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RESOLUTION NUMBER 89-265
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO NEIGHBORHOOD HOUSING SERVICES, INC.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
section 1.
(a) The 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 the
San Bernardino Neighborhood Housing Services, Inc., which
agreement is attached hereto as Exhibit "1", and is incorporated
herein by reference as though fully set forth at length. The
agreement provides for the granting of Community Development
Block Grant funds in the following amount of $20,000.00.
(b) The authorizations to execute the above referenced
agreement is rescinded if the parties to the agreement fail to
execute it within sixty (60) sixty days of the passage of this
resolution.
19 I HEREBY CERTIFY that the foregoing resolution was duly
20 adopted by the Mayor and Common Council of the City of San
21 Bernardino at a regular
22 17th day of July
23 wit:
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meeting thereof, held on the
, 1989 by the following vote, to
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CDBG AGREEMENT BETWEEN CITY AND THE SAN
BERNARDINO NEIGHBORHOOD HOUSING SERVICES, INC.
AYES:
Councilpersons Estrada, Reilly, Flores,
Maudslev. Minor
NAYES:
NnnA
ABSENT:
rnlln~il MAmhArs Pope-Ludlam. Miller
~b!#c:l~~
/ City Clerk
The foregoing resolution is hereby approved this ~day of
July
, 1989.
Bernardino
Approved as to form
14 and legal content:
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City At ney .
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KJH/lab/3285
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Ag.B~~H~~~
of
THIS AGREEMENT is entered into effective as of thiso(~~ay
~ , 1989, at San Bernardino, California,
between the CITY OF SAN BERNARDINO, a municipal corporation,
referred to as "City", and SAN BERNARDINO NEIGHBORHOOD HOUSING
SERVICES, INC., (Infill Housing Program), a non-profit community
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 1989/1990 from funds available through
the Community Development Block Grant Program from the United
States of America to city.
(b) Subrecipient represents that the expenditures
authorized by this agreement are for valid and eligible com-
munity development purposes, as defined in 24 CFR, Part 570 in
accordance with federal law and regulations, and that all funds
granted under this agreement will be used for no purpose(s)
other than those purposes specifically authorized. The specific
purposes and scopes 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 uniform
25 administrative requirements, as described in 24 CFR, Part
26 570 . 502 .
27 EXHIBIT "1"
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(d) Subrecipient will carry out each activity, program
and/or project in compliance with all federal laws and regula-
tions as set forth in 24 CFR, Part 570, with the following
exceptions, (i) the Subrecipient does not assume the environ-
mental responsibilities of the Grantee as described in 24 CFR,
Part 570.604, and; (ii) the Subrecipient does not assume the
Grantee's responsibilities for initiating the review process
under Executive Order Number 12372.
2. PaYments.
City shall reimburse Subrecipient for allowable costs
incurred under the scope of this agreement and applicable
federal regulations, which have not been paid for or reimbursed
in any other manner by any other agency or private source of
funding. Reimbursement shall be made on a monthly basis, with
the total of all such reimbursements not to exceed $15.000.00
for public services and $5.000 for administration. for a total
of $20.000.00.
3. Term.
This agreement shall commence as of the date of execu-
tion by city and terminate June 30, 1990.
4. Use of Funds; Budqet; Travel Limitation.
(a) The funds paid to Subrecipient shall be used by it
solely for the purposes set forth in Paragraph 1(b) of this
agreement, and in accordance with the program budgets submitted
by Subrecipient to the City of San Bernardino Community Develop-
ment Department, copies of which is attached to this agreement
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as Exhibit "B".
These budgets shall list all sources of funding
for the programs covered by this agreement, whether from state,
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1 federal, local or private sources, and shall identify which
2 sources are paying for which specific portions of the programs,
3 by line-item, to the extent practicable.
