HomeMy WebLinkAbout1991-253
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RESOLUTION NUMBER 91- 253
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RESOLUTION OF THE ~YOR AND OOMMON (l)~L OF THE CITY OF SAN BEmmRDIH)
2 AUTHORIZDG AND DIRECTDG THE EXECUTION OF A CXlMMUNITY DEVEIDPMENl' BIDCK GRAN!'
FtlNDDG ~ BETWEEN THE CITY OF SAN BERNMIDDD AND THE DSTER SEAL
3 SOCIETY .
4 BE IT RESOLVED BY THE ~YOR AND OOMMON (l)~L OF THE CITY OF SAN
BERNMIDDD AS FOLIDWS:
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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 Canununity
Development Block Grant funding with FASTER SEAL SOCIEI'Y, 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
Conununity Development Block Grant funds in the following amol.mt of $12,000.00.
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 CERrIFY that the foregoing resolution was duly adopted by the
Mayor and Connnon Council of the City of San Bernardino at a
regular
meeting thereof, held on the 17th day of
vote, to wit:
June
1991 by the following
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RESOLUTION OF THE CITY OF SAN BERNlUIDIR> AUTHORIZING THE EXECUTION
OF A a>BG ~ BETWEEN CITY AND ~ SDL SOCIETY
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council Members
ESTRADA
AYES ~YS
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ABS'l2UN
REILLY
HERNANDEZ
MAUDSIEY
MINOR
K>PE-WDIAM
MII1.ER
0(~ :t;~~ ^~~
City C erk v
The foregoing Resolution is hereby approved this 19thday of June
1991.
---r-. /1i
/~ .U~
T6M MINOR, . MAYOR PRO TEMPORE
City of San Bernardino
~../u;. f//~~S-J
~gBI;I;~I;~T
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'!HIS AGREEMENT is entered into effective as of this 17 t h day of
June ,1991, at San Ben1ardino, California, between the CITY OF SAN
BERNARDmo, a municipal corporation, referred to as "City", and FASTER SEAL
SOCIETY, a nonprofit connnunity service organization, referred to as
"SUbrecipient". city and subrecipient agree as follows:
1. Recitals.
(a) SUbrecipient has requested financial assistance from City for
fiscal year 1991/1992 from funds available through the Connnunity 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 replacement of three ( 3) heating/air-corxlitionina units
that are more enercw efficient and will provide a healthier envirornnent for
clients, which are valid and eligible conununity development purposes, as de-
fined 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 services 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 unifonn 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 CPR,
Part 570, with the following exceptions, (i) the SUbrecipient does not assume
the envirornnental responsibilities of the Grantee as described in 24 CPR,
Part 570.604, and; (ii) the SUbrecipient does not assume the Grantee's
responsibilities for initiating the review process under Executive Ordert
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EXHIBIT "I"
1 NUmber 12372.
2 (e) SUbrecipient will comply with the requirements set forth in the
3 Unifonn Relocation Assistance and Real Property Acquisition Policy Act of
4 1970, as amerrled, ('URA), 49 CFR, Part 24 in accordance with federal
5 regulations when attempting to or acquiring any building or parcel of land.
6 Subrecipient will be required to obtain written approval from the Executive
7 Director of the Development Deparbnent prior to any activity taking place
8 within the confines of URA 49 CFR, Part 24, as amerrled.
9 2. Pavments.
10 City shall rei1nburse SUbrecipient for allowable costs incurred under
11 the scope of this Agreement and applicable Federal regulations, which have
12 not been paid for or reimbursed in any other manner by any other Agency or
13 private source of funding. Reimbursement will be made at least on a monthly
14 basis, with the total of all such reimbursements not to exceed $12.000.00.
15 3. Tenn.
16 This Agreement shall camnence Julv 1. 1991. and tenninate June 30,
17 1992.
18 4. Use of Funds: Budqet: Travel Limitation.
