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HomeMy WebLinkAboutR17-Economic Development Agency o ~ p RDQi]EST ~ sI~N.~N~. ACPIOId Fran: I~'IIi J. Fri Subject: FY 199/1992 COB(i AGStffi~dYP E:maitive Dit+e~'tar HETWEH~T CITY A~ BRAS OONIIdTAPiTY CBNPER Date: June 11, 1991 synopsis o! Previous oa®iseioo,/oamcil/oa~sittes Actions On February 11, 1991, the Mayor and Oommn Oouncil appo.~oved and adapted the FY 1991/1992 CDBG Progrmn Mix an3 authorized staff to solicit proposals for same. Cn May 6, 1991, the Mayor and O®Iret mil took an action establishing May 20, 1991 at 3:00 p.m., far the date affi time certain of the FY 1991/1992 CDBG Public On May 20, 1991, the Mayo and Ornmnn cotmcil reviewed reorn®etx9aticns sulmitted by the Oommmity Development Department Citizen Advisory Caoaittea and approved same for CD®G lLIIlditfg assistance far' Fiscal Year 1991/1992. Recommended MatiCms (favor and O®om Oota:cil) © RE80WPION OF TB$ 1Q1YO[t AMID CprHmlT ODT~+ 09' TBE CITft OF 8AN ADT~i2't~i A~ DIITBCFIIxi T9E B~PIOti OF A. ODMtdRiITY D8v820PM®A' HIGCR fAt11NP FOPIDIIID ASP BBTWffi1 TBB CITY GT' SAN BII~D A2ID FRA~B COFAIIA~IITY CSNi'8[2. Ad4u tar 103L~II~1'H J. } ~T, EfGe011 ve rector Devalapme~ Depa1'~t Cantaat Pezsan: __Ken Iiel'detsaQ?/Fkl Flares Phase: 5065: 5081 Project Area: All Protect Areas Nazd(s) : All Wards z~+^~;*s; Data Attached: Staff Reaor't: Resolutim: Acreement: E~ibits FUNDII~G RF7Q[JII2II~3JPS: Amamt: S 20.000.00 Sottroe: FY 9,/92 CDBG IOC Budget Authority: Odom{8sicuti/Oolmcil l~iotea S ®K7fi:ELF:lab:4409 ODMi+II88IDN A@i~1 Meeting Dates June 17, 1991 Agenda Item Nos _ /~- p ~i~ i~~ ~tY FY 1991/1992 CDH(i Mss®ailt Cad May 20, 1991, the Mayor and Coss Cuaicil ca~ducted the FY 199],/1992 CO®G Public Iienring and awarded caisi~mity Develcpneait 81odt Graant Rmc]ss to certain public service, cxpitai itrgxvve®ent era rain housing projects. Agreements are now required to impiea~rit said projects. ~e attac3:ed Agxe~t between the City and FYazea Comnta:ity Oenter includes a "scope of services" and "program budget", refereed to in the Agreemeaxt as F~ibits "A° and "8", respectively. 'II'yeee F~ibits are inoozporated by reference as thax~ fully eat forth at length. Adoption of the attac3~ed Resolution by the Mayor airs Oommnn Oamcil authorizes and diYects the Mayan to execute the Agreement as described herein. I reoartoerid adoption of the attached Resolutim. n 14' J. ~i, E:oeou w rector Dsvelopm~t ~K7H:lab:4409 CO1Q !0*~l:PIIia )!eating Datss 06/17/91 . p 4 1 xseo~,vrsaet a~ ~ ~a?~ott ~ aat~net aao~csr, oa ~ c~c a~ w~ 2 ~ ~ nz~crnx~ ~ t a~ ao~a~r ngvarc~r Broc~ m~?rrr actr eat ~ crr~r oar e~?x ea~o ~ ~ oo~samuTx 3 4 Bs rr ~eso~.vBD Bx ~ MnYnat ~ ooM~tx1 aoamxu, a~ ~ ccTr a~ e~rt o As aoitoss: 5 eeatian i. 6 (a) Ztie Mayor of the City of San Bernardino is hereby authorized and 7 directed to execute, on behalf of the City, an agreeement far Ccmmmity 8 Development Block Grant funding with FRAZEE CZrTII]NITS( CFNIER. which agre®ent 9 is attached hereto as Exhibit "1", and is inoorparated herein by reference as 10 11 ttx~i Puny eet Earth at length. Zhe agreeement pxwides far the granting of Oam~u:ity Developmer:t Block Grant funds in the following amount of 520.000.00. 12 Beotica 2. 13 14 (a) the autharizations to e~oecute the above referenced agreement. is res- ® 15 cindeci if the parties to the agreement fail to execute it within sixty (60) 16 sixty days of the pnesaige of this Rsolutirn. I HEF2EBY CESi'!~+'ft that the faregoisg resolution waa duly adopted bi' the 17 18 Mayan and common 0o<ax:il of the City of San Bernardino at a 19 thereof, held on the _ day of 1991 by the following vale, to wit: 20 21 //// //// 22 ~j / ~ //// //// 24 //// //// ~ //// //// 26 //// //// ® 27 28 lab:3961 Rev. 6/11/91 -1- o~? '~! CITY off' BAN Ho AV~tiZ~Ri T~ S~CAlSa1 ~' A CDBO ATP BE1WSEli CITY ARD BRAS COLARAJITY CENPE[t Q 1 2 1 1~ ~ 3 - 4 Rffid,Y - 5 - 6 rmvnslEY - - 7 MII1CH2 8 P~-1nn~AM 9 MILLFI2 _ 10 11 ty cleric 12 13 j"'~ 14 ~e foregoing Resolution i8 hereby app~wed this - day of , 7i1r?/ 15 1991. 16 17 W.R. BoIOCNID, Mayor 18 city of San Bernardino Approved as to faoan and 19 legal content: 20 F. max, Cite Atterndy 21 22 By: 23 24 25 2G ® 27 28 lab:3961 Rev. 6/11/91 -2- . 0 0 1 D41~I~1~~1~NT 2 3 ~S AC~tE~lf is entered into effective as of this _ day of 4 , 1991, at San Bernardityo, California, between the CITY OF SAN 5 BE[d~RDIIdO, a mymicipal oorporation, referred to as "City", and G C01~4+IIRiITY CENTm, a noa,pz+ofit community service ozganization, referred to as 7 "Subrecipient". City atd Sv}nacipietyt agree as follows: 8 1. Recitals. (a) S~brecipie¢:t has requested f{*+¦TM^i~, asaistame from City far 9 10 fiscxil year 1991/1992 !r® Runts wvai,wh,e {hy~ }lye O~mity Development 11 Block Grant Program try the tA,ited states of America to City. 12 (b) Subrecipient represent8 that the expenditures autharized by this 13 are far the nxvvision of enoarum,cv food and referral services far © emDlovment and housinc to law std income individuals and their 14 15 ~'~'' which are valid and eligible oommtimity development guposes, as de- ~ fitted in CFR Part 570 in aooordarne with federal law std regulations, and 16 that all Runts granted order this Agraetoent will ba used far no purpose other 17 than those purposes specifi~lly authorized. ~e specific purposes and scope 18 Of services Of this ~ ~~>>.r giant are set Earth in Er~ibit "A", attached 19 hereto and inoarposated into this Agreement as thotx~y R,lly set forth herein. 20 21 (c) Subrecipient will oouQly with applicable uniform ~i*i~~+tive rer~i~i*,ame*++m, as described in 24 CFR, Part 570.502. 