HomeMy WebLinkAbout1986-279
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RESOLUTION NO. 86-279
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
2 DIRECTING THE EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT
3 FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE HOME
OF NEIGHBORLY SERVICE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute for and on behalf of
8 said City a Community Development Block Grant funding agreement
9 with the Home of Neighborly Service. A copy of said agreement is
10 attached hereto as Exhibit "1" and incorporated herein by
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reference as though fully set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
reqular
meeting thereof, held on the
day of
July
, 1986, by the following vote, to
7th
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AYES:
Council Members
Reilly. Hernandez Frn7.i~r,
Strickler
None
NAYS:
ABSENT:
Council Members Estrada. Marks, Ouiel
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d /},'/L
..#"/~;i70'#Cf?~'.l&/
/ City Clerk
The foregoing reso1ution~~ hereby approved this /o~ day
July , 1986. lk'- ~/1-"-./ 7J-~
Mayor of he City of San Bernardino
Approved as to form:
28 /(,-"7 , "/ /,/j ;,")
t;'~".:~."(' // ..' ',..' . ;~. . . ..... ;.;~.>~:>c;-t::.e.'/
City ~ttorney
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DIS AGREEMENT is entered into effective as of
JULY 1
4 1986, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a
municipal corporation, referred to as "City", and HOME OF NEIGHBORLY
SERVICE
a nonprofit community service organization,
referred to as "Subrecipient".
City and Subrecipient agree as follows:
1. B.ecit8.ls.
(a) Subrecipient has requested financial assistance from City for
fiscal year 1986/1987 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 "AM, attached hereto and incorporated into this
Agreement as though fully set forth herein.
2. Payments. City shall reimburse Subrecipient for allowable costs
incurred under the scope of this Agreement and applicable Federal regulations,
221 which have not been paid for or reimbursed in any other manner or by any other
23 Agency. Reimbursement will be made at least on a monthly basis, with the,
24 total of all such reimbursements not to exceed $1.700.00
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3. Tera.
This Agreement shall commence July 1, 1986, and terminate
June 30, 1987.
4. Use of
Funds; Budget; Travel L1.m1tation.
The funds paid to
28 Subrecipient shall be used by it solely for the purposes set forth in
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Paragraph l(b) of this Agreement, and in accordance with the program budget
submitted by Subrecipient to the Redevelopment Agency of the City of San
Bernardino, a copy of which is attached to this Agreement as Exhibit "Bit.
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. 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 Agency and Subrecipient in the budget. Any
travel expenses incurred by Subrecipient above the budgeted amount or for
out-of-town travel shall not be eligible for reimbursement unless the prior
written approval of the Executive Director of the Redevelopment Agency of the
City of San Bernardino, or his or her designee, has been obtained. 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. Only net payroll shall
be periodically reimbursed by City as an allowable cost. Any amounts withheld
by Subreclpient 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 wittilioldingsl
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are actually paid over to the entity entitled to such payment. Upon suchl
payment and tbe submission of evidence of such payment to the Redevelopment
Agency, such expenses shall be regarded as allowable cost, and City sha!
27 . reimburse Subrecipient for such obligation. A variation in the
28 I costs, as set forth in the proposed budget submitted to City,
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not to excee1
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10% as to any particular line item, shall be allowed, provided the prior
written approval of the Executive Director of the Redevelopment Agency of the
City of San Bernardino is obtained, it being understood that the total amount
of the grant shall not be varied thereby. At the end of the term, all
unexpended funds shall be returned to the City by Subrecipient. The parties
intend that grant funds be utilized within the time period covered by this
Agreement, and 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. . Accounting. Prior to the final payment under this Agreement, and
at such other times as may be requested by the Executive Director of the
Redevelopment Agency of the City of San Bernardino, Subrecipient shall submit
to the Executive Director an accounting of the proposed and actual
expenditures of all revenues accruing to the organization for the fiscal year
ending June 30, 1987. Financial records shall be maintained by Subrecipient
in accordance with generally accepted accounting principles, in a manner whic
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. Standards for financial management systems
and financial reporting requirements established by Attachment "F" and
Attachment MG" of Office of Management and Budget Circular No. A-110 shall bel
fully complied with by Subrecipient. Subrecipient acknowledges that the funds
provided are federal funds. 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
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1 Subrecipient to adequately safeguard all assets of the program, and
21 Subrecipient shall assure that they are used solely for authorized purposes.
3. 6. Services Available to Residents; Monitoring and Reporting Program
4 Performance.
The services of Subrecipient shall be made available to
5 residents and inhabitants of the City of San Bernardino unless otherwise noted
6 in Exhibit "A". No person shall be denied service because of race, color,
7 national origin, creed, sex, marital status, or physical handicapp.