19 (a) The funds paid to SUbrecipient shall be used by it solely for
20 the purposes set forth in Paragraph l(b) of this Agreement, and in accordance
21 with the program budget submitted by SUbrecipient to the City of San Bernar-
22 dino Conununity Development Deparbnent, a copy of which is attached to this
23 Agreement as Exhibit "B". This budget shall list all sources of funding for
24 the program covered by this Agreement, whether from state, Federal, local or
25 private sources, and shall identify which sources are paying for which speci-
26 fie portions of the program, by line-item, to the extent practicable.
27 (b) No travel expenses for out-of-state travel shall be included in
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this program unless specifically listed in the budget as submitted am ap-
proved, am all travel expenses to be funded from fl1ms provided hereunder
shall be specifically identified as travel expense, which shall be negotiated
between the City of San Bernardino Development Department 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
Department of the City of San Bernardino, or designee, has been obtained.
(c) F\n'rls shall be used for purposes authorized by the Connnunity
Development Block Grant Program only, am no portion of the fl1ms 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 errployee' s pay
for taxes, social security, or other withholding and not inunediately 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 Department, such expenses shall be regarded as an allowable cost,
am the City shall reimburse SUbrecipient for such obligation.
(e) SUbrecipient shall be allowed, with the prior written approval
of the Development Department 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 CQlli)liance with Section "2" of this Agreement at the
time of submission of the budget modification request. A variation in the
itemization of costs, as set forth in the proposed budget submitted to City,
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not to exceed ten percent (10%) as to any particular line item, shall be
allowed, provided that the prior written approval of the Executive Director
of the Development Development of the City of San Bernardino is obtained, it
being urrlerstood that the total amount of the grant shall not be varied
thereby .
(f) The parties intend that grant funds be utilized within the time
period covered by this Agreement, am entitlement to any funds not experrled
or obligated shall revert to the City. No reserve for the future shall be
established with the funds except as may be authorized to meet conunitments
made for services provided during the period of this Agreement, but not yet
paid for at the conclusion of this Agreement.
(g) SUbrecipient shall remain in compliance with all state, federal
am local laws prior to the receipt of any reimbursement hereurrler. This
includes, but is not limited to, all laws am regulations relative to the
fonn of organization, local business licenses am any laws am regulations
specific to the business am activity carried out by SUbrecipient. Reimburse-
ment shall not be made to SUbrecipient which is not operating in compliance
with all applicable laws. Reimbursements may be subsequently paid, at the
discretion of the Executive Director of the Development Deparbnent for
reimbursement costs incurred during the period when compliance is achieved
before expiration of this Agreement.
5. Acoountinq; Audit.
(a) Prior to the final payment urrler this Agreement, am at such
other times as may be requested by the Executive Director of the Development
Deparbnent of the City of San Bernardino, SUbrecipient shall submit to the
Director an accounting of the proposed am actual expenditures of all
revenues from whatever source accruing to the organization for the fiscal
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year endirg Jl.U1e 30, 1992.
(b) Financial records shall be maintained by SUbrecipient in accord-
ance with Generally Accepted Accounting Principles, and in a manner which
permits City to trace the expenditures of funds to source documentation. All
books and records of SUbrecipient are to be kept open for inspection at any
time during the business day by the City, its officers or agents, and by any
representative of the united states of America authorized to audit canununity
development block grant programs.
(c) Standards for financial management systeJns and financial report-
ing requirements established by 24 CFR, Parts 85.20 and 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 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, and SUbrecipient
shall assure that they are used solely for authorized purposes.
6. services Available to Residents; MoDi torina and ReDortina Program
Performance .
'!he services of SUbrecipient shall be made available to residents and
inhabitants of the City of San Bernardino unless otheJ:Wise 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 errployment practices. SUbre-
cipient shall also monitor the program's activities and submit written re-
ports quarterly, or more often if requested, to the Executive Director of the
Development Deparbnent of the City of San Bernardino, in accordance with 24
CFR, Part 85.41(c) (d) and Part 85.21. Failure to provide such quarterly
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1 perfonnance reports may prevent the processing by City of SUbrecipient' s
2 requests for rei1nbursement, am may justify temporary withholding as provided
3 for in Paragraph "11" hereof. City reserves the right to waive such breach,
4 without prejudice to any other of its rights hereunder, upon a firxting by the
5 Executive Director of the Development Department that such failure was due to
6 extraordinary circumstances and that such breach has been timely cured
7 without prejudice to the City.