22 ~ (d) Subrecipierit will carry out each activity, program atn~/ar project 24 ~ aaq~lianoe with all federal laws and regulations as sat Earth in 24 CFR, ~ Part 570, with the following eyooeptians, (i) the svt~recipierrt does not assume 26 the ertvircmoental responsibilities of the Grantee as described in 24 CFR, ® 27 Part 570.604, ard; (ii) the Subrecipiant does not assutoe the Grantee's ~ responsibilities far initiating the review process under Ewecutive Order lab:4412 Rev. 6/11/91 -1- EffiBIi "I" p ® 1 ldmober 12372. 2 (e) Stilaeciplerrt will comply with the requis+aoents set forth in the 3 Uniform Relocation Aseistarne and Real Property Acquisition Policy Act of 4 1970, as ametded, (LktA), 49 CFR, Part 24 in aooordanos with federal 5 regulations when attmgoti:rJ to ar acquiring any building ar parcel of land. 6 svbrscipient will be required to obtain written approval fzom the Hoecutive 7 Directar of the Development Departsent priar to any activity taking place 8 within the confines of SIItA 49 CFR, Part 24, as amended. 9 2. P~tnments. 10 City shall rei:obtuse Stibrscipiei:t far allowable costs irras~.red under ll the scope of this Agreement aTd applicable Federal regulatia~s, which have. i 12 oat been paid far ar rei+~++*+_~ in any other manner by any other Agency ar 13 private sauce of Darling. Reimb:uiamoent will be made at least on a monthly Q 14 basis, with the fatal of all such reimbursements oat to exceed $20.000.00. 15 a. ~ 16 This Agreement shall commence Jt:ly 1. 1991. and terminate Jtme 30, 17 1992. 18 4. Qse o! Fuadss Budget; Travel rimitatian. 19 (a) ~e Dads paid to S1;bzecipient stall ba used by it solely for 20 the piuposes eat Earth in Paragraph 1(b) of this Agreement, an3 in aooordanoe 21 with the program budget submitted by Subrecipient to the City of San Hernar~ 22 lino Community Development Department, a Dopy of which is attached to this 23 AgreeameYt as bdiibit "B". his budget shall list all eourops of fluding far 24 the program covered by this Agreement, whether fma State, ~++++i , local ar 25 private sau~oes, atrl shall identify whic3: sources are pnyi~ far which speci- 26 fic portions of the program, by line-item, to the extent practicable. ® 27 (b) tJo travel expenses far aut-of-state travel shall be irrluded in 28 lab:4412 Rev. 6/11/91 -2- p O this program unless specifically listed in the budget as submittea and ap- prwed, arri all travel expenses to be !:aided from Rar]s pswided here:uxler ® 1 2 shall be specifically identified as travel expense, which shall be negotiated 3 between the City of San Bernatdir:o Development Deparbmallt and Subrecipient in 4 the budget. Any travel expenses irxau>.~+ed by Subrecipient above the budgeted 5 amount ar far cut-of-state travel shall not be eligible far reimbuxaemPnt 6 unless the prior written approval of the Executive Direc.~tar' of Development 7 Departaoent of the City of San Bernardino, ar designee, has been obtained. 8 (c) F1a~ds shall be used far purposes authorized by the Oosma:ity 9 Development Block meant Program only, and no pottier of the fords granted 10 hereby shall be used far any purpose not specifically autlnrized by this 11 12 (d) Cl:ly net payroll shall be periodically reimlw.~sed bi' City as an 13 allowable cast. Any amounts withheld by Svbmacipient from an employee's pay 14 far taloes, social security, ar other withholding and not i,~9i motel Y paid 15 over to another entity, shall not be included as wages ar eligible 16 far reimb:usement as an allowable cost until such time as the withheld ta~aes, 17 social security, ar other wi}*?+^lAi.~ are actually paid ovar to another 18 entity entitled to suds payment. LTpan such payment and the submission of 19 eviderne of a:x3i payment to the City of San Hernardir:o Development 20 Development Department, sod: expenses shall be regarded as an allowable cost, 21 arrl the City shall reimburse svbrecipie~t far such obligation. 22 (e) Subrecipient shall be allowed, with the priar written approval 23 of the Development Department of the City of San Bernardino, to make danges 24 to the budget during the first three (3) quartets of the fiscal year, so long 25 as Swbx+ecipient is in oompliarne with Section "2° oP this Agreement at the 26 ® time o! eulmissian of the budget modification request. A variation in the 27 itemization of costs, as set forth in the prq.:osed budget submitted to City, 28 lab:4412 I~ev. 6/11/91 -3- p O ® 1 not to ataaeed ten percent (lot) ae to any n+!~"ties,i.r line item, Bt1a11 be 2 allowed, provided that the priar written approval of the ESaecutlve Director 3 of the Development Development of the City of San Hertardino is obtained, it 4 being ta:dezstood that the total amrnmt of the grant stall not be varied 5 therelyy. 6 (f) ate parties intend that grant Rur]s be utilized within the time 7 period covered by this Agresmmzt, ant entitlement to any Raids not expended 8 ar obligated shall revert to the City. No reserve for the future shall be 9 established with the Rinds etroept as may be aut2:arized to mast oommitmettts 10 made far services provided during the period of this Agreement, but not yet I1 paid far at the canclusian of this Agreement. 12 (g) bttbrecipient stall remain in compliance with all state, federal 13 std lo~l laws priar to the receipt of any reimbursement t:ererader. his ® 14 itx•.ludes, but is not limited to, all laws and regulations relative to the 15 farm of arganizaticn, lo~l bueittees licenses and any laws and regulations 16 specific to the business and activity carried out by Subr+ecipient. Iaeimlxu~ee- 17 meet shall txtt be made to Submecipient which is not operating in ~lianoe 18 with all applicable laws. Reimbursements may be subeequetttly paid, at the 19 disar+etion of the tha3cutitre Director of the Development Department far 20 ousts irtcurz+ed during the period when oompliarne is achieved 2l before expiration of this Agreement. 