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HomeMy WebLinkAboutR03-Economic Development Agency p ~ ® lr 1~Rt ooNaaseloN/oo~tca. ALTIGN Frrffi: KE~i J. Fri Subject: FY 1991/1992 C~f3 ALBtEBMBHP Executive Director BB1W8®i CiR7[ AND 8AN 8E1~ DII~A 807(8 AND ~I8 CLUB Date: June 11, 1991 (Program 718r~*;_~*¦tiom) Synopsis of Previous Oa®isaioo,/Oamcil/CO~ittea Aatiaa: Oat Febrva>yy 11, 1991, the Mayan ctrl Ornuooaa oau:cil approves and adopted the FY 1991/1992 CDBG Program Mix and autharized staff to solicit pmoposals far same. On May 6, 1991, the Mayor and Ootsrcsa Oouncil tools an acticn establishing May 20, 1991 at 3:00 p.m., far the date and time certain of the FY 1991/1992 CD®G Public Hearing. Cn May 20, 1991, the Mayan and Ccamon Ccaatacil reviewed reowmnetldatiotae submitted by the-O®nanity Developmett Department Citizen Advisory Cc®ittee and approved same far CMG futrliag assistaraog far Fiscal Year 1991/1992. Reooaatanded Motiaas: (Mawr and Caemon Caanaill RF.80LUTIQd OQp TBB MA710[t AMID COMt~T CO@ICII, O1+' TBE CITIt 07? BAN HE<iTAIIDII~A AUT9DRISIIxi AMID DIItBClII~Xi 7ffi E7®CUTDON OT' A CDMMDNITY DL~VE[IDPlB~TP H1ACR (~tANP FONDIIxi AiP HZ'11iJ3@i TBE CITY OO:+' BAN BEEZ)!81RDII~U AMID TBE BAN B~I~ BOY'S AND 0JZtI8 CIAB, II7C.~ (PPOC;SAM ADt~. Ar7ho t~ratar 14NHa,'1!i J. BELL ~i~ P.~oaau va Director Development Dap ast C~oQatact P~ereoaa: Ren I~e[sdersan/Ed Flares Phone: 5065: 5081 Project Area: All Pmiect Areas Ward(s) : _ All Wards Supporting Data Attached: Staff Reoart; Resolution; Aar+eetoent: Exhibits FUNDatG RDQ[JIIZII~37I'S: Amount: $ 20,000.00 Sauce: FY 91/92 CDBG IDC Budget Autharity: ooomtssiaa;/Cotmcil Notes: Q R7H:ELF:lab:4409 CObAD:88I0N AS;~ID21 Nesting Date: Jame 17, 1991 Age»da Item Nos 3 p Q San Barnardiia Hrnrs and (iirle Club FY 1991/1992 CDBf3 Anraeme~lt On May 20, 1991, the Mayor a~ 0®non Council oos'~ducted the FY 1991/1992 COiBG Public Hearing arsd awarded C®nmity Development Hlock GY'atit funds to certain public service, capital impxvv®oent and fair housing projects. Agree®etrts are now required to i~lement said projects. 4ha attacised Agreement between the City and San Bernardino Boys and Girls Club, Inc., includes a "scope of services" an8 "pmogram budget", referred to in the Agrt as F3dlibit6 "A" and "B", respectively. ~e E~ibits are incorporated by reference as though fully set Earth at length. Adoption of the attached Resolution by the Mayor and Ocamm Qotmcil authorizes and directs the Mayan to e>aecute the Agreement as described herein. I reoaimend adopticm of the attached Resolution. 10 J. BE!ffit~ L~~1, EKacu va rector Developme~ Dapar t a IQH:lab:4409 COMla88I0lT MaETII~10 !fasting Datss 06/17/91 - O 4 R~sursox o~ ~ xaYOae uro ooax~, am ~ crr~c o~ sax s~aio ® 1 2 aD~ISrxr~ ~ nzxscrrxa ~ o~ oaxxaa~rrsr aEVa~,a~r Broccs c~axr aa~nx~ oar e ~ arr~r oar sax BB<aa,ROn~o ~ ~ sax 3 BOYS ~ arcua cr.~, zxc., (raoc~t 4 ~ rr REeorvsD Bx ~ ts?mat x~ aots~ar aoaxcu. os ~ crrr oar sax as ~+oiwWa: 5 Beotiaa~ s. 6 (a) Zfie Mayor of the City of San Bexnardino ie hereby authorized arri 7 direcked to execute, an behalf oP the City, an agreemea~t far Commaiity 8 Development Block Giant funding with sax BOYS AND GIl2LS CCI7B. IrTC., 9 jProcn-am ~i~~~*~+tian). which agreemet?t is attac3~ed hereto as Exhibit "1", 10 ar~d is incorporated herein by referenda as thous fully eet forth at length. 11 ' Zile agreement provides far• the granting of Community Development Black Grant 12 funds in the following amount of $20.000.00. 13 section z. ~"''~ 14 V 15 (a) Zhe authorizatiais to execute the above refesenoad agre®ent is res- cinded if the parties to the agr+emnent fail to execute it within sixty (60) 16 17 Sixty days of the passage of this Resolutim. I HEREBY CERITFY that the foregoing resolution was duly adopted by the 18 19 Mayor and Coon Council of the City of San Bernardino at a 20 thereof, held on the _ day of 1991 by the follawi~ Vote, to wit: 21 //// 22 //// //// 23 /// //// 24 //// //// 25 //// //// 26 //// ® //// 27 //// 28 lab:3961 Rev. 6/11/91 -1- Br~orvrlaa aa~ ~ clTSr a~ sAN B~IDap Avmo a~ B~rIaN ~ A CDBCi ALStSBtS:NP BERWE@i CITY AMID @1N IIU BOYS AMID ciao CLUB (Program '~{+++~~tiaa?) . ® 2 3 ~ 1~ ES'IRP,LIA _ 4 REIId,Y _ 5 c~z _ _ _ 6 rmvc~sl~sr 7 r~ - 8 - po~-ltm~~rt _ _ _ 9 I+aLiFlt _ 10 it 12 ty Clerk 13 p 14 ~ foregoi~ Resolutica~ is hezpby aPPmwed this _ day of . 15 1991. 16 17 18 w.R. BQracr~, l~yar City of san Bernardino 19 APF~+'ad as to farm aryl legal content: 20 aAr~s r. P~rmrr, 21 city Attorney 22 By: ?1Z! 23 24 25 26 27 28 lab:3961 Itev. 6/11/91 -2- . p 1lgRBB~)~13T ® 2 THIS ACdiEFSffi1P is entered into affective as of this _ day of 3 1991, at San earrlardirlo, Califa2nia, between the CITY OF SAN 4 a municipal ooxporaticn, referzed to a8 "City", and SAN 5 ~II4TtD~lO BOYS AND GIRIS CIIIH. Ili.. a no¢rFarofit oammunity eervioE 6 organization, referred to as "Subrecipient°. City and Subrecipient agree as 7 follows: 8 i. Recitals. 9 (a) Subrecipient has requested financial assistance fry City far 10 fiscal year 1991/1992 ft~ ftu~ds available thraugtr the OoasRa:ity Development 11 Block Grant Program from the United states of America to City. 12 (b) Subrecipient represents that the ercpmrditures autharized by this 13 ® Agreement are far the admi~~~rati~± of pmo~a~mmis which bmvir~ sauce iii 14 a*3 emolovment trai*+1ra ar+~ vau*?