8 Subrecipient shall comply with Affirmative Action guidelines in its employment
9 practices. Subrecipient shall also monitor the program's activities and
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10 submit written reports quarterly, or more often if requested, to the Executive
11 Director of the Redevelopment Agency of the City of San Bernardino, in
12 accordance with Attachment "H", Office of Management and Budget Circular No.
13 A-llO. Failure to provide such quarterly performance reports may prevent the
14 processing by City of Subrecipient's requests for reimbursement, and may
15 justify temporary withholding as provided for in Paragraph 11 hereof.
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7 . Procurement
Practices.
Subrecipient
shall
comply
with
17 procurement procedures and guidelines established by Attachment "0" to Office
18 of Management and Budget Circular No. A-102, "Procurement Standards.'. In
19 addition to the specific requirements of Attachment "0" to Circular No. A-102,
20 Subrecipient shall maintain a code or standards of conduct which shall govern
21 the performance of its officers, employees or agents in contracting with and
22 expending the Federal grant funds made available to Subrecipient under this
23 Agreement. Subrecipient's officers, employees or agents shall neither solicit
24 nor accept gratuities, favors, or anything of monetary value from contractors
25 or potential contractors. To the extent permissible by State law, rules, and
26 regulations, the standards adopted by Subrecipient shall provide for
27 penalties, sanctions or other disciplinary actions to be applied for
28 violations of such standards by either the Subrecipient's officers, employees
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Subrecipient shall provide a
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copy of the c,ode or standards adopted to City forthwith.
All procurement
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transactions without regard to dollar value shall be conducted in a manner so
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provide maximum open and free competition. The Subrecipient shall be
to organizational conflicts of interest or non-competitive practices
contractors which may restrict or eliminate competition or otherwise
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restrain trade.
Subrecipient agrees to adhere to the procurement rules
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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; Equal Eap10yment Opportunity.
All
contract 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
CPR, Part 3). This act provides that each contractor or subgrantee shall be
any person employed
in
the
prohibited
from inducing,
by any means ,
construction, completion or repair of public work, to give up any part of the
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compensation to which he is otherwise entitled.' Subrecipient shall report all
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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. Prevailing Vage I.equireaent. Any construction contracts awarded
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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.
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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. Approval of City of any Charges; Use of Program Income. City
reserves the right to require Subrecipient to obtain the prior written
approval of City of any charges or fees to be charged by Subrecipient for
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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, 1987). Interest earned on funds advanced under the Agreement shall
be paid to the City.
11. Temporary
Withholding.
The
Executive
Director
of
the
Redevelopment Agency of the City of San Bernardino is authorized to
temporarily withhold the payment of funds to Subrecipient when the Executive
Director determines that any violation of this Agreement has occurred. Funds
shall be withheld until the violation is corrected to the satisfaction of the
Executive Director or of the Mayor and Common Council. Subrecipient shall
have the right to be heard by the Mayor and Common Council if Subrecipien t
maintains no violation of the Agreement has occurred, which hearing shall be
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] held within 45 days after the funds have first been withheld, provided
2 Subrecipient requests such hearing within 15 days after such first withholding.
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12. Records Retention.
Financial records, supporting documen ts ,
4 statistical records, and all other records pertaining to the use of the funds
5 provided under this Agreement shall be retained by Subrecipient for a period
6 of three (3) years, at a minimum, and in the event of litigation, claim or
i audit, the records shall be retained until all litigation, claims, and audit
8 findings involving the records, have been fu1ly resolved. Records for
9 non-expendable property acquired with federal funds provided under this
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10 Agreement shall be retained for three (3) years after the final disposition of
11 such property.
12 13. Property Management Standards. Non-expendable personal property,
13 for the purposes of this Agreement, is defined as tangible personal property,
14 purchased in whole or in part with Federal funds, which has useful life of
15 more than one (1) year and an acquisition cost of three hundred dollars
16 ($300.00) or more per unit. Real property means land, including land
17 improvements, structures and appurtenances thereto, excluding movable
18 machinery and equipment. Non-expendable personal property and real property
19 purchased with or improved by funds provided under this Agreement shall be
20 subject to the property management standards specified in Attachment "N" of
21 Office of Management and Budget Circular No. A-l02, "Property Management
22 Standards" .
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14. Termination for Cause. Ci ty reserves the right to terminate this
24 Agreement and any and all grants and future payments under this Agreement inl
251 whole or in part at any time before the date of completion of this Agreement
26 whenever City determines that the Subrecipient has failed to comply with the
27 conditions of this Agreement. In the event City seeks to termina te this
28 Agreement for cause, City shall promptly notify the Subrecipient in writing of
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1 the proposed termination and the reasons therefore, together with the proposed
21 effective date. Subrecipient shall be given an opportunity to appear before
3 the Mayor and Common Council at the time at which the Mayor and Common Council
4 are to consider such recommended termination, and shall be given a reasonable
5 opportunity to show cause why, if any exists, the Agreement should not be
6 terminated for cause. Upon determination by this Mayor and Common Council
7 that the contract should be terminated for cause, notice thereof, including
8 reasons for the determination, shall promptly be given to Subrecipient,
9 together with information as to the effective date of the termination. The
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]0 determination of the Mayor and Common Council as to cause shall be final.
