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HomeMy WebLinkAboutR09-Economic Development Agency nwarAPM~rr n~rAx~rr a~ '1'~ •" © F1'+om: IQ~3~II~'IIi J. i Subject: FY 1991/1992 CDBfi ATP F.SoealtiVe Diret^tor BEIWEBBi CI'17C AND ffiOIQ.Al~ID DISTRICT ~@i'II. ON Afla13, Date: Jtme 11, 1991 II~1C., (sen~w~.*,~ra~) Synopsis of Previous Oc~issioo,/oamcil/COamittes Aation: ~ FebYVaiy u, 1991, the Mayor and Cron Council appmoved artd adapted the FY 1991/1992 CD'BG Program Mix and authorized staff to solicit pzoposals far same. On May 6, 1991, the Mayan and Orbnoon Catutcil took an actia¢: establishing May 20, 1991 at 3:00 p.m., far the date and time certain of the FY 1991/1992 CD'BG Public Hearing. ~ May 20, 1991, the Mayan a~ Common ca:mcil reviewed z+eoomIDendatians submitted by the~mity Developasnt Department Citizen Advisa~y Committee and app2vved same for CO®G ftutdirg asaistantoe far Fiscal Year 1991/1992. Recommended Motiaa: (Mayor and CoIDaon Coiatoii) © REBDI.VTIQ~i OB' T~ MAYOR AMID ODMbDN . OS' T8E CITY C~' SAN 8 ADTAORIZIIaG AZID DIIiHCPII43 'ffi ~TIOti ON A COD4~7PPY T$VSLOP!@TY BIACIC 03tANT FONDIIxi ACTT 8E1S6+@i TSE CITY 09' BAN BE~Il~IIID AND ffi0ffii12ID DISTRICT CDONCII, ~ AOIIx3, III., ()IdlniIIlstratiom). ~ !~1~~ J. ve Development naparlmemt Coattact Pet~so¢t: hest Herdersa~t/FYi Flames Phone: 5065; 5081 Project Area: All Project Areas Waxd(sj: All Wands Supporting Data Attached: Staff Reaort: Resolution: Aareententt: ESdtibits FUNDaiG RF7¢[JII2II+~TTS: Anootmt: S 20.000.00 Satn.~ce: FY 91/92 CDBG IAC Budget Authority: Oona~tssiaat/Cotmoil Notes: K7H:ELF:lab:4409 ODMi~BBLQ~n A~ Meeting Date: J1me 17, 1991 Agamida Item No: © C~ Richland District oo4afcil am 7larim. ins. , trboinistratiaa) FY 199L1992 mBa Am'eament Cn May 20, 1991, the Mayor and Ca®on Qo~IIycil oaxh:cked the FY 1991/1992 CDEG Public Hearing and awarded OaoauLtty Developm~t Block Grant Elude to cer'tairt public eesvioe, capital iu~ravmnmlt and fair housing projects. Agreements are now required to i~lement said projects. ~e attac3:ed Agreaoent between the City and Highland District Council an Agin, Inc., (Administration), incltdes a "scope of services" and "program btdget", referred to in the Agreement as F~ibits nAn end nga~ may. Zhese Ediibits are incozporated by reference as though fully set Earth at length. Adoptim of the attad:ed Reeolutian by the Mayor and Commnn Caunri7. authorizes and directs the Mayor to execute tha Agre~t as described herein. I recommend adoption of the attac3ied Resolutic¢:. ' J. ~t, 8~aou w rsator ® Develapmeait Dsp tmsnt ©IQH:lab:4409 MBA Hestia? Dnte: 06/17/91 4 RESO~trr~oet aa~ ~ t A~ aotmYnrt ao~tcu, a~ ~ cr17c a~ sort © 1 2 AD~tisDt3 71rID DIItBCFIIai 'III t am' aots~rtlTY nevsrn~r t3LOCR ctttaxr i~aa~nxr air Bit ~ c=a~c aa~ sari Sato 1~ ffic~ar>D nssaucr 3 aotnacsz art ~, etc., vas+„+.+.,tiw Doers) 4 es rr Resozv~ Bx ~ rn?mat ~ aotasxa aoaoVCrz, a~ a~ crrr a~ m?rt as Poraaas: 5 ~rtiam i. 6 7 (a) the Mayan of the City of San Bernardino is hereby authorized and directed to execute, on behalf of the City, an agreaoent far Ccmmmity 8 9 t)evelopment Bloc)c Grant Pundirg with xrr~a~ DIy~rCP oOC?~?• ON pyr_**o- Tur (AII~tisIRATiyE C06`is) . Mich agreement is attached hereto as Fsdiibit "1", and 10 11 ~ herein by referenda as though fully sat forth at le~th. Zhe agxeeaent provides far the granting of Cotammity Develapnent Block Grant fia~ds 12 in the follawi~ anent of 520.000.00. 13 © Bastion 2. 14 (a) ~e autharizatians to ewe the shwa rafarenoed agreement ie r+es- 15 cirr]ad if the parties to the agraeooent fail to execute it within sixty (60) 16 sixty says of the passage of this Resolution. 17 I HIItE6Y CFF3alF7l that the foregoing resolution ~s duly adopted by the 18 Mayor and Ootuycil of the City of San Bernardino at a 19 meeting thereof, held m the _ day of 1991 by the following 20 vote, to wit: 21 //// 22 //// //// 23 /// //// 24 //// //// 25 //// //// 26 //// © //// 27 //// 28 lab:3961 Rev. 6/11/91 -l- a~~~~ffi~ of ~o~ ~ ~ ~ 1 ~- ~ ~ 2 ' _.- 3 ~-- ~ ~ 4 ~t ~- _,_._ 5 ~- -- 6 ~~T,ESt ~..- ? ._.- g ~ 14 it 12 ~,y og ~-~`- tz?is ~ '^ it ~ g~°~ ,~cri is ~r1 15 lyyl, ~pr~x~,o is C3.tY og S~ 17 18 ~ ~ gorm ata 1 i~ ~,errt• 9 2~ J~ F• .p~+N, 21 ci.~t Atbo~ ~ 23 24 25 26 mar/ `~7 _2_ ~'36~y~,J91 0 0 agRFB~BI?~ ® 1 2 TFIIS AG[~lP is entered into effective as of this _ day of 3 1991, at San Bernardino, California, between the CITY OF SAN 4 ~Il4RDI]~U, a municipal corporation, referred to as "City", and ~ 5 ~STRICP COUNCIL, CN AGING, INC., a nonprofit community service organization, 6 referred to as "Subrecipient". City an3 Subrecipient agree as follows: 7 1. Recitals. 8 (a) Subrecipient has requested fi*+~+++r+Ai assistance frcat City for 9 fiscal year 1991/1992 frcmtfluds available throtr~i the Commamity Development 10 Block Grant Pmgrean fmn the United States of America to City. ii - (b) svbrecipient r~epzesents that the expenditures authorized by this 12 Ag~.~eement are far ~P rm~,i si ~ of a coordinated rarwe of service and 13 ~a+ity a~ivities to law and moderate i*+~~ senior citizens to'enab]e 14 them to remain liyira irdenen3ently at home, which are valid affi eligible 15 oo~ausity development purposes, as defined in CFR Pnrt 570 in acoardanoe with 16 federal law and requlatiaa~s, an3 that all fluids granted under this Agreement 17 wilt be used far no purpose other than those purposes specifically 18 autharized. The specific purposes and scope of services of this particular 19 g~ are set forth in E~ibit "A", attached hereto an3 irnorpoaate3 into 20 this as though fully set farth herein. 