4 (b) No travel expenses for out-of-state travel shall
5 be included in these programs unless specifically listed in the
6 budgets as submitted and approved, and all travel expenses to be
7 funded from funds provided hereunder shall be specifically
8 identified as travel expenses, which shall be negotiated between
9 the City of San Bernardino Community Development Department and
10 Subrecipient in the budgets. Any travel expenses incurred by
11 Subrecipient above the budgeted amount or for out-of-state
12 travel shall not be eligible for reimbursement unless the prior
13 written approval of the Director of Community Development of the
14 City of San Bernardino, or hiS/her designee, has been obtained.
15 (c) Funds shall be used for purposes authorized by the
16 Community Development Block Grant Program only, and no portion
17 of the funds granted hereby shall be used for any purpose(s) not
18 specifically authorized by this agreement.
19 (d) Only net payroll shall be periodically reimbursed
20 by City as an allowable cost. Reimbursement payroll shall
21 include those hours duly authorized by the appropriate authority
22 within Subrecipient's organization and, shall include funds
23 actually received by payee. Any amounts withheld by Subreci-
24 pient from an employee's paycheck for taxes, social security, or
25 other withholding and not immediately paid over to another
26 entity, shall not be included as wages or expenses eligible for
27 reimbursement as an allowable cost until such time as the
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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 Community Development Department,
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 Community Development Department of the
City of San Bernardino, to make changes in the budgets 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 modification request. A
variation in the itemization of costs, as set forth in the
budgets submitted to City by Subrecipient, not to exceed ten
percent (10%) as to any particular line item, shall be allowed
provided that the prior written approval of the Director of
Community Development of the City of San Bernardino is obtained,
it being understood 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, and entitle-
ment to any funds not expended or obligated shall revert to the
23 City. No reserve for the future shall be established with the
funds except as may be authorized to meet commitments made for
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services provided during the period of this agreement, but not
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yet paid for at the conclusion of this agreement.
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(g) Subrecipient shall remain in compliance with all
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state, federal and local laws prior to the receipt of any
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reimbursement hereunder. This includes, but is not limited to,
all laws and regulations relative to the form of organization,
local business licenses and any laws and regulations specific to
the business and activity carried out by Subrecipient. Reim-
bursement shall not be made to a Subrecipient which is not
operating in compliance with all applicable laws. Reimburse-
ments may be subsequently paid, at the discretion of the Direc-
tor of Community Development, for reimbursement costs incurred
during the period when compliance is achieved before expiration
of this agreement.
s. Accountina: Audit.
(a) Prior to the final payment under this agreement,
and at such other times as may be requested by the Director of
Community Development of the City of San Bernardino, Subreci-
pient shall submit to the Director an accounting of the proposed
and actual expenditures of all revenues from whatever source
accruing to the organization for the fiscal year ending June 30,
1990.
(b) Financial records shall be maintained by Subreci-
20 pient in accordance with Generally Accepted Accounting Princi-
21 pIes, and in a manner which permits City to trace the expendi-
22 tures of funds to source documentation. All books and records
23 of Subrecipient are to be kept open for inspection at any time
24 during the business day by the City, its officers or agents, and
25 by any representative of the United states of America authorized
26 to audit community development block grant programs.
27 (c) standards for financial management systems and
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financial reporting 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.
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(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 Subrecipient to adequately safeguard
all assets of the program(s), and Subrecipient shall assure that
they are used solely for authorized purposes.
(e) In addition to the foregoing, Subrecipient shall,
at its own expense, have the City-funded portion of its programs
audited annually, and provide to City a copy of the audit report
within sixty (60) days after receipt of the report by Subreci-
pient. Such audit must be performed by a certified Public
Accountant or some other independent auditor approved in advance
by the City's Director of the Community Development.
6. Services Available to Residents: Monitorinq and ReDort-
inq Proqram Performance.
The 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 origin, creed, sex,
marital status, or physical handicap. Subrecipient shall comply
with Affirmative Action guidelines in its employment practices.
Subrecipient shall also monitor the program's activities and
submit written reports quarterly, or more often if requested, to
the Director of Community Development of the City of San Bernar-
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dino, in accordance with 24 CFR, Part 85.41(c) (d), and Part
85.21. Failure to provide such quarterly performance reports
constitutes a violation of this agreement. Further, the proces-
sing by city of Subrecipient's requests for reimbursement shall
be halted following such breach, and shall subject Subrecipient
to temporary withholding as provided for in Paragraph 11 hereof.
