HomeMy WebLinkAbout1987-194
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 87-l94
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 FAMILY
SERVICE AGENCY OF SAN BERNARDINO.
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 Family Service Agency of San Bernardino, a copy of which
agreement is annexed hereto as Exhibit "1" and is incorporated
herein by reference as though fully set forth at length. The
agreement provides for the granting of Community Development
Block Grant funds in the following amount of $20,000.00
(rehabilitation) .
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the and Common Council of the City of San Bernardino
at a re\1u1 Ar
meeting thereof, held on the 15rh
day of
June
, 1987, by the following vote, to wit:
AYES:
Councilpersons Reillv. Flores. MAlld"l P.y.
Minor. Miller
NAYES:
None
ABSENT:
None ABSTAIN: Council Members EstrAda. Popp.-I.lldla
...-~-~..L;1~
/ City Clerk
6/2/87
,
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
The foregoing resolution
day of June
Approved as to legal form
and content:
K
j,{&C
1'./?/P.7
. .
[1- /11
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
A ~ lL1Unl ~ H .r
THIS AGREEMENT is entered into effective as of
Jillvl. , 1987, at San Bernardino, California,
between the CITY OF SAN BERNARDINO, a municipal corporation,
referred to as "City", and FAMILY SERVICE AGENCY OF
SAN BERNARDINO (REHABILITATION) , a
nonprofit community service organization, referred to as "Sub-
recipient" .
City and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance
from City for fiscal year 1987/1988 from funds available through
a community development block grant from the United States of
America to City.
(b) Subrecipient represents that the expenditures
authorized by this agreement are for valid community development
purposes, in accordance with federal law and regulations, and
that all funds granted under this agreement will be used for no
purpose other than those purposes specifically authorized. The
specific purposes and scope of services of this particular grant
are set forth in Exhibit "A", attached hereto and incorporated
into this agreement as though fully set forth herein.
2. Pavments. City shall reimburse Subrecipient for allow-
able costs incurred under the scope of this agreement and
applicable Federal regulations, which have not been paid for or
reimbursed in any other manner by any other Agency or private
source of funding. Reimbursement will be made at least on a
monthly basis, with the total of all such reimbursements not to
exceed $ 20.000.00
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
3. Term. This agreement shall commence July 1, 1987 and
terminate June 30,1987
4. Use of Funds: Budaet: Travel Limitation.
(a) The funds paid to Subrecipient shall be used by it
solely for the purposes set forth in Paragraph l(b) of this
agreement, and in accordance with the program budget submitted
by Subrecipient to the City of San Bernardino Community
Development Department, a copy of which is attached to this
agreement as Exhibit "B". This budget shall list all sources of
funding for the program covered by this agreement, whether from
state, Federal, local or private sources, and shall identify
which sources are paying for which specific portions of the
program, 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 expense, 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 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 not
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
~
21
~
~
24
~
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,
-3-
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
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
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 contractors. To
the extent permissable by state law rules, and regulations, the
standards adopted by Subrecipient shall provide for penalties,
sanctions or other disciplinary actions to be applied for
violations of such standards by either the Subrecipient's
officers, employees or agents, or by contractors or their
agents. Subrecipient shall provide a copy of the code or
standards adopted to City forthwith. All procurement
transactions without regard to dollar value shall be conducted
in a manner so as to provide maximum open and free competition.
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 Section 570.611 and to the
procurement rules specified in Office of Management and Budget
Circular No. A 102 Attachment "0" in its expenditure of all
funds received under this agreement.
8. Anti-Kick Back Provisions: Eaual Emolovment
ODDortunitv. 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,
-6-
1 Part 3). This act provides that each contractor or subgrantee
2 shall be prohibited from inducing, by any means, any person
3 employed in the construction, completion or repair of public
4 work, to give up any part of the compensation to which he is
5 otherwise entitled. Subrecipient shall report all suspected or
6 reported violations to City. All contracts in excess of
7 $10,000.00 entered into by Subrecipient using funds provided
8 under this agreement shall contain a provision requiring
9 compliance with Equal Employment Opportunity provisions
10 established by Executive Order #11246 as amended.
