Loading...
HomeMy WebLinkAboutR10-Economic Development Agency • ©DEVEI~PMENP DEPA~TP OF TBE O CITY ~ EAN zNo FOR ooemD:sslaaioooNCrz. ACTION ® From: KENNE'IIi J. FBI Subject: FY 1991/1992 COBfi AfAtEH~1P E~aecutive Director FE17iE617 CITY AND 8AePIDt SEAL 80CIETY (RH47vATI0t~1) Date: J1ufe 11, 1991 Synopsis of Previous O®nimioa,/oamcil/oa®ittee Actiau: on P'ebruaiy 11, 1991, the Mayor and Common Council approved an3 adopted the FY 1991/1992 CD®G Program Mix arri authorized staff to solicit pmvposals far same. On May 6, 1991, the Mayor arri Common Council took an action establishing May 20, 1991 at 3:00 p.m., far the date an3 time certain of the FY 1991/1992 CDBG Public Hearing. On May 20, 1991, the Mayan aryl Commmn Cbtmcil reviewed reoc~endatians submitted by the~¢mmity Development Department Citizen Advisory Cc~ittse and approved seroe far CD®G finding assistarx~e far Fiscal Year 199i/1992. Reoammeoded Motior:: mayor and Oommon Uoamcil) REBOLDTION OI+' T~ NAYOdt AMID ~IDN CDDNLIL OI+' TBE CITY OS' 8AN HA ® AVg1012IZIIxi AND DZRELTII~Xi T~ E~LQPION 01+ A COMt~IITY DEV&IGPM6NP BI~CR f~TP FONDZNa ALRtEEN~NP HB3SIIE@T TBE CIT7C OF SAN HE~IIID AMID FASTER BBAL 80CZE`PY ~ A~atxatar 1 J. f, Execu w Director Development Departarm<t CorrtBCt Persaav ~ fAm~eaaf/P7d Flores Phone: 5065; 5081 Project Area: All Protect Areas Want(s) : g1.7, t,7axds S~rpporting Data Attad7ed: Staff ~ort• Resoluti_m:• F'+~+~its FUNDING RD¢TIIiII+TNlS: Amotmt: S 12,000.00 Source: FY 9L92 (91BG IfJC Budget Autharity: Oommisaia~n/Ooime3l Notes: ©K7H:ELF:leb:4409 ~ A~ Meeting Data: J1me 17, 1991 Aga~nda Item No: p O Raster east eocieLro F7( 199 1992 COBf; aCrsmaut On May 20, 1991, the Mayor and Ctamton Council ow~dur.~ked the FY 1991/1992 CDBG Public Hearin and awarded Om~u:ity Development Block Giant funds to certain ~l~e ~io~ ~~int~.fair housing pmojacts. Agreements are Zhe attached Agree®ent between the City and Easter Seal Society (Renovative:) includes a "eoope of serviaes° atrl "program budget", referred to in the Agreementt as E#:ibits °A" and "B", x+espectively. 4hese E~ibits are inoooporated by refererne as though lolly set forth at lerrgth. Adoption of the attached Resolutica: by the Mayan and Oommoei Cau?cil authorizes and dtt+eets the Mayor to execute the Agreement as described herein. I recommend adoption of the attached Resolution. ~, PS[eCtltive DireCtOr Development Department ® IQH:lab:4409 CLle~8870N 18SETIIxi Meetisfq Dates 06/17/91 o 0 1 2 AmaoRxsnx~ » aa~c~ a~ ~rsoat a~ s a~a~na~ nevarropt~tr szcczc c~tAVtr rvmroata r s~~t ~ crrsr a~+ sax eau at® ~ SASS BEAt 3 4 as rr RE80LOED sY TBE MAYn~t AZID octi~3xa a~ ~ crr~t o~ eAN eau xs iroLw~s: 5 Aeetior? i. 6 (a) The Mayor of the City of San BeYaaxdino is hereby authorized and 7 di]:ecsted to execute, an behalf of the City,. an agreement for Camauiity 8 Development B1ocJc Grant furr3lflg with FBS'~ SEAL SOCIEI'Si. trhic3i agreement is 9 attac3~ed het+eto as Exhibit "1", and is incorporated herein by reference as 10 thax¢i fully set forth at length. 'IYye agxt provides for the granting of 11 Cc~mmity Development Block Grant funds in the following amamt of S12.000.00. 12 eectioa 2. 13 (a) 4he authoz~izatio¢:e to ezacute the above referenced agr+eemerrt is res- O 14 cin<ied if the parties to the agreement fail to execute it within s 15 ixtY (eo) sixty days of the passage of this Resolution. 16 I FgS2EBY CERTIFY that the foregoing resolutions was duly adopted by the 17 Maya~r aryl Commas Council of the City of San Bernardino at a 18 meeting thereof, held cn the ^ day of 1991 by the followirrf 19 vote, to wit: 20 //// 21 //// //// 22 /!/ //// 23 /I// //// 24 //// //// 25 //// //J/ 26 //// O 27 28 leb:3961 Rev. 6/11/91 -1- RESOSUrsa~ cs ~ crr~r a~ sAM 8ffi~II~D avrsv~iOnx~ TaE C~+ A CCW(i lei' BERNEEN QTY !!i® E118'PER Bsw socaTx 2 ~ $~ ~ 1 3 _ 4 REILLY _ _ _ 5 6 rmunss~sc 7 - 8 pow-umr~M _ _ _ 9 MILiFIt _ _ 10 11 ' 12 ty Clerk 13 O 14 T'he faaregoir~g Resolution is haYel~y app~wed this _ day of , 15 1991. 16 17 18 W.R. HDICC4ID, Mayan City of son Bernardino 19 ~ as to farm and legal oorrtent: 20 Jags 8. err, 21 city !?ttorne~y 22 ~ ' By: 23 24 25 26 © 27 28 lab:3961 Rev. 6/11/91 -2- . p 4 1 84R$lr~lili~ 2 THIS AGRF.E3+~IJ!' is entered into effective as of this _ day of 3 1991, at San Berner~iino, California, between the CITY OF SAN 4 tiara, referred to as "Ci ' affi LINO, a mmioipal corpora ty', 5 oS C'h'M,, a r~ofit oammu:ity eesvioe organizaticai, referred to as 6 "Subrecipient". City arri Subrecipient agree as follows: 7 i. 8 (a) Subrecipient has requested financial assistance frvn City far 9 fiscal year 1991/1992 Prcfn RaY9s available thrar~i the Oom~mity Development 10 Hloc]c Grant Program from the United States of America to City. it (b) Subrecipiemrt represents that the expenditures authar'ized by this 12 Agr+eaoent are far the reAlaoeanent of three (3) heatina/air`oa~ditionim units 13 that are more enemy efficient oral will nrvvide a healthier esrrvironment far ~, ® 14 clients, rich are valid and eligible oamm~ity development p~nposes, as de- 15 fined in CFR Part 570 in aooordame with federal law and regulations, and 16 that all Rinds granted under this Agraeooent will be used far no purpose other 17 than those purposes specifically authorized. 