Loading...
HomeMy WebLinkAbout1987-192 :', 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NUMBER 1'.7 1 Q7 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 YOUNG WOMEN'S CHRISTIAN ASSOCIATION OF GREATER SAN BERNARDINO, INC. 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 Young Women's Christian Association, Inc., a copy of which agreement is annexed hereto as Exhibit "I" 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 $30,000.00. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the and Common Council of the City of San Bernardino at a regnl Rr meeting thereof, held on the l~rh day of June , 1987, by the following vote, to wit: AYES: Councilpersons Reillv. Flores. Maudslev. Minor Miller NAYES: None ABSENT: None ABSTAIN: Council Member Estrada. Pope Ludla ~--t~ /' City Clerk 6/2/87 j , 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 The foregoing resolution is her day of JunA , 1987. approved this / 4 Approved as to legal form and content: City Attorney 6/2/87 f'1-lcJ:z. ldiR~~HltH:r 1 THIS AGREEMENT is entered into effective as of 2 July 1 , 1987, at San Bernardino, California, 3 between the CITY OF SAN BERNARDINO, a municipal corporation, 4 referred to as "City", and YOUNG WOMEN'S CHRISTIAN ASSOCIATION 5 OF SAN BERNARDINO , a 6 nonprofit community service organization, referred to as "Sub- 7 recipient". 8 City and Subrecipient agree as follows: 9 1. Recitals. 10 (a) Subrecipient has requested financial assistance 11 from City for fiscal year 1987/1988 from funds available through 12 a community development block grant from the United States of 13 America to City. 14 (b) Subrecipient represents that the expenditures 15 authorized by this agreement are for valid community development 16 purposes, in accordance with federal law and regulations, and 17 that all funds granted under this agreement will be used for no 18 purpose other than those purposes specifically authorized. The 19 specific purposes and scope of services of this particular grant 20 are set forth in Exhibit "A", attached hereto and incorporated 21 into this agreement as though fully set forth herein. 22 2. Pavments. City shall reimburse Subrecipient for allow- 23 able costs incurred under the scope of this agreement and 24 applicable Federal regulations, which have not been paid for or 25 reimbursed in any other manner by any other Agency or private 26 source of funding. Reimbursement will be made at least on a 27 monthly basis, with the total of all such reimbursements not to 28 exceed $ 30.000.00 1 3. Term. This agreement shall commence July 1,1987 and 2 terminate June 30. 1988 3 4. Use of Funds: Budaet: Travel Limitation. 4 (a) The funds paid to Subrecipient shall be used by it 5 solely for the purposes set forth in Paragraph l(b) of this 6 agreement, and in accordance with the program budget submitted 7 by Subrecipient to the City of San Bernardino Community 8 Development Department, a copy of which is attached to this 9 agreement as Exhibit "B". This budget shall list all sources of 10 funding for the program covered by this agreement, whether from 11 state, Federal, local or private sources, and shall identify 12 which sources are paying for which specific portions of the 13 program, by line-item, to the extent practicable. 14 (b) No travel expenses for out-of-state travel shall 15 be included in this program unless specifically listed in the 16 budget as submitted and approved, and all travel expenses to be 17 funded from funds provided hereunder shall be specifically 18 identified as travel expense, which shall be negotiated between 19 the city of San Bernardino Community Development Department and 20 Subrecipient in the budget. Any travel expenses incurred by 21 Subrecipient above the budgeted amount or for out-of-state 22 travel shall not be eligible for reimbursement unless the prior 23 written approval of the Director of Community Development of the 24 City of San Bernardino, or designee, has been obtained. 25 (c) Funds shall be used for purposes authorized by the 26 community development block grant program only, and no portion 27 of the funds granted hereby shall be used for any purpose not 28 specifically authorized by this agreement. