HomeMy WebLinkAbout1989-499
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RESOLUTION NUMBER 89-499
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 PROJECT
HOME RUN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
section 1.
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 Project HOME RUN,
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which agreement is attached hereto as Exhibit "1", and is
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incorporated herein by reference as though fully set forth at
length.
The agreement provides for the granting of Community
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Development Block Grant funds in the following amount of
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$45,000.00.
Section 2.
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17 is rescinded if the parties to the agreement fail to execute it
The authorizations to execute the above referenced agreement
18 within sixty (60) sixty days of the passage of this resolution.
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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 reqular
22 JJillL day of December
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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 PROJECT
HOME RUN.
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AYES:
Councilpersons Estrada, Reilly, Flores, Maudsley,
NAYES: None
Minor. Pope-Ludlam, Miller
ABSENT: None
A6w~;~;~
,/ city Clerk
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The foregoing resolution is hereby approved this ') .~L of
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10 December , 1989.
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14 Approved as to form
15 and legal content:
16 JAMES F. PENMAN,
City Attorney
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20 KJH/1ab/3579
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AS!REEME~~
~Hr8jAGREEMENT is entered into effective as of this .3j?)!day
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of \ '~~ 19~ at San Bernardino, California,
betwee~he C~y :F ~AN BE~NARDINO, a municipal corporation,
referred to as "City", and PROJECT HOME RUN, 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
12 the Community Development Block Grant Program from the united
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States of America to City.
(b) Subrecipient represents that the expenditures
15 authorized by this agreement are for valid and eligible com-
16 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
18 granted under this agreement will be used for no purpose(s)
19 other than those purposes specifically authorized. The specific
20 purposes and scope of services of this particular grant are set
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forth in Exhibit "A", attached hereto and incorporated into this
22 agreement as though fully set forth herein.
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(c)
Subrecipient will comply with applicable uniform
24 administrative requirements, as described in 24 CFR, Part
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570.502.
(d)
Subrecipient will carry out each activity, program
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EXHIBIT "1"
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1 and/or project in compliance with all federal laws and regula-
2 tions as set forth in 24 CFR, Part 570, with the following
3 exceptions, (i) the Subrecipient does not assume the environ-
4 mental responsibilities of the Grantee as described in 24 CFR,
5 Part 570.604, and; (ii) the Subrecipient does not assume the
6 Grantee's responsibilities for initiating the review process
7 under Executive Order Number 12372.
8 2 · Payments ·
9 city shall reimburse Subrecipient for allowable costs
10 incurred under the scope of this agreement and applicable
11 federal regulations, which have not been paid for or reimbursed
12 in any other manner by any other agency or private source of
13 funding. Reimbursement shall be made on a monthly basis, with
14 the total of all such reimbursements not to exceed $45,000.
15 3. Term.
16 This agreement shall commence as of the date of execu-
17 tion by City and terminate June 30, 1990.
18 4. Use of Funds; Budget; Travel Limitation.
19 (a) The funds paid to Subrecipient shall be used by it
20 solely for the purposes set forth in Paragraph l(b) of this
agreement, and in accordance with the program budget submitted
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by Subrecipient to the City of San Bernardino Community Develop-
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ment Department, a copy of which is attached to this agreement
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as Exhibit "B". This budget shall list all sources of funding
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for the program covered by this agreement, whether from state,
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federal, local or private sources, and shall identify which
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sources are paying for which specific portions of the program,
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by line-item, to the extent practicable.
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(b) No travel expenses for out-of-state travel shall
be included in this program unless specifically listed in the
budget as submitted and 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 for out-of-state travel
shall not be eligible for reimbursement unless the prior written
10 approval of the Director of Community Development of the City of
11 San Bernardino, or his/her designee, has been obtained.
12 (c) Funds shall be used for purposes authorized by the
13 Community Development Block Grant Program only, and no portion
14 of the funds granted hereby shall be used for any purpose(s) not
15 specifically authorized by this agreement.
