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RESOLUTION NUMBER 89-267
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 SAN
BERNARDINO MAIN STREET, 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 San
Bernardino Main Street, 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 $16,640.00.
(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agreement is rescinded if the parties to the agreement fail to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.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the
17th day of
July
, 1989 by the following vote, to
wit:
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A CDBG AGREEMENT BETWEEN CITY AND SAN BERNARDINO
MAIN STREET, INC.
AYES:
Councilpersons Estrada, Reilly, Flores,
Maudsley, Minor
NAYES:
None
ABSENT:
Council Members Pope-Ludlam, Miller
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~~~~(b
" City Clerk
9 The foregoing resolution is hereby approved this
of
10 July , 1989.
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13 Approved as to form
14 and legal content:
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16 ' City Arney '--
17 KJH/lab/3295
18 attachments
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THIS AGREEMENT is entered into effective as of this /~ day
9 tA-t{
between the CITY OF SAN BERNARDINO, a municipal corporation,
of
, 1989, at San Bernardino, California,
referred to as "City", and SAN BERNARDINO MAIN STREET, INC.,
(Clerical Support), a non-profit community service organization,
referred to as "Subrecipient".
City and Subrecipient agree as follows:
Recitals.
1.
(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
16 authorized by this agreement are for valid and eligible com-
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munity development purposes, as defined in 24 CFR, Part 570 in
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accordance with federal law and regulations, and that all funds
19 granted under this agreement will be used for no purpose(s)
20 other than those purposes specifically authorized. The specific
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purposes and scope of services of this particular grant are set
22 forth in Exhibit "A", attached hereto and incorporated into this
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agreement as though fully set forth herein.
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25 administrative requirements, as described in 24 CFR, Part
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(c)
Subrecipient will comply with applicable uniform
570.502.
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EXHIBIT "1"
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1 (d) Subrecipient will carry out each activity, program
2 and/or project in compliance with all federal laws and regula-
3 tions as set forth in 24 CFR, Part 570, with the following
4 exceptions, (i) the Subrecipient does not assume the environ-
5 mental responsibilities of the Grantee as described in 24 CFR,
6 Part 570.604, and; (ii) the Subrecipient does not assume the
7 Grantee's responsibilities for initiating the review process
8 under Executive Order Number 12372.
9 2. PaYments.
10 City shall reimburse Subrecipient for allowable costs
11 incurred under the scope of this agreement and applicable
12 federal regulations, which have not been paid for or reimbursed
13 in any other manner by any other agency or private source of
14 funding. Reimbursement shall be made on a monthly basis, with
15 the total of all such reimbursements not to exceed $16.640.00.
16 3. Term.
17 This agreement shall commence as of the date of execu-
18 tion by City and terminate June 30, 1990.
19 4. Use of Funds; Budqet; Travel Limitation.
20 (a) The funds paid to Subrecipient shall be used by it
21 solely for the purposes set forth in Paragraph l(b) of this
22 agreement, and in accordance with the program budget submitted
23 by Subrecipient to the City of San Bernardino Community Develop-
24 ment Department, a copy of which is attached to this agreement
25 as Exhibit "B". This budget shall list all sources of funding
26 for the program covered by this agreement, whether from state,
27 federal, local or private sources, and shall identify which
28 sources are paying for which specific portions of the program,
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by line-item, to the extent practicable.
(b) No travel expenses for out-of-state travel shall
be included in this program unless specifically listed in the
budget as submitted and approved, and all travel expenses to be
funded from funds provided hereunder shall be specifically
identified as travel expenses, which shall be negotiated between
the City of San Bernardino Community 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 Director of Community Development of the
City of San Bernardino, or his/her designee, has been obtained.
(c) Funds shall be used for purposes authorized by the
Community Development Block Grant Program only, and no portion
of the funds granted hereby shall be used for any purpose(s) not
specifically authorized by this agreement.
(d) Only net payroll shall be periodically reimbursed
by City as an allowable cost. Reimbursement payroll shall
include those hours duly authorized by the appropriate authority
20 within Subrecipient's organization and, shall include funds
21 actually received by payee. Any amounts withheld by Subreci
22 pient from an employee's paycheck for taxes, social security, or
23 other withholding and not immediately paid over to another
24 entity, shall not be included as wages or expenses eligible for
25 reimbursement as an allowable cost until such time as the
26 withheld taxes, social security, or other withholdings are
27 actually paid over to another entity entitled to such payment.