1] 15. _ Termination for Convenience. City or Subrecipient may terminate
12 this Agreement in whole or in part provided both parties agree that the
13 continuation of the project would not produce beneficial results commensurate
14 with further expenditure of funds. In such event, the parties shall agree
15 upon the termination conditions, including the effective date and, in the case
16 of partial terminations, the portion to be terminated. The Subrecipient shall
17 not incur new obligations for the terminated portion after the effective date
18 and shall cancel as many outstanding obligations as possible. City shall
19 allow Subrecipient full credit for the City's share of the non-cancellable
20 obligations properly incurred by the Subrecipient prior to termination.
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16. Hold Harmless.
Subrecipient agrees to indemnify and save
22 harmless the City and its employees and agents from all liabilities and
23 charges, expenses (including counsel fees), suits or losses, however
24 occurring, or damages, arising or growing out of the use of or receipt of
25. funds paid under this Agreement and all operations under this Agreement.
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26 Payments under this Agreement are made with the understanding that the City is
27 not involved in the performance of services or other activities of
28 Subrecipient. Subrecipient and its employees and agents are independent
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1 contractors and not employees or agents of City.
2 17. Aalendaent. This Agreement may be amended or modified only by
3 written agreement signed by both parties, and failure on the part of either
4 party to enforce any provision of this Agreement shall Dot be construed as a
5 waiver of the right to compel enforcement of any provision or provisions.
6 18. Assigoment. This Agreement shall not be assigned by Subrecipient
7 without the prior written consent of City.
8 19. Notices. All notices herein required shall be in writing and
9 delivered in person or sent by certified mail, postage prepaid, addressed as
10 follows:
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As to City:
As to Subrecipient:
Executive Director,
Redevelopment Agency of the
City of San Bernardino
City Hall, Third Floor b. 320
300 North wDw Street
San Bernardino, Calif. 92418
Home of Neighborly Service
839 North Mt. Vernon Ave.
San Bernardino, Ca. 92411
20. Evidence of Authority.
Subrecipient shall provide to City
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evidence in the form of a certified copy of minutes of the governing body of
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Subrecipient, or other adequate proof, that this Agreement has been approved
in all its detail by the governing body of 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.
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IN WITNESS WBEREOF, the parties hereto have executed this Agreement
on the day and year first hereinabove written.
ATTEST:
~//?/4~4Pr-
,/ City Clerk
Approved as to legal form:
. /?/v
~t .;q~'<f:jrt-
ft~;;f,. City Attorneyt7,
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June/1985
Ii 977L
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CITY ~SIJl BERXAlDIHO:
BY: ... .d~~ff~
Mayor '
SDBRECIPlENT :
BY: V~~ f IltU:~~ 7
I President ~
BY: 11~2JA s~c~:/j/f'~rn/~ ~
EXHIBIT "A"
JIon)e 2fJJe~hbor''y ~nlia
Phone
(714) 185.3491
.O".",Of'IT .......IZ..TIO..
ARROWHEAD UNITED WAY AGENCV
839 No. Mt. Vl"mon Avenut"
San BPmardino, Califomia 92411
ANDREW L. SCOTl'
II&.CVTJ". D...cro.
U..ITeD "'&.."TC....... ....M.OIIMOOO ..ou.~
June 24. 1986
SCOPE OF SERVICES
Funds provided by the Redevelopment Agency for the above projects
will be used to purchase materials, rental of tools for construction
of chain link fence and to pay for materials and labor for paving
of drive way (turn-around).
The Home of Neighborly Service will furnish the labor for completion
of construction of fencing.
EXHIBIT "B"
9lome ~JJe~hbor''y ~rvi~
Phone
(714) 185-3491
.O..PROFIT ....A.,aATlO.
ARROWHEAD UNITED WAY AGE'NCY
839 No. Mt. V..mon Avenup
San JM.mardino. California 92411
ANDREW L. SCOTT
.a.c~.. D...CTO.
U.,TED ....IAYTK..,.. ..,....oe..OOO ..oual
June 24, 1986
BUDGET
A. Budget for repairing of fence:
- 1. Materials:
a. Concrete- - - - - - - - - - - - - - - - - - $
30.00 Grant
c.
Steel post - - _
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Chain-link fencing - - --- =-- - -=--;:::;;
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Rental of tools - - -
370.00 Grant
b.
d.
2. Labor - 42 hours
3. Supervision - 10 hours - - - - -
_ _ - - 200.00 Volunteer
- - - - 50.00 Volunteer
$ 650.00
B. Budget for construction of drive way (turn-around):
1. Asphalt paving to be performed by contractor
GRAND TOTAL:
$1,300.00 Grant
$1,950.00