HomeMy WebLinkAbout1991-252
1 itemization of costs, as set forth in the proposed budget submitted to City,
2 not to exceed ten percent (10%) as to any particular line item, shall be
3 allowed, provided that the prior written approval of the Executive Director
4 of the Development Development of the City of San Bernardino is obtained, it
5 being understood that the total amount of the grant shall not be varied
6 thereby ·
7 (f) The parties intend that grant funds be utilized within the time
8 period covered by this Agreement, and entitlement to any funds not expended
9 or obligated shall revert to the City. No reserve for the future shall be
10 established with the funds except as may be authorized to meet camnitments
11 made for services provided during the period of this Agreement, but not yet
12 paid for at the conclusion of this Agreement.
13 (g) SUbrecipient shall remain in compliance with all state, federal
14 and local laws prior to the receipt of any reimbursement hereunder. '!his
15 includes, but is not limited to, all laws and regulations relative to the
16 form of organization, local business licenses and any laws and regulations
17 specific to the business and activity carried out by SUbrecipient. Reimburse-
18 ment shall not be made to SUbrecipient which is not operating in compliance
19 with all applicable laws. Reimbursements may be subsequently paid, at the
20 discretion of the Executive Director of the Development Deparbnent for
21 reimbursement costs incurred during the period when compliance is achieved
22 before expiration of this Agreement.
23 5. Acoountinq; Audi t.
24 (a) Prior 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 Deparbnent of the city of San Bernardino, SUbrecipient shall submit to the
27 Director an accounting of the proposed and actual expenditures of all
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revenues from whatever source accruing to the organization for the fiscal
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year errling June 30, 1992.
(b) Financial records shall be maintained by SUbrecipient in accord-
ance with Generally Accepte:i Accounting Principles, am in a manner which
pennits City to trace the experrli.tures of funds to source documentation. All
books am records of SUbrecipient are to be kept open for inspection at any
time during the business day by the City, its officers or agents, am by any
representative of the united states of America authorized to audit conununity
development block grant programs.
(c) Standards for financial management systems am financial report-
ing requirements established by 24 CFR, Parts 85.20 am 85.22 shall be fully
carplied with by SUbrecipient. SUbrecipient acknowledges that the funds
provided are federal funds.
(d) SUbrecipient' s financial management system shall provide for
accurate, current and complete disclosure of the financial results of each
program sponsored by this Agreement. It is the responsibility of SUbreci-
pient to adequately safeguard all assets of the program, am SUbrecipient
shall assure that they are used solely for authorized purposes.
6. services Available to Residents; MoDi torina and ReDOrtincr ProcIram
Perfonnance.
'!he services of SUbrecipient shall be made available to residents and
inhabitants of the City of San Bernardino unless otherwise noted in Exhibit
"A" . No person shall be denied service because of race, color, national ori-
gin, creed, sex, marital status, or physical handicap. SUbrecipient shall
comply with Affinnative Action guidelines in its employment practices. SUbre-
cipient shall also monitor the program' s activities am submit written re-
ports quarterly, or more often if requested, to the Executive Director of the
Development Department of the City of San Bernardino, in accordance with 24
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1 CFR, Part 85.41(c) (d) am Part 85.21. Failure to provide such quarterly
2 perfonnance reports may prevent the processing by City of SUbrecipient's
3 requests for reimbursement, am may justify temporary withholding as provided
4 for in Paragraph "11" hereof. City reserves the right to waive such breach,
5 without prejudice to any other of its rights herel.ll1der, upon a firrling by the
6 Executive Director of the Development Department that such failure was due to
7 extraordinary circumstances am that such breach has been timely cured
8 without prejudice to the City.
9 7. Procurement Practices; COnflict of Interest.
10 SUbrecipient shall comply with procurement procedures am guidelines
11 established by 24 CFR, Part 85.36(d) (1), SUbrecipient "Procurement
12 Staroards". In addition to the specific requirements of 24 CFR, Part 85,
13 SUbrecipient shall maintain a code or staroards of corrluct which shall govern
14 the perfonnance of its officers, Emi>loyees or agents in contracting with and
15 expending the federal grant :furrls made available to SUbrecipient l.ll1der this
16 Agreement. SUbrecipient's officers, Emi>loyees or agents shall neither solicit
17 nor accept gratuities, favors, or anything of monetary value from contractors
18 or potential contractors. To the extent permissable by state law, roles, and
19 regulations, the staroards adopted by SUbrecipient shall provide for
20 penalties, sanctions or other disciplinary actions to be applied for
21 violations of such staroards by either the SUbrecipient's officers, Emi>loyees
22 or agents, or by contractors or their agents. SUbrecipient shall provide a
23 copy of the code or staroards adopted to City forthwith. All procurement
24 transactions without regard to dollar value shall be corrlucted in a manner so
25 as to provide maximtnn open am free competition. The SUbrecipient shall be
26 alert to organizational conflicts of interest or non-competitive practices
27 among contractors which may restrict or eliminate competition or otheJ:Wise
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restrain trade. SUbrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR Section 570.611 and to the procurement roles
specified in 24 CFR, Part 85.36, in its expenditure of all funds received
urrler this Agreement.
8. Anti-Kick. Back. Provisions: Eaual EmDlovment ODDortunitv.
All contracts for construction or repair us~ funds provided urrler
this Agreement shall include a provision for compliance with the Copeland
"Anti -Kick Back" Act (18. U. S. C. 874) as supplemented in Department of labor
Regulations (29 CFR, Part 3). '!his Act provides that each contractor or
subgrantee shall be prohibited from i.rxiuc~, by any means, any person em-
ployed in the construction, completion or repair of public work, to give up
any part of the compensation to which he/she is othawise entitled. SUbreci-
pient shall report all suspected or reported violations to City. All con-
tracts in excess of $10,000.00 entered into by SUbrecipient usirq funds
provided urrler this Agreement shall contain a provision requirirq compliance
with Equal Employment Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevailinq Waae Reauirement.
Any construction contracts awarded by SUbrecipient using funds
provided urrler this Agreement in excess of $2,000.00 shall include a provi-
sion for compliance with the Davis-Bacon Act (40 U.S.C. 276(a) to 276(a) (7))
and as supplemented by Department of labor Regulations (29 CFR). Urner this
Act, contractors shall be required to pay wages to laborers and mechanics at
a rate not less than the minimum wages specified in a wage detennination made
by the Secretary of labor. In addition, contractors shall be required to pay
wages not less often than once a week. Subrecipient shall place a copy of
the current prevailing wage detennination issued by the Department of labor
in each solicitation and the award of a contract shall be cornitioned upon
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1 the acceptance of the wage detennination. SUbrecipient shall report all sus-
2 pected or reported violations to City.
3 10. ADDroval of City of any Charoes; Use of PrQql:~n Ineane.
4 (a) City hereby requires SUbrecipient to notify the City, in writing,
5 of its intent to charge a fee for any service, the provision of which is
6 assisted pursuant to this Agreement. City requires SUbrecipient to obtain
7 the prior written approval of City for any charges or fees to be charged by
8 SUbrecipient for such services, am of any roles am regulations governing
9 the provision of services hereunder.
10 (b) Program incane represents gross income received by the
11 SUbrecipient directly generated from the use of funds provided hereunder.
12 SUch earnings include interest earned on advances am may include, but will
13 not be limited to, income from service fees, sale of c::x:nnm:xlities, usage am
14 rental fees for real or personal property using the funds provided by this
15 Agreement. As to such incane, it shall be first applied to eligible program
16 activities, before requests for reimbursement am, in the use, shall be
17 subject to all applicable provisions of this Agreement. Income not so
18 applied shall be remitted to City. SUbrecipient shall remit all unspent
19 program income to the City within thirty (30) days subsequent to the em of
20 the program year (June 30, 1992).
21 11. Temcorarv Withholding.
22 The Executive Director of the Cevelopment Deparbnent of the City of
23 San Bernardino is authorized to t.e:np:>rarily withhold the payment of funds to
24 SUbrecipient when the Director detennines that any violation of this
25 Agreement has occurred. Funds shall be withheld until the violation is
26 corrected to the satisfaction of the Executive Director. SUbrecipient shall
27 have the right to appeal the decision of the Executive Director to the Mayor
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am COnunon COUncil. The sole grourrls for such appeal shall be that no
violation of the Agreement has occurred. SUbrecipient shall file such appeal
within fifteen (15) days after such first withholding. The Mayor am Conunon
COUncil shall set a date for the hearing of such appeal which is within
thirty (30) days following the date of filing.