+ a ties far L,~r Drivi ~ seed i ~ dren 15 whic3i are valid and eligible community development purposes, as defined in 16 CFR Part 570 in accordance with federal law and regulations, acrd that all 17 funds granted under this Agresooent will be used far no purpose ether then 18 those purposes specifically authorized. ~e specific guposes aryl scope of 19 services of this particular grant are set forth in E~ibit "A°, attached 20 hereto and inoorparated into this Agreement as though fully set forth herein. 21 (c) Subrecipierrt will comply with applicable uni.farm ~{*+i~**Ative 22 requirements, as described in 24 CFR, Pant 570.502. 23 (d) Subrecipient will carry out each activity, program arr~/ar project 24 in aomplianoe with all federal laws aryl regulations as set forth in 24 CFR, 25 Pert 570, with the following erooeptiona, (i) the Strbrecipie¢rt does not assume 26 ® the errvirrr~eartal responsibilities of the Grantee as described in 24 CFR, 27 Part 570.604, and; (ii) the Svbzecipient does nvt assume the Grantee's 28 1ab:4408 Rev. 6/11/91 -1- EffiBIi "]° . p 4~ ® 1 responsibilities far initiating the review process user FSa3cutive Order 2 Nlnnber 12372. g (e) SZsbrecipimit will comply with the req~+i*+~*+}s set forth in the 4 Uniform Relocation Assistance and Real Property Acquisition Policy Act of 5 1970, as ame~ed, (SAZA), 49 CFR, Part 24 in aooordanoe with federal g regulations when attempting to ar aoquirin7 any building ar parcel of land. 7 svbrecipient will be required to obtain written approval frrm the Festive g Directar of the Development Department priar to any activity taking place 9 within the canfisles of URA 49 CFR, Part 24, as amended. 10 ~ • Pavmas?ts. 11 ~tY shall reimEurse Subr~acipient far allowable costs inasrx+ed urxier 12 the scope of this Agr+eeooent and applicable Federal regulations, which have 13 not been paid far ar reimb<used in any other manner by any other Agency ar © 14 Pete of funding. Reimbur~nent will be made at least on a monthly 15 the total of all such reimburaemants not to e~aoeea S20.000.00. 16 3• 17 This shall amaoetne July 1. 1991, and terminate J1u~e 30, 18 1992. 19 4. IIse of Fundes Budget: Travel Ltmitatiam. 20 (a) ~e funds pnid to b~brecipient shall be used by it solely far 21 the purposes set frith in Paragraph 1(b) of this Agreement, and in aooordanoe ~ with the program budget submitted by Subrecipient to the City of San Bernar- 23 ding Oomnauiity Development Department, a Dopy of which is attac3~ed to this 24 as Eydiibit °B". dais budget shall list all ewroes of TxJ far 25 the pr'og~ covered by this Agreemm'st, whether fine State, Federal, local ar 26 private sources, anti shall idetrtify which sources are paying for which speci- e 27 fit portions of the program, by line-1tma, to the extent practicable. 28 lab:4408 Rev. 6/11/91 -2- . p (b) No travel far aut-of-stets travel shall be included in this program unless specifically listed in the budget as Bukaaitted and ap- ® 1 t p~~+wed, and all travel epees to be 11aYled fx~ Rar]s prcwided h~ere~a~der 3 shall be specifically identified as travel expense, whidi shall be negotiated 4 between the City of San Bernardino Development Departaw:t and Subrecipient in 5 the budget. Any travel expenses inctisrred bi' S1:br+ecipient above the budgeted 6 aaocxmt ar far out-of-state travel shall not be eligible far zeimtxnt 7 unless the priar written approval of the Ewecutive Director of Development 8 Department of the City of San Bernardino, ar designee, has been obtained. 9 (c) F1uds shall be used far purposes autharized by the Commmity 10 Development Block Grant_Program only, and no portion of the !rods granted 11 hereby shall be used far any purpose not specifically authorized by this 12 13 (d) Only net payroll shall be periadi~lly reimb~used by City as an ® 14 allowable oust. Any amounts withheld by Subrecipient fmm an employee's pay 15 far ta~aes, social security, ar other withholding a:d not immediately paid 16 over to another entity, shall not ba included as wages ar expanses eligible 17 far reimlxusement as an allowable cost until such time ae the withheld taxes, 18 social sec~sity, ar other withholdings are actually paid over to another 19 entity entitled to such payment. Upm suds payment and the submission of 20 evidence of such payment to the City of San ~r*+=+**a;*+~+ Development 21 Development Deparbment, such expenses shall be regarded as an allowable cost, 22 and the City shell reimburse bvbrecipient far such obligation. 23 (e) Subrecipient shall be allowed, with the priar written approval 24 of the Development Department of the City of San Bernardino, to make ~ to the budget during the first three 3 quarters of the fiscal year, so laa~g 26 as Subrecipient is in compliance with Section "2" of this Agreement at the 27 time of submission of the budget modification request. A variation in the 28 lab:4408 Rev. 6/11/91 -3- p O ® 1 itemization of oasts, as set forth in the p2q~osed budget submitted to City, 2 not to exoaed ten percent (lo$) as to arty particular line item, shall be 3 a11o4red, provided that the priar written appxwal of the Executive Dixector ¢ of the Development Development of the City of San Bernardisyo is obtained, it 5 being wxlerstood that the fatal amount of the great shall not be varied 6 Y• 7 (f) The parties intend that grant $u~cls be utilized within the time 8 period covered by this Ags+eaoent, and entitlement to any furx9s not expended g ar obligated shall revert to the City. No reserve far the future shall be 10 established with the funds except ae may be authar'ized to meet commitments 11 made far services provided during the period of this Agreement, but not yet 12 paid far at the conclusion of this Agreement. 