16 (d) Only net payroll shall be periodically reimbursed
17 by City as an allowable cost. Reimbursement payroll shall
18 include those hours duly authorized by the appropriate authority
19 within Subrecipient's organization and, shall include funds
20 actually received by payee. Any amounts withheld by Subreci
21 pient from an employee's paycheck for taxes, social security, or
22 other withholdings and not immediately paid over to another
23 entity, shall not be included as wages or expenses eligible for
24 reimbursement as an allowable cost until such time as the
25 withheld taxes, social security, or other withholdings are
26 actually paid over to another entity entitled to such payment.
27 Upon such payment and the submission of evidence of such payment
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1 to the City of San Bernardino Community Development Department,
2 such expenses shall be regarded as an allowable cost, and the
3 City shall reimburse Subrecipient for such obligation.
4 (e) Subrecipient shall be allowed, with the prior
5 written approval of the Community Development Department of the
6 City of San Bernardino, to make changes in the budget during the
7 first three (3) quarters of the fiscal year, so long as Subreci-
8 pient is in compliance with Section "2" of this agreement at the
9 time of submission of the budget modification request. A
10 variation in the itemization of costs, as set forth in the
11 budget submitted to City by Subrecipient, not to exceed ten
12 percent (10%) as to any particular line item, shall be allowed
13 provided that the prior written approval of the Director of
14 Community Development of the City of San Bernardino is obtained,
15 it being understood that the total amount of the grant shall not
16 be varied thereby.
(f) The parties intend that grant funds be utilized
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18 within the time period covered by this agreement, and entitle-
19 ment to any funds not expended or obligated shall revert to the
20 city. No reserve for the future shall be established with the
21 funds except as may be authorized to meet commitments made for
22 services provided during the period of this agreement, but not
23 yet paid for at the conclusion of this agreement.
(g) Subrecipient shall remain in compliance with all
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25 state, federal and local laws prior to the receipt of any
26 reimbursement hereunder. This includes, but is not limited to,
27 all laws and regulations relative to the form of organization,
28 local business licenses and any laws and regulations specific to
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Community Development of the City of San Bernardino, Subreci-
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pient shall submit to the Director an accounting of the proposed
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the business and activity carried out by Subrecipient.
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Accounting; Audit.
(a) Prior to the final payment under this agreement,
and at such other times as may be requested by the Director of
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-
11 pient in accordance with Generally Accepted Accounting princi-
12 pIes, and in a manner which permits City to trace the expendi-
13 tures of funds to source documentation. All books and records
14 of Subrecipient are to be kept open for inspection at any time
15 during the business day by the City, its officers or agents, and
16 by any representative of the united States of America authorized
17 to audit community development block grant programs.
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(c) Standards for financial management systems and
19 financial reporting requirements established by 24 CFR, Parts
20 85.20 and 85.22 shall be fully complied with by Subrecipient.
21 Subrecipient acknowledges that the funds provided are federal
22 funds.
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(d) Subrecipient's financial management system shall
24 provide for accurate, current and complete disclosure of the
25 financial results of each program sponsored by this agreement.
26 It is the responsibility of Subrecipient to adequately safeguard
27 all assets of the program, and Subrecipient shall assure that
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1 they are used solely for authorized purposes.
2 (e) In addition to the foregoing, Subrecipient shall
3 at its own expense have the City-funded portion of its program
4 audited annually, and provide to City a copy of the audit report
5 within sixty (60) days after receipt of the report by Subreci-
6 pient. Such audit must be performed by a certified Public
7 Accountant or some other independent auditor approved in advance
8 by the City's Director of the Community Development.
9 6. Services Available to Residents: Monitoring and Report-
10 inq Proqram Performance.
11 The services of Subrecipient shall be made available to
12 residents and inhabitants of the City of San Bernardino unless
13 otherwise noted in Exhibit "A". No person shall be denied
14 service because of race, color, national origin, creed, sex,
15 marital status, or physical handicap. Subrecipient shall comply
16 with Affirmative Action guidelines in its employment practices.
17 Subrecipient shall also monitor the program's activities and
18 submit written reports quarterly, or more often if requested, to
19 the Director of Community Development of the City of San Bernar-
20 dino, in accordance with 24 CFR, Part 85.41(c) (d), and Part
21 85.21. Failure to provide such quarterly performance reports
22 constitutes a violation of this agreement. Further, the proces-
23 sing by City of Subrecipient's requests for reimbursement shall
24 be halted following such breach, and shall subject Subrecipient
25 to temporary withholding as provided for in Paragraph 11 hereof.