'The specific purposes and scq~e 18 of services of this particular grant are set forth in E~ibit "A", attached 19 heresto aml inoarporated into this 14greesoent ae though Rally est faith herein. 20 (c) Subrecipient will comply with applicable uniform ~3*+{~~+tive 21 s~equixemet~ts, as described in 24 CFR, Part 570.502. ~ (d) Subrecipient will carry out each activity, P'mgr~ a~/~' Pmj~ 23 in ~lianoe with all federal laws and regulations as set forth in 24 CFR, 24 Part 570, with the following exceptions, (i) the Svl~recipient dose not assume 25 the envixam~emtal responsibilities of the Grantee as described in 24 CF32, 26 Part 570.604, oral; (ii) the Subrecipient does not asawae the Grantee's © 27 responsibilities foot initiating the reviesw process under E~aecutive Order 28 lab:4405 Rev. 6j11/91 -1- >~BIT "1" - p O ® i Number 12372. 2 (e) Svbzecipieat will comply with the *+?z,~*+~*}R set forth in the 3 Uniform Relocation Assistance and Real Property Acquisition Fblicy Act of 4 1970, as amended, ([II2A), 49 CPT2, Part 24 in aooozdance with federal 5 regulations ~ attemi+tirg to ar ao~riring any building ar parcel of larYi. 6 Subx+ecipient will be require3 to obtain written approval frcm the Executive 7 Director of tY:e Development Department prior to any activity taking plaoa 8 within thB confines of URA 49 CFR, Part 24, as amended. g z. Payments. 10 City shall reimlutse Subrecipient far allowable ousts inan-red under 11 the scope of this Agreement and applicable Federal regulations, which have- 12 not been paid far ar r+eimbursed in any other marm~er by any other Agency or lg private source of funding. Rei~mbursemoent will be made at least an a monthly ® 14 the total of all such reimbtrrsamems not to exceed 512.000.00. 15 3• ~z 16 'fie 8tlall oo®oerlce July 1, 1991, aryl terminate ,7Lu:e 30, 17 1992. 18 4. use of E'tmds; &rAost: Travel I.imitatiaa. 19 (a) ~ furxls paid to svbz+ecipient shall be used by it solely far 20 the purposes set forth in ~ 1(b) of this Agre~merrt, aryl in aoooxdar:ce 21 with the program budget submitted by Subr+ecipient to the City of San Bernar- 22 dino Oonmuiity Development Department, a Dopy of whidi is attac3ied to this 23 Agre®nent as Exhibit °B". 4his budget shall list all ernrtces of funding for 24 the pzcgramt covered by this Agreaoent, whether fmn State, Federal, local ar 25 private sa~unes, and shall identify which sources are paying far which speci- 26 fic portions of the prcgrarn, by line-item, to the extent practicable. Q 27 (b) No travel expenses far out-of-state travel shall be included in 28 lab:4405 Rev. 6/11/91 -2- o this program unless specifically listed in the budget as eutmtttea arxi ap- 1 2 pxwed, and all travel expenses to be ftuded Exam funds pravlcled herenaxier shall be specifically identified as travel expense, rich shall be negotiated 3 between the City of San Bernardino Development Department and Subrecipient in 4 the budget. Any travel expenses irrarxred by bvbrecipient above the budgeted 5 amount ar far out-of-state txavel shall nat be eligible far ~ 6 unless the prior written appxwal of the Executive Dix+ector of Development 7 Departooerrt of the City of San Bernaxdino, ar designee, has been ~*~;*+~, 8 (c) Fturls shall be used Ear purposes authorized by the Community 9 Development Block Grant Program only, and no portion of the Rinds granted 10 hereby shall be used for any puxpoBe not specifically authorized by this 11 12 (d) Only net payroll shall be periodically reimbw.~sed by City as an 13 allowable oust. Any amounts withheld by Subsecipimit from an employee's pay 14 Q far taxes, social security, ar other withholding aryl not immediately paid 15 over to another errtlty, shall not be included as wauges ar eligible 16 for ~ as an allowable cost anti], s?x3i time as the withheld taxes, 17 severity, ar other withholdirgs are actually paid over to another 18 entity entitled to such payment. Upon such payment arxi the submission of 19 evideryoa of such payment to the City oP San Bernazdino Development 20 Development Depaxtment, such expenses shall be regaxded as an allowable cost, 21 and the shall reimbuxBe Subrecipient far such obligation. 22 (e) Subrecipient shall be allowed, with the prior written approval 23 of the Development Department of the City of San Bernaxdim, to make 24 to the budget during the first three (3) quarters of the fiscal year, so larg 25 as Subrecipient is in oomglianoe with Section "2" of this 14gx+eao~rt at the 26 time of sulaatssicai of the budget mxlificaticn request. A variation in the ~"'+, 27 ?r+ itanizaticn of casts, as set forth in the px+oposed budget sukmitted to City, 28 lab:4405 Rev. 6/11/91 -3- p ® 1 not to eja:eed ten percent (l0$) as to any particular line item, shall be 2 allowed, p~rwided that the prior written approval of the E~cutive Director 3 of the Development Development of the City of San ~•*+~++*ai*+~+ is obtained, it 4 beir?g iarlerstood that the total amauit of the grant shall not be varied 5 thereby. 