21 (c) Subrecipient will comply with applicable unifa~rm s~i*+i~+ative 22 requirements, as described in 24 CFTC, Part 570.502. 23 (d) Svlurecipient will carry out each activity, program and/ar project 24 in ~lianoe with all federal laws and regulations as set fa~rth in 24 CFR, 25 Part 570, with the following exceptions, (i) the SubreciPient does not assume 26 ® the envirorm~ental responsibilities of the Grantee as described in 24 CFT2, 27 Part 570.604, arri; (ii) the Subrecipient does not assume the Grantee's 28 lab:4402 Rev. 6/11/91 -1- BffiBIS °1° © O Q 1 responsibilities far initiating the review process wider Fxecutive Cider 2 NtIIOber 12372. $ (e) Subrecipient will comply with the x+equi>.^ements set forth in the ¢ Unifarm Relocation Assistance and Real Property Acquisit3cn Policy Act of 5 1970, as amerxled, (LAiA), 49 CFR, Part 24 in aocozdanoe with federal g regulations when attempting to ar acquiring any building ar paroel of lard. ~ Subrecipient will be required to obtain written approval Exam the E~aecutive 8 Director of the Development Department priar to any activity taking place 9 within the oomfiTles of URA 49 CFR, Part 24, as amerrled. 10 2. Payments. 11 City shall reimtiuree Subrecipient far allowable costs incurred carder 12 the ~ of this Agz+aemerrt and applicable Federal. regulations, which have 13 rot been paid far ar r+eimbursed in arry other manner by any other Agency ar ® 14 private scorns of funding. Rei+~++~++~ will be made at least an a monthly 15 the total of all such reimbursements nct to erooeed S20.000.00. 16 3• 1'J his Agremoent shall o®mertioe ~lv 1. 1991, and terminate Jtme 30, 18 1992. 19 4. Dse of Fueda• BueQets Travel Limitatia~n 20 (a) ~e Rinds P~ to Subr+ecipient shall be used by it solely far 21 the purposes set fa~rth in Paragraph 1(b) of this Agreement, aryl in acoordarre ~ with the program budget submitted by Subrecipient to the City of San Bemar- 23 Grp Ommmmity Development Department, a copy of which is attached to this 24 Agre®ent as F~ibit "B". Zhis budget shall list all sunrnes of l:urlirrg far 25 the P~~ covered by this Agreement, whether fit State, Federal, local ar 26 private sources, aryl shall identify which souroes are paying far which speci- ® 27 fic portions of the pmogxam, by line-item, to the extent practicable. 28 lab:4402 Rev. 6/11/91 -2- . p 4 (b) No travel expenses far outrof-state travel shall be included in this progrmn unless specifically listed in the budget as submitted aryl ap- ® 1 t proved, aryl all travel expenses to be Burled fray funds provided hereunder 3 shall be specifically identified as travel expense, which shall be negotiated 4 bstrseeit the City of San Bernardino Development Depar'tmsnt arxi Svbrecipient in 5 the budget. Any travel expenses irxaured bl' Subrecipient above the budgeted 6 amount ar far outrof-state travel shall not be eligible far ~ 7 unless the priar written approval of the Esnecutive Director of Development 8 Department of the City of San Bernardino, ar designee, has been obtained. 9 (c) F1u~ds shall be used far p~nsposes authorized by the Oammutity 10 ~ Slock Grarst Programs only, and no Portion of the Rails granted 11 hereby shall be used far any purpose not specifically authorized by this 12 13 (d) Drily net payroll shall be periodically reirobuxsed by City as an © 14 allowable oast. Any amour:ts withheld by S~:brecipient from an a~loyee's pay 15 far taxes, social searrity, ar at2rer withholding and mt ~,~i,~teiY P~ 16 over ~ anot2rer entity, shall not be included as wages ar expenses eligible 17 far ~ as an allowable cost until such time as the withheld tawea, 18 searrity, ar other withholdings are actually paid over to arxrther 19 entity entitled to s:x3i paymerrt. Upon such payment and the eubaissian of 20 evidence of such payment to the City of San Bernardino Development 21 sudr shall be regarded as an allowable cost, ~ and the City shall reimb:use Subrecipient far such obligation. 23 (e) 5vbzecipient shall be allowed, with the priar written approval 24 oP the Developm~rt Department of the City of San ~.,~,~,~al„o, to IDak+e comes ~ to the budget during the first three (3) quarters of the liscal year, so long 26 as Subm:+ecipient is in o~lianoe with Section °2" of this Agreement at the ® 27 time of sutanissian of the budget modifi~tian request. A variation in the 28 lab:4402 Rev. 6/1.1,/91 _g_ 4 1 itemization of poets, as eat forth in the piropoeed budget eubmitt9d to City, 2 rut to exceed ten percent (10$) as to arty particular line iten, shall be 3 allowed, prwided that the prior written approval oP tha Eweastive Director 4 of the Development Development of the City of San Bernarz7ino ie obtained, it 5 being wrletstood that the total amo:urt of the grant shall not be varied 6 d'~Y• 7 (f) ~e parties intend that grant furr]s be utilized within tha time 8 period caver+ed by this Agreement, aryl entitlement to any funds not expended g ar obligated shall revert to tha City. No reserve far the future Shall be 10 established with the Raids except as may be authorized to meet ocmmitments 11 ode far services provided during the period of this Agresooent, but not yet 12 paid far at the conclusion of this Agreement. 