26 city reserves the right to waive such breach, without prejudice
27 to any other of its rights hereunder, upon a finding by the
28 Director of Community Development that such failure was due to
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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
12 agents shall neither solicit nor accept gratuities, favors, or
13 anything of monetary value from contractors or potential con-
14 tractors. To the extent permissable by state law, rules, and
15 regulations, the standards adopted by Subrecipient shall provide
16 for penalties, sanctions or other disciplinary actions to be
17 applied for violations of such standards by either the Subreci-
18 pient's officers, employees or agents, or by contractors or its
19 agents. Subrecipient shall provide a copy of the code or
20 standards adopted to City forthwith. Subrecipient shall under-
21 take informal procurement methods for purchases that do not cost
22 more than $25,000.00, in the aggregate, which call for price or
23 rate quotations from an adequate number of qualified sources.
24 The Subrecipient shall be alert to organizational conflicts of
25 interest or non-competitive practices among contractors which
26 may restrict or eliminate competition or otherwise restrain
27 trade. Subrecipient agrees to adhere to conflict of interest
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1 provisions set forth in 24 CFR, Part 570.611 and to the procure-
2 ment rules set forth in 24 CFR, Part 85.36, in its expenditure
3 of all funds received under this agreement.
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Anti-Kick Back Provisions; Eaual Emplovment Oppor-
tunity.
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
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17 under this agreement shall contain a provision requiring comp-
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liance with Equal Employment Opportunity provisions established
19 by Executive Order Number 11246, as amended.
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prevailina Waae Requirement.
Any construction contracts awarded by Subrecipient
22 using funds provided under this agreement in excess of $2,000.00
23 shall include a provision for compliance with the Davis-Bacon
24 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,
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contractors shall be required to pay wages to laborers and mech
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anics at a rate not less than the minimum wages specified in a
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wage determination made by the Secretary of Labor. In addition,
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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.
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Approval of city of any Charqes; Use of Program
Income.
(a)
City hereby requires Subrecipient to notify the
city, in writing, of its intent to change a fee for any service,
the provision of which is assessed 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
16 the provision of services hereunder).
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18 the Subrecipient directly generated from the use of the funds
19 provided hereunder. Such earnings include interest earned on
20 advances and may include, but will not be limited to, income
(b)
Program income represents gross income received by
21 from service fees, sale of commodities, usage and rental fees
22 for real or personal property purchased using the funds provided
23 by this agreement. As to such income, it shall be first applied
24 to eligible program activities, before requests for reimburse-
25 ment and, in the use, shall be subject to all applicable provi-
26 sions of this agreement. Income not so applied shall be remit-
27 ted to City. Subrecipient shall remit all unspent program
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1 income to the city within thirty (30) days subsequent to the end
2 of the program year (June 30, 1990).
3 11. Temporary withholdinq.
4 The Director of Community Development of the City of
5 San Bernardino is authorized to withhold the payment of funds to
6 Subrecipient when the Director determines that any violation of
7 this agreement has occurred. Funds shall be withheld until the
8 violation is corrected to the satisfaction of the Director.
9 Subrecipient shall have the right to appeal the decision of the
10 Director to the Mayor and Common Council. The sole grounds for
11 such appeal shall be that no violation of the agreement has
12 occurred. Subrecipient shall file such appeal within fifteen
13 (15) days after such first notice of withholding. The Mayor and
14 Common Council shall set a date for the hearing of such appeal
15 which is within thirty (30) days following the date of filing.
16 12. Records Retention.
17 Financial records, supporting documents, statistical
18 records, and all other records pertaining to the use of the
19 funds provided under this agreement shall be retained by Subre-
20 cipient for a period of three (3) years, at a minimum, and in
21 the event of litigation, claim or audit, the records shall be
22 retained until all litigation, claims and audit findings involv-
23 ing the records, have been fully resolved. Records for non-
24 expendable property acquired with federal funds provided under
25 this agreement shall be retained for three (3) years after the
26 final disposition of such property.
27 13. Property Management Standards.