6 (f) ~e parties intent that grant Rinds be utilized within the time 7 period covered by this Agreement, and entitlement to any Rinds not expended $ ar obligated shall revert to the City. No reserve far the Riture shall be g established with the Rinds ewoept as may be authorized to meet ccmmttments ~ 10 made far services prrNided during the period of this Agreanent, but not yet 1] paid far at the canclusfan of this Agxee:oent. 12 (g) Sub~recipient shall remain in cc~lianoe with all state, federal 13 and local laws priar to the receipt of any reimbure®oer:t her+eta~der. Zhis 14 includes, but ie not limited to, all laws and regulations relative to the 15 farm of organization, local. business licenses and any laws acct regulations 16 specific to the business and activity married cut by Subrecipient. 1Zeimb~sse- 17 meat shall not be made to Subsecipient which is not operating in compliance 18 with all applicable laws. ~ ~y be ~y per, at the 19 disaretian of the F~ecutive Director of the Development Department far 20 ~ costs inwrred during the period when caoplianoe is achieved 21 before expiration of this Agreement. ~ 5. acoonmtir~c; Audit. 23 (a) Priar to the final payment under this Agreement, and at such 24 ether times as may be requested by the F3oacutive Director of the Development 25 t of the City of San Bernardino, Subrecipiertt shall submit to the 26 Directar an aooaayting of the poroposed and actual expenditures of all ® 27 revenues frva whatever scuroe accruing to the crganizaticn far the fiscal 28 lab:4405 Fbev. 6/11/91 -4- p year ending Jtu~e 30, 1992. (b) Financial records shall be mai„t.i.v~ by Subrecipim~t in aooord- ® 1 2 anon with Generally Accepted Aooaa?tinq Principles, and in a manner which 3 permits City to trace the expenditures of funds to eourve doc~entaticn. All 4 books arri records of subrecipient are to be kept open far ir>epectian at any 5 time during the business day by the City, its officers ar agents, and by any 6 representative of the United States of America autharized to audit oatmnu:ity 7 development block grant pmogxaras. 8 (c) Standards far fi.,:,,,~-iAi sye~ and fir:ancial rsport- 9 ing y~g~iiremerrhn established by 24 CER, Parts 85.20 and 85.22 shall b6 fully 10 complied with by Subrecipierrt. Subrecipient aclnrawledges that the funds li provided are federal fords. 12 (d) Subrecipiernt's finairri~l management system shall provide far 13 accurate, anrrent and oaq~lete disclosure of the finwmi.r results of each ® 14 progrmn sponsored by this Agreeuw~tt. It is the responsibility of Subseci- 15 pient to adequately safeguani all assets of the program, aryl b~:br+ecipient 16 shall assure that they are used solely far authorized purposes. 17 6. S•ryioas Available to Rseidantas Monitorinc and Reoortiac Program 18 Perfonannoe. 19 ~e services of Subrecipient shall be made available to residents and 20 inhabitants of the Ci of San Ao„,wrr7i,v, ty unless otherwise noted in ~ibit 21 „A". No person shall be denied service because of race, solar, national ari- 22 gin, creed, sex, marital status, ar physical handicap. Submecipient shall 23 comply with Affirmative Actium guidelines in its ~loyment practices. Subre- 24 c ierrt shall also monitar the ip program's activities and submit written re- 25 ports quarterly, ar mare often if requested, to the E)a~cutiVe Directar of the 26 of the City of San Bernardino, in aooordanoe with 24 © 27 CFR, Part 85.41(c)(d) and Part 85.21. Failure to Provide such quarterly 28 lab:4405 lieu. 6/11/91 -5- ~ o ® l P~ ~Y P~'~ the Pr''~s~4 by City of Stitbreclpim~t's 2 requests far reimburseasmt, and may justify temporary withholding as pmovided $ for in Pazagraph "11" hereof. City reserves the right to waive etu3'i breach, 4 without p~rejudioe to arry ether of its rights hereurrlex, upon a finding by the 5 F~aecaitive Director of the Development Deparboent that such failure was due to g extraordinary circ~mistatx;es aryl that suds breach has berm timely cured 7 without prejudice to the City. g 7. Ptvcur+eIDent Practices; Oonfliot of Iritarsst. g Subrecipient shall comply with prroair+e;nerrt pzooedur+es arri guidelines 10 established by 24 CFR, Part 85.36(d)(1), Stibrecipient "Procurement ll ~ additiar ~ the specific requiraoents of 24 CFR, Part 85, 12 Svk~recipient shall ~i*+t;i++ a nods ar standards of aanduct which shall govern 13 the performance of its officers, employees ar agents in oonttacting with and 14 experxliaq the federal grant funds made available to Svt~mecipieQrt under this 15 Agr+eanerrt. bUbrecipient's officers, m~loyees ar agearts shall neither solicit 16 ~' gratuities, favors, ar anything of monetary value frrm wntractors 17 ar potential contractors. Tb the extent permissabls by state law, roles, and 18 r+egulatians, the standards adopted by bvbrecipi~rt shall pmovLde far 19 penalties, sanctions ar other disciplinary actions to ba applied far 20 violations of such etatr]azde by either the Subrecipierrt's officers, employees 21 ar agents, ar by contractors ar their agents. Svbrecipiemt shall p~rwide a ~ capy of the Dods ar standards adopted to City forthwith. All proc~irmoent 23 transacttans without regard to dollar value shall be conducted in a mariner so 24 as to provide maximlmn open arri free ooeq~etiticn. The subrecipient shall be 25 alert to organizational conflicts of interest ar rwi-ocaq~etitive prackioes 26 which may restrict ar eliminate coapetition ar otherwise ® 27 restrain trade. SUbrecipient agrees to adhere to conflict of interest 28 lab:4405 Rev. 6/11/91 -6- p C,~ provisions set forth in 24 CFR Section 570.611 and to the gmcan~ement rules specified in 24 CFR, Part 85.36, in its expm~diture of all Rods received ® 1 2 under this Agreement. 