13 (g) Subr+ecipient ehal.l r+smain in compliance with all state, federal ® 14 aryl local lmrs priar to the receipt of any reimbursement her+esa~der. Zhis 15 ~ but ~ riot limited to, all laws aryl regulations relative to the 16 farm of organization, local business licenses and any laws and regulations 17 specific to the business and activity carried out by Subrecipim~t. Reimburse- 18 went shall not be made to subrscipient which ie not operating in ooDq~liance 19 with all applicable laws. Rsinoburseme~ts may be subsequently paid, at the 20 discretion of the F~aeartive Director of the De~relapment Department far 21 reimbursement costs incurred during the period when compliance is achieved ~ before expiration of this Agr+eaoerrt. ~ 5. Aoooisntirsos Audit. 24 (a) Prior to the final payment under this Agresmerrt, and at such 25 other times as may be requested by the Eloeaitive Direetor of the Development 26 of the City of San Bernardino, Subracipient shall submit to the ® 27 Director an aocawitirg of the pznposed axd actual expenditures of all 28 lab:4402 Rev. 6/11/91 -4- D 4 x+everaies S~ wd~atever sounoe aocruitfg to the caganizatian for the fiscal year ending J1u~e 30, 1992. ® 1 2 (b) Fi.v,nniAi records shall be +ro+intai„~ by Svbrecipieat in aoooni- 3 anoe with c.enerally Awepked Aoooia~ting Principles, and in a mariner talsich 4 permits City to trace the expenditures of f~usds to souros docamwntaticn. All 5 books and xeoords of Subrecipient axe to be kept open far inspection at any 6 time during the business day by the City, its offioere ar agents, and by any 7 representative of the United states of America authorized to audit community 8 development block grant pmograms. 9 (c) Standards far finarx^i~~ manage~t systems aryl financial report- 10 ixig requi*+~**¢ established by 24 CFR, Parts 85.20 and 85.22 shall be fully 11 complied with by Svbrecipient. Subrecipient aclmowledges that the funds 12 pr+wided axe federal furr3s. 13 © (d) Subrecipient's financial managemezit system shall provide far 14 accurate, curxetrt and oompleta disclosure of the fi„A„ri~l xesutts of each 15 program spa~sar+ed by this Agreement. Tt is the resprnsibility of Sulureci- 16 pient to adequately safeguard all assets of the program, and Svbrecipient 17 shall assure that they are used solely far authar~ized ptu.~posea. 18 6. eervioas available to Pssider?ts• Monitoxir~o and Rarx?xtdnc Prrooram 19 PerfotmaTbe. 20 ~e services of b~brecipimit shall be made available to residents and 21 inhabitants of the City of San eexrardino unless otherwise noted in E~ibit ~ "A". No person shall be denied service because of rape, polar, naticr~al ari- 23 gin, creed, sex, marital status, ar physical handicap. Subrecipient shall 24 oa~ly with Affirmative Action guidelines in its employment practises. Subre- 25 cipierit shall also monitar the prvgram'B activities and sutmit written re- 26 ports quarterly, ar mare often it requested, to the E~oeaitive Direckar of the 27 Development Department of the City of San Herrardino, in aooordanoe with 24 28 lab:aaoz 1Zav. 6/11/91 -5- . Q © 1 CFR, Part 85.41(c)(d) and Part 85.21. Failure to prwidA suds quarterly 2 perfa~rmanoe repasts may Pmsvent the prooessirrg by City of st>tsecipient's 3 requests far reimhrrsEment, and maY j~ifY ~ralY ~t~d~1 ~ provided 4 far in Paragraph "li" hereof. City resezves the riot to waive such breach, 5 P~u~re to anY other of its rights her+eauder, upon a finditrg by the g Furtive Director of the Development Depnrho~rt that suds failure was due to 7 ~~rl' ~ and that such breach has been timely cured $ without prejudice to the City. 9 7 ~ A~e~inansr~t p~,.Fi CABS ~n_~ ~ Gt of Tnl~nneeF 10 SUbxecipim~rt shall oily with prvcu~nent prooadtrres and guidelines 11 established by 24 CFR, Part 85.36(d)(1), svbrecipient "Pirocur~oent 12 • ~ additiai to the specific r+egtrir+®ents of 24 CFR, Part 85, 13 Pmt shall mnirrtain a node ar stardards of oandlx:t whidr shall govern Q 14 the Perfor'manoe of its officers, employees ar agents in oontraatirrg with aryl 15 the federal grant iirrds made available to SZrbrecipient under this 16 8~brecipierrt's officers, employees ar agents shall neither solicit 17 ~' accept gratuities, favors, ar anything of monetary value &vm contractors 18 Oz' Potential oontractare. 4b the extent perm!~h~e by state law, rules, aryl 19 regulations, the standards adopted by subzecipierrt shall provide far 20 penalties, sanctions ar other disciplinary actions to be applied far 21 violations of such standards by either the Subrecipient's officers, employees 22 ar , ar by ~ntract~ ar their agents. SUbrecipient shall prvtride a 23 cops' of the code ar standards adopted to City forthwith. Ali pirocuremerrt 24 without regard to dollar value shalt be oaducted in a mariner so 25 as to p2wide maxim~aa open and free occmg:etitirn. 7tre subrecipient shall be 26 to argantutianal oonflicta of intez+pst ar rrar~anpetitive practices ® 27 ~xl ~ whidr may restrict ar eliminate oompetitiar ar otherwise 28 lab:4402 Rev. 6/11/91 -5- . p O restrain trade. Subrecipient agrees to mere to conflict of interest 1 provisions set forth in 24 CFR Section 570.611 arri to the pzvcamement rules 2 specified ill 24 CFR, Part 85.36, irl its expenditure of all ftaY]8 received 3 urr3ar this Agreement. 