22 s. Minas 7ltdit. 23 (a) Priar to the fjTMl payment order this Ags~ettt, std at such 24 ottsar times as may be requested by the E:oacnttive Director' of the Development 25 Department oP the City of San Bertarditto, bltbzecipiatt shall eutmit to the 26 Director an acoaatting of the poroposed and actual expetditures of all © 27 revenatea Eton ~atever scums accruing to the organization far the fiscal 28 lab:4412 Rev. 6/11/91 -4- p O year ending Jta~e 30, 1992. 1 (b) ginax~irl Le0aRd8 Shall bB meie~ninnrl ~ Subrecipierrt in aooard- 2 once with Generally Accepted Aooo~mting Principles, and in a marn~er whici'r 3 permits City to trace the expenditures of funds to source documentation. All 4 boar aryl records of Subrecipient are to be )Dept open !ar inspection at any 5 time during the business day by the City, its officers ar agents, and by any 6 repr+aeerrtative of the United States of America authorized to audit o~u:ity 7 development block grant p~rograme. 8 (c) Standards far financiA~ marfagemerrt systems and financial report- 9 irlg y~,i„~„ra established by 24 CFR, Parts 85.20 aryl 85.22 shall be fully 10 o~lied with by Subrcecipierrt. Subxecipient.ac7c~owledges that the Rinds 11 - _ '~ provided are federal Rinds. 12 (d) SUbmecipient's financial mnnage®etrt system shall provide far 13 aoauate, clurerrt and complete disclosure of the firarrcial results of each 14 ® program sponeax+ed by this Agre®ent. Tt is the respa~sibility of Subreci- 15 pierrt to adequately safeguard all assets of the program, and Subzecipim~t 16 shall assure that they are used solely far auttnx~ized p:upose6. 17 6. ~icee 7lvailabls to i~aidarter Moeitorirfa sad Rarxrrtin<r Program 18 19 4Y:e services of Subzecipiant shall be made available to residents aryl 20 inhabitants of the City of San eerrardino unless athexwise noted in ESdiibit 21 "A". No persarr shall be denied service because of race, solar, national ari- 22 gin, ca.~eed, sex, marital status, ar physical handicap. Submecipient. shall 23 24 ~lY with Affirmative Action guidelines in its employment practices. Subre- cipient shall also manitar the program's activities and submit written re- 25 26 Pis quarterly, ar mere often if requested, to the F7csaitive Directar of the ® Developemrt Dspartmmit of the City of San Hernrudim, in aooordanoe with 24 27 CFR, Part 85.41(c)(d) aryl Part 85.21. Failure to provide stu3r quarterly 28 lab:4412 l~v. 6/11/91 -5- p O 1 1~~~ $ ~Y P the ls~J by City of Subrecipient's 2 requests far ~, and may justify teaq~orary withholding as provided 3 far in Paragraph "11" hereof. City reserves the riot to waive suds breach, 4 without prejudice to any other of its rights here+axler, upon a finding by the 5 Eyaeastive Director of the Development Department that such failure was due to 6 extraordinary cir+aaostanoes and that such breach has been timely cured 7 without prejudice to the City. 8 7. Proaur~t Praatioess Oonlliat of TM*~++~*. 9 Subrecipient shall Damply with pmoaire?oetst psrooed<tres and guidelines ~I~ 10 establist]ed by 24 CPR, Part 85.36 (d) (1), Slsbrecipierst "Pr~oasrsment i 11 Standards". In addition to the specific rer~~t*+~r*a of 24 CER, Part 85, . 12 Svbrecipient stall +~+{*+*"{* a Dods ar standards of which shall govern 13 the perfaraarne of its offioara, employees ar agents in oorrtraeting with and ® 14 expending the federal grant funds made available to Slsbrecipient under this 15 Agreement. Subrecipietst's offioere, employees ar stall neither solicit 16 nar aooept gratuities, favore, ar atsythirg of monetary value fry cantiactore 17 ar potesstial wntrackore. 7b the extent permissabie by state law, rules, and 18 regulations, the standards adopted by Svbxecipiesst shall provide far 19 penalties, sasrtions ar other disciplinary actions to be applied far 20 violations of suds standards by either the 5t:brecipient's officers, employees: 21 ar agents, ar b5' contractors ar their agents. Svbrecipient stall provide a 22 copy of the code ar standards adopted to City forthwith. All peroanr+ement. 23 tsar~sactions without regard to dollar value shall be conducted in a mara~er so 24 as to provide maximum open and free ccagetition. zta subre~cipient shall be 25 alert to organizational conflicts of interest arson-oaapetitive practices 26 among contractors whirls may restrict ar eliminate oc~etition ar otherwise 27 +~*•A{++ trade. Sutuecipim~t agrees to adhe2e to conflict of interest 28 lab:4412 t~v. 6/11/91 -6- . Q a 1 provisions set forth in 24 CPR Section 570.611 and to the pmocauenoant rules Q specified in 24 CFR, Part 85.36, in its eocpsnditure of all funds received 2 urder this Agreement. 3 6. Anti-Kick Hack Proviaiaz:e: Daual Hrolovment Oooortamity. 4 All contracts far oanstruction ar repair using Rods provided under 5 this Agreem~t shall irrlude a p2ovisian far compliance with the Copeland 6 "Anti-KicJr Bacld' Act (18.U.S.C. 874) as supple®ented in Department of Lobar 7 8 Regulatia:s (29 CFR, Part 3). 7fsis Act pmovides that each oontractar ar 9 subgrentee shall be prohibited from inducing, by ~1' ~~, ~Y P~'~ ~- 10 ~ the oorm3trvction, oompletian ar repair of public work, to give up any part of the coDgensation to whidi he/she is otherwise entitled. Sulmeci- 1] 12 p~ stall report all suspected ar reported vialatians to City. Ali oan- tracts in excess of S10,coo.00 entered into by sulxirecipient usim~ Rinds 13 provided order this Agre®aezst shall oantain a p2vvisian requiring ao~liance ® 14 with F7qua1 ~l Opparttmity provisiane established by F3ceantive Order 15 tAaober 11246, as amended. 