3 8. Anti-Rick Beak Prcvisianss Ernsal Hmlovmatst~~~rtunity. 4 All oaYtracts far canstnrctian ar repair usissg Rssds pxvvided order 5 this Agre®ent shall include a provision for acug~lianoe with the Oopeland 6 "Anti-Kick Hack" Act (18.U.S.C. 874) as supplemented in Department of Iabor 7 Regulations (29 CFR, Part 3) . 'lt~is Act pmwides that ear3i carstractor ar 8 subgrantee shall be prdiibited frtm inducing, by any means, any person em- 9 plcyed in the cas>stnsctian, completion ar repair of public work, to give up 10 arty part of the ca~ensatien to which hejshe is otherwise entitled. Subreci- 11 pient shall report all susper,~ted ar reported violations to City. All oon- 12 tracts in excess of $10, 000.00 entered isrto by svbrecipient usirsg Rsrsds 13 under this Agreement shall contain a provision requiring oo~liance 14 Kqual F~loyment Opportunity provisions established by Executive Order 15 Number 11246, a8 amended. 16 9. PtevailiM~rre Reauiremrtft. 17 AT1y construction oorrtrac~ts awarded by Sub~recipient using Rrrds 18 provided order this Agreement in excess of $2,000.00 shall include a prcwi- 19 elan far ~lianoe with the Da<ris-Bncats Act (40 U.S.C. 276 (a) to 276(x)(7)) 20 atfd ~ supplemented by Depsrtment of Iabor Regulations (29 CFR). ihdet this 21 Act, contractors shall be required to pay wages to laborers arri mec3~anics at 22 a rate not lase than the minirsnn wages specified in a wage determination made 23 by the Secretary of Iabor. In addition, aotrtractars ahnll be required to pay 24 wages mt lase often than ayoe a week. Subrecipimit shall place a Dopy of 25 the current prevailing wage ~te„~,a„ation issued by the Depastment of Iabor 26 ~ each solicitation and the award of a ooaxtract shall be conditioned upon Q 27 the aooeptanoe of the wage determination. Subsecipient shall report all sus- 28 lab:4405 Rev. 6/11/91 -7- ® 1 petted ar r+eported violations to City. 2 10. ~ of City of aav Char+Qass Use of Procram Moans. 3 (a) City hereby r+equir~ Subr+ecipieast to notify the City, in writin4. 4 of its intent to ~e a fee far arty servioe, the provision of which is 5 assisted pursuant to this Agreeaaent. City requires Subrecipient to obtain 6 the priar written approval of City far any ar fees to be charged by 7 s~recipient far stu3i sezroioea, and of any rules arxi regulations governing 8 the provisicrt of eertsioes her+etudes. 9 ro) ~ inoaoe ~ inoane received by the 10 Subrecipient directly generated fr+an the use, of Etude p2wided hereaadWx. 11 Such earnings include inter+eat earned on advances aryl may irxltxie, but will 12 not be limited to, inoane fzrrt service fees, sale of c~odities, usage and 13 rental fees for real ar persona]. property using the Funds provided by this 14 Agre~ertt. As to suds moans, it shall be first applied to eligible program ~ 15 activities, befar+e r+equ~ts far reimbursement ard, in the use, shall be 16 subject to all applicable provisions of this 14greamartt. Income not so 17 applied shall be remitted to City. Subrecipierrt shall remit all unspent 18 program irncme to the City within thirty (30) days subsegtsast to the erd of 19 the program year (Jtia'~e 30, 1992). 20 11. ~sorarv Withholdin~t. 21 'Ihe Executive Director of the Development Department of the City of 22 San Bernarrlim is autharize3 to tenporarily withhold the payment of ftur3s to 23 Subrecipient when the Director determines that any violation of this 24 Agrae®ent has occurred. P1uds shall be withheld until the violation is 25 oorrec.~ted to the eatisfactian of the Ewecutive Director. Subrecfpient shall 26 have the riot to appeal the decisiart of the Ewaaitive Director to the Mayor ® 27 and Commat Caaycil. 3tte sole grotmds far stub appeal shall be that no 28 lab:4405 Rev. 6/11/91 -8- violation oP the Agreement has oo~vrned. Sutxsecipient shall file such appeal 1 within fifteen (15) days after such first withholding. 'IIroe Mayor acrd 2 Council shall set a date for the hearing of such appeal Mich is within 3 thirty (30) days following the date of filing. 4 32. Records Retention. 5 Financial records, supporting doc~erits, statistical reoards, aid all 6 Cther reoorY3s por+.inim to the use Of the illrtd6 provided under this Agree- ? meet stall be retained by Svbrecipient far a period of three (3) years, at a 8 minimm, and in the event of litigation, claim ar audit, the reaorda shall be 9 retained until all litigation, claims and audit findings involving the re- 10 cards, have been fully resolved. Reoardsfar nai-expendable property acqui- 11 red with federal fuels provided order this Agreement shall be retained far 12 (3) years after the final disposition of suc3i pmopesty. 13 13. p~pg~tp Manaaemeiit Standards. ~"'~ 14 V Non-expandable personal ps~opesty, far the puipoeee of ttlis Agreementr ~ 15 is defined as tangible personal property, purchased in whole ar i,n part with 16 federal funds, which has useful life of morsa than one (1) year and an aaqui- 17 sition cost of aye-~t2wusard dollars ($1,000.00) ar mare par emit. Ideal ' 18 property means lard, including land iagxravem~ents, etrvctur+ea and apptirteri- 19 arioea ttier+eto, excluding movable madiiriesy and equipment. Hari-~pandable 20 per' Ply and real property purchased with ar improved by hurls pro- 21 vided order this Agreeananit shall be subject to the property manag~erit stan- 22 lords set forth in 24 CER, Part 85.32. 