4 8. Anti-Rick Back Provisions: mi~„~~avimm<t oooortrmity. 5 All contracts far construction ar repair using fords provided urr3er 6 this Agrsem~ent shall include a prwisicn far o~liance with the Oopelard 7 nAnti Rick BacJc" Act (iB.U.S.C. 874) as supplemented in Department of Iabar 8 Regulations (29 CFR, Fart 3). 'Ibis Act provides that eac3: cartraotar ar 9 subgrantee shall be prohibited fYom irducilrg, by any means, arty person em- 10 ployed in the wnstruetian, oompletlaar ar repair of public work, to give up 11 ' any part of the caa~ensaticn to whic3: he/she is otherwise entitled. Subreci- 12 pient shall report all suspected ar reported violations to City. All Darr 13 ~ excess of Slo,ooo.oo entered into ® by Subrecipient using ilar]s 14 provided order this Agreement shall oarrtain a provision requiring compliance 15 ~1 I~~m established by F~xtive order 16 Number 11246, as amended. 17 9. PrsvailinQ Wane Reauir+emeat. 18 pm, construction cacrtracts awarded by Subrecipient using Elude 19 provided order this Agremmerrt in excess of $2,000.00 shall include a provi- 20 sign far ~liar>oa with the Davis-Bacon Act (40 U.S.C. 276 (a) to 276(a)(7)) 21 ar13 ~ supplemented by Department of labor Regulations (29 CFR). Under this 22 Act, contractors shall be required to pay Wages to laborsrs and mecirantcs at ~ a rate rot less than the miniman fled in a wages epeci wage determination made 24 by the Secrstaiy of labor. In addition, oorrtractors shall be required to pay 25 wages not less often than coos a week. Subrecipient shall place a Dopy of 26 the curxvnt prevailing wage determirrntion issued © 27 by the Department of Labor in each solicitation and the awani of a contract shall be cariditicned upon 28 lab:4402 Rev. 6/11/91 -7- . E C~ ® 1 the acceptance of the wage determination. Subrecipient shall report all sus- 2 Pe~sd ar violations to City. $ 10. '^^*+~s~ of City of amr ChaLVes; Use of Program I1loome. 4 (a) ~tY ~revY Svbz+ecipient to ratify the City, in writing, 5 of its intent to ~ a fee far any service, the provision of which is G assisted p~nsuant to this Agreem~szt. City requires S1:brecipient to obtain 7 the prior writt~ approval of City far any c3~aiges ar fees to be c3:azged by 8 Subxecipient far such services, and of any rules arri regulatirns governing 9 the pxwieion of services hereau~der. 10 (b) Program incase rep4^esents gross inocaoe received by the 11 iP~ directly generated from the use of limds provided heretiarder. ' 12 Stub enrni~s include interest earned on advances girl may i~lude, but will 13 not ~ limited to, imaoe tmn service fees, sale of commodities, usage and Q 14 rental fees far real ar per'sanal property using the fun;ls provided by this 15 ~ to such income, it shall be first applied to eligible program 16 activities, before requests far reimbursement and, in the use, shall be 17 subject to all applicable provisions of this Agre®oent. 7.noGme not so 18 applied shall be remitted to City. Subrecipient shall rmnit all unspent 19 P inoaoe to the City within thirty (30) days subsequent to the earl of 20 thB Pro4r'~ Yom' 30, 1992) . 21 11. 1~orasv Witbt~oidinc. ~ Rhe 13oecutive Director of the Development Department of the City of 23 son Ber::ardino is authorized to temporarily withhold the payment of funds to 24 St:lxirecipient when the Director determines that any violation of this 25 has oxurred. Funds shall be withheld until the violaticas is 26 ~~-'~ to the satisfaction of the Hoecutive Direetar. Svbrecipient shall f°1, 27 have the right to appeal the decisioc: of the F~ceaitive Birector to the Mayon' ~„/ 28 lab:4402 Rev. 6/11/91 -8- C C~ and ~ Ctixuscil. ~e sole graiuids far Boni appeal shall be that no violation of the Agreement has oocurY+ed. SUbrecipient shall file suds appeal ® 1 2 within fifteen (15) days after eix3s first withholdisuj. use Mayan and ~ 3 Council shall set a date far the hearing of stu3s appeal which is within 4 thirty (30) days following the date of tiling. 5 12. Reoozds Retention. 6 Financial reoards, supporting documents, statistical records, and all 7 other reoomds pertaining to the use Of the Burls provided urrler this Agree- 8 meat shall be retained by Subsecipierst far a period of three (3) years, at a 9 minim<aa, aryl in the event of litigation, claim ar audit, the records shall be 10 until all litigation, claims arri audit firrlings irswlvirsg the te- ll ' cords, have been fully resolved. Records far nos-escper~dable pxvgeLty aoqui- 12 red with fede~tal ilurla provided under this Agreement shall be retained far 13 three (3) years after the final © 14 disposition of suds pmopsrty. 13. Pttooeriv lrarmrlemant Standards. 15 Nan-expm~dabie persaral property, far the p:spoeas of t2sis Agreement, 16 tatscJible P~'~ property, purdased in whale ar in part with 17 federal 11mds, which has useful life of more than ono (1) year arrd an aoqui- 18 aitian cost of ana~tlsousassd dollars ($1,000.00) ar more per unit. Real 19 Pr'cP~-Y ~re land, includia3 land impzweooente, arld apptu ten- . 