12. Records Retention.
Financial records, supporting documents, statistical records, and all
other records pertaining to the use of the funds provided urder this Agree-
ment shall be retained by SUbrecipient for a period of three (3) years, at a
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property means land, including land iIrprovements, structures and appurten-
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minimum, and in the event of litigation, claim or audit, the records shall be
retained until all litigation, claims and audit findings involving the re-
cords, have been fully resolved. Records for non-expendable property acqui-
red with federal funds provided urder this Agreement shall be retained for
three (3) years after the final disposition of such property.
13. ProDertv Manaqement standards.
Non-expendable personal property, for the purposes of this Agreement,
is defined as tangible personal property, purchased in whole or in part with
federal funds, which has useful life of more than one (1) year and an acqui-
sition cost of one-thousand dollars ($1,000.00) or more per unit. Real
ances thereto, excluding movable machinery and equipment. Non-expendable
personal property and real property purchased with or improved by funds pro-
vided urder this Agreement shall be subj ect to the property management stan-
dards set forth in 24 CFR, Part 85.32.
14. Temination for cause.
(a) City reserves the right to tenninate this Agreement in accordance
with 24 CFR, Part 85.43, and any am all grants and future payments under
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this Agreement, in whole or in part, at any time before the date of
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1 completion of this Agreement whenever City detennines that the SUbrecipient
2 has materially failed to comply with the tenns and corrlitions of this
3 Agreement. In the event seeks to tenninate this Agreement for cause, City
4 shall promptly notify the SUbrecipient in writing of the proposed tennination
5 and the reasons therefore, together with the proposed effective date. SUbrec-
6 ipient shall be given an opportunity to appear before the Mayor and Conunon
7 COUncil at the time at which the Mayor and Conunon COUncil are to consider
8 such reconnnerxied tennination, and shall be given a reasonable opportunity to
9 show cause why, if any exists, the Agreement should not be tenninated for
10 cause. Upon detennination by the Mayor and Conunon Council that the contract
11 should be tenninated for cause, notice thereof, including reasons for the
12 detennination, shall promptly be mailed to the SUbrecipient, together with
13 infonnation as to the effective date of the tennination. SUch notice may be
14 given orally at that hearing. The detennination of the Mayor and Canunon
15 Council as to cause shall be final.
16 (b) In the event of any tennination whether for cause or for
17 convenience, SUbrecipient shall forthwith provide to the Development Departm-
18 ent any and all documentation needed by the Development Deparbnent to
19 establish a full record of all monies received by SUbrecipient and to docume-
20 nt the uses of same.
21 15. Tennination for COnvenience.
22 City or SUbrecipient may tenninate this Agreement in whole or in part
23 provided both parties agree that the continuation of the project would not
24 produce beneficial results commensurate with further experrliture of funds. In
25 such event, the parties shall agree upon the tennination conditions,
26 including the effective date and, in the case of partial tenninations, the
27 portion to be tenninated. The SUbrecipient shall not incur new obligations
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for the tenninated portion after the effective date am shall cancel as many
outstaming obligations as possible. City shall allow SUbrecipient full
credit for the City's share of the non-cancellable obligations obligations
properly incurred by the SUbrecipient prior to tennination.
16. Reversion of Assets.
SUbrecipient agrees that upon expiration of this Agreement, the
SUbrecipient shall transfer to the City any am all COOO fun:1s not used at
the time of expiration and any accounts receivable attributable to the use of
COOO fun:1s. SUbrecipient agrees that any real property under its control,
which was acquired or improved, in whole or in part, with COOO fun:1s in
excess of $500.00 shall either, (i) be used to meet one (1) of the three (3)
national objectives as set forth in 24 CFR, Part 570.208 until five (5) years
after expiration of the Agreement or such period of time as detennined appro-
priate by the City, or; (ii) is disposed of in a manner which results in the
City being reimbursed in the amount of the current fair market value of the
property less any portion thereof attributable to expen:titure of, or
improvement to, the property by SUbrecipient. SUch reimburseJnent is not
required after the period of time specified in "i" above.
17. Hold HaI1nless.
SUbrecipient agrees to imemnify, save and hold hannless the City and
the Development Deparbnent and their employees and agents from all
liabilities and charges, expenses (including counsel fees), suits or losses,
however occurring, or damages, arising or growing out of the use of or
receipt of fun:1s paid under this Agreement and all operations under this
Agreement. Payments under this Agreement are made with the understanding
that the City and the Development Deparbnent are not involved in the
perfonnance of services or other activities of the SUbrecipient. SUbrecipient
and its employees and agents are imependent contractors and not employees or
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1 agents of City am the Development Department.
2 18. Amendment.
3 '!his Agreement may be amerrled or modified only by written agreement
4 signed by both parties, am failure on the part of either party to enforce
5 any provision of this Agreement shall not be construed as a waiver of the
6 right to compel enforcement of any provision or provisions.
7 19. Assicmment.
8 '!his Agreement shall not be assigned by SUbrecipient without the
9 prior written consent of City.
10 20. Notices.
11 All notices herein required shall be in writing and delivered in
12 person or sent certified mail, postage prepaid, addressed as follows:
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As to City:
As to SUbrecipient:
Executive Director
Development Deparbnent
City Hall, Fifth Floor
300 North "0" street
San Bernardino, Calif. 92418
Tony Mine , Executive Director
Highlam District Council
on Aging, Inc.
3102 E. Highlam Avenue
Highlam, Calif. 92369
21. Evidence of Authori tv.
SUbrecipient shall provide to city evidence in the fom of a
certified copy of minutes of the governing body of SUbrecipient, or other
adequate proof, tilat this Agreement has been approved in all its detail by
the governing body of the SUbrecipient, tilat the person(s) executing it are
authorized to act on behalf of SUbrecipient, and tilat this Agreement is a
binding obligation on SUbrecipient.
22. certification of Assurance.
SUbrecipient shall comply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully
set forth at length am made a part of this Agreement by execution of all
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1 certifications and assurances of the cooo program.
2 23. Entire ~t.
3 '!his Agreement and any document or instrument attached hereto or
4 referred to herein integrates all tenns and conditions mentioned herein or
5 incidental hereto, and supersedes all negotiations and prior writing in
6 respect to the subject matter hereof. In the event of conflict between the
7 tenns, conditions or provisions of this Agreement, and any such document or
8 instrument, the tenns and conditions of this Agreement shall prevail.
9 24. No Third Part Beneficiaries.
10 No third party shall be deemed to have any rights hereurrler against
11 any of the parties hereto as a result of this Agreement.
12 I I I I
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FY 1991/1992 a>BG ~ BETWEEN CITY AND
HIGHIAND DISTRICT OO~L ON 1\GIm, ~.
1 m WITNESS WHEREOF, the parties hereto have executed this Agreement on
2 the day am year first hereinabove written.
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ATTEST:
Q~ I)f~
"eITY ClERK '
Approved as to fom am
10 legal content:
,.,..
11
JAMES F. PENMAN,
12 city Attorney
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~ \.
, J
'"
f/ I~h I~'l~ pis:f. .
&tt"C;1 ,;, 1='" S--
SCOPE OF SERVICES
H 1 I · r (i \' j d e d d p t H i J (J d d c. '-, CT' ] p! j 0 II 0 f 1 h (> pro c, p 0 ~.::; c' d fl r C1 ) t ' C i
h\' dr-'scrJhin12' prF'clse)v \.dU-lt IS to he'--1CCOlTljl1ished \,;j+h
t hf' I'PCjl1est ed fllTlds.
T h p H 1 ~- h 1 Ci n Ii S p n i f) T'
p t It e r i s p rn h:~ T~'- i t 1 12: n n a v P f'.'" {'I J ri
and successful process to enhance the qualjtv of .life ior jts
members.
This process is called Ph:vsical Fitness.
The
center IS planning to convert the auditorium at the south
end of the hu iJdin~ into ,q FJ tne5S Centpr'.
Ph""-slcaJ FitnFsS
]8 an pSSf~ntja] :part pf "Everyhodies" life.
E:,: ( r C1 s e }l A ~~
no (1':;-('
!)~'rIJPt.-; ;)fHl h::::c;.4 h'innj1i2' ref'orri !"c'r pntl:;u,,.jnE';-'1 PP!'s('r'~ !jft~'
;-: ( 1 \-1 I i e--- .
T h F' F j t n p s sIn t p r i s t () I J! C' 11 1<:1 P F' P r I' 1 S p h j c- '" cL ,=> ,.;:
~~ t ;:1 iT'-
m C1 <-; t p J' S ~ \\ e 1\;2' h t Tn a C' h j n e s , free h- F'1 g h t ,:..;, p 1 c .