13 (g) SubreciPierrt shall remain in compliance with all state, federal ® 14 and la~l laws p2~ior to the receipt of any reimbuxseoent hereuxiex. This 15 ~~, but ~ rxrt limited to, ell laws and regulations relative to the 16 farm of arganization, local business licenses and any laws and regulations 17 to the business and activity carried out by Subrecipi~t. ReimbcLYSe- 18 melt shall not be made to b~bx+ecipient whic3i is not operating in c~lianoe lg with all applicable lams. Reimbuxsenents may be subsequently paid, at the 20 disaretion of the Exacutiva Dir+ec-tar of the Development Department far 21 ~ costs incmz+ed during the period when oompliarr~e is achieved ~ before expiration of this Agreement. 23 s. og; audit. 24 (a) Priar to the final payment under this Agreement, and at such 25 other times as may be requested by the Executive Director of the Development 26 of the City of San Beznazdim, Svbrecipient shall submit to the ® 27 Direc:tar an aooamting of the pmopoeed and actual expenditures of all 28 lab:4408 Rev. 6/11/91 -4- . p O reverntes fnm whatever source accruing to the organizaticat far the fiscal 1 year ending Jtiu1e 30, 1992. 2 (b) Finatlcial records shall be ygi.rr.{*+~ by Svbrecipiettt in aooorti- 3 sacs with Generally Accepted Aoouutting Principles, std in a manner which 4 permits City to trace the expetditures of fords to sauroe docam~entaticn. All 5 books std records of svbrecipient are to be ]rapt open far inspection at any 6 time during the business day by the City, its officers ar agents, and by any 7 r+epmesmttative of the United States of America autharized to audit oommimity 8 development block grant programs. 9 (c) Standards far f~,,,.mi,~t yet systems std finatx+i~t report 10 - ittg rrequiz~attts established by 24 CPR, Parts 85.20 std 85.22 shall be fully 11 oamplied with by subrecipient. Subrecipient acJmowledges that the fiords 12 prt~vided are federal fords. 13 (d) bvbr+ecipierrt's tinancial management system shall provide far ® 14 accurate, rarr2+ettt std complete disclosure of the fi*+¦*ri¦~ results of each 15 spaneorad by this Agreemexst. It is the raspar~sibility of Subreci- pr'~Jr~ 16 pimit to adequately safeguard all assets of the program, std bltta^ecipient 17 shall assure that they are used solely for auth~orfzed purposes. 18 6. pas A~"~ ~ able to Rasidaarta s MorlitorirKt and Reoorti*Q Pzoaram 19 Petfosm~. 20 ZYae of SUbxecipient shall be made available to residents std 21 inhabitants of the City of San unless otherwise rtoR'.ed in F~ibit 22 "A". No person shall be denied service because of race, polar, national ari- 23 gin, creed, sex, merits]. status, ar physical handicap. Subrecipient shall 24 comply with Affirne?tive Acticai guidelitt~ in its eaq~loyment practices. subre- 25 cipieart shall also monitar the program's activities and subtait written re- 26 ports quarterly, ar moms oi'ten if requested, to the P~reartive Direrstar of the ® 27 Development Department of the City of San Bernardino, in aooortiiartoe with 24 28 lab:4408 Rev. 6/11/91 -5- a ® ] CFR, Pert 85.41(c)(d) std Part 85.21. Failure to provide suc]t quarterly 2 perfarmarloe t+epo~'ta may P~'~ the Pr'~s~J bi' City of btllu~ecipient' e 3 r+equeste far reimbi.>reement, and may justify tertporary withholding as provided 4 far Sri Paragraph "11" har+eof. City reserves the right to waive et1C31 breach, 5 without prejudice to arty other of its rights her+eurlder, uparl a finding by the g F~aecutive Directar~ of the Development Department that such failure was dine to 7 extraordinary ciraaostazloes a11d that such breac3l has been timely cared g without prejudice to the City. 9 ~, o....ti„,.~."* pre..r~oes• Oonflict of mt~^~*- 10 511brecipietlt shall arral~ly with procau+ement procedures std guidelines 11 established by 24 CFR, Part 85.36 (d) (1), S~1bs+ecipietlt "PYOCUr>°alent 12 • ITS ~ ~ the specific r+equiremerlts of 24 CFR, Pert 85, 13 Svbrecipient shall ~i*+tai* a Dods ar standards of oo~xhx.Vt which shall govern /~?R 14 the perfarm~ of its officers, mgloyees or agents in oontraoting with std ~I 15 eocpeQding the federal grant Bade made available to Subzecipient order this 16 St1112+ecipietlt's officers, employees ar agents shall neither solicit 17 ~' gratuities, favars, ar anything of monetary value Pram oaltsactars 18 ar potential 00[ttraCtOr73. 1b the extent ~'i ~sah1 B by statB laW, rules, 81'14 19 ragu].aticns, the standards adopted by Subrecipient shall provide far 20 Penalties, Mats ar ottlar disciplinary actions to be applied far 21 violations of such struldards by either the bvbrecipient's officers, employees ~ ar agetlts, ar by ~ ar their agents. S1ltmeoipient shall provide a 23 copy of the Dods ar statldaxds adopted to City forthwith. All procuratnerlt 24 transactials without regard to dollar value shall be catdu~cted in a manner so 25 ~ ~ P~~ maxitamm open and free calgletiticn. 'ltle Subrecipient st1a11 be 26 alert to organizational conflicts of interest arnon-competitive practices ® 27 amoalg amtsa~ctors which may restrict ar elimirlnte ca~eti~tion ar otherwise 28 1ab:aaoa Rev. 6/11/91 -6- restrain trade. subzacipient agrees to ac~are to conflict of interest provisions set forth in 24 CFR Section 570.611 aryl to the porocur+eaertt rules ® 1 2 specified in 24 CFR, Part 85.36, in its expPS:diture of all Rrnas received 3 urde~r this Agreement. 