20 anoes thereto, excluding movable machirsaty arri equipment. Nan-expendable 21 peel prop~y aryl real Pr'oP~y Puxrhased with ar irgmoved by funds pro- ~ vided urrler this Agreemetst shall be subject to the property managm~erst stan- ~ lords set forth in 24 CER, Part 85.32. 24 14. ~ination for Cause. 25 (a) City reserves the right to terminate this Agre®ent in aooordanoe 26 24 CFR, Part 85.43, and any and all grants and future payments ursder © 27 this Agreement, in whole ar in part, at arty time before the date of 28 lab:4402 Rev. 6/11/91 -9- 1 ocaQletian of this Agreement whenever City datermia:es that the subracipient 2 has materially failed to oily with the terms arxi oonditicns of this 3 Agreement. In the event seeks to terminate this Agre®nent far cause, City 4 shall prvtq~tly notify the Subrecipient in writing of the proposed termination 5 arri the reasons therefore, together with the prq~osed effective date. 51:breo- 6 ipieart shall be given an opporaaiity to appear before t2se Mayan aryl Ocamcm: 7 Council at the time at w~sich the Mayan and Common Council are to consider $ suc3: reo®ended termination, and shall be given a reasonable opporamity to 9 shay cause why, if any exists, the Agre®ent should not be terminated far 10 arose. Upon ~~*~*+~;*+ation by the Mayan and Common Council that the oontiact 11 should be terminated faa' cause, notice thereof, including reasons far the 12 determination, shall pr~tly be mailed to the bvbrecipient, together with 13 information as to the effective date of the termination. Svci~ notice may be 14 given orally at that hearing. one determination of the Mayan and Comson 15 Council as to canes shall be final. 16 (b) In the event of any termination whether far ~uee ar far 17 convenience, bvbrecipient shall forthwith provide to tt?e Development Departm- 18 earl any and all doaaaentatian needed by the Develapmea:t Departmm~t to 19 establish a full reoor3 of all monies received by Stibmecipierrt and to doam~e- 20 nt the uses of same. 21 ss. ~bsmination for oomnrae?iea?ce. 22 City ar Suluecipierrt may terminate this Agreeaaert in whole ar in part 23 Prided both parties agree that the oartirmratian of the project mould not 24 P~~ beneficial results o~sate with further expenditure of funds. In ~ sudr event, the parties shall agree upon the termination conditions, 26 including the effective data aryl, in the case of partial terminations, the 27 portion to be terminated. Zt:e bvbrecipient shall not incur new obligations 28 lab:4402 Rev. 6/11/91 -10- C C~ far the terminated portico after the effective date and shall cafloel as many outstanding abligatiar:s as possible. City shall allow Svbrecipient full ® 1 2 credit for the City'6 share of the msrcanoellable obligatiane obligations 3 properly incurred by the Subrecipiesit priar to termination. 4 16. Reversioat of Assets. 5 SUbxecipient agrees that open expiration of this Agte®ent, the 6 svbrecipient shall transfer to the City any and all CD®G Bads rwt used at 7 tt?e time of expiration and any aooamts receivable attributable to the use of 8 CDBG fords. Svbxecipient agrees that any real property order its control, 9 which was acquired ar improved, is whole ar in part, with CDBG fords in 10 excess of $500.00 shall either, (i) be used to meet one (i) of the three (3) 11 ~ set forth in 24 CFR, Part 570.208 until five (5) years 12 after expiration of the Agreement ar such period of time as determined appro- 13 pa~iats by the City, ar; (ii) is disposed of in a manner which results in the /^1 14 City being reiaiursed in the amamt of the current fair marlaet value of the ~,J 15 property less any portion thereof attributable to experditura of, ar 16 ~ ~, the Pr'aP~Y ~ Subrecipient. stiu~ ~t is not 17 required after the period of time specified in "i" above. 18 17. Hold Harmless. 19 S~rbrecipient agrees to i:rdemrriiy, save and hold harmless the City and 20 the Developaent Depattmerrt and their employees and agents fran all 21 liabilities and charges, expenses (including Damsel Ease), suits ar losses, 22 however oocurrirrg, ar damages, arising ar growing out of the use of ar 23 receipt of fords paid under this Agteeaoent an3 all aperatians under this 24 Payments order this Agreesoerrt are made with the raxlerstarding 25 that the City and the Development Department are not involved irr the 26 ® perfarmarne of eesvices ar ether activities of the SUbrecipient. S~rbrecipierrt 27 and its employees and agents ate indepetdent oantractate and not employees ar 28 leb:4402 Rev. 6/11/91 -11- . c a 1 agents of City and the Development Depnrdoent. 2 19. mom. 3 his Agreement may be amended ar modified only by written agreement 4 signed by both parties, and failure an the part of either party to enforce 5 any provision of this Agr+emment shall not be oonstnred as a waiver of the g riot to compel enforcement of any pr+ovisian ar provisions. '] 19. Aeaio~t. g This Agreement shall not be assigned by Svbmecipim~t without the g priar written consent of City. 10 20. of ~ 11 All notices hezein required shall be in writing and delivered in - 12 P~ ar sent certified mail, postage prepaid, addressed as follows: 13 © As to City: As to el8araaipiaat: 14 E:aeartive Direcrtar 7brry Mtno, E:a3cutive Dir+e~-tar 15 Development Hic~lard District Cosicil City Hall, Fifth Floar m Aging, Inc. 16 300 North "D" Street 3102 E. Highland Avenue San Bernardino, Calif. 92418 Highland, Calif. 92369 17 21. Evidence of Authority. 