23 14. Teainatiorl for cause. 24 (a) City reserves the ric~it to terminate this Agreement in aocaxdarioe 25 with 24 CFR, Part 65.43, and any and all grants and !afore payments raider 26 this ~ whole ar in part, at any time before the date of 27 ccmpletian of this Agreement whenever City determines that the 3ubrecipient 28 lab:4405 Rev. 6/11/91 -9- p 4 • - 1 has materially failed to oo~ly with the terms and o~ditians of this /j?',',"~~' 2 Ar~+e®nent. In the event seeks to terminate this Agreement far cause, City 3 shall p~ra~t7.y ratify the Svbrecipient in writing of the p¢+oposed termination 4 aTd the reasons therefore, together with the prvlposed effective date. Subrec- 5 ipient shall be given an opportunity to appear before the Mayor an3 Commorr g Council at the time at which the Mayan and Common Caurcil are to consider 7 such reoc~errded termination, anti shall be given a reasce~able apparctv:rity to $ straw cause why, if any exists, ttre Agreement stxruld rat be terminated far g cause. Upcn determination by the Mayor and Coamorr Council that the corrtxact 10 stxxrld be terminated far mouse, notice thereof, including reasons far the 11 determir:ation, shall prcm~tly be mailed to the SubrecipieQrt, together with- 12 information as to the e:ffe~et3ve date of the termination. SUc3r notice may be 13 given arally at that hearing. 4he determination of the Mayor anti Oommon 14 C~xurcil as to cause shall be final. 15 (b) In the event of airy termination whether far cause ar far I 16 ~, subrecipiemt shall forthwith provide to the De!velapment Depnrbn- 17 ent any arxi all documentarian needed by the Develapasnt Department to 18 establish a A,ti reooni oP all monies received by Subrecipient and to doamie- 19 nt the uses of same. 20 ts. Tetnrination for oouvenieaos. 21 City ar SUbrecipietrt may terminate this Agreement in whole ar in part 22 provided both parties agree that the oartirwati.oar of the project would not 23 pzoduoe beneficial results oamoensruate with farther expenditure of Runts. In 24 such event, the parties shall agree upon the terminaticn conditions, 25 includirg the effective date arrcl, in the case of partial termirratia~s, the 26 portion to be terminated. ~e subrecipient stroll rat incur new obligations © 27 for the terninated portion after the effective dots and shall cancel as many 28 lab:4405 Rev. 6/11/91 -10- . p 4 outstanding obligations as possible. City shall allow Subrecipient Pull credit far the City' a share of the non-canoel].able abligatirns obligations ® 1 2 properly incurred by the bvbrecipient priar to termination. 3 16. Rsvarsion of Assets. 4 subrecipierrt agrees that upon expiration of this Agreement, the 5 Subr+ecipient shall transfer to the City any and all CDBG Ptn'rds not used at 6 the time of expiration an3 any aooaafts receivable attributable to the use of 7 CD®G Rinds. Svbrecipient agrees that any real property under its control, part, with CDBG Funds in 8 whic3: was acquired ar ir~r+oved, in whole ar in 9 excess of $500.00 shall either, (i) be used to meet one (l) of the three (3) 10 ~ set forth iri 24 CPR, Part 570.208 1]Trtil five (5) years 11 after expiration of the Agreem~sit ar such period of time as determined appro- 12 priate by the City, ar; (ii) is disposed of in a mariner which results in the 13 City being reimbursed in the amount oP the current fair market value of the ~ ~ 14 y less any portico thereof attributable to expenditure of, ar 15 ~ to, the pmoperty by Subrecipient. blxdi xeimburs~t is not 16 required after the period of time specified in "i" above. 17 17. Hold Harmless. 18 subrecipient agrees to irdetsrify, save and hold harmless the City and 19 the Development std their employees and agents from all 20 liabilities ani c3rarges, expenses (irrluding aouneel fees), suits ar losses, i 21 however oocurrirg, ar damages, arising ar growing out of the use of ar 22 23 ~ of Rinds paid onset this Agreement an3 all operations under this Agr+aement. Payments under this Agreement are made with the urderstatxiing 24 that the City affi the Development Departrn2rrt are not involved in the 25 perfarmnrroe of servfoss ar other activities of the Subrecipierrt. Subrecipient 26 and its employees and agents are independent oartraetor~s and not employees ar Q 27 agents of City aryl the Development Department. 28 lab:4405 Rely. 6j11/91 -11- p O © 1 16. 2 Deis Agre®o~t may be amended ar modified only by written agreement 3 ait~'ied by bath parties, and failure on the part of either party to enforce 4 any provision of this Agreement shall not be oanstn~ed as a waiver of the 5 right to compel enforvmioant of any provision ar provisions. s 19. ~q~t• 7 This Agreement shall not be assigned by Svbr+ecipi~t without the 8 priar written consent of City. g 20. riotiosa. 10 All natioes herein required shall be in wr3ti~ arxi delivered in 11 Pessa:'? ar aertt certified mail, postage prepaid, addressed as follows: 12 ~ to City: As to 8ubxecipiert: 13 Executive Director Brian Bost, Executive Director ® 14 Development Department. Easter' sent society City Hall, Fifth Floar 241 East 9th Street 'I 15 Stul Hexi]SrdinD Calif 92418 San 92410 , 16 21. Eldsnoe of Authority. 