16 9. 17 Any ca>etructian contracts awarded by Sulueciplent using Rinds 18 provided under this Agreement in excess of 52,000.00 stall include a provi- 19 sign far oomplianne with the Davis-Bacon Act (40 U.S.C. 276(a) to 276(a)(7)) 20 and as supplemented by Department of L9bar' Regulations (29 CFR). Under this 21 Act, canttactars shall be required to pay wages to laborere and med~anica at 22 a rate not less than the mininam wages specified in a wage determination made 23 24 ~' the secretary of Labor. Ea addition, oontractaxs stall be required to pny wages not less often ttan anoe a week. SUbrecipient stall place a Dopy of 25 the canr2errt prevailing wage detereination issued by the Departsent of Labor 26 © in each solicitation and the award of a carntsnct stall ba oancittianed upon 27 the aooeptarne of the wage determination. Subrecipient stall report all sus- 28 lab:4412 Rev. 6/11/91 -7- ~ o ® 1 peeled ar repoztea violations to city. 2 10. j~pproval of City o~ Charaeas IIse of Proarast Iaoams. 3 (a) City hereby requires subrecipient to notify the City, in writing, 4 of its intent to c3:axge a fee far any service, the provision of ttr:ich is 5 assisted pursuant to this ngreemeat. City xequix+es SUbrecipient to obtain 6 the priar written approval of City far any d~atges ar fees to be cisatged by 7 Subrecipient far such services, asd of any rules and regulations gevert~ing 8 the provisim of services heretiudes. 9 (b) Ptrogx'am income repr+eaents 9ioss inoaaie received by the 10 Subrecipiant directly generated from the use of funds pmovided hereluider. 11 Such earnings include interest earned an advances and may irrlude, but will 12 not be limited to, inc®e from seivioe fees, sale of oaamodities, usage an3 13 rental fees far real ar persarsnl p4roperiy using the duds provided by this ® 14 Agr6emetit. Ae to such income, it shall bB first applied to eli~hle program 15 activities, before requests far reimbursement and, in the use, stall be 16 sutrject to all appliaeble pmovisians of this Agreement. income not so 17 applied stall be ranitted to City. s~tuecipient shall remit ail unspent 18 program inc.~e to the City within thirty (30) days subsequesst to the en3 of 19 the pzvgram year (~tu~e 30, 1992). 20 u. Tasfloranr Withboldi~. 21 ~e Eyoecutive Director of the Development Department of the City of 22 San t3ernaxdino is authorized to temporarily withhold the payment of Buds to 23 SZsborecipi~t ~e¢s the Director determines that any violation of this 24 Agreement has aas:rz+ed. F1ads shall be withheld until the violatias? is 25 oorx+ected to the satisfaction of the Eyceaitive Direclar. Subs+ecipient stall 26 have the right to appeal the decision of the Executive Director to the Mayan © 27 and ~m Cau~cil. the sole gxwsds far such appeal shall be that no 28 lab:4412 Rev. 6/11/91 -S- p 4 violation of the Agreement has oct~rrred. 5lrbrecipient shall file such appeal 1 Q within fifteen (15) days after s1M31 first withholding. ZY1e Mayan arri Common 2 oamcil shall set a data far the hearing of such appeal which is within 3 4 thirty (30) days following the date of filing. 12. Reoorde Retention. 5 p`irv~mi~l r'BOOrdS, BuppOrtilYj dOC1m1PI1t8, etdtistical records, arri all 6 other records pa,+wi.,i ~ to the use of the fur:cls provided urYler this Agree- ? meet shall be retained by Svbmecipient far a period of three (3) years, at a 8 minimum, aryl in the event of litigation, claim ar audit, the retards shall be 9 retained until all litigation, claims and audit firrlirrgs irrvolvirrq the re- 10 cords, have been fully resolved. Records far nai-e~ndabla property aoqui- 11 - red with federal funds provided under this Agreement shall be retained far 12 three (3) years after the final dispositirn of such property. 13 13. p~perty Manaaem~t Standards. ® 14 15 Nei-expmrlable personal property, far the purposes of this Agreanent, is defined as tangible petsanal property, purti3:ased in whole ar in part with 16 federal f:mds, which has useful life of more than one (1) year and an aoqui- 17 sition cost of ane~nusand dollars ($1,000.00) ar more per unit. Real 18 19 P'tY means land, including land imprcvvemerrts, stzuchrres and appurten- ances thereto, e:ac].udirrg movable machinery and equipment. Non-emendable 20 21 P Pr'oP~Y arri real property purti3:ased with ar iagsoved by ltmds pro- vided under this Agreement shall be subject to the property managrment etan- 22 dazds set forth in 24 CFR, Part 85.32. 23 14. Termination for Cause. 24 (a) City reserves the right to terminate this Agraemerrt in acaordanoe 25 with 24 CFR, Part 85.43, arri any and all grants and future payments under 26 this Agreemp~t, in whole ar in part, at any time before the data of ® 27 cxmpletim of this Agreement whenever City determines that the Subrecipient 28 lab:4412 Rev. 6/11/91 -9- p O ® 1 has materially failed to aaog~ly with the terms and conditions of this 2 Agre®nerrt. In the evern seeks to terminate this Agre®oemt far cause, City 3 shall promptly notify the Svbrecipiern in writing of the proposed termination 4 aril the reasons therefore, together with the poaaposed effective date. Subxeo- 5 ipient shall be given an appor4urity to appear before the Mayo and C®an 6 Caaicil at the time at vhich the Mayor aryl Coon Ouurcil are to consider 7 such recommended termination, aryl shall be given a reasarable opport~atity to 8 show cause why, if arry exists, the Agreaoerrt should not be terminated far 9 cause. UpoQr determir~ntion by ttre Mayo and Cot~x: Caurcil that the contract ' 10 should be terminated far cause, notice thereof, irrludirrq reasons far the 11 determination, shall promptly be mailed to the Subrecipiern, together with. 12 information as to the effective date of the termination. b1rd: notice may be 13 given orally at that hearing. ire determination of the Mayor and Orn®otn 14 Council as to cause shall be final. 