City reserves the right to waive such breach, without prejudice
to any other of its rights hereunder, upon a finding by the
Director of Community Development that such failure was due to
extraordinary circumstances and that such breach has been timely
cured without prejudice to the City.
7. Procurement Practices: Conflict of Interest.
Subrecipient shall comply with procurement procedures
and guidelines established by 24 CFR, Part 85.36(d) (1), Subreci-
pient "Procurement Standards". In addition to the specific
requirements of 24 CFR, Part 85, Subrecipient shall maintain a
code or standards of conduct which shall govern the performance
of its officers, employees or agents in contracting with and
expending the federal grant funds made available to Subrecipient
under this agreement. Subrecipient's officers, employees or
agents shall neither solicit nor accept gratuities, favors, or
anything of monetary value from contractors or potential con-
tractors. To the extent permissable by state law, rules, and
regulations, the standards adopted by Subrecipient shall provide
for penalties, sanctions or other disciplinary actions to be
26 applied for violations of such standards by either the Subreci-
27 pient's officers, employees or agents, or by contractors or its
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agents. Subrecipient shall provide a copy of the code or
standards adopted to City forthwith. Subrecipient shall under-
take informal procurement methods for purchases that do not cost
more than $25,000.00, in the aggregate, which call for price or
rate quotations from an adequate number of qualified sources.
The Subrecipient shall be alert to organizational conflicts of
interest or non-competitive practices among contractors which
may restrict or eliminate competition or otherwise restrain
trade. Subrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR, Part 570.611 and to the procure-
ment rules set forth in 24 CFR, Part 85.36, in its expenditure
of all funds received under this agreement.
8. Anti-Kick Back provisions: Eaual EmDlovment ODDor-
tunitv.
All contracts for construction or repair using funds
provided under 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). This Act provides that each contractor or subgrantee
shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public
work, to give up any part of the compensation to which he/she is
otherwise entitled. Subrecipient shall report all suspected or
reported violations to City. All contracts in excess of
$10,000.00 entered into by Subrecipient using funds provided
under this agreement shall contain a provision requiring comp-
liance with Equal Employment Opportunity provisions established
by Executive Order Number 11246, as amended.
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prevailing Waqe Reauirement.
Any construction contracts awarded by Subrecipient
using funds provided under this agreement in excess of $2,000.00
shall include a provision for compliance with the Davis-Bacon
Act (40.U.S.C. 276(a) to 276(a) 7) and as supplemented by the
Department of Labor Regulations (29 CFR). Under this Act,
contractors shall be required to pay wages to laborers and mech
anics at a rate not less than the minimum wages specified in a
wage determination 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 determination issued by the Department of Labor
in each solicitation and the award of a contract shall be
conditioned upon the acceptance of the wage determination.
Subrecipient shall report all suspected or reported violations
to City.
10.
9.
ADDroval of city of any Charqes; Use of Proqram
Income.
(a) City hereby requires Subrecipient to notify the
City, in writing, of its intent to charge a fee for any service,
the provision of which is assisted pursuant to this agreement.
City requires Subrecipient to obtain the prior written approval
of City for any charges or fees to be charged by Subrecipient
for such services, and of any rules and regulations governing
the provision of services hereunder.
(b) Program income represents gross income received by
the Subrecipient directly generated from the use of the funds
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provided hereunder. Such earnings include interest earned on
advances and may include, but will not be limited to, income
from service fees, sale of commodities, usage and rental fees
for real or personal property purchased using the funds provided
by this agreement. As to such income, it shall be first applied
to eligible program activities, before requests for reimburse-
ment and, in the use, shall be subject to all applicable provi-
sions of this agreement. Income not so applied shall be remit-
ted to city. Subrecipient shall remit all unspent program
income to the City within thirty (30) days subsequent to the end
of the program year (June 30, 1990).