A 1 (H I e' \..; j t h the
P If 11 J }) lTH:' n 1. fit n p <-- S (' J A S c; f" S \\' i I J h pen n d 11(' t' p 1.1 t 0 he] p h' i t h
f J e~: 1 h j 1 :i tv, rn 1 J ~; C 11 1 a r s t r e n !2' 1 h, C (--1 r d i 0 \' ,"j S C u 1 8 r end 11 r 9. nee, (-l n (1
r' (' \' e 1 () P 1 Tl ~ n p \",' f r i end s h j p c..; .
;\ n n 1 f i P r FHi d e d f E' 8 t 11 r e r) 1 the p [' (I 2' ~. rn i,,~] I J b P \<- Ed p r F ~'- p. I' (, I ,.:; E
C' J A S ~: P S 0 j f f I' e I J h y i h e 1-- <-; t (r ;--: ";:d ':'" --, Co: [ c. 1 \ A n c1 t h p '\ "1 c'~ .
Fe!
i H c';l i t y 0 t' f (--" r S r') FOIl J' (.:f) j () ('1 t 1 e (-" p 1), n 1 it P~l 1 (-" ,J t 0 :---: () if __ r',o.; . c
h- t 1 i ;' h
J ~:
jdeol
_ for n 8 J- t
! (: p;: t, t S
\'\. ~ tJ
h!' i' j ~; .
] 0 \..; e [' b a (' i
prohlf->ms, or inJllriec;
]rnjtjrl~ rrc~)iJjt\'.
T h pH] e- h J FPHi S {~ n i (, r C en t p r h- i 1 J h ,0 11 S 1 q g t h $;"). () () (l t 0
pllrchr~se plE'CeS of equipment needed for the Fitness Center
;:1 n d pro c' ram s .
Enclosed ]s a Program Perspecti\"e of what we wI}l
he offerin2; to our participants and w'~li--1t type of equipment 1S
needed.
EXHIBIT "A"
CDBG POOrosAL APPLICAT!"W.
Develcpnent Department
Paqe -3-
v. Proposed Project Bu&;et (Please Carclete 1\pplicable Items Only)
a) Administration
Salaries an:1 Frirge Benefits: $ 6,000
~lies: $ 200
Professional Services: $
Travel/Conferences/seminars : $
utilities: $
Insurance: $
Office Equiprent: $
other: $
b) construction $
c) ~ineerirg an:1 Design $
d) lard Acquisition $
e) Plannirg Activities $
f) Rehabilitation Activities $
g) other: Exercise Equipment $ 20,000
Total Project Cost: $ 26,200
(For constIUction, erXJineerirg am design, lard acquisition am
rehabilitation activities only.)
Fstilnator:
Fstilnator' s ~ifications:
h) Identifv other fun:ling sources: Identify camnitments or awlica-
tions for :funis fran other sources to implement this activity. If
other :funis have been awroved, attach evi~ of camnitment.
source of Funds
FundiM ~t
Date Available}
Oakland Athletics Foundation $ 5.000 Application Submitted May 1991
T,~\.JPY'pn('p Wplk li'ollnc1Rtion $ 5..500 Application Submitted May 1991
Annual Support Campaign $ I) .. 000 To Be Run July 1991
W.M.Peck Foundation 5,000 Application to be Submitted May
i) Was this project previoosly furrled with rooo :funis? Yes No 1991
If YES, irrlicate the year(s) in which com :funis were received-
an:1 the grantirg entity:
j) If you have never received COOO furdi.rg, provide evi~ of artj
previous experience with other federally furrled programs (use
additional sheets if necessary) :
EXHIBIT "B"
DEVEIDHo!ENI' DEPAR'IMENl' OF THE
CITY OF SAN BERNARDnD
roMMUNITY DEVEIDHo!ENI' BIDCK GRAN!'
PR)GRAM REXJUIREMENrS
for
SUBRECIPIENl'S
1. SUpplemental Infonnation for SUbrecipient
As a successful applicant of the City of San Bernardino FY 1991/1992
Community Development Block Grant (COB:;) Program, you are not only
agreeing to provide the services as stated in your application, but also
to abide by the COB:; Program requirements am responsibilities. To
further assist you in unierstarrling said requireJnents am responsibili-
ties, the follCMing summaries am attachments have been prepared to
introduce to or update you on each item. Additionally, this
instructional package will reauire your governing body designated
official to read am sign his/her signature as part of the COB:;
agreement.
2. Month! v Reauest for Reimbursement
Deadline: Due the fifth (5th) day after end of each calendar month
unless otherwise stated in the COBG agreement.
Include the follCMing:
a) One (1) oompleted Request for Reimbursement form.
b) One (1) copy of all checks issued that are being reimbursed.
c) One (1) copy of all bills/receipts that support check(s) issued.
d) One (1) copy of all payroll check(s) that are being reimbursed.
e) One (1) copy of all check stubs, accounting ledgers, am;or other
documentation that reflect gross salary an1 all deductions for each
check(s) issued.
f) One (1) page narrative describing activities urrlertaken during the
month included for reimbursement.
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 incurred within the scope of
the executed agreement am that the subrecipient continues to comply with
the tams am corrlitions of the COB:; agreement. (Generally, invoices are
processed within ten (10) days of receipt of same.) '!he city reserves
the right to defer processing of invoices am withhold payments until all
required reports, statements, am;or certificates have been submitted
and, where necessary, approved.
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COBG PR)GRAM REXJUIREMENrS
Fiscal Year 1991/1992
EXHIBIT "e"
g) All accountirg records ani evidence pertaini.rg to all costs of each
subrecipient am all documents related to the COOO agreement shall be
retained ani available for three (3) years followi.rg the completion
of the funjed program.
h) Each subrecipient agrees to allow the City of San Bernardino
Carrnnunity Development Department to audit the :furrled program as part
of its annual audit of all COB:; funds pursuant to federal regulations
set forth in Title 24 of the Cc:x:le of Federal Regulations.
3. Reports/Reportinq Reauirements and RecordsJReoord Keepina Requirements
While staff realizes that report writirg am record-keepirg are not the
JOOSt desirable aspects of any program, it is one vehicle that provides a
measure of program progress am accamplishments. 'lhus, all subrecipients
participating in the COB:; Program are reauired to provide the City of
San Bernardino Development Department with written reports of its
activities on or before the tenth (loth) day of October, JanuaIy, April
and July of any given program year for the previous three (3) lOOnth
period in addition to a final report when the agreement tenninates. All
reports shall include infonnation on program activities, ac:x::atplishments,
new program infonnation am current program statistics on experditures,
case loads and activities of the reportirg period.
Each subrecipient is also required to maintain monthly records of all
ethnic am racial statistics of persons and families assisted by its
program(s). rrhis lOOnthly record shall include data on the number of low
and moderate income persons and households assisted, (as detennined by
federal income limits), number of female-headed households, am mnnber of
senior citizens assisted. As mentioned earlier, each subrecipient is
required to keep all accountirg records am evidence pertaini.rg to all
costs for three (3) years followirg completion of the fumed program.
4. Quarter! y Reports
Deadlines: october 10 -- for period covering July 1, to september 30, of
program year.
January 10 - for period covering october 1, to December 31,
of program year.
April 10 -- for period covering January 1, to March 31, of
program year.
July 10 -- for period covering April 1 to Jlme 30, of program
year .
Include the followirg:
a) One (1) completed Activity Report (form number 802).
b) One (1) conpeted Direct Benefit Report (form mnnber 045 (a) .
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CDBG ~ RBJUIREMENl'S
Fiscal Year 1991/1992
c) One (1) completed Contract ani SUbcontract Activity Report (fom CMB
2506-006) . (For construction proj ects only.)
It is the responsibility of the subrecipient to prepare ani submit the
required reports by the above stated deadlines in order to keep city
staff infoITnErl of any changes to the :furrled program(s).
5. Program Mom toring
One of the City's responsibilities is to monitor each subrecipient at
least once a year. Not only are the monitoring visits interned to ensure
each agency's continued compliance with cooo requirements, but also serve
as an opportunity for City staff to became nore knowledgeable of each
agency's program ( s). The monitorirg visits also serve as an opportunity
to provide information to other City staff, the Mayor ani Cornlron Council
ani other interested persons.
Listed below is typical information City staff will be seeki.rg,
observations that might be made, ani items we may wish to review:
a) The acconq:>lishment(s) of the program(s) to date.
b) Whether or not program objectives are beirg met.
c) '!hat the interrled client group is beirg served.
d) '!be mnnber of people on staff.
e) The existence ani maintenance of client files.
f) Assistance City staff can provide.
In addition to monitorirg each agency once a year, the City of San
Bernardino Developnent Department reserves the right to have its internal
auditor conduct an onsite audit of the program as part of the its annual
audit of all COOO furx:1s pursuant to Federal Regulations.