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1 Upon such payment and the submission of evidence of such payment
2 to the City of San Bernardino Community Development Department,
3 such expenses shall be regarded as an allowable cost, and the
4 City shall reimburse Subrecipient for such obligation.
5 (e) Subrecipient shall be allowed, with the prior
6 written approval of the Community Development Department of the
7 City of San Bernardino, to make changes in the budget during the
8 first three (3) quarters of the fiscal year, so long as Subreci-
9 pient is in compliance with section "2" of this agreement at the
10 time of submission of the budget modification request. A
11 variation in the itemization of costs, as set forth in the
12 budget submitted to City by Subrecipient, not to exceed ten
13 percent (10%) as to any particular line item, shall be allowed
14 provided that the prior written approval of the Director of
15 Community Development of the City of San Bernardino is obtained,
16 it being understood that the total amount of the grant shall not
17 be varied thereby.
18 (f) The parties intend that grant funds be utilized
19 within the time period covered by this agreement, and entitle-
20 ment to any funds not expended or obligated shall revert to the
21 City. No reserve for the future shall be established with the
22 funds except as may be authorized to meet commitments made for
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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26 state, federal and local laws prior to the receipt of any
reimbursement hereunder. This includes, but is not limited to,
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28 all laws and regulations relative to the form of organization,
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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. Accounting; 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-
pient in accordance with Generally Accepted Accounting princi-
19 pIes, and in a manner which permits City to trace the expendi-
20 tures of funds to source documentation. All books and records
21 of Subrecipient are to be kept open for inspection at any time
22 during the business day by the City, its officers or agents, and
23 by any representative of the United States of America authorized
24 to audit community development block grant programs.
25 (c) Standards for financial management systems and
26 financial reporting requirements established by 24 CFR, Parts
27 85.20 and 85.22 shall be fully complied with by Subrecipient.
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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 Subrecipient to adequately safeguard
all assets of the program, 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 program
audited annually, and provide to City a copy of the audit report
12 within sixty (60) days after receipt of the report by Subreci-
pient. Such audit must be performed by a certified Public
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Accountant or some other independent auditor approved in advance
by the city's Director of the Community Development.
6.
Services Available to Residents: Monitorina and Report-
ina proaram Performance.
The services of Subrecipient shall be made available to
residents and inhabitants of the City of San Bernardino unless
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otherwise noted in Exhibit "A". No person shall be denied
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service because of race, color, national origin, creed, sex,
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marital status, or physical handicap.
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Subrecipient shall comply
with Affirmative Action guidelines in its employment practices.
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Subrecipient shall also monitor the program's activities and
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submit written reports quarterly, or more often if requested, to
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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
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85.21.
Failure to provide such quarterly performance reports
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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
22 regulations, the standards adopted by Subrecipient shall provide
23 for penalties, sanctions or other disciplinary actions to be
24 applied for violations of such standards by either the Subreci-
25 pient's officers, employees or agents, or by contractors or its
26 agents. Subrecipient shall provide a copy of the code or
27 standards adopted to City forthwith. Subrecipient shall under-
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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-
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18 shall be prohibited from inducing, by any means, any person
19 employed in the construction, completion or repair of public
20 work, to give up any part of the compensation to which he/she is
21 otherwise entitled. Subrecipient shall report all suspected or
22 reported violations to city. All contracts in excess of
23 $10,000.00 entered into by Subrecipient using funds provided
24 under this agreement shall contain a provision requiring comp-
25 liance with Equal Employment Opportunity provisions established
26 by Executive Order Number 11246, as amended.
27 9. prevailinq Waqe Reauirement.
28 Any construction contracts awarded by Subrecipient
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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
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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.
ADDroval of City of any Charqes; Use of Proqram
Income.
(a) City hereby requires Subrecipient to notify the
18 City, in writing, of its intent to charge a fee for any service,
19 the provision of which is assisted pursuant to this agreement.
20 City requires Subrecipient to obtain the prior written approval
21 of City for any charges or fees to be charged by Subrecipient
22 for such services, and of any rules and regulations governing
23 the provision of services hereunder.
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(b) Program income represents gross income received by
25 the Subrecipient directly generated from the use of the funds
26 provided hereunder. Such earnings include interest earned on
27 advances and may include, but will not be limited to, income
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1 from service fees, sale of commodities, usage and rental fees
2 for real or personal property purchased using the funds provided
3 by this agreement. As to such income, it shall be first applied
4 to eligible program activities, before requests for reimburse-
5 ment and, in the use, shall be subject to all applicable provi-
6 sions of this agreement. Income not so applied shall be remit-
7 ted to city. Subrecipient shall remit all unspent program
8 income to the City within thirty (30) days subsequent to the end
9 of the program year (June 30, 1990).