11. Temoorarv withholdinq.
The Director of Community Development of the City of
San Bernardino is authorized to withhold the payment of funds to
Subrecipient when the Director determines that any violation of
this agreement has occurred. Funds shall be withheld until the
violation is corrected to the satisfaction of the Director.
Subrecipient shall have the right to appeal the decision of the
Director to the Mayor and Common Council. The sole grounds 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 notice of withholding. The Mayor and
Common 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 under this agreement shall be retained by Subre-
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cipient for a period of three (3) years, at a minimum, and in
the event of litigation, claim or audit, the records shall be
retained until all litigation, claims and audit findings involv-
ing the records, have been fully resolved. Records for non-
expendable property acquired with federal funds provided under
this agreement shall be retained for three (3) years after the
final disposition of such property.
13. Prooertv Manaaement Standards.
Non-expendable personal property, for the purposes of
this agreement, is defined as tangible personal property pur-
chased in whole or in part with funds provided under this
agreement, which has a useful life of more than one (1) year and
an acquisition cost of one-thousand dollars ($1,000.00), or more
per unit. Real property means land, including land
improvements, structures and appurtenances thereto, excluding
movable machinery and equipment. Non-expendable personal
property and real property purchased with or improved by funds
provided under this agreement shall be subject to the property
19 management standards set forth in 24 CFR, Part 85.32.
20 14. Termination for Cause.
21 (a) City reserves the right to terminate this
22 agreement in accordance with 24 CFR, Part 85.43, and any and all
23 grants and future payments under this agreement, in whole or in
24 part, at any time before the date of completion of this agree-
25 ment whenever City determines that the Subrecipient has materi-
26 ally failed to comply with the terms and conditions of this
27 agreement. In the event city seeks to terminate this agreement
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1 for cause, City shall promptly notify the Subrecipient in
2 writing of the proposed termination and the reasons therefore,
3 together with the proposed effective date. Subrecipient shall
4 be given an opportunity to appear before the Mayor and Common
5 Council at the time which the Mayor and Common Council are to
6 consider such recommended termination, and shall be given a
7 reasonable opportunity to show cause why, if any exists, the
8 agreement should not be terminated for cause. Upon determina-
9 tion by the Mayor and Common Council that the agreement should
10 be terminated for cause, notice thereof, including reasons for
11 the determination, shall promptly be mailed to the Subrecipient,
12 together with information as to the effective date of the
13 termination. Such notice may be given orally at that hearing.
14 The determination of the Mayor and Common Council as to cause
15 shall be final.
16 (b) In the event of any termination whether for cause
17 or for convenience, Subrecipient shall forthwith provide to the
18 Community Development Department any and all documentation
19 needed by the Community Development Department to establish a
20 full record of all monies received by Subrecipient and to
21 document the uses of same.
22 15. Termination for Convenience.
23 City or Subrecipient may terminate this agreement, in
24 accordance with 24 CFR, Part 85.44, in whole or in part provided
25 both parties agree that the continuation of the project would
26 not produce beneficial results commensurate with further expend-
27 iture of funds. In such event, the parties shall agree upon the
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case of partial terminations, the portion to be terminated. The
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Subrecipient shall not incur new obligations for the terminated
3 portion after the effective date and shall cancel as many
4 outstanding obligations as possible. City shall allow Subreci-
5 pient full credit for the City's share of the non-cancellable
6 obligations properly incurred by the Subrecipient prior to
7 termination.
8 16. Reversion of Assets.
9 Subrecipient agrees that upon expiration of this agree-
10 ment, the Subrecipient shall transfer to the City any and all
11 CDBG funds not used at the time of expiration and any accounts
12 receivable attributable to the use of CDBG funds. Subrecipient
13 agrees that any real property under its control, which was
14 acquired or improved, in whole or in part, with CDBG funds in
15 excess of $500.00 shall either, (i) be used to meet one (1) of
16 the three (3) national objectives as set forth in 24 CFR, Part
17 570.208 until five (5) years after expiration of the agreement
18 or such period of time as determined appropriate by the City,
19 or; (ii) is disposed of in a manner which results in the City
20 being reimbursed in the amount of the current fair market value
21 of the property less any portion thereof attributable to expend-
22 iture of, or improvement to, the property by Subrecipient. Such
23 reimbursement is not required after the period of time speci-
24 fied, in (i) above.