11 9. prevailina Waae Reauirement. Any construction
12 contracts awarded by Subrecipient using funds provided under
13 this agreement in excess of $2,000.00 shall include a provision
14 for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a
15 7) and as supplemented by Department of Labor Regulations
16 (29CFR). Under this Act, contractors shall be required to pay
17 wages to laborers and mechanics at a rate not less than the
18 minimum wages specified in a wage determination made by the
19 Secretary of Labor. In addition, contractors shall be required
20 to pay wages not less often than once a week. Subrecipient
21 shall place a copy of the current prevailing wage determination
22 issued by the Department of Labor in each solicitation and the
23 award of a contract shall be conditioned upon the acceptance of
24 the wage determination. Subrecipient shall report all suspected
25 or reported violations to City.
26 10. ADDroval of Citv of anv Charaes: Use of proaram
27 Income. City reserves the right to require Subrecipient to
28 obtain the prior written approval of City of any charges or fees
-7-
1
2
3
4
51
I
61
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. Temoorarv 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 to the use of the funds provided under this agreement shall be
2 retained by Subrecipient for a period of three (3) years, at a
3 minimum, and in the event of litigation, claim or audit, the
4 records shall be retained until all litigation, claims and audit
5 findings involving the records, have been fully resolved.
6 Records for non-expendable property acquired with federal funds
7 provided under this agreement shall be retained for three (3)
8 years after the final disposition of such property.
9 13. ProDertv Manaaement Standards. Non-expendable personal
10 property, for the purposes of this agreement, is defined as
11 tangible personal property, purchased in whole or in part with
12 federal funds, which has useful life of more than one (1) year
13 and an acquisition cost of three hundred dollars ($300.00) or
14 more per unit. Real property means land, including land
15 improvements, structures and appurtenances thereto, excluding
16 movable machinery and equipment. Non-expendable personal
17 property and real property purchased with or improved by funds
18 provided under this agreement shall be subject to the property
19 management standards specified in Attachment "Nn of Office of
20 Management and Budget Circular No. A-102, "Property Management
21 Standards".
22 14. Termination for Cause. City reserves the right to
23 terminate this agreement and any and all grants and future
24 payments under this agreement in whole or in part at any time
25 before the date of completion of this agreement whenever City
26 determines that the Subrecipient has failed to comply with the
27 conditions of this agreement. In the event city seeks to
28 terminate this agreement for cause, City shall promptly notify
-9-
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
the Subrecipient in writing of the proposed termination and the
reasons therefore, together with the proposed effective date.
Subrecipient shall be given an opportunity to appear before the
Mayor and Common Council at the time at 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 determination by the Mayor and Common Council that the
contract 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.
15. Termination for Convenience. City or Subrecipient may
terminate this agreement in whole or in part provided both
parties agree that the continuation of the project would not
produce beneficial results commensurate with further expenditure
of funds. In such event, the parties shall agree upon the
termination conditions, including the effective date and, in the
case of partial terminations, the portion to be terminated. The
Subrecipient shall not incur new obligations for the terminated
portion after the effective date and shall cancel as many
outstanding obligations as possible. City shall allow
Subrecipient full credit for the City's share of the non
cancellable obligations properly incurred by the Subrecipient
prior to termination.
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:
Family Service Agency of
San Bernardino
1669 North "E" Street
San Bernardino, CA 92411
Director
Community Development Dept.
city of San Bernardino
City Hall, Fifth Floor
300 North "0" Street
San Bernardino, Calif. 92418
1
2
3
4
5
6
7
8
9
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.
10
11
ATTEST:
12 ~d#Y/' ~
13
14 City Clerk ~~
47
15
16
17
18
19
20
Approved as to form
21 and legal content:
22 I 9-.ll
23 I '6..
J City Attorney
24
25 KJH/lb
0068
26 June, 1987
27
28
CITY ~ SAN BERNARDINO
BY: ~q,) Jt~#
Mayor, the City of
San Bernardino
SUBRECIPIENT:
BY:~~ /i-4J
presid nt
BY:, 1 /b.u~ YJv{J/.it<-/
- , Secretary
. .