10 11. TemDorarv Withholdina.
11 The Director of Community Development of the City of
12 San Bernardino is authorized to withhold the payment of funds to
13 Subrecipient when the Director determines that any violation of
14 this agreement has occurred. Funds shall be withheld until the
15 violation is corrected to the satisfaction of the Director.
16 Subrecipient shall have the right to appeal the decision of the
17 Director to the Mayor and Common Council. The sole grounds for
18 such appeal shall be that no violation of the agreement has
19 occurred. Subrecipient shall file such appeal within fifteen
20 (15) days after such first notice of withholding. The Mayor and
21 Common Council shall set a date for the hearing of such appeal
22 which is within thirty (30) days following the date of filing.
12. Records Retention.
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25 records, and all other records pertaining to the use of the
26 funds provided under this agreement shall be retained by Subre-
27 cipient for a period of three (3) years, at a minimum, and in
28 the event of litigation, claim or audit, the records shall be
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Financial records, supporting documents, statistical
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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. ProDertv Management 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
12 per unit. Real property means land, including land
13 improvements, structures and appurtenances thereto, excluding
14 movable machinery and equipment. Non-expendable personal
15 property and real property purchased with or improved by funds
16 provided under this agreement shall be subject to the property
17 . management standards set forth in 24 CFR, Part 85.32.
18 14. Termination for Cause.
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(a) City reserves the right to terminate this
agreement in accordance with 24 CFR, Part 85.43, and any and all
21 grants and future payments under this agreement, in whole or in
22 part, at any time before the date of completion of this agree-
23 ment whenever City determines that the Subrecipient has materi-
24 ally failed to comply with the terms and conditions of this
In the event City seeks to terminate this agreement
City shall promptly notify the Subrecipient in
the proposed termination and the reasons therefore,
25 agreement.
26 for cause,
27 writing of
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together with the proposed effective date. Subrecipient shall
be given an opportunity to appear before the Mayor and Common
Council at the time which the Mayor and Common Council are to
consider such recommended termination, and shall be given a
reasonable opportunity to show cause why, if any exists, the
agreement should not be terminated for cause. Upon determina-
tion by the Mayor and Common Council that the agreement should
be terminated for cause, notice thereof, including reasons for
the determination, shall promptly be mailed to the Subrecipient,
together with information as to the effective date of the
termination. Such notice may be given orally at that hearing.
The determination of the Mayor and Common Council as to cause
shall be final.
(b) In the event of any termination whether for cause
or for convenience, Subrecipient shall forthwith provide to the
Community Development Department any and all documentation
needed by the Community Development Department to establish a
full record of all monies received by Subrecipient and to
document the uses of same.
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21 City or Subrecipient may terminate this agreement, in
22 accordance with 24 CFR, Part 85.44, in whole or in part provided
23 both parties agree that the continuation of the project would
24 not produce beneficial results commensurate with further expend-
25 iture of funds. In such event, the parties shall agree upon the
26 termination conditions, including the effective date and, in the
27 case of partial terminations, the portion to be terminated. The
28 Subrecipient shall not incur new obligations for the terminated
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15.
Termination for Convenience.
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portion after the effective date and shall cancel as many
outstanding obligations as possible. City shall allow Subreci-
pient full credit for the City's share of the non-cancellable
obligations properly incurred by the Subrecipient prior to
termination.
16. Reversion of Assets.
Subrecipient agrees that upon expiration of this agree-
ment, the Subrecipient shall transfer to the City any and all
CDBG funds not used at the time of expiration and any accounts
receivable attributable to the use of CDBG funds. Subrecipient
agrees that any real property under its control, which was
acquired or improved, in whole or in part, with CDBG 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 determined appropriate by the City,
or; (ii) is disposed of in a manner which results in the City
18 being reimbursed in the amount of the current fair market value
19 of the property less any portion thereof attributable to expend-
20 iture of, or improvement to, the property by Subrecipient. Such
21 reimbursement is not required after the period of time speci-
22 fied, in (i) above.
23 17. Hold Harmless.
24 Subrecipient agrees to indemnify, save and hold harm-
25 less the City and its employees and agents from all liabilities
26 and charges, expenses (including counsel fees), suits or losses,
27 however occurring, or damages, arising or growing out of the use
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1 of or receipt of funds paid under this agreement and all opera-
2 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
9 written agreement signed by both parties, and failure on the
10 part of either party to enforce any provision of this agreement
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shall not be construed as a waiver of the right to compel
12 enforcement of any provision or provisions.
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Assianment.
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This agreement shall not be assigned by Subrecipient
without the prior written consent of City.
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20. Notices.