25 17. Hold Harmless.
26 Subrecipient agrees to indemnify, save and hold harm-
27 less the City and its employees and agents from all liabilities
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1 and charges, expenses (including counsel fees), suits or losses,
2 however occurring, or damages, arising or growing out of the use
3 of or receipt of funds paid under this agreement and all opera-
4 tions under this agreement. Payments under this agreement are
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made with the understanding that the City is not involved in the
performance of services or other activities of the Subrecipient.
Subrecipient and its employees and agents are independent
contractors and not employees or agents of City.
18. Amendment.
This agreement may be amended or modified only by
written agreement signed by both parties, and failure on the
part of either party to enforce any provision of this agreement
shall not be construed as a waiver of the right to compel
enforcement of any provision or provisions.
19. Assianment.
This agreement shall not be assigned by Subrecipient
without the prior written consent of City.
20. Notices.
All notices herein required shall be in writing and
delivered in person or sent certified mail, postage prepaid,
addressed as follows:
As to City:
As to Subrecipient:
Director
24 community Development Dept.
City Hall, Fifth Floor
25 300 North "D" street
San Bernardino, Calif. 92418
26
Michael Ponce, Director
San Bernardino Neiqhborhood
Housinq Services, Inc.
1296 Mt. Vernon Avenue
San Bernardino, CA 92411
27 21. Evidence of Authoritv.
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Subrecipient shall provide to City evidence in the form
of a certified copy of minutes of the governing body of Subreci-
pient, or other adequate proof, that this agreement has been
approved in all its detail by the governing body of the Subreci-
pient, that the person(s) executing it are authorized to act on
behalf of Subrecipient, and that this agreement is a binding
Certification and Assurance.
22.
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
23.
This agreement and any document or instrument attached
hereto or referred to herein integrates all terms and conditions
mentioned herein or incidental hereto, and supercedes all
negotiations and prior writing with respect to the subject
matter hereof.
In the event of conflict between the terms,
conditions or provisions of this agreement, and any such
document or instrument, the terms and conditions of this
No third party shall be deemed to have any rights
IIII
6-12-89
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CDBG AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND SAN
BERNARDINO NEIGHBORHOOD HOUSING SERVICES, INC., (Infill
Housing Services).
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first hereinabove written.
ATTEST:
~$~
Clty Clerk
13 Approved as to form
and legal content:
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SUBRECIPIENT
BY: ~~~ L":' ~. Ji- ~C7 --
..~. President
BY: ~~/~a
Secretary
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NEIGHBORHOOD HOUSING SERVICES, INC.
"Scope of Services"
Infill Administration ($5.000)
The San Bernardino Neighborhood Housing Services, Inc. (NHS)
will, in the capacity as developer of infill housing with the
City of San Bernardino, be responsible for project oversight
from planning through completion of sales. This responsibi-
lity shall include, but not be limited to, the following:
formation of development concept; site identification; market
analysis; initial site evaluation; land acquisition; con-
struction contractor negotiations; negotiation/securing of
financing for land acquisition; land development/construc-
tion; take-out financing for mortgagees; development of
marketing plans; presale marketing; monitoring of construc-
tion through completion and final sales of homes.
Goals
Completion of ten (10) single family homes within the NHS
target neighborhoods in FY 1990/1991, to be sold to ten (10)
low and/or moderate income families at a sales price between
$75,000 and $78,000.
Public Services ($15.000)
The scope of services can be divided into four areas: (1)
Beautiful Westside Loans; (2) Counseling/Referrals; (3)
Ground Control, and; (4) Neighborworks Projects.
1. Beautiful Wests ide Loans: NHS will market and grant
rehabilitation and beautification loans totaling twenty
(20) to thirty (30) in FY 1990/1991. This loan produc-
tion includes loan processing; construction monitoring
and quality control. These loans will be prioritized in
the neighborhoods in which the infill homes or prior
loans are concentrated.