15 (b) In the event oP any termination whether far mouse ar far 16 omvenianoe, bvtrl^ecipisrrt shall forthwith provide to the Develo~errt Departar 17 ern arry aryl all documentation rraeded by the Development Department to 18 establish a full record of all monies received by bvbrecipient and to dooume- 19 rn the uses of same. 20 15. Teaination !ar oonvaniaooe. 21 City ar Subrecipierrt may terminate this Agt+emomzt in whole ar in part 22 provided both parties agree that the oorninuation of the project would not 23 produce beneficial results oc~oensurata with Bother expenditure of Rinds. in 24 such event, the parties shall agree upon the termination conditions, 25 including the effective date arri, in the case of parkial terminatirns, the 26 partian to be terminated. the SUluecipiern shall not inau~ new obligations Q 27 far the terminated portion after the effective date and shall cancel as many 28 lab:4412 itev. 6/11/91 -10- . p O 1 cutstandirrg obligations as possible. City ehau auow SUbrecipient full Q credit far the City~s share of the non-cancellable obligations obligations 2 psvparly im„-•+~ by the Svbrecipient priar to termination. 3 16. Reversion of ]lasers. 4 Subrecipient agrees that upon expiration of this Agxasment, the 5 Svbrecipiertt shall transfer to the City any and all CDBG fords not aged at 6 the time of expiration and any aooamts reoaivable attributable to the use of 7 CDBG funds. Sutrecipient agrees that any real property under its oontrvl, 8 9 whic3: was acquired ar itgu+oved, in whole ar in part, with COBG funds in excess of $500.00 shall either, (i) ba used to meet one (1) of the three (3) 10 rlntional objectives as set forth in 24 CER, Part 570.208 until rive (5) years ' 11 - after expiration oP the Agreement ar eudi period of time as determined appro- 12 P~at$ by t~ ~tY. ar': ~ of in a mariner whid~? results in the 13 City being reimb~used in the amaast of the curx+ent lair marlaet value of the 14 property less any portion thereof attributable to expenditure of, ar 15 16 ~ to, the property by subr+ecipierrt. sum reimbursement is not 17 required after the period of time specified in "i" above. 17. Sold Harmless. 18 19 ~ ~' save and hold harmless the City and 20 the Development and their employees and agents from all liabilities and charges, experlsea (including oam~sel fees), suits ar losses, 21 ~ however oowrring, ar damages, arising ar growing out of the use of ar ~ receipt of funds paid um3er this Agt+eemPnt and all operatia~s order this 24 ~ymerrts under this Agr~eemmit are made with the w~derstarding that the City and the Development Department are not involved in the 25 2G perfarmanos of services ar other activities of the Rrbr+ecipierrt. bvha^ecipiet:t and its employees and agents are independent oaitractors and not employees ar ® 27 28 of City and the Dsvelopmnt Department. lab:aal2 Rev. 6/11/91 -11- - p O 1 16. amet?dmeet. 2 his Ag=eemerst may be amended ar modified only by written agreement 3 sided by both parties, and failar+a on the part of either party to enfa~noe 4 any pirovisian of this Agreement shall not be oonstn~ed as a waiver of the 5 right to compel enfarrement of any pmovisian ar prwisicns. 6 19. 7lssig~nt. 7 This Agreement shall nyt be assigned by Subrecipient without the 8 priar written consent of City. 9 20. 10 All notices herein required shah be in writing std delivered in 11 person ar sent oestified~mail, postage pzepaid, addressed as follows: 12 As to City: As to 8ubrecipiart: 13 - F~cutive Direc.~tar Nedra Wallace, E:aecutive Dir. 14 Development Department Frazee Commmity Center City Hall, Fifth Hoar 1140 West Mill Street 15 300 Na2th "D" Street San Bexnax~dino, Cali! 92412 San Bernardino, Calif. 92416 16 21. SR?idemioe of Authoritro. 17 Subrecipient shall provide to City evidence in the farm of a 18 certified Dopy of mirnutes of the governing body of Svbr+ecipient, ar othar 19 20 ~ proof, that this Agreaoent has been appmoved in all its detail by the govarni~ body of the St:brecipient, that the pei-san(s) e~mcaiting it are 21 autl'yor'ized to act on behalf of Subrecipient, and that this Agremoent is a 22 binding obligation on Subrecipient. 23 22. Certiliaation of Assurance. 24 Subrecipi~t shall oaq~ly with the program nagi~i*+~**$ attached 25 hereto as E~ibit "C", tdiich are incorporated by refes+enoe as though Polly 2G set Perth at length aed moede a part of this Agreement by e~mcuticn oP all © 27 ~ certifications and assinanoes of the CDHG prcvgram. 28 lab:4412 ' Rev. 6/11/91 -12- . p O ® 1 23. 2 This Agraemaz~t and arty docxm~ent ar insttwaent attached hereto ar 3 referred to herein integrates all terms and acrr3itians mazYtioned herein ar 4 incidental hereto, affi supersedes all negotiatia~s and px~iar writing in 5 respec-t to the subject matter hereof. In the avant of oanflict between the 6 terms, conditions ar prwisians of this Agree~oent, aryl any such docx~ent ar 7 inet_*+*~~+*, the farms and ocnditions of this Agreement shall prevail. 8 24. No Third Part Hemsficiarias. 9 No third party shall ba deemed to have any riots hereta~dar against 10 any of the parties hereto as a result of this Agreement. it //// ~ - 12 //// 13 //// 14 //// 15 //// 16 //// 17 //// 18 //// 19 //// 20 //// 21 //// 22 //// 23 //// 24 //// ~ //// 2G //// Q 27 28 lab:4412 Rev. 6/11/91 -13- - FY 1991/1992 IILTP HSiWE@i CITY AMID FR1128E CENl'ER 1 2 II~i WPII~SS td~DF, the parties hereto have e:aacvted this Agz+e®oent on 3 the day and year first hereinabove written. 