All notices herein required shall be in writing and
delivered in person or sent certified mail, postage prepaid,
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addressed as follows:
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21 As to City:
Director
22 Community Development Dept.
23 City Hall, Fifth Floor
300 North "D" street
24 San Bernardino, Calif. 92418
As to Subrecipient:
Ann Harris, Director
San Bernardino Main street,
Inc., (clerical support)
498 West Court street
San Bernardino, CA 92401
21. Evidence of Authority.
Subrecipient shall provide to City evidence in the form
27 of a certified copy of minutes of the governing body of Subreci-
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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
obligation on Subrecipient.
22. certification and 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 COBG program.
23. Entire Aqreement.
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
agreement shall prevail.
24. No Third Party Beneficiaries.
No third party shall be deemed to have any rights
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hereunder against
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agreement.
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any of the parties hereto as a result of this
IIII
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CDBG AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND SAN
BERNARDINO MAIN STREET, INC., (CLERICAL SUPPORT).
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first hereinabove written.
ATTEST:
~~~$
,/ City Clerk
13 Approved as to form
and legal content:
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l.ty Atto ey .
KJH/lab
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28 6/12/89
CITY OF SAN BERNARDINO
BY:
M
ardino
('j
SUBRECIPIENT
BY:
BY:
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,
I
Presi'
Secretary
SAN BERNARDINO MAIN STREET, INC.
"Scope of Services"
The purpose of Main street, Inc., program is to revitalize
the down town of the City of San Bernardino, through a
partnership between the private and public sector in provid-
ing assistance in the redevelopment and rehabilitation of
depressed and blighted areas, fostering economic growth and
employment opportunities, and serving the general public need
for a safe and attractive environment.
Further, Main Street is in the process of creating a safe and
comfortable environment in which to shop, work and invest as
well as improve the social economic environment, increase tax
bases through business recruitment and business retention.
Based on the above, a clerical position is needed to assist
in accomplishing the above goals and objectives. The job
description and requirements for same are as follows: To
accomplish a variety of clerical duties to include typing;
filing; operating a computer; taking of minutes for board and
committee meetings; transcribing minutes for same; answering
phones; greeting the public; basic accounting procedures,
and; assisting the Main street Director as needed.
EXHIBIT "A"
6/12/89
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CITY OP SAJfBBRKARDIlfO
COMMUNITY DBVBLOPJIBli'l' DBPARTKBHT
COMMUNITY DEVBLOPMBHT BLOCK GRANT
PROGRAM REQUIREMENTS
FOR
SUBRBCIPIENTS
Prepared. February, 1989
EXHIBIT "e"
CITY OP SAN BERNARDINO
COMMUNITY DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SUDplemental Information for SUbreciDient
As a successful applicant of the City of San Bernardino FY
1989/1990 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 require your governing body
designated official to read and sign his/her signature as
part of the COBG agreement.
Monthlv Reauest for Reimbursement
Deadline:
Due the fifth (5th) day after end of each calen-
dar month unless otherwise stated in the CDBG
agreement.
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 (1) 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
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 funds
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 required to provide the City of San
Bernardino Community Development Department with written
reports of its activities on or before the tenth (10th) 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.
I'
I
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).
Program Monitoring
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 COBG 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
COBG 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 COBG program every year. During HUD 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 ~n order to arrange a mutually convenient time.
Proqram BUdqet
Another required element of your COBG 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
COBG 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.
Again, 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.
Purchase of Personal prooertv or EQUiDment (Read Section 13
or the CDBa Aqreement
All 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".
Procedures
a) All equipment and property purchased in accordance with
the above standards shall be identified as "Federal
Property-BUD", (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 Dermanently
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., excel lent/good/fa ir/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 endina 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 equipment 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 Accountina and Audit Documentation
The City of San Bernardino Community Development Department
requires each agency to observe and comply with all account
ing 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 CDBG
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
\,'
CITY OP SAN BERNARDINO
COMMUNITY DEVELOPMENT DEPARTMENT
"Certification and Assurance"
(To Accompany CDBG Agreement)
I,
the
(Name of Agency/Organization)
located at
(Name and Title of Official)
I of
do hereby make the following certification and assurance to
accompany the Community Development Block Grant Agreement
between (name
of organization) and the City of San Bernardino:
a) Certify that the information booklet for CDBG Program
requirements has been read and understood; and
b) Assure that the
(name of Agency) will
ments as stipulated
CDBG Ag~
(Signature of 0
ith all governing require-
in the performance of the
'J (rlip
(Date)
Community Development Department
(Date)
ELF/lab/3025
2/1989
8