Although the tenns ''monitorirg'' ani "audit" may appear somewhat
fonnidable, please be assured that your agency will be notified in
advance of any request for a monitorirg visit. Also, please be advised
that representatives from HUD monitor the COB:; program every year. Dlrirg
HUD visit (s), they may wish to monitor one (1) or lOOre of the City's
subrecipients. If your agency should be selected, you will be notified in
advance in order to arrange a mutually convenient ti1re.
6. Program Budget
Another required element of your COOO agreement with the City is the
program budget. Please submit an updated line item budget reflectirg
your approved COOO allocation. Also, include a copy of your overall
program budget with a summary of your furrli.ng source (s) am the total
agency budget. '!be COoo portion of your total program or agency budget
should be identifiable.
In past years, several agencies have raised questions regardin:] minor
budget modifications or adjustments. staff realizes that the awroved
budget may require minor adjustments durirg the life of the program ani
request that you discuss proposed changes with Developnent Department
staff.
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amG PIDGRAM ~
Fiscal Year 1991/1992
Again, please be remin:ied tbat capital or non-experrlable equipment is not
to be pu:rdw;ed with COB; furrls. If you need to acquire such equipment,
please discuss it with Development Department staff.
7. Purchase of Personal Property or Eauipnent (Read section "13" of the CDBG
~eement
All tangible personal property havirq a useful life of ll'Ore than one (1)
year ani an acquisition cost of three hurrlred dollars ($300.00) or ll'Ore
per unit shall be subject to the requirements of the Property Management
Starrlards specified in 24 CFR, Part 85. 32, "CoInloon Rule".
8. Procedures
a) All equipment ani property purchased in accordance with the above
starrlards shall be identified as "Federal Property-HUO", (include
your internal Identification Number). Identification may be achieved
by taggirg or engraving the property or by arry methexi tbat will
result in property Identification Number bein;1 permanentlY affixed.
b) Maintain a separate record of all such equipnent ani property.
Infonnation shall include:
-Name/Description
-Serial Number
-Identification Number
-Date Purchased
-Purchase Price
-corxtition (i.e., excellent/good/fair/poor)
-Q1aracteristics (i,e., color/features, etc.)
-Physical location (i.e., address/office/roan, etc.)
c) SUbmit an inventory listirg to the City of San Bernardino Development
r.epartment each year ernirg June 30. Said listirg is to be subnitted
by July 10 followirg the ern of the year. rrbe list should include all
the infonnation listed \.ll'Xier item "b" above.
d) A written request :must be submitted to the City of San Bernardino
Development Department for any approved purchases that are not in the
originally approved budget (see agreement). Written authorization
must be obtained fran the Development r.epartment by subrecipient
prior to the purchase of any equipment, whether or not said equipment
was included in the agency's original budget.
e) It is the responsibility of the subrecipient to maintain and repair
all property ani equipment purchased with COB; furrls. It is also the
responsibility of the subrecipient to identify all purchased
equipment and property with tags or engravirg, ani to supply same.
9. Fiscal Aooounting and Audit Documentation
~e City of San Bernardino Development Department requires each agency to
observe and comply with all aCCOlU'ltirg rules ani audit procedures as set
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CDBG PROGRAM RDJUIREMENl'S
Fiscal Year 1991/1992
forth in the COB:; agreement. 'n1e followi.rg is a brief description of the
nnst prominent requirements:
a) As a participant in the City of San Bernardino COB:; Program, each
subrecipient agrees to keep all f\.1rrls received fran the City separate
from any other sources of furxting.
b) Each subrecipient also agrees to keep records of all f\.1rrls received
from the City of San Bernardino in accordance with the procedures set
forth in the "Agreement Accounting arrl Administrative Han:Ibook". A
copy of the Han:Ibook is attached.
10. certification and Assurance
Attached is a copy of the Certification arrl Assurance fom to be prepared
am signed by the designated governing official(s) of the subrecipient
agency. 'Ibis document is to be attached to the COB:; agreement am shall
become part of the governing requirements.
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CDBG PROGRAM ~UIREMENl'S
Fiscal Year 1991/1992
DEVEIDPMENl' DEPARDfENI' OF THE
CITY OF fmN BER!mRI)IH>
"certification and Assurance"
(To Acoarpmy CDBG ~t)
I,
(Name and Title of Official)
of the
(Name of Agency/Organization)
located at
do hereby make the followin:} certification am assurance to accx:mpany the
Ccmmmi.ty Development Block Grant Agreement between
(name of organization) and
the City of San Bernardino:
a) Certify that the infonnation booklet for COR; PrcxJram requirements has
been read and un:ierst.ood; and
b) Assure that the (name of Agency)
will C01TQ?ly with all governing requirements as stipulated herewith in the
perfonnance of the COB; Agreement.
~-
Dated:
th7A/
/ /
ture of Official)
Dev~~Representative
Dated:
~.7/?/
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CDBG PRJGRAM ~UIREMENrS
Fiscal Year 1991/1992
RESOLUTION NUMBER 91- 252
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RESOLUTION OF THE Im.YOR AND cx:JtH)N OOUNCIL OF THE CITY OF SAN BERm\RDlN)
AtJTII)RIZIm AND DIREC'l'Im THE EXECUTION OF A OOMMUNITY DEVEIDPMENl' BIDCK GRAN!'
FUNDIH; AGREEMENT BETWEEN THE CITY OF SAN BERm\RDINJ AND HIGHLlOO) DISTRIcr
OOUNCIL ON MIm, ~., (Administrative costs)
BE IT RESOLVED BY THE Im.YOR AND CDMt<<>N OOUNCIL OF THE CITY OF SAN
BERm\RDINJ AS FOLWWS:
Section 1.
(a) '!he Mayor of the City of San Bernardino is hereby authorized and
directed to execute, on behalf of the City, an agreement for Community
Development Block Grant funding with HIGHIAND DISTRIcr CXXJNCIL ON AGING. INC..
(AI:M!NISTRATIVE OOSTS). which agreement is attached hereto as Exhibit "1", and
is incorporated herein by reference as though fully set forth at length. '!he
agreement provides for the granting of Community Development Block Grant funds
in the following amount of $20.000.00.
section 2.
(a) '!he authorizations to execute the above referenced agreement is res-
cinded if the parties to the agreement fail to execute it within sixty (60)
sixty days of the passage of this Resolution.
I HEREBY CERI'IFY that the foregoing resolution was duly adopted by the
RESOLUTION OF THE CITY OF SAN BERNMmnD AUTHORIZING THE EXECUTION
OF A <DOO ~ BETWEEN CITY AND HIGHIRm DISTRICT CX>UNCIL.
ON ~ING, ~., (AIHINISTRATIVE CDSTS).
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council Members
FS~
REILLY
HERNANDEZ
MAUOOIEY
MINOR
:tOPE- IlJDIAM
MILLER
AYES
ABSTAIN
NAYS
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rrhe foregoing'Resolution is hereby approved this 19th day of June
1991.
19 Approved as to fonn ani
legal content:
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JAMES F. PE:NlomN,
21 City Attorney
22 By:~
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~~
/ c8n/ .~
TOM MINOR/MAYOR PRO TEMPORE
City of San Bernardino
~~. ~/-,25'~-
~g~~~M~~T
THIS AGREEMENT is entered into effective as of this 17 thday of
, 1991, at San Bernardino, California, between the CITY OF SAN
]'m.e
BERNARDINO, a municipal corporation, referred to as "City", and. HIGHlAND
DISTRIcr <XXJNCIL ON AGING, INC., a nonprofit community sel:Vice organization,
referred to as "SUbrecipient". City and SUbrecipient agree as follOVlS:
1. Recitals.
(a) SUbrecipient has requested financial assistance from City for
fiscal year 1991/1992 from funds available through the Conmmity Development
Block Grant Program from the united states of America to city.
(b) SUbrecipient represents that the expenditures authorized by this
Agreement are for the provision of a coordinated ranqe of sel:Vices and.
community activities to low and. moderate income senior citizens to enable
them to remain Ii vinq independently at home, which are valid and. eligible
community development purposes, as defined in CFR Part 570 in accordance with
federal law and. regulations, and. that all funds granted under this Agreement
will be used for no purpose other than those purposes specifically
authorized. The specific purposes and. scope of sel:Vices of this particular
grant are set forth in Exhibit "A", attached hereto and. incorporated into
this Agreement as though fully set forth herein.
(c) SUbrecipient will comply with applicable uniform administrative
requirements, as described in 24 CFR, Part 570.502.
(d) SUbrecipient will carry out each activity, program and/or project
in compliance with all federal laws and. regulations as set forth in 24 CFR,
Part 570, with the following exceptions, (i) the Subrecipient does not assume
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the envirornnental responsibilities of the Grantee as described in 24 CFR,
Part 570.604, and; (ii) the SUbrecipient does not assume the Grantee's
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EXHIBIT "I"
1 responsibilities for initiating the review process under Executive Order
2 NUmber 12372.
3 (e) SUbrecipient will comply with the requirements set forth in the
4 Unifonn Relocation Assistance and Real Property Acquisition Policy Act of
5 1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal
6 regulations when attempting to or acquiring any building or parcel of land.