18 Svbr+ecipimrt shall provide to City evidence in the farm of a 19 certified Dopy of minutes of the governing body of Svbxecipient, ar other 20 adequate pmoof, that this Agreement has been approved in all its detail by 21 the governing body of the Sob ecipient, that the person(s) ermecutirg it are 22 authorized to act on behalf of Subr+ecipient, aryl that this Agreement is a 23 binding obligation an bUbr+ecipient. 24 22. Certification of Assurance. 25 ,t.,~,r,rn attached Svbxecipient shall amply with the program re~ 26 hereto as E:dsibit "C"~, which are incarporated by reference as though fully 27 set forth at length aryl made a part of this Agresooerrt by eraacution of all 28 lab:4402 Rev. 6/11/91 -12- . C p ® 1 oertifi.cations and assurances of the C>33G p~+ogram. 2 23. Emirs Agreement. 3 Zhis Agreement grid any doca~ent ar instzwaent attac3:ed hereto ar 4 referred to herein integrates all terms and ooaditians mentioned herein ar 5 incidental hereto, and supersedes all negatiatica~a and prior writirg in 6 respect to the subject matter hereof. In the event of conflict between the ~ terms, aaditions ar provisions of this Agreement, and any such docanoent ar g instn~ent, the terms and carditims of this Agi~ee~oent shall prevail. g 24. No Third Part Beateficiaries. 10 No third party shall be deemed to have any ric,~ts hexeau:det against 11 any of the parties hereto as a result of this Agreement. 12 //// 13 //// 14 /!// 15 //// 16 //// 17 //// 18 //// 19 //// 20 //// 21 ///! 22 II/I 23 //// 24 //// 25 //// 26 //// ® 27 //// 28 lab:4402 1Zsv. 6/11,/91 -13~ rs~ _ ...~- ~a 4 ~.~gTs ~' W•g' og~S~ - City 5 ~C 6 C~ 7 -'"`_ gY: FteA _ 8 ~ 9 ~ tp gazm 0 1~"~ " _ gy: Secre~x'3 1 11 J Ate ' 12 13 14 15 16 17 1g 19 2Q 2] 22 23 24 25 26 27 ~lA~ 2g 1~~'Afi/~91 ' ~ SCOPE OF SERVICES kl ~'ro?'jde %, detAi]F!i rie~rrlption n1' ihP prosi!osed pr!?iPct h+' dPscrihine prfc•IGeI}" what is to hP ac;comi~lishe+i .:i*h the requested funds. The Hi~'hland Senior Center is emh.arking nn a \'er~ old and successful process t.o enhance the quality of life for ifs members. This process is called Yh~-sical Fjtness. The center is plAnning to convert the auditorium at the south end of the hniJding ]lito a Fltness Center. PhvsicA! Fiti?PSs is an es~entia] part of "E\'er~'hnd?P~" life. E~:erc•ise has nn ae h%~/'7'Irt'ti AT+„ tIP-S A t:lnrl"°-; T°+'OTr1 i,'1' PI?Ilai`r1 nE A pPrsnt•c 17f~P rr Y 7 \'7 11P= - The %'111?PC~ 1 f•Rt P1' I5 in ihr•l ode e`Prri 6° hi r~: cjac. Ft AI?'- . masters. +reieht machines, free wei¢hts, et r.. Alone' with the Pdui ument fj tnPFR C'I AFSPR will he r.nndncted to help with fJer.ihilitc, musc•ular• sirerlgrh, cardiavl+se,.+lar endurance. And re-ce]nt-+tns neN' friendships. ann11!eT' a(ideri fPAtlll'P 01 tllP rCnBr'%:m \:11] hP MAtP1' l`\Pr('tcf . r!AS~.PS ojfer'e.i h~ tt;e F=lstcr S~s,ls Sl+ciet\ Ant+. the \Nt'a. F:~c! 1-ar ; 111 ~' O'~1'!-•rc » }-0111' 1 a ! 1 C,O1 ipep u:.n ] hea s P~ti 1 n Hn ,iw: rc-p.c . l: t~l~~fl ]~'• l~iefi; .f Or i",A I'11' ll'+%~7!tC M'i±h r. 1'1 ;?r!tl ti, lOWe!' t~aC'~' i~rnhlems, or' injuries limit]n~, mvhilit}". i'hP Hiehlnnd Sc•ninr Center will Le usi+le th Si,+,00(1 to purchase pieces of equipment needed for the Fitness Center find programs. Enclosed is fi Pro4ram Ferspect.ive of what we will © he offering to ollr participants and what t~-pe of equipment is needed. SEHISIT "A° ¢eca PAOFL78,1L APP7,IQ1T* `r.' . Developmea:t Department • pegs -3- O p. Pmooaed Protect SuBvet (Please Ounolete Anolicable Items oa).v) a) Administtatian Salaries and FYinge Benefits: S 66 0~ Supplies: $ Professional Services: S Travel/conferences/seminars: S Utilities: S Irsurarroe: S office Ek~uipnent: S other: - S b) Oonstructicn $ c) F1~gineerinq anc! Design S d) Isnd Acquisition S e~ Planning Activities S f) Rehabilitation Activities S q) Others Exercise Eauivment S 20,000 Total Project Oust: S 26,200 (Fbr oanstruction, engineering snot design, lam aaquisiticn an3 rehabilitation activities only.) Q Estimator: Estimatar's tXsal f ons: h) other lla~dira sources: Identify omm~itm~ts ar apgli,~ tions far llar]s from ether souroes to implesertit this activity. If other 11a~ds have been approved, attac3i evidence of oaomitment. ~iirve of F1mda $a Date Available Oakland Athletics Foundation $ 5.000 A~~lication Submitted May 1991 t.o...o.onrP Walk Fnundation .CI 5.5CO Aonlicstion Submitted Msy 1991 Annual Support Campaign $ 5.000 To Be Run July 1991 W.M.Peck Foundation 5,000 Application to be Submitted May i) Was this project previously ila'ded with tS6G funds? Yes No 1991 If YES, indicate the year(s) in which CLBG funds were reeceived and the gzassting entity: j) If you have never received C'DBG furySicxl, provide evidea~ce os any previous experience with other federally !laded prngsmas (use additional chests i! necessary): EffiBI? °B° c p Q crrx of ~ BaamRan~o for SOBRDCIPIaTPB 1. implemental Intonontion for 8ubrecipient As a suooessful applicant of the City of San Bernardino FY 1991/1992 C~aunity Development Block Grant (CDBG) Program, you are not only ags+eei»g to provide the services as stated in your application, but also to abide by the CDBG Program requiselments an3 r+espa~eibilities. 