2. Counseling/Referrals: NHS will provide counseling to
residents on finance; homeownership; neighborhood problem
solving, and; insurance needs. Referrals to residents on
housing; social services, and associated needs. (Goal:
two-hundred, forty (240) counseling; five-hundred, twenty
(520) referrals during FY 1990/1991.)
3. Ground Control: NHS will target the following: abandoned
cars; vacant/trashed lots; under maintained homes;
grafitti, and; drug sales locations. Locations are
identified, reporting to the appropriate agency and
monitored for resolution. (Goal: five-hundred (500)
actions taken during FY 1990/1991.)
EXHIBIT "A"
I NEIGHBORHOOD HOUSING SERVICES, INC.
Scope of Services
Page -2-
4. Neighborworks Projects: Special projects designed for
high neighborhood impact; public relations impact, and
the opportunity to create networks in sharing these
successes. These projects would range from paint pro-
jects to neighborhood cleanups to educational forums on
neighborhood issues. (Goal: three (3) to four (4)
projects per FY 1990/1991.)
lab/3466
6/12/89
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EXHIBIT "B"
'.
t SAN BERNARDINO NEIGHBORHOOD HOUSING SERVICES
BUDGET............1989-1990
INCOME/CONTRIBUTIONS
California NUS Foundation...........$25000.00
Neighborhood Reinvestment.............3000.00
Insurance Full Partnership............7000.00
City of San Bernardino CDBG..........20000.00
Local Coporations/Infill.............25000.00
Local Fundraising.....................5500.00
TOTAL.......................................................$85500.00
EXPENDITURES
SALARIES
Executive Director..................$26230.00
Construction Specialist..............l0000.00
Secretary............................ .6240.00
$42470.00
TAXES/BENEFITS
F. I. C .A. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s.u. I...............................
Life Insurance......................
Health Insurance....................
Othe r. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$10586.00
RECORDS
Accounting Services/Bookkeeping.....$ 2805.00
Au d it. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2500.00
$ 5305.00
OPERATING EXPENSE
Re n t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6089.00
E lee t r i c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600. 00
Ga s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600.00
Telephone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2400.00
Building Maintenance...................600.00
Insurance/ D&O Liability..............2800.00
Insurance/Office.....................2000.00
$15089.00
OFFICE EXPENSES
Office supplies/materials...........$ 2000.00
Postage/freight.......................l000.00
Office equipment- purchase/lease......1400.00
Office equipment maintenance..........l000.00
Dues /subscriptions....................150.00
Printing/Photo/duplication............1000.00
Meetings/conferences..................l000.00
Travel (fares)........................1000.00
Travel (mileage reimbursement).........500.00
Miscellaneous.........................1000.00
Consultants...........................2000.00
$12050.00
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8 5 500 .00
1 ·
CITY 01' SAIl BBRKARDIlfO
COMM~ITY DBVBLOPJlBIf'1' DBPARTMBIf'l'
COMH~I'1'Y DEVELOPMENT BLOCK GRAH'1'
PROGRAM REQUIREMENTS
POR
SUBRBCIPIENTS
Prepared. Pebruary, 1989
EXHIBIT "e"
( 4. . \
CITY OF SAN BBRNARDINO
COMMUNITY DBVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Suoolemental Information for Subrecioient
As a successful applicant of the City of San Bernardino FY
1999/1990 Community Development Block Grant (CDBG) Program,
you are not only agreeing to provide the services as stated
in your application, but also to abide by the CDBG Program
requirements and responsibilities. To further assist you in
understanding said requirements and responsibilities, the
following summaries and 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 COBG agreement.
Monthlv Request for Reimbursement
Deadline:
Due the fifth (5th) day after end of each calen-
dar month unless otherwise stated in the CDBG
aqreement.