8 7. Procurement Practices; COnflict of Interest.
9 SUbrecipient shall comply with procurement procedures am guidelines
10 established by 24 CFR, Part 85.36 (d) (1), SUbrecipient "Procurement
11 Standards". In addition to the specific requirements of 24 CFR, Part 85,
12 SUbrecipient shall maintain a code or standards of corrluct which shall govern
13 the perfonnance of its officers, employees or agents in contracting with and
14 expenting the federal grant funds made available to SUbrecipient under this
15 Agreement. SUbrecipient's officers, employees or agents shall neither solicit
16 nor accept gratuities, favors, or anything of monetary value from contractors
17 or potential contractors. 'Ib the extent pennissable by state law, roles, and
18 regulations, the standards adopted by SUbrecipient shall provide for
19 penalties, sanctions or other disciplinary actions to be applied for
20 violations of such standards by either the SUbrecipient' s officers, employees
21 or agents, or by contractors or their agents. SUbrecipient shall provide a
22 copy of the code or standards adopted to City forthwith. All procurement
23 transactions without regard to dollar value shall be corrlucted in a manner so
24 as to provide maximum open and free ~tition. '!he SUbrecipient shall be
25 alert to organizational conflicts of interest or non-cc::nrpetitive practices
26 among contractors which may restrict or eliminate ~tition or otherwise
27 restrain trade. SUbrecipient agrees to adhere to conflict of interest
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provisions set forth in 24 CFR Section 570.611 am to the procurement roles
specified in 24 CFR, Part 85.36, in its expenditure of all funds received
under this Agreement.
8. Anti-Kick Back Provisions; Eaual EmDlovment 0DD0rtuni. tv.
All contracts for construction or repair using funds provided under
this Agreement shall include a provision for compliance with the Copelam
"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-
played in the construction, completion or repair of public work, to give up
any part of the compensation to which he/she is otheIWise 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 usirg funds
provided under this Agreement shall contain a provision requirirg COIl'pliance
with Equal Errployment Opportunity provisions established by Executive Order
Number 11246, as cunerned.
9. Prevaili.nq Waae Reauirement.
Any construction contracts awarded by SUbrecipient using funds
provided under 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))
am as supplemented by Department of labor Regulations (29 CFR). Umer this
Act, contractors shall be required to pay wages to laborers am 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 am the award of a contract shall be comitioned upon
the acceptance of the wage detennination. SUbrecipient shall report all sus-
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1 pected or reported violations to City.
2 10. ADDroval of Ci tv of any Cha.r9es; Use of Proaram Inoane.
3 (a) City hereby requires SUbrecipient to notify the City, in writing,
4 of its intent to charge a fee for any service, the provision of which is
5 assisted pursuant to this Agreement. City requires SUbrecipient to obtain
6 the prior written approval of City for any charges or fees to be charged by
7 SUbrecipient for such services, and of any rules and regulations governing
8 the provision of services hereunder.
9 (b) Program income represents gross income received by the
10 SUbrecipient directly generated from the use of funds provided hereunder.
11 SUch earnings include interest earned on advances and may include, but will
12 not be limited to, income from service fees, sale of commodities, usage and
13 rental fees for real or personal property using the funds provided by this
14 Agreement. As to such income, it shall be first applied to eligible program
15 activities, before requests for reimbursement and, in the use, shall be
16 subject to all applicable provisions of this Agreement. Income not so
17 applied shall be remitted to City. SUbrecipient shall remit all unspent
18 program income to the City within thirty (30) days subsequent to the end of
19 the program year (June 30, 1992).