17 Subrecipient shall provide to City evidence in the farm of a 18 certified Dopy of mirnrtes of the governing body of Subrecipient, ar other 19 adequate p~rnof, that this Agreement has been approved in all its detail by 20 the governing body of the Subrecipierrt, that the person(s) executim~ it are II 21 authorized to act an behalf of Subrecipient, arri that this Agr+eeoent is a 22 bitrling obligation on Subrecipient. ' 22. Certification of 1?esaranoe. 24 Subrecipient shall aa~ly with the program requirements attac3ied 25 hereto as Exhibit "C", hdiic3i are incorparated by refer+enos as though fully 26 set forth at length and made a part oP this Agreem~t by e:oawtian of all 27 certificatia~s and ass~uanoes of the CDBG pxngrmn. 28 lab:4405 Iasv. b/11/91 -12- p 4 ® 1 23. 8ntire Aaresmertt. 2 This Agx+eement and any document ar ir~stxument attac3~ed hereto ar 3 referred to herein integrates all terms arsd oarditia~s mentioned herein ar 4 incidental hereto, and supersedes all negotiations aryl priar writing in 5 respect to the subject matter hereof. In the event of omflict between the g terms, aonditians ar prwisiara of this Agreement, aryl any such doc~nnmit ar 7 instrt~ent, the terms and caasditians of this Agreemart shall prevail. $ 24. Dio Third Part Beneficiaries. 9 No third party shall be deemed to have any rights hereundex against 10 any of the parties hereto as a result of this Agreemmzt. 11 //// 12 //// 13 //!! Q 14 //// 15 //// I6 //// 17 //// ~ 18 //// 19 //// 20 //// 21 /J/J 22 //// 23 //// 24 //// 25 //// 26 //// 27 28 lab:4405 Rev. 6/11/91 -13- ' FY 199;/1992 G'a~ ATP ~'1WE@i CITY A1~ID O SA9TS[t 88AL 80CZE'PY ® 1 II~T WITHI!56 S~DF, thB parties hereto have exec:tited this Agreement on 2 the day and year first hareinabove written. 3 4 ARTEBT: CT17f OAF sArt BE[a 5 Bst: 6 CTPY CLERIC W.R. K7IACt~ID, Mayor City of San eernarr3itw 7 8 sarr 9 Ap~rwed as to form and SY: 10 legal content: i~ 11 JAMES F. PErIl~AN, BSt: 12 City Attorney Secretary 13 SY: ~ 14 15 16 17 18 19 20 21 22 23 24 25 26 Q 27 28 lab:4405 Rev. 6/11/91 -14- ® DEVEZiDP1~IP D6Pl ~ T O ~ ; ' --- - - -' ' . CITY dF ~ 1~D1ItD1I~3) ' !'•~ - (U' ., n ~ , ® CDBO PAOP0871L AFPLICATICN VVV >tR 1993,/1992 ~ SCOPE OF SERVICES ' Rl7RTL Al~%A~'P RHQOFBTID: $ 12,000 pal Np; O(~'~ ~'' Date Reav~d: Answer all questions Mhich are applicable to your project as apeoifically as possible and attach the required doca>mm?tation. I. Gsc?eral Information Name of Organization: Easter SEaI Society of the Inland Counties Address: 941 East Ninth Street 2 p Oode: Telephme Number: (714 ) 888-4125 CantaCt Pezsai: rian ost - Title: Chie xecuttve icer Federal I ca an Number/ SeGUr ty Number (rr.~-proof t - oozporation): - 95_~o5lut~ II. ]3^o'feat Desoription (Check At~olicable Catews9) _ Real Property Aoquisitian public Services _ Capital Equipment Aoquisitian ~ Rehabilitatic:yPresar~ i _ Planning/Studies vatim _ Public Facilities {Oonstivctlon) _ Ot2ner (if c3:er~c, euc- plain i„ apace belw) ' Other: a) Name Of PrOjeG't: Factor SFaI Soriety 6uildinq Of eCt: 941 Fact Ninth Street Oensus Tiact(s) an~/ar H1ocJc Group(s): glt of San 6ernardino Citv Hietaric Preservation: Ia there any ktxsan ard:aelogical ar historical significance o! the stttxture, site ar area within one-half (1/2) mile fran project site? I! so, explain: NO b) Provide a detailed desaipkim of the proposed project by ~~7 p~~Y what is to be aooonglist>,ed with the requested Raids. (Attadi additia:al sheets, if neoeasa>;y): ~ BQnlare three Heating-cooling units that are over twenty ~ ~oarc ntd- Dloaca coo attarhmont. fnr details. i 1~13I1 uAn mea PAOPJBAL APPLI ON ., Developmm:t Page -3- a v. ProDOSed Protect Bueast (Pisase Ooeolete Anolicable 2tem G3i<1v1 a) Administration Salaries and Fridge Benefits: $ Supplies: S Professional Services: S Travel/confez~aes/seminars: S Utilities: S Insurance: S office Equipment: S Other S b) Oonstructica: S c) Eryineerixlg a>x~ Design $ d) sane Acquisition $ e) Planning Activities $ 3) Rehabilitatioa? Activities $ 1~ non n g) Other: - $ 4bta1 Project cost: 8 1 ~~(Ln (For construction, e:xlineering and design, land acquisitia: and (~/,,,~/~ r+ehabilitation activities only. ) -" EBtimatAr~B Ql7al Ca Ons: Cnntrartnrc IirPnce ~l17fl3fln h) Iderrtiiv other Rmdira sauroes: Identity commitments ar applica- tions far funds fzan other souroes to iagl.emant this activity. If other funds have been approved, attac3i evidr~:oe of ooenitment. 6ource of Funds Date !?vailable Southern California Edison $ 568-1136 Several months $ a er wor is completed i) Was this project previously ita~ded with CflBG flmds7 Yes Nom If YES, irxlfcate the year(s) in whic3> CDBG Pins were received and the granting entity: j) If you have never received ~ flu~ding, pcwide evidence of any previous experience with other federally fancied prvgrmre (use additional sheets if necessary): N/A a >~isrt "s^ . p C) Q for SOBRBCIPIII~iPB 1. 8uaniemeaital ]7sformation for Bubreoioient As a successful applicant of the City of Sari Bernardino F9t 1991/1992 Community Developneait Block Grant (CDBG) Program, you are not only agreeing to pmovide the services as stated in your appli~tion, but also to abide by the CDBG Program requixretoents and resparisibilities. 