. .
/Glhd b
FAMILY SERVICE AGENCY ~IAIN OFFICE IMPROVDlENT PLAN
FAMILY SERVICE AGENCY OF SAN BERNARDINO
May 29, 1987
The main office of the Family Service Agency of San Bernardino is located
at 1669 North "E" Street (Corner of 17th & "E") in the City of San Bernar-
dino, California. The main office is located within one mile of the San
Bernardino City Hall; Norman F. Feldheym Library; and the City Historical
and Pioneer Society building. Additional offices are located at 1655,1657,
1659,1661 North "E" Street, San Bernardino, and 9880 "H" Sierra Avenue in
Fontana, California. All buildings in San Bernardino at the above address-
es are owned by the Family Service Agency.
The main office building is approximately sixty years old and badly in
need of rehabilitation internally and externally. The facility rehabilita-
tion improvement plan calls for CDBG funding on a matching basis between
the City and County of San Bernardino, with the City of San Bernardino. .
being the lead Agency.
This main office capital improvement plan includes the following items
for rehabilitation:
1. Preperation and paint interior of the bUilding complete to the
owner's choice of color. Includes removal of acoustical panels
on ceilings of 3 rooms, spray new acoustical ceilings through-
out interior and repairs as necessary.
2. Remove and install new commercial grade carpeting throughout
interior, excluding bath rooms, material not to exceed $10.00
per square yard.
3. Removal of existing air conditioning units and furnace. Install
ductwork and two (2) 4 ton heating/air conditioning units. Heat
to be heat pumps.
4. Remove and install new flat roof, build up roofing, and haul
away debris.
5. Install handicapped grab bars in 3 bathrooms. Install concrete
handicapped ramp at front entrance. Demolish and haul away ex-
isting. Roto root all sewer and waste lines.
6. Check and verify existing wiring, circuits, fixtures and replace
necessary fixtures, outlets, switches, etc.. Install approxi-
mately 11 new outlets, replace and repair as necessary, install
3 six foot outlets ( 1 in each bathroom ).
7. Preperation and paint exterior of the building complete to the
owner's choice of color.
The estimated cost of this rehabilitation plan is $40,000, with $20,000
to be provided through CDBG funding with the City of San Bernardino and
$20,000 through CDBG funding with the County of San Bernardino.
EXHIBIT ",,"
. ....
DETAILED CONTRACTS BUDGET
FSA OF SB MAIN OFFICE IMPROVEMENT PLAM
FAMILY SERVICE AGENCY OF SAM BERNARDINO
May 29, 1987
ITE}IIZED PROJECTED
REHABILITATION
PROJECTED COST PROJECTED COST
SB CITY CDBG SB COUNTY CDBG
TOTALS
1. Advertise for bids $500.00 $500.00 $1,000.00
2. Prep & Paint Interior $3,690.00 $3,690.00 $7,380.00
3. Remove & Install Carpeting $3,500.00 $3,500.00. $7,000.00
4. Remove & Install Heating, $6,000.00 $6,000.00 $12,000.00
AlC and ducting
5. New flat roof $1,500.00 $1,500.00 $3,000.00
6. Ramp & 3 Bathrooms (Hndcpd.) $1,310.00 $1,310.00 $2,620.00
7. Electrical wiring to code $1,000.00 $1,000.00 $2,000.00
8. Prep & Paint Exterior $2,500.00 $2,500.00 $5,000.00
9. GRAND TOTAL EXPENDITURES
$20,000.00 $20,000.00
$40,000.00
All of the above projected rehabilitative expenditures are based on an estimate
provided by David A. Davies General Contractor, 8830 Somerset, Alta Loma, California,
91701, License number '421996, Telephone number (714) 987-9811. For further infor-
mation please contact Mr. David A. Davies.
ELF:ef