20 11. TemDOrarv withholdincr.
21 '!he Executive Director of the Development Deparbnent of the City of
22 San Bernardino is authorized to temporarily withhold the payment of funds to
23 SUbrecipient when the Director detennines that any violation of this
24 Agreement has occurred. F\1rrls shall be withheld until the violation is
25 corrected to the satisfaction of the Executive Director. SUbrecipient shall
26 have the right to appeal the decision of the Executive Director to the Mayor
27 and Connnon Council. '!he sole grounds for such appeal shall be that no
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violation of the Agreement has occurred. SUbrecipient shall file such appeal
within fifteen (15) days after such first withholding. '!he 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, am all
other records pertaining to the use of the ftmds provided unier this Agree-
ment shall be retained by SUbrecipient for a pericx:l 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 am audit findings involving the re-
cords, have been fully resolved. Records for non-experrlable property acqui-
red with federal ftmds provided under this Agreement shall be retained for
three (3) years after the final disposition of such property.
13. ProDertv Ma.naqement standards.
Non-experrlable personal property, for the purposes of this Agreement,
is defined as tangible personal property, purchased in whole or in part with
federal ftmds, which has useful life of more than one (1) year am an acqui-
sition cost of one-thousani dollars ($1,000.00) or more per unit. Real
property means lam, including lam improvements, structures am appurten-
ances thereto, excluding movable machinery am equipment. Non-experrlable
personal property am real property purchased with or improved by ftmds pro-
vided unier this Agreement shall be subj ect to the property management stan-
dards set forth in 24 CFR, Part 85.32.
14. Termination for cause.
(a) City resaves the right to tenninate this Agreement in accordance
with 24 CFR, Part 85.43, am any am all grants am future payments under
this Agreement, in whole or in part, at any time before the date of
co.rrpletion of this Agreement whenever City detennines that the SUbrecipient
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1 has materially failed to comply with the tenns ani conlitions of this
2 Agreement. In the event seeks to tenninate this Agreement for cause, city
3 shall pranptly notify the SUbrecipient in writing of the proposed tennination
4 ani the reasons therefore, together with the proposed effective date. SUbrec-
5 ipient shall be given an opportunity to appear before the Mayor ani Cammon
6 Council at the time at which the Mayor and Cammon Council are to consider
7 such reconnnerrled tennination, ani shall be given a reasonable opportunity to
8 show cause why, if any exists, the Agreement should not be tenninated for
9 cause. Upon detennination by the Mayor and Cammon Council that the contract
10 should be tenninated for cause, notice thereof, including reasons for the
11 detennination, shall pranptly be mailed to the SUbrecipient, together with
12 infonnation as to the effective date of the tennination. SUch notice may be
13 given orally at that hearing. '!he detennination of the Mayor ani Cammon
14 Council as to cause shall be final.
15 (b) In the event of any tennination whether for cause or for
16 convenience, SUbrecipient shall forthwith provide to the Development Deparbn-
17 ent any and all documentation needed by the Development Department to
18 establish a full record of all nnnies received by SUbrecipient ani to docume-
19 nt the uses of same.
20 15. Tenni.nation for Convenience.
21 City or SUbrecipient may tenninate this Agreement in whole or in part
22 provided both parties agree that the continuation of the project would not
23 produce beneficial results commensurate with further experrliture of furxls. In
24 such event, the parties shall agree upon the tennination conlitions,
25 including the effective date and, in the case of partial tenninations, the
26 portion to be tenninated. The SUbrecipient shall not incur new obligations
27 for the tenninated portion after the effective date ani shall cancel as many
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outstarrling obligations as possible. City shall allow SUbrecipient full
credit for the City I s share of the non-cance1lable 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 ani all COR; :f\.m:ls not used at
the time of expiration ani any accounts receivable attributable to the use of
COR; :f\.m:ls. SUbrecipient agrees that any real property under its control,
which was acquired or improved, in whole or in part, with COR; :f\.m:ls 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 expenditure of, or
improvement to, the property by SUbrecipient. SUch reimbursement is not
required after the period of time specified in "i" above.