4b Rirthex assist you in understanding said requis+®ents and responsibili- ties, the following summaries and attactm~errts have been prepar+e8 to irhrvduoe to ar update yru on each ita~. Additia:ally, this instructional package will yea' g~~g ~Y official to read and sign his/her signature as part of the C17®G 2. Monthly~pu4st for Reimlxirsaeent Deadline: Due the fifth (5th) day after said of each calendar mouth ualess otherwise stated in the C?Bfi agreement. Include the following: a) One (1) completed Ragiest far ~ farm. ' b) One (1) Dopy of ~ checks issued that are being reimtxn^sed. ' c) fie (1) copy of ~ bills/naoeipts that support c3ieck(s) issued. d) One (1) Dopy of ~ payroll check(s) that are bei~ reimbursed. e) One (1) Dopy of g~ CtiecJc s'taabs, accamtirig ledgers, and/ar other dociaaeritatian that reflect gzoes salary and all deductions far each check(s) issued. f One 1 narrative deecrib activities undertaken dur the paw ~3 iTi4 month included far reimbursement. 7n 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 expmtses have been iric~n'ed within the scope of the executed agreement and that the subrecipient oontianaes to oaigly with the terms and conditions of the CD®G agreement. (Generally, invoices are processed within ten (l0) days of receipt of same.) Rhe City reserves the right to defer prnoessirg o! invoices and withhold payments until all required reports, statements, and/ar certificates have been submitted and, where necessary, approved. lab:3025 -1- CaBCi PAO(Et11M RHQIIIRF7~TP8 Rev. 6/11/91 Fieoal Year 1997,/1992 EIHIE7T "C° . p 4 © g) All awourttitrg retards std evidezroe pertaining to all costs of each sub2ecipient and all docxaments related to the GDBG agreaaent shall be retained and available !ar three (3) years following the ~letian of the forded prvgrem. h) Each subrecipient agrees to allow the City of San Bernardino Community Development Department to audit the funded program as part of its antasal audit of all CDBG fords pursuant to federal reyulatiaris set forth in Title 24 of the Code of Federal Regulations. 9. ~ ,+Qioa.,.„+~na nwnnir~~ents and Records/lteoord ReeDitlft Requirements Fd3ile staff realizes that report writing std record-keeping are rr~t the most desirable aspects of any program, it is one vehicle that provides a measure of program progress and aooa~listme'nts. 7Yws, all subrecipierxrs participating in the CDBG Progravn ~ to Pr~'~ the City of San Bernardino Development Department with written reports of its activities on ar before the tenth (10th) day of October, January, April at?d July of any given progzam year for the previous three (3) month period in addition Lo a final report when the agreement tezminates. Ali reports shall include informatio¢: on program activities, aoocnQlistnmet:ts, - nea progr:um informatioai std current pr'ogr'am statistics on expetditur+es, case loads and activities of the reporting period. Fach subrecipient is also required to maintain monthly records of all ethnic and racial statistics of persons and families assisted by its Q program(s) . This monthly record shall include data on the tmnmbes' of low std moderate income persons and households assisted, (as determined by federal itrcaae limits), tmpaber of female-headed households, and number of eeniar citizens assisted. As mentioned earlier, each subrecipient is ragtlired to keep all aacaciting records std evidence ~ f,ini~ to all costs far three (3) years follaaing ocmpletian of the funded program. 4. d:arterlY ReDOrts Deadlines: October 10 -- for period covering July 1, to Beptamber 30, of Program year. January 10 - for period ogvaritg Ogtaber 1, to December 31, of program year. April 10 -- for period aoveri»g Jata~aiy 1, to Marsh 31, of program Year July 10 -- for period ogvsrinq Aprii 1 to 01me 30, of program Y~• itrlude the following: a) Otte (1) completed Activity Report (farm tmm~ 602). b) One (1) competed Direct Benefit Repart (farm number 045(a). leb:3025 -2- CDBf3 PAOfiRAM RHQUIIO~TPS Rev. 6/11,/91 Bieoal Year 1991/1992 . p O c) one (1) ooapletea Caa:tract arri Suboartxact activity (form a~ 2506-006). (For oonetzuction projects only.) it is the responsibility of the subrecipient to prepare and submit the required reports by the above stated deadlires in order to keep City staff informed of any diarrgea to the Railed program(s) 5. PrOgratrt Monitoring One of the City's responsibilities is to monitar each subrecipient at least one a year. Not only are the monitoring visits intended to ensure each agency's oorrtiraied cca~lianoe with CCBG r+equir~ements, but also serve as an opporttimity far City staff to beoaae mare knowledgeable of each agency's progrem(s). 