4 5 A~sr: clz~c a~? mgt o 6 sst: 7 CITY CIFItIC W.R. F~i~CbID, Mayor City of San Aer„wrr]inn 8 9 B~CIPIENf 10 P,pp~~+oved as to taxm and BY: 11 legal oantent: - Pres 12 JI~l+II+LS F. PPSIl4~N, SY: 13 City Attorney. SectataLy ® 14 15 ! 16 17 18 19 20 21 22 23 24 25 2G ® 27 28 lab:4412 Rev. 6/11/91 -14- © Di~.'VE[APMt3dP DEPA1rT~2dP o¢r ~ D~ . C'aBa pROPO@1L APPLICAZTAIi FY 1991,/1992 ~ Il ® ~ i TOTAL. AMOZRdl' RDQIIFS'rID: $ 20, o0J proposal lip; Y Date Recv~d: O/L Answer all questions which are applicable to pour project as specifically as possible and attach the regained doc'umentatiaa. I. General tnformation Name of Organization: Frazee Community Center Address: 1140 West Mill St..P.o. Box8250 Z ~' 42412-8 ~ fir' (71d ) RH9_4474 ~ Pe.LSO<1: ~lPt3ra WallarP Title: Taederal Identif ca on tilnnber/Soc ty Number (non-proof t corporation):95-2394878/C0486535 Ii. ~rolect Descriotian fCheclt A~plioable Ca ~t Real Property Arxrisition g Public Senrioes _ Capital Ei:1uipment Acquisition Rehabilitat{a~/Preser Plannin?/Studies - motion /~""~ _ Public Facilities (Construction) _ other (if dleck, eta P~ ~ below) Other: a) Name of Project: Emergency Food/Hot Meals,Brown Bag Lunches, Loca ono Pro3ect: , , ~ n .•,~~t l4il' St San Adno. Census Tract(s) and/ar Block Group(s): Historic Preservation: Is there any lv:own rrChaelogical ar historical significance of the , site ar area within one-half (1/2) mile from project site? If so, explain; NO b) Provide a detailed description of the proposed project by describing precisely what is to be aaornQlished with the requested funds. (Attach additional sheets, if necessary): Emergency Services ~aa~ mt,~ C`ant'or nllPncA n In Se{it~, " o +p K; *~?+pn" to feed the hungsy~ i+^m=1=== fermi 1 i oa lE i ndi .+d ,al c h o +SJhOLt the City of sera-Sornardir-+. mom, nr~ (~n) r~ f;fty n[+renn ~ v were in ne°a °t-twat tire, ~ ~,ann to 7,000 per ons a "Hot Q Me°1" ^acb-7itOAt~',f ma*+~t th;= is tho nasty hot meal they receive a day. See Attached Sheet. i~Ialr °e° 11. b) Project descriptior© 0 ' Last year the Center served 22,433 "Hot Meals",meals are served 5 days a week from 11:00 to 1:00, at 1140 West Mill St.,San Bdno.. Q In May,1990, it came to the attention of the volunteers and staff at Frazee that these displaced hungry persons did not have any evening meal. We started a "Brown Bag" program,those without food for the evening meal can take a brown bag lunch with them for that evening. There were 12,424 served, this was for 7 months of 1990. The Hot Meal Program Breakdown; 0-5 yrs. 2,297 6-12 1,393 13-17 476 18-29 6,035 30-69 11,714 65 & over 518 Total 22,433 The Brown Bag Program Breakdown; - 0-5 yrs. 1,673 6-12 1,132 13-17 264 18-29 2,876 ~64 6,226 & over 253 Total 12,424 7 months of 1990 The Center also provides other services at the Mill Street Site such as, Emergency Food Boxes -for Families, Clothes Closets for Men,Women and Children,Monday and Tuesday nights a Medical Clinic. Once a month, the 3rd Friday we have a Medical Clinic for the Homeless Mentally I11. The CDBG Funds would help maintain the "Hot Meal" and "Brown Bag" programs for those clients who are without food each day. II. c) Specific purpose, i The purpose is to feed those who are hungry in our community many of our clients use tobe, the non-working single male, through the past few years it has increased in large numbers and now for the past two years, the families with children, single parents with children, the middle aged and the senior citizens noh are among the persons daily eating in the kitchen. Many of these clients only eat one hot meal a day. Part of the clients are from the neighborhood and simply do not have enough food to last the month, some are just recently un-employed and without monies for food. We feel the Center has a great impact on the hunger problem in the community. the increase in the demands for food daily, without these food programs se persons would be forced to try and find other sources which are simply not available. I II. '- ® SCOPE OF SERVICES O b) Project description. ergency Services; Zn 1990 the Center served 4,889 Emergency Food Boxes to families, The Food Box .Program Breakdown; 0-5 yrs. 1,018 6-12 900 1?-17 365 1A-29 874 3~-64 1,655 65 & over 113 Total 4,889 309 families received Fruit & Vegetables Clothing was given to 2,861 persons Bus tokens given to 194 persons 724 persons were assisted with emergency utility assistance persons received household furniture, for their homes 2,540, persons received Medical Assistance in the clinic Holiday Baskets were given to 880 families The Childrens Christmas Party was attended by 792 children continued on next page. O cr~c F~POSAt Arprac~zox - Development Departme¢r' © O Fags -3- - Q v. ~mposed~oject suc4Jet (Please 0~11ets Apolicabls Items OnlyZ a) Administration Salaries aryl FYirY3e Benefits: $ 33, 580 Supplies: $ S ~ 1 n ~ Pmfessirnai Services: ~ S ~ non Travel/ooaifexer:ces/semtnazs: $ ~ , ~ R ~ Utilities: S a~~nn Insurance: Office ~i~nt: $ ~ ~ s n n ~~- S b) _Ocnstructiai $ c) F~gineering ax:ci resign 8 d) lane Aogiisiticer $ e) Plarnling Activities $ fj Rehabilitation Activities $ g) ~x'IIiroct ~orvices $ 1R,10~ - h) Bi ~nt~etance 4,800 $ 72,121 (F'or ocnstruction, engineering and design, land aoquisiticsr arri rehabilitaticar activities ply. ) ® F:stiaatar: - Estimator's Qual ice ons: h) Identifv other fundinu swr>~: Identify cc~itments ar applica- • bons far flrnds frvn other sauces to ~ this activity. If ot2rer funds have bey approved, attadr evidpsyoe of a>mIDitmerrt. Source of Fin's ~ Date Available p g M ~ S S,onn Oct_90/June 91 Arxo•°head [' G' S o~5nn 7-1-9n/6-30-91 DirGCt DOndt1^^= S R~OnS 7_1_0 F-an-01 i) Was this project previously funded with CL18G funds? Yes x No If YFS, irrlicate the year(s) in which CDBG flails Were received and the granting entitye 19R0/9o city of San Bernardino t99n /1001 City n San B narAin j) If you have never received c~c funding provide evidesrce of previous experience with other federally Rnlded progrmas ( ~Y . additional sheets if necessary): ~BIi "E° . p for 80BRBCIPIFI'TPB 1. 