipient, or other adequate proof, that this
agreement has been approved in all its detail by the governing body
of the Subrecipient, that the person(s) executing it are authorized
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to act on behalf of Subrecipient, and that this agreement is a
binding obligation on Subrecipient.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first hereinabove written.
ATTEST:
CITYl SAN BERNARDINO
BY: . W)l~
Mayor, 0 the City of San
Bernardino 1;I~31?7
dw~ad
,/ City Clerk
SUBRECIPIENT:
BY:\) '~~r-!
President
BY:
Secretary
Approved as to legal form:
ft~1:~
KJH/1b
file: cdbgagreement
December, 1986
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PROJECT pROPOSAL
CITY OF SAil BERKARDllIO REDEVELOPMEIIT
1986-1981 caMJlIITY DEVELOPMEIIT BLOCK G
Answer all quest'ons "Mth are appHtlbll to your pr03ett as
as poIs"'" If .ore spate \s needed. attath separate she.t
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--A.
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(}~~~
l\\i
eE'f1IiA~Y' Ulit 'letely
fPlias. TYPEOr RIIIT.)
t.,ROJECT 083ECTM
HOOSIIIG CAPITAL IMPROVEMENTS
ECOIOIIC DEVELOPMENT
X PU8LIC SERVICES 1
(IIOII-PROFIT ORGANlZATIONl
REllA81LITATlOll
FU~: Amount of tommun'ty Development 8lotk Grant funds requested for th's pr03ett:
$ 1'_'. p. .1 -. .' .'. ..
~ ~ ~ 11-:'...........,._"'4-/ ~ :.... :..:,
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APPLlCAIIT IIIFORMATlSl! .
AppHtant/Organ'zat'on: ('.......... fn.. r'^......,~ r.n~11l~11J11 ~ ~iOj ~aoe B2use)
Addrtss:~""'1.y" i"a gD" ~..nAr.Ulle: r... Z'p .:91404 Pel: (114 )882-110
rederal 1.0. 110./56'4:'" SeturUy 110. (nonproflt torp):-,s-nlftst" .
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PROJECT IIIFORMATlO!t
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lhe strutture. s'te area or w\th'n 1/2 .'1. frOl pr03ett s'tel If so.
expla\n: City-owned buildinR in Perris Bill Park
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'll)lEtT IUIlGlT AIID $CMEDULl FIlM
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lITLE: Exu.J-t:". P~fH~ DATE: ".;
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(714) 88').11"
Consumer AIl"ln lk.
No. LA 000382
State Contractor lk.
No. ..,3S'4
P,O. 80. ..8.
SolIn Bern"rdino. CA '2412
NAME:
ADDRESS:
CITY:
CONTACT:
A9&p8 Ht)UAt!
1.01
~ E. Hi9h1and AVA.
San BArnardino. CA Q2404
U D \ Bt E
SC EOULE OF PROTECTION
1- Snni~rnl 1500 Con~rol Panel
1- F.y~.rinr ~ir.n
~- PaRAivA TnfrArAd D.~.ctors
1- B..toto.ry R;.ek-np
4- PedAatoriAn M"qnA~ie Door Contacts
1- Plnftr HA~eh M,,~."ie Contact
(- 1- ~.Y PAd En~ry r~n"rol
1- Hold-up Rutotoon
Instanatlon PrICe $ 1,543 . 00
Monthly Service Charae $
35.00
~K 1- RJ31X Telco Interface Jack Required
InstallatlonPrlce$75.00 rApproYim..~.ly) Monthly Charae $ lOe.
System Includes:
$5,000.00 Warranty
Employee Control RepoltS
YES 0
YES 0
NOil
NOil
Fire InspeCllon Cycle N ,..
~ 24 hour service and IIretlme parts and labor. Guaranlee Included at no extra charae.
Security Represenlalive__ ~.;
license Number
LU000382
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