7 SUbrecipient will be required to obtain written approval fran the Executive
8 Director of the Development Department prior to any activity taking place
9 within the confines of URA 49 CFR, Part 24, as amended.
10 2. Payments.
11 City shall reimburse SUbrecipient for allowable costs incurred under
12 the scope of this Agreement and applicable Federal regulations, which have
13 not been paid for or reimbursed in any other manner by any other Agency or
14 private source of furxiing. Reimbursement will be made at least on a monthly
15 basis, with the total of all such reimbursements not to exceed $20.000.00.
16 3. Tenn.
17 This Agreement shall conunence Julv 1. 1991. and tenninate Jl.U1e 30,
18 1992.
19 4. Use of Funds; Budqet; Travel Limitation.
20 (a) The funds paid to SUbrecipient shall be used by it solely for
21 the purposes set forth in Paragraph 1(b) of this Agreement, and in accordance
22 with the program budget submitted by SUbrecipient to the City of San Bemar-
23 dino Camnunity Development Department, a copy of which is attached to this
24 Agreement as Exhibit "B". This budget shall list all sources of furxiing for
25 the program covered by this Agreement, whether from state, Federal, local or
26 private sources, and shall identify which sources are paying for which speci-
27 fic portions of the program, by line-item, to the extent practicable.
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(b) No travel expenses for out-of-state travel shall be included in
this program unless specifically listed in the budget as submitted and ap-
proved, and all travel expenses to be funded from f\Jrm; provided hereunder
shall be specifically identified as travel expense, which shall be negotiated
between the City of San Bernardino Development Deparbnent and SUbrecipient in
the budget. Any travel expenses incurred by SUbrecipient above the budgeted
amount or for out-of-state travel shall not be eligible for reimbursement
unless the prior written approval of the Executive Director of Development
Deparbnent of the City of San Bernardino, or designee, has been obtained.
(c) Funds shall be used for purposes authorized by the Connnunity
Development Block Grant Program only, and no portion of the f\Jrm; granted
hereby shall be used for any purpose not specifically authorized by this
Agreement.
(d) Only net payroll shall be periodically reimbursed by City as an
allowable cost. Any amounts withheld by SUbrecipient from an etrployee' s pay
for taxes, social security, or other withholding and not innnediately paid
over to another entity, shall not be included as wages or expenses eligible
for reimbursement as an allowable cost until such time as the withheld taxes,
social security, or other withholdings are actually paid over to another
entity entitled to such payment. Upon such payment and the submission of
evidence of such payment to the City of San Bernardino Development
Development Deparbnent, such expenses shall be regarded as an allowable cost,
and the City shall reimburse SUbrecipient for such obligation.
(e) SUbrecipient shall be allowed, with the prior written approval
of the Development Deparbnent of the City of San Bernardino, to make changes
to the budget during the first three (3) quarters of the fiscal year, so long
as SUbrecipient is in compliance with Section "2" of this Agreement at the
time of submission of the budget mcxlification request. A variation in the
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1 itemization of costs, as set forth in the proposed budget submitted to City,
2 not to exceed ten percent (10%) as to any particular line item, shall be
3 allOW'ed, provided that the prior written approval of the Executive Director
4 of the Development Development of the City of San Bernardino is obtained, it
5 being understood that the total amount of the grant shall not be varied
6 thereby ·
7 (f) The parties intend that grant funds be utilized within the time
8 period covered by this Agreement, and entitlement to any funds not expended
9 or obligated shall revert to the City. No reserve for the future shall be
10 established with the funds except as may be authorized to meet camnitJnents
11 made for services provided during the period of this Agreement, but not yet
12 paid for at the conclusion of this Agreement.
13 (g) SUbrecipient shall remain in compliance with all state, federal
14 and local laws prior to the receipt of any reimbursement hereunder. 'Ibis
15 includes, but is not limited to, all laws and regulations relative to the
16 form of organization, local business licenses and any laws and regulations
17 specific to the business and activity carried out by SUbrecipient. Reimburse-
18 me:nt shall not be made to SUbrecipient which is not operating in compliance
19 with all applicable laws. Reimbursements may be subsequently paid, at the
20 discretion of the Executive Director of the Development Department for
21 reimbursement costs incurred during the period when compliance is achieved
22 before expiration of this Agreement.
23 5. Acoountinq; Auen t.
24 (a) Prior 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 Department of the City of San Bernardino, SUbrecipient shall submit to the
27 Director an accounting of the proposed and actual expenditures of all
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revenues fran whatever source accnring to the organization for the fiscal
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year errling June 30, 1992.
(b) Financial records shall be maintained by SUbrecipient in accord-
ance with Generally Accepted Accounting Principles, am in a manner which
pennits City to trace the experrli.tures of funds to source documentation. All
books am records of SUbrecipient are to be kept open for inspection at any
time during the business day by the City, its officers or agents, am by any
representative of the united states of America authorized to audit conununi.ty
development block grant programs.
(c) Staroards for financial management systems am financial report-
ing requirements established by 24 CFR, Parts 85.20 am 85.22 shall be fully
complied with by SUbrecipient. SUbrecipient acknowledges that the funds
provided are federal funds.
(d) SUbrecipient' s financial management system shall provide for
accurate, current am complete disclosure of the financial results of each
program sponsored by this Agreement. It is the responsibility of SUbreci-
pient to adequately safeguard all assets of the program, am SUbrecipient
shall assure that they are used solely for authorized puI'pOSeS.
6. Services Available to Residents; Mom torinq and ReDOrtinq Proclranl
Perfonnance.
'!he services of SUbrecipient shall be made available to residents and
inhabitants of the City of San Bernardino unless otherwise noted in Exhibit
"A" . No person shall be denied service because of race, color, national ori-
gin, creed, sex, marital status, or physical handicap. SUbrecipient shall
comply with Affirmative Action guidelines in its employment practices. SUbre-
cipient shall also monitor the program's activities am submit written re-
ports quarterly, or more often if requested, to the Executive Director of the
Development Department of the City of San Bernardino, in accordance with 24
lab: 4402
Rev. 6/11/91
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1 CFR, Part 85.41(c) (d) am Part 85.21. Failure to provide such quarterly
2 perfonnance reports may prevent the processing by City of SUbrecipient' s
3 requests for reimbursement, am may justify temporaIY withholding as provided
4 for in Paragraph "11" hereof. City reserves the right to waive such breach,
5 without prejudice to any other of its rights hereurrler, upon a finding by the
6 Executive Director of the Development Department that such failure was due to
7 extraordinary circumstances am that such breach has been timely cured
8 without prejudice to the City.
9 7 · Procurement Practices; COnflict of Interest.
10 SUbrecipient shall comply with procurement procErlures am guidelines
11 established by 24 CFR, Part 85.36(d) (1), SUbrecipient "Procurement
12 StaOOards". In addition to the specific requirements of 24 CFR, Part 85,
13 SUbrecipient shall maintain a code or staOOards of comuct which shall govern
14 the performance of its officers, errployees or agents in contracting with and
15 experrling the federal grant funds made available to SUbrecipient umer this
16 Agreement. SUbrecipient's officers, errployees or agents shall neither solicit
17 nor accept gratuities, favors, or anything of monetary value fran contractors
18 or potential contractors. To the extent pennissable by state law, roles, and
19 regulations, the staOOards adopted by SUbrecipient shall provide for
20 penal ties, sanctions or other disciplinary actions to be applied for
21 violations of such staOOards by either the Subrecipient's officers, employees
22 or agents, or by contractors or their agents. SUbrecipient shall provide a
23 copy of the code or staOOards adopted to City forthwith. All procurement
24 transactions without regard to dollar value shall be comucted in a manner so
25 as to provide maximum open am free canpetition. '!he Subrecipient shall be
26 alert to organizational conflicts of interest or non-conpatitive practices
27 among contractors which may restrict or eliminate canpetition or otherwise
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restrain trade. SUbrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR Section 570.611 and to the procurement roles
specified in 24 CFR, Part 85.36, in its expenditure of all funds received
urrler this Agreement.
8. Anti-Kick Back Provisions; Eaual EmDloyment ODDortuni tv.
All contracts for construction or repair using funds provided urrler
this Agreement shall include a provision for compliance with the Copeland
"Anti-Kick Back" Act (18.U.S.C. 874) as supplemented in Department of labor
Regulations (29 CFR, Part 3). '!his Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person em-
ployed in the construction, completion or repair of public -work, to give up
any part of the compensation to which he/she is otherwise entitled. SUbreci-
pient shall report all suspected or reported violations to City. All con-
tracts in excess of $10,000.00 entered into by SUbrecipient using funds
provided urxier this Agreement shall contain a provision requirinJ compliance
with Equal Employment Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevailina Waae Reauirement.