'lb further assist yw in urderetanding said z+equis+emants and responsibili- ties, the following s~muoaries and attachments have been prepared to introchice to ar update you an each item. Additionally, this instructional package will Ya~'9nJ ~Y ~~ted official to read and sign his/her signature as part o! the CDBG 2. ?ICnthly~:est for Rs~imbursemem Deadline: Due the fifth (5th) day after and of esah calendar month unless otherwise stated in the CDea agreement. © Include the follaaing: a) One (1) completed Request far ~t farm. bj One (1) Dopy of ~ c3leGcs issued that are being reimbursed. ~ c) One 1 ()Dopy of ~ bills/zeoeipts that suppoo.-t c3:ec]c(s) issued. d) One (1) Dopy of ~ payroll dieck(B) that are being reimtanaed. e) One (1) Dopy of ~ c3]eGc stubs, aoccxmtiag ledgers, an9/ar other doc~aoentatian that reflect gross salary and all dedwctians far each check(s) issued. f) One (1) page narrative describing activities iarlertaken during the month included far reimburs~oent. In response to its part of each agreement, the City agrees to pay all invoices within thirty (30) days after it receives the invoice provided the City is satisfied all expenses have been incurzed within the scope of the terms one~of t~.het CDBGipient oonti:m:es to c°aQly with processed within ten (10) days of receisame~) ~e Cily r+eeervea~ the right to defer processing o! invoices and withhold payments until all required reports, statements, arr~/ar certificates have been submitted and, where necessary, approved. lab:3025 -1- ~p pRO~ ,fig Rev. 6/11/91 B'isoal Year 1991/1992 EZBIBIi °C° C q q) All aocotimting retards and evidence pertainirm to all costs of each gubrecipient and all docamnn'?ts related to the CDBG agx+emnent shall ba retained and available far three (3) years following the oa:q~letion of the furY7ed program. h) Each subrecipient agrees to allow the City of San Bernardino Oaamurity Development Depal^tlnerrt to audit the fur:ded program as part of its annual audit of all CDBG Surds pursuant to fedezal regulations set forth in Title 24 of the Code of Federal Regulations. 3. r+a+orts/R..d^ort~*rg Ravairemente and Records/lteoord ReeoirrQ Reauiraments Sdsile staff realizes that report writing arxi record-keeping are nct the most desirable aspects of arty progrmn, it is one vehicle that provides a measure of program progress arri a~listments. Thus, all srrbrecipients participating in the CDBG Programs ~ to Provide the City of San Bernardino Develapnmrt Departarpsrt with written reports of its activities on ar before the tenth (10th) day of October, January, April and July of arty given program year for the previous three (3) month period in addition to a final report when the agreement terminates. All reports sha],1 include informatics on program activities, acc~listm~errts, new program informatics and wrrent progrmo~statistics on expenditures, case loads and activities of the reporting period. Each subrecipient is also required to maintain monthly reoozds of all ethnic and racial statistics of persons ar:d families assisted by its program(s) . This monthly reoorcl shall include data on the rswrber of low ~ arrl moderate irraane persass arxi households assisted, (as determined by federal irroame limits), number of female-hencled households, and safer of seniar citizens assisted. As m~errtioned earlier, each subz~ecipient is ~ r+equired to keep all aooo~mting seoozds ar:d evidence pertaining to all costs for three (3) yeazs following czal~letics of the Sailed Pr'ogY'~. ~ 4. Ouarteriy Reports I Deadlines: October 30 -for period covering July 1, to Beptamber 30, of program year. January 10 -for period covering Oobober 1, to Deo~bar 31, of program pear. April 10 - for period oovaribg Jam:asy 1, to March 31, of programs year. July 10 - for period o0varirrg April 1 to June 30, of program year. IrrclUde the followirrq: a) One (1) o®Pleted Activity Report (farm number 802). b) One (1) competed Direct Benefit Report (form number 045(a). lab:3025 -2- CaBd PRJ(RtTM ~ Rsv. 6/11/91 Fiscal Year 1993,/1992 C a c) One (1) ocapleted Contract and Slaboontract Activity Report (form Ct+ID 2506-006). (Far' oonstructian pmjeCts only.) It is the respa~sibility of the subrecipient to prepare and submit the required reports by the above stated deadlines in order to ]Deep City staff informed of any changes to the llmded prxpam(s) . 5. Prow Mraiitorina one of the Cfty's responsibilities is to monitar each subrecipient at least anoa a year. Nat only are the monitoring visits intended to ensure each agency's aantinued caaplianoe with CDBG requisemaztts, but also serve as an opportunity for City staff to become mare laiowledgeable of each agency's program(s) . Zlye mcnitoziz~g visits also serve as an oppar4u:ity to provide information to other City staff, the Mayan an3 Common Council and other interested persons. Listed below is typical informatlan City staff will be seeking, abservaticns that might be made, and items we may wish to review: a) use aoocnQlistnosnt(s) of the program(s) to data. b) iffietY~er ar not program iabjectives are being met. c) 'S'hat the intended client qra~ is being sewed. d) The number of people on staff. e) Rte existence affi maintenance of client files. f) Assistance City staff can provide. ® In addition to menitarirg eadi agency aayce a year, the City of San ~ Bernardino Development Department reserves the right to have its internal auditar