8uooleme~ TMformatiaa? for 8~*+*+~-gyp;ant As a suaoessful applicant of the City of San Bernardino FY 1991/1992 Casaazity Dsvnlopmant BSack Grant (COBG) Program, You are not only agreeing to provide the services as stated in your appliretion, but also to abide by the CO®G Pirogram ~,{*+~**e and responsibilities. Tb further assist Yar in ~ said r+equir+ements and responsibili- ties, the following summaries and attac3m~ents have been prepared to inat~or~larP~ will Yea' ~g ~dY designated official to read and sign his/her sic~ature as part o! the CD®G agreement. 2. M4uthlp Reon:eat for Raimb~asamant Deadline: Due ttM fiftb (5th) day after and of sash calendar mouth unless othanrise stated in the CDBG agreement. © Include the following: a) Cne (1) o~leted Request far Itet,a,~„cement farm. b) One (1) roPY of ~ cl:ec.ks issued that are beix:q reimbursed. c) One (1) Dopy o! ~ bills/receipts that support checg(s) issued. d) One (1) Dopy of g~j payroll c3~eck(s) that are being reimbursed, e) One (1) Dopy of By], check stubs, acoaaiting ledgers, and/ar other docammritatian that reflect grass salary and all deductions far each d~ec~k(s) issued. f) One (1) page narrative describing activities undertaken during the month included far reimbursement. In respa~se to its part of each agreement, the City agrees to pay all inwioes within thirty (30) days after it receives the invoice provided the City is satisfied all eocpaneee have been irnurred within the scope of the farms anditians~of the c rent oot:tirn:ea to oaq~ly with pmooessed within ten l0 (Generally, invoices are ( )days of receipt of same.) The City reserves the riot to defer processing of irnoioes and withhold payments until all required reports, statements, an:~/ar oertifirates have been sukmttted and, wYlere necessary, approved. lab:3025 -1- (J)BG PI~11M RBQ[JIRF~TPB Rev. 6/11/91 Fis~l Year 1991/1992 10~EIZ °C° . ® O ® g) All acoatiurtiryg records and evidence pertaining to all costs of each subrecipierrt and all docanuersts related to the GD®G agreement shall ba retained and available for three (3) years following the ooapleticn oP the fsaxied program. h) Each subrecipieat agrees to allow the City of San BPSllardira Ccssmmity Development Dapar'hmerst to audit the fursded program as part of its antesal audit of all CDBG furr]s psarsuant to federal regulations set Earth in Title 24 of the Oodz of Federal Regulations. 3. s+~rts/R.-rorti rsc ~ +3 rements and Reoords/Reoord 1ceeDissc Raauiremeasts ~d'sile staff realizes that report writing and record-lceepi~ are mt the most desirable aspects of arsy program, it is one vehicle that provides a measure o! program progress and aooaoglistsmersts. 'IIws, all subrecipients participating in the CDBG Progrma ~ pr'a'te the City of San Hernardirso Development Departnmzt with written reports of its activities on ar before the tenth (10th) day o! October, January, April and July of any given pangram year far the previous three (3) month period in addition to a final report men the agreement terminates. All reports stall irrlude infarn~atian an program activities, aooo~listaoerrts, - new prcgrmn information and w:zsnt 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). Rhin monthly reoorcl shall include data an the ramiber of low and moderate irsoc~oe persons and households assisted, (as determined by federal income limits) , rsaober of file-k~anr]ed households, aryl amber of seniar citizens assisted. As mentiased earlier, each eubrecipient is required to ]reap all aooaa~tin3 records and sviderfoa pertaining to all poets far three (3) years following completion of the funded program. 4. QSsarteriv Reports Deadliness October 10 - for period ccverirsg Jule 1, to septamber 30, of program year. January 10 -for period October 1, to December 31, of pmgram year. April 10 - for period covering January 1, to March 31, of Y~• July 10 -for period covering April 1 to Jesse 30, of pmg>.mm year. Irsclude the following: a) One (1) ccagleted Activity Report (farm raamber 802) . b) One (1) aspeted Direct t3enefit Report (form rsumber 045(a). lab:3025 -2' C~0 PROdRY+t[ ~ Rev. 6/11/91 Fiscal Year 1991/1992 C7 Q C) Cne (1) completed Oontract and Suboantract Activity Report (foam OMB ® 2506-006). (Fbr construction paojects only.) it is the responsibility of the suba+ecipient to prepare and sulaatt the requited repoats by the above stated deadlines in wader to keep City staff infaame3 of any to the funded paogram(s). 5. Program Monitoring One of the City's responsibilities is to manitar each subrecipient at least acne a year. Not only are the mceitaring visits intended to ensure each agency's aontiraaed oa~liance with CDBG requizements, but also serve as an opportunity far City staff to become mere knowledgeable of each agency's program(s). 