4 e. *•,*-{-Kia*. eaa* Travis;cores 8wa1 Hiulavment oaoortrmity. 5 Au contracts far cot:stnycticn ar repair using 11u:ds p2wided under 6 this Agreeem~tt shall include a pxovisian far ~linnoe with the Copeltud 7 "Anti-Kick Back" ACt (18.U.S.C. 874) as suppiemented in Department of Labor 8 Regulaticrs (29 CFR, Part 3). ails Act provides that each contractor ar 9 subgrantee shah be prt+hibited from irxfircirg, by arty moans, arry parson em- 10 played in the oonstntcticn, cc~letirn ar repair of public wank, to give up 11 any part of the neaticn to which he/she is otherwise etrtitled. Subreci- 12 p~ shall report ail suspected ar reported violations to City. Ali oon- 13 tracts in excess of $10, coo. oo entered into by sutuacipiertt using floras 14 prwisea under this Agreametrt shall curtain a p2vvisiai requiring ocmpliatne 15 ~i H:ploYaent Opporhutity paovisia~s establishes try ESoacutive 0tdez 16 ttumbar 11246, as amended. 17 9. Ptavaiiiaa 1~te teeauirem~nt. 18 Any oa~retiorr ootttsacts awarded by Subxecipiartt using fiords 19 provided under this Agreement in exoaes of 52,000.00 shall i++nlude a pxwi- 20 sign far ~iiatfce with file Davis-Hagan AG:t (40 U.S.C. 276(x) tv 276(x)(7)) 21 and as supplemertted by Depnrbmettt of Labor Regulatiarrs (29 CPR) . ZA~der' this ~ Act, eorrtractor.•s shall be required to pay wages to labamere std mechanics at ~ a rate not less than the minimsm wages specified in a wage determination mane 24 by the Secretarq of Inbor. In adsitian, ccertractars stall be required to pay 25 wages rnt less often flan erne a week. bvbx+acipient ehail place a copy of 26 tta cutzent Pr'~l~ determiratian issued by the Depnrbaetrt of Labor Q 27 in each solicitation aryl the award of a contract stall be carditioned upon 28 lab:4408 Rev. 6/11/91 -7- 1 the aooeptatne of the wage determination. Stibz~ecipient shall report all sus- ® 2 pectecl or reported violations to City. 3 10. ~TM*~~ of City of env Char~aess IIse of Pmaran moans. . 4 (a) City hereby requires Svbrecipient to notify the City, in writing, 5 of its intent to ~ a fee for any service, the provision of vd:ich is 6 assisted pw.BUant to this Agre®nent. City requires Subrecipient to obtain ~ the prior written approval of City far any charges ar fees to be charged by 8 Subrecipient far such services, aryl of any rules and regulations governing 9 the provisic~ of services heretiaxier. 10 (b) Program inocme reiu+esents gross inocee received by the it btibrecipient directly generated frtm the use of fords provided h~eraaudes. - 12 Stich earnings include interest earned ce advances and may irrlu3e, tut will 13 not be limited to, irncme Eton service fees, sale oP oa®oodities, usage and ® 14 rental fees far real ar personal pragesty using the funds provided by this 15 Agreement. As to such inoaoe, it shall be first applied to eligible program 16 activities, befome requests far reimbursement and, in the use, shall be 17 subject to all applicable provisions of this Agreement. Inocme not eo 18 applies shall be remitted to City. Stibrecipient shall remit all unspent 19 progrmn insane to the City within thirty (30) days subsequent to the erd of 20 the program year' (June 30, 1992). 21 ii. ~gorarv Ifithholdim. 22 R4~e E~wtive Director of the Development Depar'tsent of the City of 23 ran Bernardino is autharized to teaQorarily withhold the payment of fords to 24 Stibr+ecipient i the Director determines that any violation of this 25 Agr+eemetrt has aoctuz+ed. FUnds shall be withheld until the violation is 26 oar'racted to the satisfaction of the F:ceaitive Direc~tar~. blrbmecipient shall © 27 have the right to appeal the decision of the Fsoecutive Directar to the Mayor 28 1ab:4408 Rev. 6/11j91 -8- p affi Cyan Oamcil. The sole grotads far such appeal shall be that no violation of the Agreement has oxvtix+ed. svbzecipient shall file such appeal © 1 2 within fifteen (15) days after such first withholding. 'IIie Mayor aryl OCmoon 3 Oaurcil shall set a date far the hearing of such appeal which is within 4 thirty (30) days following the date of filing. 5 12. Rsoords Retention. 6 Financial records, a~portirg documents, stati.sti~l reoorda, ani all 7 other records pA,+.iri ~ to the use of the Raids pawided urYler this Agree- 8 went shall be retained by Subrecipient far a period of three (3) years, at a 9 miniman, and in the event of litigation, claim ar audit, the reoarde shall be ~ 10 retained until all litigation, claims and audit findings involving the re- il cords, have been Rally resolved. Records far non-expendable property acqui- 12 red with federal fluids p2wided under this Agreement shall be retained far j 13 three (3) years after the final disposition of such property. j Q 14 i 33. Property Mamaamer?t 8tsndards. 15 Nora-experr]able persaral property, far the purposes of this Agreement, 16 tarngible P~'~ P~P~Y, Pumrased in whole ar in part with 17 federal Ruxla, which has useful life of mare than arse (1) year atYi an aoqui- 18 sitian cost ~ ~ ($1,000.00) ar mares per unit. Real 19 P~P~Y land, inrludirg land improvements, stnretur+es aryl appusten- 20 arrow thereto, excluding movable machinery ar:d equipment. Non-expendable 21 Perms P~p~tY arrd real P~P~Y ParT~~ with ar ingroved by funds pro- 22 vided under this Agreement shall be subject to the property maragennenrt stan- 23 dazds set forth in 24 CfR, Part 85.32. 