17. Hold Hannless.
SUbrecipient agrees to indemnify, save ani hold harmless the City and
the Development Department ani their employees and agents from all
liabilities ani charges, expenses (including COl.U1Sel fees), suits or losses,
however cx:::curring, or damages, arising or growing out of the use of or
receipt of :f\.m:ls paid under this Agreement ani all operations under this
Agreement. Payments under this Agreement are made with the understanding
that the City ani the Development Deparbnent are not involved in the
perfonnance of services or other activities of the SUbrecipient. SUbrecipient
ani its employees ani agents are independent contractors ani not employees or
agents of City ani the Development Department.
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1 18. 1wendment.
2 '!his Agreement may be amended or modified only by written agreement
3 signed by both parties, and failure on the part of either party to enforce
4 any provision of this Agreement shall not be construed as a waiver of the
5 right to compel enforcement of any provision or provisions.
6 19. Assiamnent.
7 '!his Agreement shall not be assigned by SUbrecipient without the
8 prior written consent of City.
9 20. NOtices.
10 All notices herein required shall be in writing and delivered in
11 person or sent certified mail, postage prepaid, addressed as follows:
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As to City:
As to SUbrecipient:
Executive Director
Development Department
City Hall, Fifth Floor
300 North "0" street
San Bernardino, Calif. 92418
Brian Bast, Executive Director
Easter Seal Society
241 East 9th street
San Bernardino, Calif. 92410
21. Evidence of Authori tv.
SUbrecipient shall provide to City evidence in the fonn of a
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 comply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully
set forth at length and made a part of this Agreement by execution of all
certifications and assurances of the COOO program.
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1 23. Entire ~t.
2 This Agreement am any document or instnnnent attached hereto or
3 referred to herein integrates all tenus am corxlitions mentioned herein or
4 incidental hereto, am supersedes all negotiations am prior writing in
5 respect to the subj ect matter hereof. In the event of conflict between the
6 tenus, corxlitions or provisions of this Agreement, am any such document or
7 instnnnent, the tenus am corxlitions of this Agreement shall prevail.
8 24. No Third Part Beneficiaries.
9 No third party shall be deemed to have any rights hereunder against
10 any of the parties hereto as a result of this Agreement.
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FY 1991/1992 CDBG ~ BETWEEN CITY AND
DSTER SDL SOCIETY
DEVEIDmEN1' DEPARDfEN1' OF T
CITY OF m\N BERW\RI)lK)
am IrorofmL APPLICATICIf
n 1991/1992
luil" 1\ I &I J~
' 37.. L)/h
,
SCOPE OF SERVICES
'ro17U, >>DONI' RB2UESTED: $ 12, 000
Proposal No: pk ~ &'
Date Recv'd:
Answer all questions which are awlicable to your project as specifically
as possible and attach the required documentation.
I. General Infonnation
Name of Organization: Easter SEal Society of the Inland Counties
Address: 241 East Ninth Street
San Bernardino
Zip Code: 92410 TeleIOOne Number: (714 ) 888-4125
contact Person: Bri an Bast
Title: Chief Executive Officer
Federal Identification Number/SOCial Security Number (non-profit
corporation): _ Q5- J Ql;7Ql?
II. Proieot Description (Check ~licable Cateqory)
_ Real Property Ao:;luisition
_ Capital Fquipnent Acquisiticn
_ Plannin:.l1stu1i.es
Public Facilities (construction)
Public services
...L Rehabilitaticm/PreSer-
vatioo
other (if check, ex-
- plain in space below)
other:
a) Nc~ of Project: F~~tpr SFal Sorip-ty Building
Location of Project: /41 F~~t Ninth Strp-p-t
~~ Tract(s) and/or Block Group(s): All of S~n Rprnardino City
HiFtoric Preselvation: Is there any known ard1aelogica1 or
historical significance of the strocture, site or area within
one-half (1/2) mile fram project site? If so, explain: NO
b) Provide a detailed description of the proposed project by
describirq precisely what is to be accanplished with the
requested :flm:1s. (Attach additional sheets, if necessary):
Rprl~rp thrp-p hp-ating-rooling units that are over twenty
yeQrs olrl Plp~~p ~pp attarhmpnt for details.