Arrf construction contracts awarded by SUbrecipient usinJ funds
provided urner this Agreement in excess of $2,000.00 shall include a provi-
sion for compliance with the Davis-Bacon Act (40 U.S.C. 276(a) to 276(a) (7))
and as supplemented by Department of labor Regulations (29 CFR). Umer this
Act, contractors shall be required to pay wages to laborers and mechanics at
a rate not less than the minimum wages specified in a wage detennination made
by the Secretary of labor. In addition, contractors shall be required to pay
wages not less often than once a week. SUbrecipient shall place a copy of
the current prevailinJ wage detennination issued by the Department of labor
in each solicitation and the award of a contract shall be comitioned upon
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1 the acceptance of the wage detennination. SUbrecipient shall report all sus-
2 pected or reported violations to city.
3 10. ADDroval of ci tv of anv Charqes; Use of Proal.'. Ineane.
4 (a) City hereby requires SUbrecipient to notify the City, in writing,
5 of its intent to charge a fee for any service, the provision of which is
6 assisted pursuant to this Agreement. City requires SUbrecipient to obtain
7 the prior written approval of City for any charges or fees to be charged by
8 SUbrecipient for such services, am of any rules am regulations governing
9 the provision of services hereunder.
10 (b) Program income represents gross income received by the
11 SUbrecipient directly generated from the use of funds provided hereunder.
12 SUch earnings include interest earned on advances am may include, but will
13 not be limited to, income from service fees, sale of camoodities, usage am
14 rental fees for real or personal property using the funds provided by this
15 Agreement. As to such income, it shall be first applied to eligible program
16 activities, before requests for reimbursement am, in the use, shall be
17 subj ect to all applicable provisions of this Agreement. Income not so
18 applied shall be remitted to City. SUbrecipient shall remit all unspent
19 program income to the City within thirty (30) days subsequent to the em of
20 the program year (Jill'le 30, 1992).
21 11. TemDorarv Withholdinq.
22 '!he Executive Director of the Development Department of the City of
23 San Bernardino is authorized to tenp:>rarily withhold the payment of funds to
24 SUbrecipient when the Director detennines that any violation of this
25 Agreement has occurred. F'urns shall be withheld ill'ltil the violation is
26 corrected to the satisfaction of the Executive Director. SUbrecipient shall
27 have the right to appeal the decision of the Executive Director to the Mayor
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am Conunon Council. '!he sole grounjs for such appeal shall be that no
violation of the Agreement has occurred. SUbrecipient shall file such appeal
within fifteen (15) days after such first withholding. '!he Mayor ani Conunon
Council shall set a date for the hearing of such appeal which is within
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thirty (30) days following the date of filing.
12. Records Retention.
Financial records, supporting documents, statistical records, ani all
other records pertaining to the use of the funds provided urrler this Agree-
ment shall be retained by SUbrecipient for a period of three (3) years, at a
minimum, am in the event of litigation, claim or audit, the records shall be
retained until all litigation, claims ani audit findings involving the re-
cords, have been fully resolved. Records for non-expendable property acqui-
red with federal funds provided urrler this Agreement shall be retained for
three (3) years after the final disposition of such property.
13. ProDertv Manaqement standards.
Non-expendable personal property, for the purposes of this Agreement,
is defined as tangible personal property, purchased in whole or in part with
federal funds, which has useful life of more than one (1) year am an acqui-
sition cost of one-thousand dollars ($1,000.00) or more per unit. Real
ances thereto, excluding movable machinery ani equipment. Non-expendable
personal property ani real property purchased with or improved by funds pro-
vided urrler this Agreement shall be subj ect to the property management stan-
dards set forth in 24 CFR, Part 85.32.
14. Tennination for cause.
(a) City resel:Ves the right to tenninate this Agreement in accordance
with 24 CFR, Part 85.43, am any am all grants am future payments urrler
this Agreement, in whole or in part, at any time before the date of
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1 conpletion of this Agreement whenever City detennines that the SUbrecipient
2 has materially failed to conply with the tenns and corrlitions of this
3 Agreement. In the event seeks to tenninate this Agreement for cause, City
4 shall promptly notify the SUbrecipient in writing of the proposed tennination
5 and the reasons therefore, together with the proposed effective date. SUbrec-
6 ipient shall be given an opportunity to appear before the Mayor and Camnon
7 Council at the time at which the Mayor and Camnon Council are to consider
8 such recommended tennination, and shall be given a reasonable opportunity to
9 show cause why, if any exists, the Agreement should not be tenninated for
10 cause. Upon detennination by the Mayor and Camnon Council that the contract
11 should be tenninated for cause, notice thereof, including reasons for the
12 detennination, shall promptly be mailed to the SUbrecipient, together with
13 infonnation as to the effective date of the tennination. SUch notice may be
14 given orally at that hearing. '!he detennination of the Mayor and Camnon
15 Council as to cause shall be final.
16 (b) In the event of any tennination whether for cause or for
17 convenience, SUbrecipient shall forthwith provide to the Development Deparbn-
18 ent any and all documentation needed by the Development Deparbnent to
19 establish a full record of all monies received by SUbrecipient and to docume-
20 nt the uses of same.
21 15. Tennination for COnvenience.
22 City or SUbrecipient may tenninate this Agreement in whole or in part
23 provided both parties agree that the continuation of the project would not
24 produce beneficial results commensurate with further experrliture of ftmds. In
25 such event, the parties shall agree upon the tennination conditions,
26 including the effective date and, in the case of partial tenninations, the
27 portion to be tenninated. '!he SUbrecipient shall not incur new obligations
28
lab: 4402
Rev. 6/11/91
-10-
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for the tenninated portion after the effective date am shall cancel as many
outstarding obligations as possible. City shall allow SUbrecipient full
credit for the City's share of the non-cancellable obligations obligations
properly incurred by the SUbrecipient prior to tennination.
16. Reversion of Assets.
SUbrecipient agrees that upon expiration of this Agreement, the
SUbrecipient shall transfer to the City any am all COB:; funds not used at
the time of expiration am any accounts receivable attributable to the use of
COB:; funds. SUbrecipient agrees that any real property under its control,
which was acquired or improved, in whole or in part, with COB:; funds in
excess of $500.00 shall either, (i) be used to meet one (1) of the three (3)
national objectives as set forth in 24 CFR, Part 570.208 until five (5) years
after expiration of the Agreement or such period of time as detennined appro-
priate by the City, or; (ii) is disposed of in a manner which results in the
City being reimbursed in the amount of the current fair market value of the
property less any portion thereof attributable to experxtiture of, or
improvement to, the property by SUbrecipient. SUch reimburseJnent is not
required after the period of time specified in "i" above.
17. Hold Hannless.
SUbrecipient agrees to indemnify, save am hold hannless the City and
the Development Deparbnent am their employees am agents from all
liabilities am charges, expenses (including counsel fees), suits or losses,
however occurring, or damages, arising or growing out of the use of or
receipt of funds paid under this Agreement am all operations under this
Agreement. Payments under this Agreement are made with the understanding
that the City am the Development Deparbnent are not involved in the
perfonnance of services or other activities of the SUbrecipient. SUbrecipient
am its employees am agents are independent contractors am not employees or
lab: 4402
Rev. 6/11/91
-11-
1 agents of city am the Development Deparbnent.
2 18. 1m\endment.
3 'Ihis Agreement may be amerrled or modified only by written agreement
4 signed by both parties, am failure on the part of either party to enforce
5 any provision of this Agreement shall not be construed as a waiver of the
6 right to compel enforcement of any provision or provisions.
7 19. Assicmment.
8 'Ihis Agreement shall not be assigned by SUbrecipient without the
9 prior written consent of City.
10 20. Notices.
11 All notices herein required shall be in writing and delivered in
12 person or sent certified mail, postage prepaid, addressed as follows:
13
As to City:
As to SUbrecipient:
14
15
16
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18
19
20
21
22
23
24
25
26
27
28
Executive Director
Development Department
City Hall, Fifth Floor
300 North "0" street
San Bernardino, Calif. 92418
21. Evidence of Authority.
SUbrecipient shall provide to City evidence in the fom of a
Tony Mine , Executive Director
Highlam District Council
on Aging, Inc.
3102 E. Highland Avenue
Highland, Calif. 92369
certified copy of minutes of the governing body of SUbrecipient, or other
adequate proof, that this Agreement has been approved in all its detail by
the governing body of the SUbrecipient, that the person (s) executing it are
authorized to act on behalf of SUbrecipient, and that this Agreement is a
binding obligation on SUbrecipient.