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 24 25 26 27 28 (d) Only net payroll shall be periodically reimbursed by City as an allowable cost. Any amounts withheld by Subrecipient from an employee's pay for taxes, social security, or other withholding and not immediately paid over to another entity, shall not be included as wages or expenses eligible for reimbursement as an allowable cost until such time as the withheld taxes, social security, or other withholdings are actually paid over to another entity entitled to such payment. Upon such payment and the submission of evidence of such payment to the City of San Bernardino Community Development Department, such expenses shall be regarded as an allowable cost, and the City shall reimburse Subrecipient for such obligation. (e) A variation in the itemization of costs, as set forth in the proposed budget submitted to city, not to exceed ten percent (10%) as to any particular line item, shall be allowed, provided 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 entitlement to any funds not used shall revert to the City. No reserve for the future shall be established with the funds except as may be authorized to meet commitments made for services provided during the period of this agreement, but not yet paid for at the conclusion of this agreement. 5. Accountina: Audit. (a) Prior to the final payment under this agreement, -~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and at such other times as may be requested by the Director of Community Development of the City of San Bernardino, Subrecipient 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 3, 1988. (b) Financial records shall be maintained by Subrecipient in accordance with generally accepted accounting principles, and in a manner which permits city to trace the expenditures of funds to source documentation. All books and records of Subrecipient are to be kept open for inspection at any time during the business day by the City, its officers or agents, and by any representative of the united States of America authorized to audit community development block grant programs. (c) Standards for financial management systems and financial reporting requirements established by Attachment "F" and Attachment "G" of Office of Management and Budget Circular No. A 110 shall be fully complied with by Subrecipient. Subrecipient acknowledges that the funds provided are federal funds. (d) Subrecipient's financial management system shall provide for accurate, current and complete disclosure of the financial results of each program sponsored by this agreement. It is the responsibility of 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 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 at its own expense have the city-funded portion of its program audited annually, and provide to City a copy of the audit report within sixty (60) days after receipt of the report by Subrecipient. 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: Monitorina and ReDort- ina Proaram 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, martial 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 Bernardino, in accordance with Attachment "H", Office of Management and Budget Circular No. A 110. Failure to provide such quarterly performance reports may prevent the processing by City of Sub recipient's requests for reimbursement, and may justify temporary withholding as provided for in Paragraph 11 hereof. 7. Procurement Practices: Conflict of Interest. Subrecipient shall comply with procurement procedures and guidelines established by Attachment "0" to Office of Management and Budget Circular No. A-102, "Procurement Standards". In addition to the specific requirements of Attachment "0" to Circular No. A-102, Subrecipient shall maintain a code or -5- 1 standards of conduct which shall govern the performance of its 2 officers, employees or agents in contracting with and expending 3 the federal grant funds made available to Subrecipient under 4 this agreement. Subrecipient's officers, employees or agents 5 shall neither solicit nor accept gratuities, favors, or anything 6 of monetary value from contractors or potential contractors. To 7 the extent permissable by state law rules, and regulations, the 8 standards adopted by Subrecipient shall provide for penalties, 9 sanctions or other disciplinary actions to be applied for 10 violations of such standards by either the Subrecipient's 11 officers, employees or agents, or by contractors or their 12 agents. Subrecipient shall provide a copy of the code or 13 standards adopted to City forthwith. All procurement 14 transactions without regard to dollar value shall be conducted 15 in a manner so as to provide maximum open and free competition. 