EXHIBIT "A"
CDBG POO.IamL.. APPLI-cA""'Cti
Developnent Departmen
Page -3-
v. Prooosed Project Bu&:ret (Please OaII>lete 1\DDlicable Items only)
a) Mministration
Salaries anI Fri.rqe P.enefi ts: $
SUpplies: $
Professional sexvices: $.
Travel/Conferences/seminars : $
utilities: $
Insurance: $
Office F.quipment: $
other: $
b) COnstruction $
c) Ergineeri.rq anI Design $
d) Iarxi Acxpisition $
e) PlanniIg Activities $
f) :Rehabilitation Activities $ l?IOOO
q) other: $
Total Proj ect COst: $ l?IOOO
(For construction, eI'X]ineeri.rq arrl design, lard acquisition ard
rehabilitation activities only.)
Estimator: Kent ~aker. Wrights Mfg.. Co . Coltonr CA
Estimator's Qual~fications: Contrac:tor~ I ic:pn~p #174~40
h) Identify other ~ soorces: Identify cxmnitJIents or applica-
tions for furrls fran other soorces to i.nplement this activity. If
other furrls have been awroved, attach evidence of cxmni'boont.
Source of Funds
FundiM Jm:nmt
$ 568-1136
$
$
Date Available
Southern California Edison
Several months
after work IS completed
i) Was this project previously furxled with <DEG :flmis? Yes_ No-X-
If YES, in:ticate the year (s) in which com :flmis THere received
am the granti.rq entity:
j) If you have never received com furrli.n;J, provide evidence of any
previous experience with other federally furxied Procp:dJl~ (use
additional sheets if necessary):
N/A
a
EXHIBIT "B"
DEVELOPMENl' I>EP.ARD!ENI' OF THE
CITY OF SAN BERN1\RJ)lH)
OOMMUNITY DEVELOPMENl' BIDCK GRAN!'
~~
for
SUBRECIPIENrS
1. 8uP{:>lemental Infonnation for SUbrecioient
As a successful applicant of the City of San Bernardino FY 1991/1992
Conununity Development Block Grant (CDOO) Program, you are not only
agreein:j to provide the services as stated in your application, but also
to abide by the coa; Program requirements ani responsibilities. To
further assist you in understarxii.n:J said requirements am responsibili-
ties, the followin:j surrnnaries am attaclnnents have been prepared to
introduce to or update you on eadl item. Additionally, this
instructional package will reauire yoor govemin:J body designated
official to read and sign his/her signature as part of the coa;
agreement.
2. Month! y Recruest for Reimbursement
Deadline: Due the fifth (5th) day after end of each calendar month
unless otherwise stated in the COBG agreement.
Include the followin:j:
a) One (1) COll'pleted Request for Reimbursement fom.
b) One (1) copy of all checks issued that are bein:j 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 be~ reimbursed.
e) One (1) copy of all check stubs, accountin:j ledgers, an:Vor other
documentation that reflect gross salary am all deductions for each
check(s) issued.
f) One (1) page narrative describ~ activities undertaken 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 and that the subrecipient oontinues to comply with
the terms and con:iitions of the ma; agreement. (Generally, invoices are
processed within ten (10) days of receipt of same.) '!he City reserves
the right to defer processin:j of invoices am withhold payments until all
required reports, statements, an:Vor certificates have been submitted
ani, where necessary, approved.
lab: 3025
Rev. 6/11/91
-1-
CDBG ~ 1mJUIREMENl'S
Fiscal Year 1991/1992
EXHIBIT "c"
g) All accountirg records ani evidence perta~ to all oosts of each
subrecipient arrl all documents related to the COB:; agreement shall be
retained am available for three (3) years followirg the conq:>letion
of the furxied program.
h) Each subrecipient agrees to allow the City of San Bernardino
Community Development Deparbnent 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 Code of Federal Regulations.