24 14. Trion for Cause. 25 (a) City reserves the riot to terminate this Agreement in aoooxdanoe 26 with 24 CFR, Part 85.43, aryl army acrd all grants and futrme payments undue ® 27 this Agreement, in whole ar in part, at any time before the date of 28 lab:4408 Rev. 6/11/91 -9- 1 aagletian of this Agremoer:t whenever City determines that the Subrecipiern Q 2 hoe materially failed to oa~ly with the teams arri oonaiti«~,s of this 3 ag:.~:t. xn the evern seers to terminate this Bgxeament far cause, city 4 shall proagtly notify the svbrecipiern in writing of the proposed termination 5 and the reasoa~s therefore, together with the prroposed effective date. Subr+ec- g ipient shall be given an apporttmity to appear befar+e the Mnyar and Common 7 Council at the time at which the Mayor aryl Oommon Camcil are to consider g such reo®erded termination, and shall be given a reasonable opporttasity to g show mouse why, if any exists, the Agreement should not be terminated far 10 cause. upon determination by the Mayan aryl Common Council that the contract 11 should be terminated fad' cause, notice thereof, including reasons far the - 12 determination, shall p~x~ptly be mailed to the St:brecipiern, together with 13 information as to the affective date of the termination. S~u3: notice may be © 14 given orally at that hearing. TS:e determination of the Mayor aryl Common 15 as to cause shall ba final. 16 (b) in the event of any termination whether far Musa ar far 17 ~~, b~brecipient sha11 fartlxaith provide to the Development Deparbm- 18 ent any and all docmmentatim needed by the Developmern Department to lg establish a Aill record of all monies reoaived by subrecipiern affi to docaaoe- 20 rn the uses of same. 21 T~timtion for oonvenianoe. 22 city ar sUbrecipiern may terminate this Agreement in whole ar in part 23 both age that the oontinuaticn of the project would not 24 p beneficial results o®meneurate with further expenditure of funds. In 25 s~ event, the parties shall agree upon the termiration ooa:ditians, 26 eluding the effective date and, in the case of parkial terminations, the 27 ~ to be termirated. The Svbrecipiern shall not inwr now obligations 28 lab:aaos l~v. 6/11/91 -1o- far the terminated portion after the effective date affi shall carnal as many 2 artstandirxj obligations as possible. City shall allow subrecipient full ® 1 credit far the City's share of the na?-cancellable abligatia~s abligaticns 3 4 properly incwrred by the Subxecipient priar to terminatiar. 16. Revaraiam of Assets. 5 6 Subrecipimit agrees that upon expiration of this Agreement, the Subrecipierrt shall transfer to the City any and all CD®G funds not used at 7 the time of expiration affi any nooaurts receivable attributable to the use of 8 9 CD®G fords. Slrbrecipietrt agrees that any real property order its control, 10 ~ ar iasmcved, in whole ar in part, with CDBG fords in excess of $500.00 shall either, (i) be used to meet one (1) of the three (3) 1] - j national objectives as set forth in 24 CFR, Part 570.208 until five (5) years 12 ~ after expiration of the Agreement ar such period of time as datereinsd appro- 13 priate by the City, ar; (ii) ie disposed of in a manner which results in the 14 City being TnimH,ranr9 in the amount of the Curterrt fair marlost value of the 15 pznpalty leas any portion thereof attributable to expenditure of, ar 16 ~ the P~P~'tY by Swbr+eciPienit. such reimbuxaeme:rt is not 17 required after the period of time specified in "i" above. 18 17. Hole Harmless. 19 Svbrecipient agrees to indem<rity, save and hold harmless the City and 20 the Development Department and their employees and agents fry all 21 liabilities and charges, expersses (irrludirrg cotmsel fees) , suits ar losses, 22 however occurring, ar damages, arising ar growing out of the use of ar 23 receipt of fords paid under this Agreeme¢~t and all apexatiana order this 24 A9nesment• Payments under this Agreemayt are made with the ruiderstatdfrrg 25 that the City and the Development Department are not inwlved in the 26 perforaarne of services ar other activities of the Subrecipient. Sutuecipient 27 and its employees and agents are independent oontractars and not employees ar 28 lab:4408 Itev. 6/11/91 -11- o ® 1 agents of City and the Development Departmerst. 2 18. $ his Agreement may be amended ar modified only by written agreement 4 signed by both parties, and failure a: the part of either party to enforce 5 any provisia¢: of this Agreement shall not be oar:strued as a waiver of the g riot to acag:el enforoeaoent of any provision ar provisions. 7 19. Assist. 8 Zhis Agreement shall not be assigned by Svb~ecipiemt without the 9 Pr'iar' written oc~sent of City. 10 20. Dbtioas. 11 All herein required shall be in writing and delivered in - ~ 12 P~ ar sent certified mail, postage prepaid, addx+essed as follows: 13 ~ ~ atY~ As to eubreaipients ® 14 E:aecutivs Director Jerry Herrr]on, PSoecutive Diractar' 15 Devela~oerst Depaz'haent son Bezaaxrlino Says & Girls Club City Hall, Fifth Floor 1180 West 9th Street 16 300 North "D" Street San BarrlaxdinD, Calif. 92411 son Bernardino, Calif. 92418 17 21. L'yideaos o! Aut*~+~ tv. 18 Subrecipient. shall provide to City evidence in the farm of a 19 certified Dopy o! minutes of the cpverni~ body of Subxecipient, ar otY:er 20 adequate proof, that this Agreement has been approved in all its detail by 21 the governing body of the S~+ecipient, that the petisoa:(s) executing it are ~ autharized to act on behalf of Subrecipient, and that this Agreement is a ~ bitx3ing obligatiar an b~br+ecipient. 