16 The Subrecipient shall be alert to organizational conflicts of 17 interest or non-competitive practices among contractors which 18 may restrict or eliminate competition or otherwise restrain 19 trade. Subrecipient agrees to adhere to conflict of interest 20 provisions set forth in 24 CFR section 570.611 and to the 21 procurement rules specified in Office of Management and Budget 22 Circular No. A 102 Attachment "0" in its expenditure of all 23 funds received under this agreement. 24 8. Anti-Kick Back Provisions: Eaual EmDlovment 25 ODDortunitv. All contracts for construction or repair using 26 funds provided under this agreement shall include a provision 27 for compliance with the Copeland "Anti-Kick Back" Act (18.U.S.C. 28 874) as supplemented in Department of Labor Regulations (29 CFR, -fi- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 25 26 27 28 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 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 compliance with Equal Employment Opportunity provisions established by Executive Order #11246 as amended. 9. prevailina Waae 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. 276a to 276a 7) and as supplemented by Department of Labor Regulations (29CFR). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage 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 citv of anv Charaes: Use of Proaram Income. city reserves the right to require Subrecipient to obtain the prior written approval of City of any charges or fees -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 25 26 27 28 to be charged by Subrecipient for services provided under this agreement, and of any rules and regulations governing the provision of services hereunder. Program income represents gross income earned by the Subrecipient from the federally supported activities. Such earnings exclude interest earned on advances and may include, but will not be limited to, income from service fees, sale of commodities, usage and rental fees. These funds shall be used first for eligible program activities, before requests for reimbursement, or shall be remitted to the 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, 1988). Interest earned on funds advanced under the agreement shall be paid to the City. 11. TemDorarv Withholdina. The Director of the Community Development of the City of San Bernardino is authorized to temporarily withhold the payment of funds to Subrecipients 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 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 -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to the use of the funds provided under this agreement shall be retained by Subrecipient 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 involving 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 Manaaement Standards. Non-expendable personal property, for the purposes of this agreement, is defined as tangible personal property, purchased in whole or in part with federal funds, which has useful life of more than one (1) year and an acquisition cost of three hundred dollars ($300.00) 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 management standards specified in Attachment "N" of Office of Management and Budget Circular No. A-102, "Property Management Standards". 14. Termination for Cause. City reserves the right to terminate this agreement and any and all grants and future payments under this agreement in whole or in part at any time before the date of completion of this agreement whenever City determines that the Subrecipient has failed to comply with the conditions of this agreement. In the event City seeks to terminate this agreement for cause, city shall promptly notify -9- 1 the Subrecipient in writing of the proposed termination and the 2 reasons therefore, together with the proposed effective date. 3 Subrecipient shall be given an opportunity to appear before the 4 Mayor and Common Council at the time at which the Mayor and 5 Common council are to consider such recommended termination, and 6 shall be given a reasonable opportunity to show cause why, if 7 any exists, the agreement should not be terminated for cause. 8 Upon determination by the Mayor and Common Council that the 9 contract should be terminated for cause, notice thereof, 10 including reasons for the determination, shall promptly be 11 mailed to the Subrecipient, together with information as to the 12 effective date of the termination. Such notice may be given 13 orally at that hearing. The determination of the Mayor and 14 Common Council as to cause shall be final. 