Include the following:
a) One (1) completed 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 reim-
bursed.
e) One (1) copy of all check stubs, accounting ledgers,
and/or other documentation that reflect gross salary and
all deductions for each check(s) issued.
f) One (l) page narrative describing 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 continues to comply with the terms and
conditions of the COBG agreement. (Generally, invoices are
processed within ten (10) days of receipt of same.) The City
reserves the right to defer processing of invoices and
withhold payments until all required reports, statements,
and/or certificates have been submitted and, where necessary,
approved.
2
, "
\ , 1 ,
CDBG PROGRAM
Supplemental Information
a) All accounting records and evidence pertaining to all
costs of each subrecipient and all documents related to
the CDBG agreement shall be retained and available for
three (3) years following the completion of the funded
program.
b) Each subrecipient agrees to allow the City .of San Bernar-
dino Community Development Department to audit the funded
program as part of its annual audit of all CDBG fQnds
pursuant to federal regulations set forth in Title 24 of
the Code of Federal Regulations.
ReDorts/ReDortina Reauirements and Records/Record KeeDinq
Reauirements
While staff realizes that report writing and record-keeping
are not the most desirable aspects of any program, it is one
vehicle that provides a measure of program progress and
accomplishments. Thus, all subrecipients participating in
the CDBG Program are reauired to provide the city of San
Bernardino Community Development Department with written
reports of its activities on or before the tenth (loth) day
of October, January, April and July of any given program year
for the previous three (3) month period in addition to a
final report when the agreement terminates. All reports
shall include information on program activities, accomplish-
ments, new program information and current program statistics
on expenditures, case loads and activities of the reporting
period.
Each subrecipient is also required to maintain monthly
records of all ethnic and racial statistics of persons and
families assisted by its program(s). This monthly record
shall include data on the number of low and moderate income
persons and households assisted, (as determined by federal
income limits), number of female-headed households, and
number of senior citizens assisted. As mentioned earlier,
each subrecipient is required to keep all accounting records
and evidence pertaining to all costs for three (3) years
following completion of the funded program.
Quarterlv ReDorts
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.
3
'" , ~ ,
CDBG PROGRAM
Supplemental Information
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 following:
a) One (1) completed Activity Report (form number 802).
b) One (1) competed Direct Benefit Report (form number
045(a).
c) One (1) completed Contract and Subcontract Activity Report
(form OMB 2506-006). (For construction projects only.)
It is the responsibility of the subrecipient to prepare and
submit the required reports by the above stated deadlines in
order to keep City staff informed of any changes to the
funded program(s).
proaram Konitorinq
One of the City's "responsibilities is to monitor each
subrecipient at least once a year. Not only are the
monitoring visits intended to ensure each agency's continued
compliance with CDBG requirements, but also serve as an
opportunity for City staff to become more knowledgeable of
each agency's program(s). The monitoring visits also serve
as an opportunity to provide information to other City staff,
the Mayor and Common Council and other interested persons.
Listed below is typical information City staff will be
seeking, observations that might be made, and items we may
wish to review:
a) The accomplishment(s) of the program(s) to date.
b) Whether or not program objectives are being met.
c) That the intended client group is being served.
d) The number of people on staff.
e) The existence and maintenance of client files.
f) Assistance city staff can provide.
In addition to monitoring each agency once a year, the City
of San Bernardino Community Development 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
CnBG funds pursuant to Federal Regulations.
4
CDBG PROGRAM
Supplemental Information
Although the terms "monitoring" and "audit" may appear
somewhat formidable, please be assured that your agency will
be notified in advance of any request for a monitoring visit.
Also, please be advised that representatives from HUD monitor
the CDBG program every year. During HOD visit(s), they may
wish to monitor one (1) or more 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.
Proaru BUdaet
Another required element of your CDBG agreement with the City
is the program budget. Please submit an updated line item
budget reflecting your approved CDBG allocation. Also,
include a copy of your overall program budget with a summary
of your funding source(s) and the total agency budget. The
CDBG portion of your total program or agency budget should be
identifiable.
In past years, several agencies have raised questions regard-
ing minor budget modifications or adjustments. Staff
realizes that the approved budget may require minor adjust-
ments during the life of the program and request that you
discuss proposed changes with Community Development Depart-
ment staff.