24 22. 9artification of Asaurenae. 25 Svbrecipimit shall comply with the program z+equiranarns attached 26 hereto ~ Exfiibit °C"', whic3i are incorporated by reference as though fully ® 27 set forth at 1 ength and made a part of this Agreement by execution of all 28 lab:4408 Rev. 6/11/91 -12. - O 4 ® 1 certifications and assurances of the CLOG pwgram. 2 23. ffitis+e ]wraement. 3 This Agreement and any doamient ar inatruooent attad~ed hereto ar 4 referred to herein integrates all terms and oonditians mentioned herein ar 5 inciderttsl hereto, and supersedes all negotiations attd p2~iar writing in 6 respect to the subject matter hereof. In the event of oo<tflict between the 7 terms, oan<ittians ar pmovisians of this Agreement, and any such doca~ent ar 8 instrtm,mit, the terms ctrl conditions of this Agreemest shall prevail. 9 24. l~lo Third Fart Beneficiaries. 10 No third party shall be deemed to have atty rights hereta~det against 11 ar?y of the parties hereto as a result of this Agreement. - 12 //// 13 //// ® 14 //// 15 //// I6 //// 17 //// 18 //// 19 //// 20 //// 21 //// 22 //// 23 //// 24 //// 25 //// 26 //// ® 27 //// 28 lab:aaos Rev. 6/11/91 -~- ' FY 1991/1992 ~ ]K$a;H~Tl' SE171ffi~i CITY 711 8AN BOIIS ]1ZID ~8 CGS 71~IIBRZmTI~OI~i ® 1 2 IN WPII~IESB i+ff~RBDF, the parties hereto have exacuted this Agzeement on g the say arri year first hereinahove written. 4 5 ATl~sx: crr~c aar ~?x ~ 6 Bsc: 7 CITY CGII2IC W.R. H1DIlXNID, Mayor City of San Bernardino 8 9 so~csr~r 10 App2wed as to farm and BY: 11 legal canYent: Pros - 12 Jl~l+II+.S F. PF?S~41N, BY• 13 sty Attorney Searetaty ® 14 15 16 17 18 19 20 21 22 23 24 25 26 Q 27 28 lab:4408 Rev. 6/11/91 -14- F~nECT~ACTI~TITY DES~1_SFTIOZ,T s ~' ~,,f f SCOPE OF SERVICES Program Services Objective: The expansion of the scope of program services to the San Bernardino communities, particulazly those County areas bordering the City of San Bernardino. Program services to be provided include Education, Employment, Camping, Physical Recreation, Social Recreation, Tonth Development and Community Services. These services will be offered to children 6-17 years and their families at liWe or no cost. Educational Services offered include tutorial and supplehnentai education components for elementary through high school and transition into college or vocational training. Employment opportunities aze set forth to teach our youth what it means to be employed and earn a good living for their family . Children f+-14 years are exposed to responsibility L'~rough job Club activities such as, flyer distribution, neighborhood ® beautification, fast food sales from Boys Club kitchen and parking lot thrift sales. We also, have counselors/counseling to assist in our Work Program. These Counselors help teens prepaze for interviews, assist in finding jobs, getting teens to and from interviews. The Camping, Physical Recreation programming provides a variety of activities for the well rounded development of our youth. Opportunities include swimming, basketball, flag football, racquetball, tennis, karate, gamesroorri tournaments, campouts, excursions and Day Camp activities. Social Recreation and Community Service aspecs of programming serve youth of ail ages and tYieir family members by providing emergency rood sLpplies, free meals and wholesome farruly activities. Youth Development is an important aspect of the boys and Girls Club programs. Counselors work directly with 'at risk' youth to provide guidance counseling sennices, direction and positive channels for behavior. ?.rts and Crafts, Modeling and Crackdo~+•n are just three of the program elements offered to assist counselors in building self-esteem, talents and a ® sense of self -worth in these 'at risk" youth' asazsir °e° ~~p 4 Pare -3- ® O. Proposed Proieat BudQSt (Please Oo~lete ~lioable Items Onlvf a) 1~Lninistratian Salaries aril FYirge Benefits: g 20 , 000 Supplies: $ 0 Professional Services: $ 0 Travel/Oociferenoe~s/Smoir:nrs: S 0 Utilities: S 0 S o Office Dquigoent: $ 0 Other: $ 0 b) Oansttlycticn $ 0 c) IIx7lneerirrcJ aryl Desicyl $ 0 d) Land acquisition $ 0 - !j Ret ~ilitatiorr~Activities $ 0 q) other: - $ o . ibtal Projsat Oost: $ 20 , 000 (F1ar' oa~atzuctian, etrgirraerirrg and desicyl, land acquisition and rehabilitation activities only.) N/A Egtimatar's Qua( h) Identify other fa~dim sarroea: Iderrtily o~itmsrrb ar applica- tims far fords tram akher samoas to iapl®mlt this activity. If other fords haw been approved, attedr eviderr~a ~ oamaitmarlt. BoS~~oe of !lards ~ Arrowhead United Way $94,000 Unknown s 3''r,~0--- ~frrh~raaTr- $ 7'0'; 0'0'x- Garr-- Was this project previously forded with CDBG fords? Yes R No If YES, indicate the year(s) in whirl: CL~BG fords wets zeoeived and the granting entity: 1989 City of San Bernardino Community Development Department j) I! you haw never received rnBG 11a~ding, praaride evidence of any dd~iticnalif~neoessasYl N / Aly ra~dsd pxvgrems (ues ffiIBIi "B" p © for 80BRSCIPTIIIPS i. R+~latoaa:tal Information for Subsecioient As a successful applicant of the City of San Hernaniino FY 1991/1992 Camau:ity I)evelcpnent Block Grant jCDBG) Program, yw are not only agreeing to pr+cvide the services as stated in your application, but also to abide by the CDBG Program requir+emettts and responsibilities. Rb further assist you in ta~desstandit:q said r+equir®ent8 attd respa:tsibili- ties, the following ~+~+*-ies and attadm~tta have been prepared to intrcduoe tro ar update you on each it®. Additiavslly, this ir~attuctianal package will 1^~~ Yom' ~ ~Y official to rend ctrl sign h1s/her signature as part of the CDBG agreement. 