3. Reports/RePOrtinq Reauirements and Reoords/ReOOrd Keepincr Reauirements
While staff realizes that report writing an:i record-keepirg are not the
lOOSt desirable aspects of arrj program, it is one vehicle that provides a
measure of program progress am accomplishments. 'Ihus, all subrecipients
participating in the COB:; Program are required to provide the City of
San Bernardino Development Deparbnent with written reports of its
activities on or before the tenth (loth) day of October, January, April
am July of any given program year for the previous three (3) oonth
period in addition to a final report when the agreement tenninates. All
reports shall include information on program activities, accomplishments,
new program information am current program statistics on experrlitures,
case loads arrl activities of the reportirg period.
Each subrecipient is also required to maintain monthly records of all
ethnic arrl racial statistics of persons an:i families assisted by its
program(s). '!his monthly record shall include data on the number of low
arrl mc:xierate incane persons am households assisted, (as determined by
federal incane limits), nmnber of female-headed households, am nmnber of
senior citizens assisted. As mentioned earlier, each subrecipient is
requirEd to keep all aCCOl.mtirg records am evidence pertainirg to all
costs for three (3) years followirg conpletion of the furrled program.
4. Quarter! v 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 Maroh 31, of
program year.
July 10 -- for period covering April 1 to June 30, of program
year.
Include the followirg:
a) One (1) conpleted Activity Report (fom nmnber 802) .
b) One (1) competed Direct Benefit Report (fom number 045 (a) .
lab: 3025
Rev. 6/11/91
-2-
COBG PBOGRAM RBJUIREMENrS
Fiscal Year 1991/1992
c) One (1) c.ortpleted 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 informed of arr:l changes to the funied program(s) .
5. Proqram Mom torinq
One of the City's responsibilities is to IOOnitor each subrecipient at
least once a year. Not only are the ronitoring visits interxied to ensure
each agency's continued compliance with CDoo requirements, but also serve
as an opportunity for City staff to became lTOre kn<:Mledgeable of each
agency's program(s). '!he lTOnitorirg visits also serve as an opportunity
to provide information to other City staff, the Mayor am Camron Council
am other interested persons.
Listed below is typical information City staff will be seeking,
obseI:vations that might be made, am items we may wish to review:
a) '!he accomplishment(s) of the program(s) to date.
b) Whether or not program objectives are being met.
c) That the interned client group is beirg served.
d) '!he mnnber of people on staff.
e) '!he existence ani maintenance of client files.
f) Assistance City staff can provide.
In addition to ronitorirg each agency once a year, the City of San
Bernardino Development Department resel:Ves the right to have its internal
auditor conduct an onsite audit of the program as part of the its annual
audit of all COOO furrls pursuant to Federal Regulations.
Although the tenns "ronitoring" ani "audit" may appear somewhat
fonnidable, please be assured that your agency will be notified in
advance of any request for a IOOnitoring visit. Also, please be advised
that representatives from HUD lTOnitor the CDoo program every year. OJrirg
HUD visit(s), they may wish to IOOnitor one (1) or rore 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. Proqram Budqet
Another required element of your CDoo agreement with the City is the
program budget. Please submit an up:1ated line item budget reflectirg
your approved COOO allocation. Also, include a copy of your overall
program budget with a summary of your furrling 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 regardirxJ minor
budget modifications or adjustJnents. staff realizes that the approved
budget may require minor adjustJnents durirg the life of the program ani
request that you discuss proposed changes with Developnent Department
staff.
lab: 3025
Rev. 6/11/91
-3-
CDBG P.ROGImM ~
Fiscal Year 1991/1992
Again, please be rerninied that capital or non-experrlable equipnent is not
to be purchased with COB:; furrls. If you need to acquire such equipnent,
please discuss it with Development Deparbnent staff.