22. certification of Assurance.
SUbrecipient shall COlTply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully
set forth at length am made a part of this Agreement by execution of all
lab: 4402
Rev. 6/11/91
-12-
1 certifications am assurances of the COoo program.
2 23. Entire ~t.
3 mus Agreement am any document or instrument attached hereto or
4 referred to herein integrates all tenns am conditions mentioned herein or
5 incidental hereto, am supersedes all negotiations am prior writing in
6 respect to the subject matter hereof. In the event of conflict between the
7 tenns, coniitions or provisions of this Agreement, am any such document or
8 instrument, the tenns am conditions of this Agreement shall prevail.
9 24. No Third Part Beneficiaries.
10 No third party shall be deemed to have any rights hereurrler against
11 any of the parties hereto as a result of this Agreement.
12 I I I I
13 IIII
14 IIII
15 IIII
16 IIII
17 IIII
18 IIII
19 IIII
20 I I I I
21 I I I I
22 IIII
23 IIII
24 IIII
25 IIII
26 I I I I
27 I I I I
28
lab: 4402
Rev. 6/11/91
-13-
FY 1991/1992 CDBG 1\GREEMENI' BETWEEN CITY AND
HIGH:IAND DISTRICT OOUNCIL ON ~ING, ~.
1 m WI'INFSS WHEREOF, the parties hereto have executed this Agreement on
2 the day and year first hereinabove written.
3
4 ATTEST:
/-/
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9
a~~~
"em CLERK .
Approved as to fom and
10 legal content:
11
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JAMES F. PENMAN,
city Attorney
FNJ~
lab: 4402
Rev. 6/11/91
-14-
'"
;-II~~ I~'l~ ])is f ,
&I/"~{ ";w 1='" S-
SCOPE OF SERVICES
Hl .'['(",\'jdp d eJptai.l('lj (h::''-cr'11l! iOll of the IH'()':-'.P()~:;(.d !ll'Oj,u'ct
fl\' dPS('Y'lhinE,' prpC'lseJv '''l.hHt IS to hr''-1CC'OlJljIJistlP'i kit!l
t hp rF'ijllPst pd f'~rld<.::.
T h p '1 1 \.,' h 1 rt n ti S e n i rH' (. 1-" t d r:' I' i c.; p f1l h:'1 T ~., j ') 2' n n a \' P ;':- n I d
a TI d S 11 (' (' e s s f u 1 pro C' e s s toe n h a n C' e t h p C1 1.1 8 1 j t"\7 0 f .l j f e f (I r j t s
members.
T b j s pro C' e s s i s c,q lIe d P h ~'S i (' a 1 Fit n e s s .
The
C' e n t e r 1 s pIa n n j n g: toe 0 n v p r t the a 11 d j t (n~ j u mat the sou t b
end at' the hU1Jdin~ into.q FJtness ('entr,y',
PhvslcA] FitnFsS
1 san p s S f~ n t j .'-1 ] P <'I r t (J f "E \' e r y h 0 di f' c.; '0 J i fe,
~>: ( r (' i s p h a c~
TlO E1Q r
t ; ~'r I ) I' I '-'; ~ H 1<1
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2: 1'<-c>,'n1'n
l' c'" r (~ n f ! :;"\ r '(' j n f' ;..,
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m fl '-, t i'" l' S. he]~' h t n, .q (. h j n e s, f r e P h' f,i ~!' h t ::.:" p t (' .
:\loflS!' \..;jth the
P q 1l J !) lTl 1::' n 1, fit n p '-' S (' I .q s c; f" S \..' i I j he en n (1 11 c t p cJ t n he] p h' i t I)
f J p x i h j J :i iv, m 11 '-'; (' 11 1 a r S t r p n f?' r h, car d j c \" rl c:; C u :i .q r end 11 r.q n C' P, fl n Ii
n (' \' e lop tl ~ n P \<," t' r i end s h j p '-'; ,
:\ n () t f I P l' n d d e d f E' 2 t !! r' e ()j the p t' ('o~' ~.:; rl] ",.:) I J h p \<, ,"1 t p l' F .... n l' (. 1 ',::: f:
e J [l S c, p S 0 r f (: :' P d h:: the ~, '-'~ t (, r -, : rj J (, '-. {o {' ( t. t \ fl n d t h p "\1 ('.\ .
)" : \ (' !
i rl C' ; I 1 t:: 0 r f (-> r s ;.., F 011 J' (-+
i () n t j f:' f) P 1): n J h p ,c) ! (-' ,; t 0 ~) () I j i t. <,
h-h i,. h
J ~;
ldeEl
, for ".I E~ r i
! ( .: r};:< r) t s
\".-j ~ } J
T) !' ; 1- j ,,:; ,
1 Oh"e!' t'fi(' i
prohlems,
, ,
(l Y' 1 n J \1 r 1. e c;
]mjtir,~, Tfiof)iJit\.',
T h pH] Q' h J f PHi S (~ n :i n r ( . e fl t e r "j I I t d'. 11 S PH.?, t h S:), () () n i 0
pllrchF~C:;p p1 pees of eqll i pment needed for thE" Fi tness Cent.er
hnd proC'rams.
Enclosed JS A Prog'rBm Persppct.j\"e of what we ""ill
he 0 f fer i n 2; too II r p R r tic i p 1:-1 n t san d v...' /1;..1 t t Y P e 0 f e q 11 i pm p n t 1 S
needed.
EXHIBIT "A"
CDBG PR)R)SAL APPLICAT:r~.
Developnent Department
Page -3-
v. ProPosed Proiect Bu&;Jet (Please ~lete 1\ODlicable Items Only)
a) Administration
salaries ani Frirge Benefits: $ 6,000
SUWlies: $ 200
Professional Services: $
Travel/Conferences/Seminars : $
utilities: $
Insurance : $
Office Equiprent: $
other: $
b) Construction $
c) ED;Jineerirg am Design $
d) ram Acquisition $
e) Planni.rg Activities $
f) Rehabilitation Activities $
g) other: Exercise Equipment $ 20,000
Total Project O:>st: $ 26,200
(For construction, erqineerirg am design, lard acquisition am
rehabilitation activities only.)
Fstilnator:
Fstilnator's Qualifications:
h) Identifv other furding sources: Identify canmitments or ~lica-
tions for :furds fran other sources to impleJlelt this activity. If
other :furds have been awroved, attach evi~ of canmitment.
source of Funds
Fundi.Jq 1\m:mnt
Date Available!
Oakland Athletics Foundation $ 5..000 Application Submitted May 1991
T,~yprpn('p Wpl k ti'nllnCh1t,i nTI $ I) ..1)00 Application Submitted May 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 previC:W;ly furrled with COB; :furds? Yes_ No_ 1991
If YES, irrlicate the year (s) in which (DB:; :furds were received
am the grantirg entity:
j) If you have never received (Doo furding, provide evi~ of art:!
previoos ~ience with other federally furrled programs (use
additional sheets if necessary) :
EXHIBIT "B"
DEVEWHo!ENl' DEPARIMENl' OF THE
CITY OF SAN BERNNmDD
cnJMUNITY DEVEIDHo!ENl' BIDCK GRAN!'
PROGRAM RBJUIREMENl'S
for
SUBRECIPIENrS
1. SUpplemental Infonnation for SUbrecipient
As a successful applicant of the City of San Bernardino FY 1991/1992
Community Development Block Grant (COB:;) Program, you are not only
agreeing to provide the services as stated in your application, but also
to abide by the COB:; Program requirements am responsibilities. To
further assist you in urrlerstanling said requireJnents am responsibili-
ties, the following summaries am attachments have been prepared to
introduce to or update you on each item. Additionally, this
instructional package will reauire your governing body designated
official to read and sign his/her signature as part of the COB:;
agreement.
2. Month! v Reauest for Reimbursement
Deadline: Due the fifth (5th) day after end of each calendar IOOnth
unless otherwise stated in the CDBG agreement.
Include the following:
a) One (1) completed Request for Reimbursement fonn.
b) One (1) copy of all checks issued that are being reimbursed.
c) One (1) copy of all bills/receipts that support check(s) issued.
d) One (1) copy of all payroll check(s) that are being reimbursed.
e) One (1) copy of all check stubs, accounting ledgers, aro;or other
documentation that reflect gross salcu:y ani all deductions for each
check(s) issued.
f) One (1) page narrative describing activities urrlertaken during the
month included for reimbursement.