conduct an ansite audit of the program as part of the its annual audit of all CDiBG ilu~ds pursuant to Federal Regulations. ~ Althct~ the terms "ma:itoring" and "audit" may appear same~ahat ~ fa~rmidable, please be assured that yes agency will be notified in advance of any reg:est far a monitarfng visit. Also, please be advised ~ that representatives from HUD monitar the CDBG prxltam suety year During Hi7D visit(s), they may wish to manitar one (1) ar more of the City's subrecipierrts. If yes agency should be selected, yw will be nr~tified in advance in order to arrange a mutually convenient time. 6. Proms Budget Another required elemnt of yes CDBG agreement with the City is the program budget. Please submit an updated line item budget reflecting your approved CDBG allocation. Also, include a Dopy of your overall program budget with a summary of your funding source(s) and the total agency budget. The CDBG portion of your fatal program ar agency budget should be identiliable. 7n Past yeah, several agencies have raised questions regarding minor budget modirireticns ar adjusbasnts. Staff realizes that the approved budget may require minor adjustments during the lire or the program std © st that you discuss prq~osed c3:anges with Deaelopmmzt Department lab:3025 -3- COBCi PAOf~AM ~ Rev. 6/11/91 Fiscal Year 1993,/1992 . ~ q ® Again, please be reminded that Capital arinn-experdable equipment is riot to be pun3~ased with CDBG P~u~ds. if you need to acquire such equipment, please discuss it with Developoent Depnr~ent staff. 7. a of p~rienrwl Prooertv or Hauirtnent (IL~d Ae..r~~ n13n of the Sd~ Agreement All tangible personal property having a useful life of more than one (1) year aryl an acquisition poet of three hurrlred dollars ($300.00) ar more per unit shall be subject to the requiranents of the Property Management Standards specified in 24 CFR, Part 85.32, "Conroon Rule". 9. Prboed,rrss a) All equipnent and property purchased in aocordarae with the above standards shall be identified as "Fiedeial Property-I~7D", (include your internal Identification Nunober). Identification may be achieved by ~3g~J ar' ~v~ the ProP~Y ar' bl' ~1' that will _ result in pr+opetty Identification Number being i y affixed. b) Maintain a separate r+ecDr+d of all such equipment and property. . Information shall include: Name/Description -Serial N~anber -Identification Number -Date Rrrctlased -Purchase Price ~andition (i.e., exoellerrt/good,/fait/poar) -Characteristics (i,e., Colar/featrn~ea, etc.) -Physical location (i.e., addzesa/olfice/l~xm, etc.) c) Submit an inventory listing to the City o! San Bernardino Development I by ~11v 10 ~ year erdirfa Jtime 30. Said listing is to be st>tmitted owing the erd of the year. 'life list should iralude all the information listed under itQau "b" above. d) A written regtfest mast be submitted to the City of San Bernardino Development D~artloerrt far ar?y approved purdfases that are rat in the ariginally approved budget (see agr+esmatft). Written authoriution nrs ~e obtained fry the Develapnent Department by subrecipi~rt priar to the purchase of arty equipment, whether ar not said equipment was included in the agency's anginal budget. e) Tt is the responsibility of the subr+ecipient to mat„rain and repair all property and equipment ptftt3~asad with CDBG Punds. It is also the respafsibility of the subrecipient to identify all purchased equipment and property with tags ar erfgxavirfg, and to supply same. 9. Fiscal Aoootmt~+~ •,,~ a„,~~t ,w,.....*atiamt ® The City of San BetTaniixfo Development Department requires eadf agency to observe and comply with all aooaufting rules aM audit procedures as set lab:3025 -4- ~p p g~,~g ReV. 6/11/91 B'iscal Year 1997,/1992 . `.J forth in the CMG agreement. 11~a following is a brief description of the ~,t pmt r~,i,-amA,rr~e; a) As a participant in the City of San Bernardino CD®G Program, each subrecipient agrees to keep all funds raoeived fry the City t~ Pray any other sources of ~nJ• b) Each subrecipient also agrees to keep records of all Funds received Fran the City of San Bernardino in aooordanoe with the prooeduxes set forth in the "Agr'eement Aooo~u~ting and admini~rrative Har~ook". A copy of the Harrmook i6 attached. 10. c~artificatiaa sad Assurance Attached is a Dopy of the Certification ctrl Assurattoe fozm to be prepared ctrl signed by the designated governing official(s) of the subrecipient agency. Ztsis doanoent is to be attached to the CDBG agreenrat sad sY~all beoaoe part of the governing i I lab:3025 -'`~- C~BG ~ Itev. 6/11/91 Fiscal Year 1991/1992 n~v~n~rr r~eARn~r as' ~ © ~ of sAN aDap "Cartificatiaa? and Aesuranoe" (TO Aoooa~any Co®3 llyreamant) I, (Name and Title of Off c ) of the (Name of Acyelxy/Orgaiiizatiaai) located at do hereby ma]se the following certification and assurance to aooc~any the oaaau~ity Development Block Grant Agreement between (name of za an) and the ty of San . a) Certify that the infaxmatlon booklet far CDBG Program z+equ.it+e~rts has been read and uTdetstoodl and b) Assure that the (name of Agetxy) will ocmQly with all as pulated herewith in the performance of the CDBG Agreement. Dated: (S of Of ) Dated: Development Department Repr+esenta vs lab:3025 Rev. 6/11/91 lab:3025 -6- CDBf3 PAOGRJIM RBQDIIO~PB Rev. 6/11/91 Fiscal Year 199/1992