15 15. Termination for Convenience. City or Subrecipient may 16 terminate this agreement in whole or in part provided both 17 parties agree that the continuation of the project would not 18 produce beneficial results commensurate with further expenditure 19 of funds. In such event, the parties shall agree upon the 20 termination conditions, including the effective date and, in the 21 case of partial terminations, the portion to be terminated. The 22 Subrecipient shall not incur new obligations for the terminated 23 portion after the effective date and shall cancel as many 24 outstanding obligations as possible. City shall allow 25 Subrecipient full credit for the City's share of the non 26 cancellable obligations properly incurred by the Subrecipient 27 prior to termination. 28 16. Hold Harmless. Subrecipient agrees to indemnify and -10- " save harmless the City and its employees and agents from all 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 operations 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. In the event of any termination, 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. 17. 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. 18. Assianment. This agreement shall not be assigned by Subrecipient without the prior written consent of city. 19. 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 Community Development Dept. City of San Bernardino City Hall, Fifth Floor 300 North "D" Street San Bernardino, Calif. 92418 Young Women's Christian Association of San Bernardino 567 North Sierra Way San Bernradino. CA 92410 -,,- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 20. Evidence of Authoritv. Subrecipient shall provide to City evidence in the form of a certified copy of minutes of the governing body of Subrecipient, or other adequate proof, that this agreement has been approved in all its detail by the governing body of the Subrecipient, that the person(s) executing it are authorized to act on behalf of Subrecipient, and that this agreement is a binding obligation on Subrecipient. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first hereinabove written. ATTEST: CI~ SAN BERNARDINO BY: AA ~. h' ayo/4 the ~y & San Bernardino ~~ / City Clerk SU By: BY: Secretary Approved as to form 21 and legal content: 22 23 L J--~ ~/ city Attorney 24 (/ 25 26 KJH/lb 0068 June, 1987 27 28 . . EXHIBIT "A" SCOPE OF SERVICES Y~A CDBG FUNDS WILL BE UTILIZED TO PURCHASE ELECTRICAL MATERIALS AND OTHER CONSTRUCTION MATERIALS RELATED TO THE REFURBISHING OF THE YWCA. ALL MATERIALS ARE USED TO PROVIDE THE IMPROVEMENTS NECESSARY TO MAKE THE YWCA "USER READY". IT IS ESTIMATED THAT THE WORK WILL BE COMPLETED BY SEPTEMBER 1. 1987. AND BE MADE AVAILABLE FOR USE BY TEDDY BEAR TYMES CHILD CARE. INC.. AS WELL AS FOR OTHER PROGRAMS AND USERS. EXHIBIT "A" , ' EXHIBIT "B" YWCA PROGRAM BUDGET THIS TAKE OFF AND QUANTITY ESTIMATE AND COSTS WERE ESTIMATED BY, Joe Doyle Jim Burne Jesse Ross 9 9 18 4 17 7 6 8 4000' 2000' 2000' 30,000 180 180 300' 55 55 24 24 400 100 200 75 SO 20 300 500 500 116 ea A72 ea B72 ea B144 ea D144 ea F150 ea G108 H300 T Bar Ceil Ntrs Elect Mtls Drywall Masonry Floor tile F1astering Mt1s A/C v.V.t. Fainting Faint Rooting Kitchen Cabs Doors Kitchen Equip Concrete REBAK Plumbing Lithonia GS240FMA125-120ES or equals Lithonia 2GS240-FMA125-120ES Lithonia 2GS440-FM-A12-125-120ES Lithonia AW240-A-120-ES EJS 7983-31 Lite Control W-A1D66N14RS/24RS ABCWN MARCO D503151 Keyless ~" EMT 3/4" EMT 1" EMT 112 TW wire THHN 4/s Boxes SPL P1asterings ~ U THHN wire Duplex Receptic1es " "plates SP Switches " " plates 51.10 ea 51.10 ea 55.83 ea 49.65 ea 79.83 ea 295.00 ea 45.00 ea 1. 31 ea 21.00 c 30.78 c 46.75 c 43.47 M 1. 18 ea .87 ea 756.00M 4.80 ea .56 4.50 ea .56 ea .31 ea .37 ea .42 ea .51 ea .71 ea .85 ea 8.75 c 4.72 c 6.32 c 1. 40 ea Estimated total 459.90 459.90 1005.30 198.60 1357.11 2095.00 270.00 10.48 840.00 615.00 935.00 1312.20 212.40 156.60 226.80 264.00 30.80 108.00 30,80 124.00 37.00 84.00 38.25 35.50 17.00 26.25 23.60 31.60 162.40 134.00 2295.00 11301.49 2600.00 4300.00 1800.00 600.00 1400.00 1200.00 1400.00 1250.00 2150.00 3650.00 950.00 500.00 12500.00 $59197.98 NOTE: Total of items on list exceed the $30.000. allocated in COBG funds. It may be that a portion of the items listed may be donated and result in zero cost. In either instance COBG funds will be expended to make purchases of the items contained on this list. not to exceed $30.000. ~" EMT Conns " " coups 3/4" EMT Conns " "coups 1" EM canna " "coups Straps - 1 hole Y Scotch Locks R" " 40 watt lamps INC lamps EXHIBIT "B"