2. Monthl~ReTtest for Reimbiuednm:t Deadlitse: Due the fifth (Stl1) day after a¢~d of each oalaeldar month unless otherwise stated in the CDBCi agreement. ® Include the following: a) Ono (1) completed Request for Rsimburemamt form. b) One (1) ocpy of g],l, cd~ecks issued that ass being reitduroed. c) One (1) copy of ~ bills/receipts that suppo2t check(s) issued. d) One (1) Dopy of ~ payroll c3teck(s) that are being reimbursed. e) One (1) copy of ;],], deck stubs, aocaaiting ledgers. and/ar other docaaoentat,iai that reflect gross salary and all deductions far eac3i check(s) issued. f) One (1) page narrative describing activities >ar]ertalcett during the month included for reimbursmeeatt. m zesponae to its part of eac3s agreement, the City agrees to pay all invoices within thirty (30) days after it reoeivea the invoice provided the City is satisfied all expenses have been incurred within the scope of the executed agreement and that the subrecipient continues to comply with the tet~ps and oonciitions of the C~BG agremm3ttt. (C,enexally, iracioes are prnoessed within ten (10) days of receipt of soma.) ~e City reserves the riot to defer processing of ittvoioes std withhold paymaa:ts anti]. all ® required reports, statements, atx4/ox~ certificates have been sut~oitted and, where neoessalyr aPP• 18b:3025 -1_ CGBO PA001O1![ ~ Rev. 6/11/91 Fiscal Year 199/1992 ~Iarr "c" p O g) All aocauttitg records std evidence pertainitg to all costs of each Q subrecipient and all doc~naettts related to the CDBG agremnent shall be retained std available for three (3) years following the caogletion of the Rustled program. h) Each subrecipietst agrees to allay the City of San Bernardino Comrmsnity Development Departa~st to audit the funded program as part of its arsnual audit of all CDBG lands putstsant to federal regulations set forth in Title 24 of the Code of Federal Regulations. 3. ~orta/Reoortina Recuirementa and Records/lteaotd 14eaoissv Rerntiraments idsile staff realizes that report writing and record-keeping are nsot the most desit:able aspects of any program, it is one vehicle that pr+avides a measure of program progress std aoocagsl{+~s+^~^*n. Thus, all subrecipiersts participntirg in the CD®G F2rogx'am ~ to p~zwide the City of San Bertsarditso Developmett Departmet?t with written reports of its activities on ar before the tenth (10th) day of October, January, April and July of any given program year far the previous three (3) month period in addition to a final report when the agrams~etst terminates. All repa2ts shall include inforAatian on program activities, aooo~].istmwssts, - nsew program information std casrretst program statistics on expenditures, case loads std activities of the reporting period. Eadr subrecipient is also required to maitstain motst2sly records of all ethnic and racial statistics of persons and families assisted by its ® program(s). Ztsis monthly reootd shall include data on the camber of law and moderate ittoane persons and households assisted, (ae determined by federal insoosoe limits) , nsumber of fmanle-headed households, and naamber of seniar citizens assisted. As merstia'sed earlier, eac3s subrecipient is required to keep all aooaurtirrg raoozds std evidence pertaining to all costs far three (3) years following caipleticn of the lunsded pzvgram. 4. ouartarly Deadliness October 10 -- for period aweritg Jule 1, to septamber 30, of program year. January 10 -for period oovati,lsq Oo'Eober 1, to December 31, of program year. llpril 10 -- for period covering January 1, to Marsh 31, of 1 Y~• July 10 - for period ooverltg April 1 to June 30, of program Y~• Tx.lude the fOllawitg: a) One {i) oca~sleted Activity Repoot (farm ttumber 802). b) Case (1) crn¢~eted Direct Benefit FOepoat (form tam~ber 045(a). lab:3025 -2- C1JB0 PRO(OySM RBQIIB Rev. 6/11/91 Fiscal Yaar 1991/1992 p c) One (i) oa~leted Oontract std Suboarttract Activity Report (form OMB 2506-006). (Far wr~tswCtion projects only.) It is the responsibility of the subrecipiettt to prepare and sutmit the required reparts by the above stated deadlines in as~der to keep City staff informed o! any to the iltr~ded prograan(s) . 5. ?bnitor3tlQ One of the City's responsibilities is to monitar each subrecipient at least ocoe a year. Not only are the monitoring visits intended to ensure each agency's cant~nued aa~lianoe with CD®G z+equiz+ements, but also serve as an opportunity far City staff to beoctae more knowledgeable of each agency's program(s). The monitaritg visits also servo as an opportiutity to provide infarmatian to other City staff, the Mayor and Casnon Council acid other interested persons. Listed below is typical information City staff will be seeking, observations that might be made, ani itetas we may wish to review: a) The a~lislmpstt(s) o_f the progruu(B) to data. b) ~d~ether ar not program objectives are being met. c) That the intended client group fs being served. d) TYte tALlOber' of people On staff. e) TY,e existence std mainter>atre of client files. f) Assistar?oe City staff can provide. In addition to monitaritg each agency acne a year, the City of San Bernardino Developoent Dapardops~t reserves the