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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
14 grants and future payments under this agreement, in whole or in
15 part, at any time before the date of completion of this agree-
16 ment whenever City determines that the Subrecipient has materi-
17 ally failed to comply with the terms and conditions of this
18 agreement. In the event City seeks to terminate this agreement
19 for cause, City shall promptly notify the Subrecipient in
20 writing of the proposed termination and the reasons therefore,
21 together with the proposed effective date. Subrecipient shall
22 be given an opportunity to appear before the Mayor and Common
23 Council at the time which the Mayor and Common Council are to
24 consider such recommended termination, and shall be given a
25 reasonable opportunity to show cause why, if any exists, the
26 agreement should not be terminated for cause. Upon determina-
27 tion by the Mayor and Common Council that the agreement should
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this agreement, is defined as tangible personal property pur-
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chased in whole or in part with funds provided under this
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agreement, which has a useful life of more than one (1) year and
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an acquisition cost of one-thousand dollars ($1,000.00), or more
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per unit. Real property means land, including land
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improvements, structures and appurtenances thereto, excluding
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movable machinery and equipment. Non-expendable personal
8 property and real property purchased with or improved by funds
9 provided under this agreement shall be subject to the property
10 management standards set forth in 24 CFR, Part 85.32.
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14.
Termination for Cause.
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1 be terminated for cause, notice thereof, including reasons for
2 the determination, shall promptly be mailed to the Subrecipient,
3 together with information as to the effective date of the
4 termination. Such notice may be given orally at that hearing.
5 The determination of the Mayor and Common Council as to cause
6 shall be final.
7 (b) In the event of any termination whether for cause
8 or for convenience, Subrecipient shall forthwith provide to the
9 Community Development Department any and all documentation
10 needed by the Community Development Department to establish a
11 full record of all monies received by Subrecipient and to
12 document the uses of same.
13 15. Termination for Convenience.
14 City or Subrecipient may terminate this agreement, in
15 accordance with 24 CFR, Part 85.44, in whole or in part provided
16 both parties agree that the continuation of the project would
17 not produce beneficial results commensurate with further expend-
18 iture of funds. In such event, the parties shall agree upon the
19 termination conditions, including the effective date and, in the
20 case of partial terminations, the portion to be terminated. The
Subrecipient shall not incur new obligations for the terminated
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22 portion after the effective date and shall cancel as many
23 outstanding obligations as possible. City shall allow Subreci-
24 pient full credit for the city's share of the non-cancellable
25 obligations properly incurred by the Subrecipient prior to
termination.
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16. Reversion of Assets.
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1 ment, the Subrecipient shall transfer to the City any and all
2 COBG funds not used at the time of expiration and any accounts
3 receivable attributable to the use of COBG funds. Subrecipient
4 agrees that any real property under its control, which was
5 acquired or improved, in whole or in part, with COBG funds in
6 excess of $500.00 shall either, (i) be used to meet one (1) of
7 the three (3) national objectives as set forth in 24 CFR, Part
8 570.208 until five (5) years after expiration of the agreement
9 or such period of time as determined appropriate by the City,
10 or; (ii) is disposed of in a manner which results in the City
11 being reimbursed in the amount of the current fair market value
12 of the property less any portion thereof attributable to expend
13 iture of, or improvement to, the property by such reimbursement
14 is not required after the period of time specified in accordance
15 with (i) noted above.
16 17. PervasivelY Sectarian.
17 (a) The Subrecipient represents that it is, or may be,
18 a religious or denominational institution or organization or an
19 organization operated for religious purposes which is supervised
20 or controlled by, or in connection with, a religious or denomi-
21 national institution or organization.
22 (b) The Subrecipient agrees that, in connection with
23 the services to be provided hereunder, (i) it will not discrimi-
24 nate against any employee or applicant for employment on the
25 basis of religion and will not limit employment or give prefer-
26 ence in employment to persons on the basis of religion; (ii) it
27 will not discriminate against any person applying for such
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services on the basis of religion and will not limit such
service or give preference to persons on the basis of religion;
(iii) it will provide no religious instruction or counseling,
conduct no religious workshop or services, engage in no reli-
gious proselytizing and exert no other religious influence in
the provision of such services; (iv) the portion of a facility
used to provide services assisted, in whole or in part, under
this Agreement shall contain no sectarian or religious symbols
or decorations, and; (v) the funds received under this Agreement
shall not be used to construct, rehabilitate, or restore any
facility which is owned by the Subrecipient in which the ser-
vices are to be provided, provided that. minor repairs may be
made if such repairs are directly related to the services; are
located in a structure used exclusively for non-religious
purposes, and; constitute in dollar terms only a minor portion
of the CDBG expenditure for the public services.