Aqain, please be reminded that capital or non-expendable
equipment is not to be purchased with CDBG funds. If you
need to acquire such equipment, please discuss it with
Community Development Department staff.
rchase of Personal Pro ert
or the CDBG Aareement
A11 tangible personal property having a useful life of more
than one (1) year and an acquisition cost of three hundred
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".
Read Section 13
Procedures
a) All equipment and property purchased in accordance with
the above standards shall be identified as "Federal
Property-HUD" , (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 being permanently
affixed.
5
CDBG Program
Supplemental Information
b) Maintain a separate record of all such equipment and
property. Information shall include:
1. Name/Description
2. Serial Number
3. Identification Number
4. Date Purchased
5. Purchase Price
6. Condition (i.e., excellent/good/fair/poor)
7. Characteristics (i,e., cOlor/features, etc.)
8. Physical Location (i.e., address/office/room, etc.)
c) Submit an inventory listing to the City of San Bernardino
Community Development Department each year ending June 30.
Said listing is to be submitted by Julv 10 following the
end of the year. The list should include all the
information included in item (b).
d) A written request must be submitted to the City of San
Bernardino Community Development Department for any
approved purchases that are not in the originally approved
budget (see agreement). Written authorization must be
obtained from the Community Development Department by
subrecipient prior to the purchase of any equipment,
whether or not said equipmerit was included in the agency's
original budget.
e) It is the responsibility of the subrecipient to maintain
and repair all property and equipment purchased with CDBG
funds. It is also the responsibility of the subrecipient
to identify all purchased equipment and property with tags
or engraving, and to supply same. .
Piscal Accountinq and Audit Documentation
The City of San Bernardino Community Development Department
requires each agency to observe and comply with all account
inq rules and audit procedures as set forth in the CDBG
agreement. The following is a brief description of the most
prominent requirements:
a) As a participant in the City of San Bernardino COBG
Program, each subrecipient agrees to keep all funds
received from the City separate from any other sources of
funding.
b) Each subrecipient also agrees to keep records of all funds
received from the City of San Bernardino in accordance
with the procedures set forth in the "Agreement Accounting
and Administrative Handbook". A copy of the Handbook is
attached.
6
<< CDBG Program
Supplemental Information
AUdits
Each subrecipient shall provide the city of San Bernardino
Community Development Department with an audit report,
completed and signed by a Certified Public Accountant. The
audit shall include all information pertinent to the CDBG
funded program including any audit findings.
The audit report shall be prepared and submitted to the City
of San Bernardino Community Development Department as soon
after the close of the year ending June 30, as is possible,
or immediately after the sUbrecipient's regular audit is
completed (whichever is first).
Certification and Assurance
Attached is a copy of the Certification and Assurance form to
be prepared and signed by the designated governing offi-
cial(s) of the subrecipient agency. This document is to be
attached to the CDBG agreement and shall become part of the
governing requirements.
7
.'
, <II
.... ..
CITY O~ 8U BBRNARDINO
COMMUNITY DBVELOPMENT DBPARTMENT
"Certification and Assurance"
(To Accompany CDBG Aqreement)
I,
;ileuM I '[1;Afrl CllCU/'(;-b DlrU/ur
~ 8tmffd/~ aAiuJ~Z~tlO~
of Agency/Organization)
/2rfR N. Mi, V~{j/J AvJ,
_, of
the
(Name
located at
do hereby make the following certificatic
ommun~ty Deve~op~en~ ~loqk
between r",At'CLM Ntl It 1Y1A.n(/ /..-fpu'&/M
of organization) and the City of San Bern .
to
name
a) Certify that the
requirements has
information booklet for _~dG Program
been read and understood; and
~ tJer-lJlrrc///tId IJtl'lltbuYlw1rl ~SINq 5vrl/l~
will comply with all governing require-
d herewith in the performance of the
b) Assure that the
(name of Agency)
ments as stipula
CDBG Agreement
(Date)
c:felitv~'Lr::r
(Oat
ELF/lab/3025
2/1989
8