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 incurred within the scope of
the executed agreement am that the subrecipient continues to comply with
the tenns am corxlitions of the COB:; agreement. (Generally, invoices are
processed within ten (10) days of receipt of same.) '!he City reserves
the right to defer processing of invoices am withhold payments until all
required reports, statements, aro;or certificates have been submitted
and, where necessalY, approved.
lab: 3025
Rev. 6/11/91
-1-
CDOO PROGRAM RBJUIREMENl'S
Fiscal Year 1991/1992
EXHIBIT "e"
g) All accountirg records am evidence pertainirg to all costs of each
subrecipient am all documents related to the COB:; agreement shall be
retained am available for three (3) years followi.n:.;J the c:x:mpletion
of the furxied program.
h) Each subrecipient agrees to allow the City of San Bernardino
Conununi. ty Development Department to audit the furrled program as part
of its annual audit of all COB:; funds pursuant to federal regulations
set forth in Title 24 of the Ccxie of Federal Regulations.
3. ReportslRePortinq Requirements and ReoordsJReoord Keepinq Requirements
While staff realizes that report writirg am record-keepirg are not the
lOOSt desirable aspects of any program, it is one vehicle that provides a
measure of program progress am accomplishments. 'lhus, all subrecipients
participating in the COB:; Program are reauired to provide the City of
San Bernardino Development Department with written reports of its
activities on or before the tenth (10th) day of October, JanuaJ:y, April
am July of any given program year for the previous three (3) lOOnth
period in addition to a final report when the agreement tenninates. All
reports shall include infonnation on program activities, accomplishments,
new program infonnation am current program statistics on experrlitures,
case loads am activities of the reportirg period.
Each subrecipient is also required to maintain monthly records of all
etlmic am racial statistics of persons am families assisted by its
program(s). This monthly record shall include data on the number of low
am moderate income persons am households assisted, (as detennined by
federal income limits), number of female-headed households, am number of
senior citizens assisted. As mentioned earlier, each subrecipient is
required to keep all accountirg records am evidence pertainirg to all
costs for three (3) years followirg COllpletion of the furrled program.
4. Quarterly Reports
Deadlines: october 10 -- for period covering July 1, to September 30, of
program year.
January 10 -- for period covering October 1, to DecEmber 31,
of program year.
April 10 -- for period covering January 1, to March 31, of
program year.
July 10 -- for period covering April 1 to June 30, of program
year .
Include the followirg:
a) One (1) completed Activity Report (form number 802).
b) One (1) ~ted Direct Benefit Report (form number 045 (a) .
lab: 3025
Rev. 6/11/91
-2-
CDBG PR)GRAM ~UIREMENl'S
Fiscal Year 1991/1992
e) One (1) COll'pleted Contract am SUbcontract Activity Report (fonn Gm
2506-006) . (For construction projects only.)
It is the responsibility of the subrecipient to prepare am submit the
required reports by the above stated deadlines in order to keep City
staff infonned of any changes to the furrled program(s).
5. Proqram Mom toring
One of the City's responsibilities is to monitor each subrecipient at
least once a year. Not only are the monitoring visits interned to ensure
each agency's continued compliance with COB; requirements, but also serve
as an opportunity for City staff to becane more knowledgeable of each
agency's program(s). '!he monitor~ visits also serve as an opportunity
to provide information to other City staff, the Mayor am COrrnTon Council
arrl other interested persons.
Listed below is typical information City staff will be seeking,
observations that might be made, am items we may wish to review:
a) '!he aCCOlTplishment(s) of the program(s) to date.
b) Whether or not program objectives are be~ met.
e) That the interned client group is be~ served.
d) '!he number of people on staff.
e) '!he existence am maintenance of client files.
f) Assistance City staff can provide.
In addition to monitor~ each agency once a year, the City of San
Bernardino Developnent Department reseIVes the right to have its internal
auditor conduct an onsite audit of the program as part of the its annual
audit of all CO~ :furrls pursuant to Federal Regulations.
Although the tenns "monitor~" arrl "audit" may appear somewhat
fonnldable, please be assured that your agency will be notified in
advance of any request for a monitor~ visit. Also, please be advised
that representatives from HOD Il'Onitor the COB; program every year. Olr~
HOD visit (s), they may wish to monitor one (1) or Il'Ore of the City's
subrecipients. If your agency should be selected, you will be notified in
advance in order to arrange a mutually convenient time.
6. Program Budqet
Another required element of your COB; agreement with the City is the
program budget. Please submit an upjated line item budget reflect~
your approved CO~ allocation. Also, include a copy of your overall
program budget with a summa.t:y of your furrling source (s) arrl the total
agency budget. '!he COOO portion of your total program or agency budget
should be identifiable.
In past years, several agencies have raised questions regardi.rXJ minor
budget modifications or adjusbnents. Staff realizes that the awroved
budget may require minor adjustments dur~ the life of the program am
request that you discuss proposed changes with Developnent Department
staff.
lab: 3025
Rev. 6/11/91
-3-
CDBG PR)GIW( ~
Fiscal Year 1991/1992
Again, please be remirrled that capital or non-experrlable equipment is not
to be purchased with COOO:f\.m3s. If you need to acquire such equipment,
please discuss it with Development Department staff.
7. Purchase of Personal ProDertv or Eauipnent (Read section "13" of the CDBG
~eement
All tangible personal property havin] a useful life of more than one (1)
year ani an acquisition cost of three hurrlred dollars ($300.00) or more
per unit shall be subject to the requirements of the Property Management
Starrlards specified in 24 CPR, Part 85. 32, "Corraoon Rule".
8. Procedures
a) All equipment am property purchased in accordance with the above
starrlards shall be identified as "Federal Property-HUO", (include
your internal Identification Number). Identification may be achieved
by taggirg or engravin] the property or by any method that will
result in property Identification Number bein] pennanently affixed.
b) Maintain a separate record of all such equipnent am property.
Infonnation shall include:
-Name/Description
-Serial Number
-Identification Number
-Date Purchased
-Purchase Price
-COrxlition (i.e., excellent/good/fair/poor)
-characteristics (i,e., color/features, etc.)
-Fhysical location (i.e., address/office/room, etc.)
c) SUbmit an inventory listing to the City of San Bernardino Development
Department each year errli.m June 30. Said listing is to be su1:ani.tted
by Jill Y 10 followirg the end of the year. '!he list should include all
the infonnation listed urrler item "b" above.
d) A written request must be su1:ani.tted to the City of San Bernardino
Development Department for any approved purchases that are not in the
originally approved budget (see agreement). Written authorization
must be obtained from the Development Department by subrecipient
prior to the purchase of any equipment, whether or not said equipment
was included in the agency's original budget.
e) It is the responsibility of the subrecipient to maintain and repair
all property an:l equipment purchased with com :f\.m3s. It is also the
responsibility of the subrecipient to identify all purchased
equipment and property with tags or engravirg, am to supply same.
9. Fiscal Accountincr and Audit Documentation
'!he City of San Bernardino Development Department requires each agency to
observe and comply with all aCCOlmtirg roles am audit procedures as set
lab: 3025
Rev. 6/11/91
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CDBG PROGRAM RBJUIREMENl'S
Fiscal Year 1991/1992
forth in the COEG agreement. '!he follCMirg is a brief description of the
nost prominent requirements:
a) As a participant in the City of San Bernardino COoo Program, each
subrecipient agrees to keep all :furrls received fran the City separate
from any other sources of furxtirg.
b) Each subrecipient also agrees to keep records of all :furrls received
from the City of San Bernardino in accordance with the procedures set
forth in the "Agreement Accounting arrl Administrative Harrlbook". A
copy of the Harrlbook is attached.
10. certification and Assurance
Attached is a copy of the Certification am Assurance fom to be prepared
am signed by the designated governing official(s) of the subrecipient
agency. 'Ibis document is to be attached to the COEG agreement am shall
become part of the governing requirements.
lab: 3025
Rev. 6/11/91
-5-
CDoo ~ ~UIREMENl'S
Fiscal Year 1991/1992
DEVEIDPMENl' I>EPARD!ENI' OF THE
CITY OF SAN BERNNmIK>
"certification and Assurance"
(To Acocq>any CDoo ~t)
I,
(Name and Title of Official)
of the
(Name of Agency/Organization)
located at
do hereby make the followin:] certification and assurance to accon-pany the
Camunity Development Block Grant Agreement between
(name of organization) am
the city of San Bernardino:
a) Certify that the infonnation booklet for CO~ Program requirements has
been read and urrlerstood; and
b) Assure that the (name of Agency)
will comply with all governing requirements as stipulated herewith in the
performance of the COg; Agreement.
~.
Dated:
th7A/
/ /
ture of Official)
Dev~'~ Representative
Dated:
~7/?/
lab: 3025
Rev. 6/11/91
lab: 3025
Rev. 6/11/91
-6-
CDoo PROGRAM RBJUIREMENl'S
Fiscal Year 1991/1992