7. Purchase of Personal Property or Eauianent (Read section "13" of the CDOO
~eement
All tangible personal property having a useful life of rore than one (1)
year am an acquisition cost of three hurrlred dollars ($300.00) or more
per unit shall be subject to the requirements of the Property Management
Standards specified in 24 CFR, Part 85.32, "Common Rule".
8. Procedures
a) All equipment am property purchased in accordance with the above
standards shall be identified as "Federal Property-HUO", (include
your internal Identification Number). Identification may be achieved
by tagging or engraving the property or by any method that will
result in property Identification Number beirg pennanently affixed.
b) Maintain a separate record of all such equipment am property.
Information shall include:
-Name/Description
-Serial Number
-Identification Number
-Date Purchased
-Purchase Price
-con:tition (i.e., excellent/good/fair/poor)
-<fulracteristics (i,e., color/features, etc.)
-Physical IDeation (i.e., address/office/room, etc.)
c) SUbmit an inventory listing to the City of San Bernardino Development
Deparbnent each year endim June 30. Said listing is to be sul:lnitted
by Jul v 10 following the end of the year. '!he list should include all
the information listed under item "b" above.
d) A written request must be sul:lnitted to the City of San Bernardino
Development Deparbnent for any approved purchases that are not in the
originally approved budget (see agreement). Written authorization
must be obtained from the Development Deparbnent by subrecipient
prior to the ~ 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 am equipment purchased with COB:; f'urrls. It is also the
responsibility of the subrecipient to identify all purchased
equipne.nt am property with tags or engraving, and to supply same.
9. Fiscal Accounting and Audit Doc\.unentation
'!he City of San Bernardino Development Deparbnent requires each agency to
observe and comply with all aCCOlUlting rules and audit procedures as set
lab: 3025
Rev. 6/11/91
-4-
CDBG PROGRAM RDJUIREMENrS
Fiscal Year 1991/1992
forth in the COOO agreement. '!he following is a brief description of the
l'OC>St prominent requirements:
a) As a participant in the City of San Bernardino COOO Program, each
subrecipient agrees to keep all :Eurx:Is recei ve:l fran the City separate
from any other sources of furrlirg.
b) Each subrecipient also agrees to keep records of all :Eurx:Is receive:l
from the City of San Bernardino in accordance with the procedures set
forth in the "Agreement Accounting am Administrative Hanfuook". A
copy of the Hanfuook is attached.
10. certification and Assurance
Attache:l is a copy of the Certification am Assurance form to be prepared
am signe:l by the designated governing official (s) of the subrecipient
agency. '!his document is to be attached to the COOO agreement am shall
become part of the governing requirements.
lab: 3025
Rev. 6/11/91
-5-
CDBG PROGlW( Im;2UIREMENrS
Fiscal Year 1991/1992
...
DEVEIDHo!ENl' DEP.AR1MEN1' OF THE
CITY OF SAN BERNMU)IK>
-
\
''Certification and Assurance"
(To Acoarrpany COOO 1V;lreement)
I Brian Bost, CEO
,
(Name and Title of Official)
of the Easter Seal Society of the Inland Counties
(Name of Agency/organization)
located at
241 E. Ninth Street, San Bernardino, CA
do hereby make the following certification an:i assurance to a~y the
Cammmity Developnent Block Grant Agreement between Easter Seal S-ociety
of the Inland Counties (name of organization) and
the City of San Bernardino:
a) Certify that the infonnation booklet for COB; Program requirements has
been read an:i umerstocxl; and
b) Assure that the Easter Seal Society of the Inland Countie~ of Agency)
will comply with all governing requirements as stipulated herewith in the
performance of the COB; Agreement.
~M
Development Department Representative
Dated:
June 26, 1991
Dated:
-'-l)-Q/
lab: 3025
Rev. 6/11/91
lab: 3025
Rev. 6/11/91
-6-
COOO PR:lGRAM ~UIREMENl'S
Fiscal Year 1991/1992