18. Hold Harmless.
Subrecipient agrees to indemnify, save and hold harm-
less the City and its employees and agents from all liabilities
and charges, expenses (including counsel fees), suits or losses,
however occurring, or damages, arising or growing out of the use
of or receipt of funds paid under this agreement and all opera-
tions under this agreement. Payments under this agreement are
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.
19. Amendment.
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1 This agreement may be amended or modified only by
2 written agreement signed by both parties, and failure on the
3 part of either party to enforce any provision of this agreement
4: shall not be construed as a waiver of the right to compel
5 enforcement of any provision or provisions.
6 20. Assiqnment.
7 This agreement shall not be assigned by Subrecipient
8 without the prior written consent of city.
9 21. Notices.
10 All notices herein required shall be in writing and
11 delivered in person or sent certified mail, postage prepaid,
12 addressed as follows:
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14 As to City:
As to subrecipient:
15 Director
Community Development Dept.
16 City Hall, Fifth Floor
300 North "D" street
17 San Bernardino, Calif. 92418
James stratton, Director
Project HOME RUN
489 East 21st street
San Bernardino, CA 92404
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22. Evidence of Authoritv.
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
obligation on Subrecipient.
23. Certification and Assurance.
Subrecipient shall comply with the program requirements
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1 attached hereto as Exhibit "C" which are incorporated by
2 reference as though fully set forth at length and made a part of
3 this agreement by execution of all certifications and assurances
4 of the CDBG program.
5 24. Entire Aqreement.
6 This agreement and any document or instrument attached
7 hereto or referred to herein integrates all terms and conditions
8 mentioned herein or incidental hereto, and supercedes all
9 negotiations and prior writing with respect to the subject
10 matter hereof. In the event of conflict between the terms,
11 conditions or provisions of this agreement, and any such
12 document or instrument, the terms and conditions of this
13 agreement shall prevail.
14 25. No Third Party Benefioiaries.
15 No third party shall be deemed to have any rights
16 hereunder against any of the parties hereto as a result of this
17 agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first hereinabove written.
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ATTEST:
LIj ~"
~ ,: ",'4.. ~ ..">' -
,:lM"k~ .' .~/
/ City Clerk
Approved as to form
and legal content:
JAMES F. PENMAN,
city Attorney
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PROJECT HOME RUlf
"Scope of Services"
The COBG financial assistance, in conjunction with
matching funds from donations solicited by our organization,
will enable Project HOME RUN to provide three (3) additional
low income families with homes this year. The funds reques-
ted will be used for acquisition of three (3) homes within
the San Bernardino City limits. Since the inception of the
program in October, 1988, , Project HOME RUN has made
available two (2) homes to low income families. The targeted
area for these funds is within the City of San Bernardino.
lab/3580
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EXHIBIT "A"
cln 01 W IWWOIIIO
CIG aTILT UGlT UUCOI.W
...,. Yp-a r BudQP-t
SOURCE:
TEAl J 989/1990
SUIIlel'SI., Pro;ect Home Run
COBS St.B N.H. Cath/Char
................ ................................. ......... ,........ ......... ........ .......... ......... ......... ....-
NlCUlT IT fIIlD/lG IlUcrs. 45,000 15,OOC 2,OOD 41.13' $103.13
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SAWl SUBTOTALS: .
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4. FICA/SUI
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5. LI'E/HEALTHIDENTAl liS.
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1,894
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218
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13. Rehabilitation of Houses 1 5, DOC 2,000
14. r'1embers hi p Dues/Public Relations 900
15. !.ti 1 eage 1 , 386
16. l1aintenanee Repair (Ofe.Equip.) 750
17. Travel/Reservations/Meals,etc. 1 , 240
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