right to have its internal auditar aotziuct an ansite audit of the program as part of the its annual audit of all CDBG Atnds pursuant tv Federal Regulations. Although the terms "manitarittg" and "audit" may appear somewhat formidable, please be assured that yatr agency will be notified in advance of any rscstest far a monitaritg visit. Also, please be advised that repr+eaetttativea frcml HUD monitar the CDBG program every year. During HUD visit(s), they may wish to monitor~orte (1) ar mars of the City's subreoipients. If your agency should be selected, you will be noKifiad in advance in order to arratge a mutually ooarrenient time. 6. Prcxsram Htrod?et Another required element of your CDBG agr+eemertt With the City is the program budget. Please submit an updated line item budget reflecting your approved CDBG allocation. Also, include a copy of your overall program budget with a swsnary of your funditg satroe(s) and the total agency budget. The CDBG portion of your total program ar aegetxy budget should be identifiable. In past fears, several agencies have raised questions regarding minar budget modili~tiats ar adjustooertt8. Staff realizes that the app2crvad budget mny esquire minor adjustments during the life of the program std request that you discuss p~rnposed c3targea with Develapmertt Department Q staff. . lab:3025 -3- CDBfi PAOf3ItA1[ RBQiPB Rev. 6/11/91 Fisosl Year 199/1992 Q d Again, please be minded that capital ar mr?-able equiPm~t is not to be purchased with CDBG Rrds. If you need to acquire such equipment, please discuss it with Development Deparbmerrt staff. 7, Aixw~ ..s n.rannl OrrerrFi er Dlenir~wn* lAnwd AeeliOn "13~~ Of the CDBG All tangible per'sa'~al property having a useful life of mare than aye (1) year and an acquisition Cost of three hundred dollars ($300.00) ar more per unit shall be subject to the requirements of the Property Managmnent Standards specified in 24 CFR, Part 85.32, "Gammon Rule". 8. a) All equipment aryl property purchased in accordance with the above standards shall be identified as "Federal Property-I~JD", (include your interrml Identification Number). Identification may be adiieved by tagging ar engraving the property ar by any method that will _ result in property Identification Number being gt±'~*~~**?v affixed. b) Maintain a separate r+emrd of all such equipment and property. - 7nformatim shall include: -Nmde/Description -Serial Number -Identification Number -Date Purt3aased -Purd~ase Price -Ooc~ditian (i.e., e~aoellem~t/cyoodlf~'lP~) -C~aracteristics (i,e., polar/features, etc.) -Physical Location (i.e., address/office/room, etc.) c) Submit an inventory listing to the City o! San Bernardino Dsvelo~ea~t Depnrbeent eadr year enditrQ J1ane 30, Said listing is to ba submitted b1' J1~ly l0 following the enl o! the year. Zl~e list shaild include all the informatics listed under item "b" above. d) A request must be sutaiitted to the City of San Bernardino Development Department far any approved puxs3:ases that are not in the ariginally apFmoved budget (see agreement). Written authar~izatics obtained frtitn tlrs Developmnt Department by subrecipia:rt priar to the purc3~ase o! any equipmrt, whether ar not said equipment was included in the agency's ar'iginal budget. e) It is the r+espansibility of the auba:ecipient to ~i*Sa;*+ and r+epnir all pmopetty and equipment purchased with CDBG Rinds. It is oleo the r+espa~sibility of the subr+ecipient to identify all ptu+c3rased equipment aryl property with tags ar engraving, and to supply seam. 9. Fistxl 7looawtirrr and 7Wdit Documea?tatias 7Yae City of son Bernardino Develapmerrt Department requires eac3a agency to ® observe acrd oo~ly with all aoocrarting rules eirid audit paaooedturea as set lab:3025 -4- CDBfi PAOQdt11M R8QIIZ3i8~T1'8 Rev. 6/11/91 7rieoal Year 1997,/1992 Q ~"! forth in the C~BG agree7oent. Rhe following is a brief description of the most prominent requir~anents: a) As a participant in the City of San Bernardino CC®G Ptrogiam, each subr+ecipient agrees to keep all !tads received foam the City from any other souroes of funding. b) Each subr+ecipient also agrees to keep records of all fiar3s received from the City of San eerr~ardino in acoozdanoe with the ~ set Earth in the "AgremnesYt Aiooamting and ML~~ist*'+tive Fiarr'D~ook". A Dopy of the Ha1ffiiook is attached. 10. Certification and Assurance Attac3sed is a Dopy of the Certifi~tian and Aseuranca form to be p4^epared and signed by the deaicg:ated governing official(s) of the subr+ecipient agency. Rhin doc~anent is to be attached to the CO®G agreement atr3 shall beawne part of the governing requirements. lab:3025 -5- CD80 PADGRAM RBQQII~MEN18 Rev. 6/11/91 lYateal Year 1991/1992 vI r~vEropr~rrr neeAR~r of a~ crrx aa? sAN Blnao ® ~~OSrtificatioo and nesuranoM~ (To Aooomnatry C~BG Agreement) Ii r (Name and T tle of Off c ) of the (Name of Agency/ za aa) located at c]o hereby make the following oertifioation and assura:noe to acoaap~any the Oa~muiity Develo~errt Block Grant Agreement between (name of an) and the ty of San a) Certify that the information booklet Par CDBG Program require+oerrts has been read aryl urderstoodt and ~ . b) Assure that the (name of Agency) will comply with all as pulated herewith !n the• performarroe of the CDBG Agreement.. © Dated: - . (S lure o! Off ) Dated: Development Depnrbme¢rt Represes:tn va lab:3025 Rev. 6/11/91 lab:3025 -6- CDBfi PAOfAiAM TPB Rev. 6/11/91 Fis0a1 Yaar 1991,/199Y