'II~e monitaring visits also soave as an oppart<uLity to provide infaamatian to other City staff, the Mayan and Gammon Oouncil and okher interested persa~s. Listed below is typical information City staff will be seeking, observations that mic~t be made, and items we may wish to review: a) the aooaq~lishment(s) oP the program(B) to date. b) idiether ar not pavgram objectives are being met. - c) mat the intended client group is being sewed. d) RY1e number of people an staff. e) ~e existence an3 mair?tenanoe of client files. f) Assistance City staff can provide. ~"y In addition to moc~itarirg each agency aa~oe a year, the City of San '~yJ Bernardino Development Department reserves the riot to hav~a its internal auditar conduct an ansite audit of the program as part of the its annual audit of all CDBG funds pursuant to Federal Regulations. Although the terms 'hmonitoring" and "audit" may appear soma~at farmidable, please be assured that your agency will be notified in advance of any a+equest far a manitaring visit. Also, please be advised that aepresentatives from HUD manitar the CD®G program every yeeu:. During HUD visit(s), they may wish to monitar one (1) ar more of the City's suba~ecipiearts. If your agency should be selected, you will be notified in advance in wader to arrange a mstually convenient time. 6. Program Budget Another a+equired element of your CD®G agtt with the City is the program budget. Please submit an update8 lime item budget reflecting your appavt?ed CDBG allocation. Also, irrlude a Dopy o! your overall program budget with a summary of ywr funding eauroe(e) and the total agency budget. ~e CDHG poation of your total program ar agency budget should be identifiable. ~ P~ Y'~re~ several agencies have raised questions regarding minor budget modifioatians ar adjustments. Staf! realizes that the appa+oved budget may require minar adjusteants during the life of the program and © request that you discuss pc.^opoeed ~sges with Development Depaliooe~nt staff. lab:3025 -3- CDBO PADORAU[ REQVII~Tffi Rev. 6/11/91 fiscal Ysar 1991/1992 p 4 ® Again, please ba reminded that capital ar rm-exp~'dable equlgmant is rwt to be purc3:aeed with CDBG funds. If you need to acquire such et1uipment, please discuss it with Development Departne~':t staff. y, --- --- - ---3 PrODv_T'~ or Ern,lp~mpnt tR.v_d Sect;on "13" of the CDHfi All tan3lble personal pzr~perty hnvi~ a useful life of more than one (1) year and an acquisition cost of three hundred dollars (S300.00) ar more per unit shall be subject to the requis~emoents of the Property Management StarYiards specified in 24 CPR, Part 85.32, "Common Rule". e. p a) A11 equipment and property purchased in aocardanoe with the above standards shall be iderttilied as "E'ederal property-HUD", (include your itrterr~al Iderrtiflcaticn Number). Identification may be achieved by ta9g~J ar' er~rav~ the p~Y ar' b!' ~Y method that will _ result in property Idettrtifi~tion Number beitlg f~^"'±^~?+'?" affi~aed. b) l~G,~nt.~n a separate regard of all suc3i equipment and pr'opertY• . Infomymaticn shall include: Nmae/Description -Serial IJuIDber -Identification Number © -Date Pun3~ased .-Oa~ditioa (i e., excellent/gooc~/fafr/poar) (i,e., velar/features, etc.) Physical Lxatian (i.e., address/offioe/xoc~, etc.) c) Submit an inventory listing to the City of San Bernardino Development Department eacf? veer endicw lure 30. Said listing is to be submitted by ,~j1y1Q lollowing the er~d of the year. Ztfe list should include all the information listed under item "b" above. d) A ldr1~ request must be sutmittad to the City of San Bernardtno Development Department for any approved P that are not in the ariginally apprrNed budget fees agr~aeaent). Written autharizaticn obtained from the Development Department by subrecipient prciar' to the purchase of any equipment, whether'ar not said equipment was included in the agency's arigi.,"t budget• s) It is the responsibility of the eubzecipient to ma±*+tAi++ and repair all property and equipment purc3:ased with c:OeG funds. It is also the equipiaent~~ana opr p rty withtagsi ar engraving, a~ toly soma. 9. yt ...1 i.....++n*i~ ~„A a„alit DpOL.,,~•e.nt.~i~ ® 11ne City of San Bernardino Development Deper'tment rgquir+es each agexy to observe and comply with all aooaaititg rules a~ audit pr+ooedures as set lab:3025 ^4' CJ7®Ci PliOGI~M ~ Rev. 6Ji1/91 Bisoal Year 1991/1992 4 Q forth in the CD®G agreeanent. Ilse following is a brief descriptias of the ® 7o06t prOmineTlt a) As a participant in the City of San eesi>ardir» CDBG Program, adds subsecipient agrees to ]seep all funds received from the City ~ fns any other sauces of f~mding. b) Fach subrecipient also agrees to keep reoards of all tutsds received Fran the City of San Bernardino in acoordarsoe with the pr+ooedur+es set fort2s in the "Agreement Acoaastissg and Achainistrative Hanr9.sock". A Dopy of the HasxIIsoak ie attached. 10. oertifiaatio~s atsd 7lssuratsoe Attached is a a~py of the Certification and Assuxarsos farm to be pmepar+ed and signed by the designated yovernirsg official(s) of the subxecipient agetscy. zlsis docaanent is to be attached to the C!lJBG agx+e~rst and sha].1 bacons part of t2se governing requlremoetsts. lab:3025 -5- CLBa PAOm01M 8 Itetr. 6/11/91 Fiscal YN= 1991/1992 Q C~ D~~~~T~ ® ~~Cartifioatian? and l~ssuranoe~~ (TO Aooaapsny Gfl60 llgi'e®ent? I, (Name and Title of Off c ) of the (Name of Agency/ ) located at do hereby make the following osrtilicatlon and aasurarfoe to aooa~arry the Oca~amity Developant H1ock Grant Agt+eeoaent between (name of on) and the C ty of San a) Certify that the fnfarmatice~ booklet far CT®G Pk+ogram z+equirements has been read and urderetood; grid b) Assure that the (name of Agency) will aa~ly with all as pulated herewith in the perfolaallce of the CDHG Agreeaent. ® Dated: (S gnatura of Otf ) Dnted: DeveloFmezit Deparbm~xt ve 1ab:3025 l~v. 6/11/91 lab:3025 -6- CDBG PROfAtllll RDQII3'1~!'B IZev. 6/11/91 Fiscal Year 1993/1992