4he monitoring visits oleo serve as an apparhmity to provide infcaaatian to other City staff, the Mayan and Gammon Cournil and other interested persons. Listed below is typical information City staff will be seeking, observations that mic~t be made, aryl items we may wish to review: a) 7lae aocaaQlistimierrt(s) of the program(s) to date. b) Whether ar not program objectives are being met. - c) mat the intended client getup fs being sewed. d) Rhe number o! people on staff. e) 'Ihe existence aryl maintenarne of client files. f) Assistance City staff can provide. O 7n addition to monitoring each agenny cane a year, the City of San Bernardino Development Department reserves the right to have its internal auditar coarduct an onsite audit of the program as pert of the its anraral audit of all CD~BG Rinds pursuant to Federal Regulations. Althax~r the terms "mctiitaring" a~ "audit" may appear scaoewhat ~ formidable, please be assured that yg~a^ agency will be notified in i advarna of arry request for a monitoring visit. Also, please be advised that representatives fma FII7D manitar the CDBG program every year During HI3D visit(s), they may wish to mrx:itar c®e (1) ar more of the City's subr+ecipierrts. if your agency should be selected, you will be notified in advance in order to arrange a mutually oarvenient time. 6. Program Budget Another required element of your CD®G agreement with the City is the program budget. Please sukanit an updated line item budget reflecting your approved CD®G allocation. Also, include a Dopy of your overall program budget with a summary of your Raiding eaurne(s) and the total agency budget. '1l~e CDBG portion of your fatal program ar agency budget should be identifiable. ~ Pmt Yom, several agernies have raised questions r+egardirg minor budget modifications ar adjust~aents. 8taf! reali2es that the approved budget may require minor adjustaoent8 durirg the life of the pragrmn and request that you discuss proposed changes with Development Depari~ent staff. lab:3025 -3- CDBG PRDORlIM ~ Rev. 6/11/91 Fiscal Ysar 199],/1992 Q ® Again, please be reminded that capital ar ran-expendable equipment is mat to be purd:aeed with CDBG Buda. If you need to acquire such equipment. please discuss it with Development Department staff_.y1 '• s.wwl.ras wI Or/.nwAS~ Pr~e_L'f.0 or ~J{' {witRead D04i4.1~ "13'~ Of the All tangible pesscnal property havirxf a useful life of more than one (1) year and an acquisition cost of three hundred dollars ($300.00) ar more per unit shall be subject to the z+equirmments of the Property Management Standards specified in 24 CFR, Part 85.32, "Oommon Rule". 8. $ a) All equipment and property purchased in aooordarre with the above starr]ards shall ba identified as "Federal Prappxty-I97D", (include your internal Identification Number). Identification may be ad3ieved taggi.ng ar engraving the property ar by arty method that will _ result in prroperty Idemitificaticn Numbet being ~y affixed. b) Maintain a separate re~mti of all such equipment and property. Information shall include: Name/DescriP'tim -Ser1.a1 t~aaber -Identification Number -Date Purr3~ased -Rurhase Price -~cayditiaz (i.e., excelletrt,/gooc~/fair/poor) (i,e., solar/features, etC.) -A~?ysical Io~ticn (i.e., address/offi.oe/roau, etc.) c) Submit an inventary listing to the City of San Bernardino Development Department g,~vear endira June 39. Said listing is to be submitted ~ by J1ilv l0 following the erxi of the year. Rtes list should include all the information listed under item "b" above. d) A wr;item request must be submitted to the City of San Hernardiro Development Department far ar?y approved Purchases that are not in the ariginally appQ.''a'ed budget fees agreement). written autharizaticn ttaas .bet obtained fraa the Developmmxt Dspai'tment by submecipient priar to the piurhase of any equipment, whether ar not said equipment was included in the agency's anginal budget. e) It is the responsibility of the subrecip CAB" It is alsothe all property and equipment purchased responsibility o! the subx+ecipiemrt to identity all purchased ~ and ~p~Y tags ar engraving, and to supply same. 9. Mscal Aooaartina and Audit Docimar?tation The City of San Bernardino Development Deparhaenrt requires eadi agency to Q observe and comply with all aooc~astinq rules and audit procedures as set lab:3025 -4- CD®(i PAOORII![ T1'8 Rev. 6/11/91 8isaal Year 199/1992 Q forth in the CMG agreement. Rhe following ie a brief description of the ® ar~st Pr's a) As a participant in the City of San Bernaxdirro CD~BG Program, each subrecipient agrees to keep all ftu~ds reoeive3 fray the City fit? fran any other san~es of funding. b) Ear3~ subrecipient also agrees to keep records of all ftu~ds received fray the City of San Bernardino in aocorrlanoe with the prrocedur+es set forth in the "Agreement Accounting and AcLoinistrative Harrmook". A copy of the Harrlbook is attached. 10. Certification and Assurance Attached is a Dopy of the Certification and Assurance farm to be prepared aryl signed by the designated govarni:xy official(s) of the subrecipient agency. his doc~anerrt is to be attached to the CDBG agreement aryl shall become part of the governing requls+~nents. 18b:3025 -5- COHfi PROfRtAM Tl'8 Rev. 6/11/91 Fiscal Year 1991/1992 Q n~vl+rvrl~r nePwar~aTr ol~ Tl~ cr17c a~ BArr 79~amRDnao ~~Cartifiaation and Aasuranoe~~ ('ib Aooampany CDBCi )Igraemant) I, ~ (Name and Title of Off c ) of the (Name of Agency/ nation) located at do hereby make the following oertificatian aril assurance to aooompaay the O~mity Devela~t clock Grant Agreement between the ty of San of an) arri a) Oettify that the information booklet far CDBG Program r+equir+ements has been read aryl tmderstood; and b) Assure that the (name of Agency) will comply with all as pulated herewith in the performance of the CDBG Agremoent. Dated: (S tore of Off ) Dated: Development Department Repr+esenta ve lab: 3025 Rev. 6/11/91 lab:3025 -6- HBO p g Rev. 6/11/91 BisCal Yaat 1997,/1992