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Home My WebLink AboutR06-Redevelopment Agency ?"...... o V I LOP MI. T D E P A RI,J. I . r OF THI CITY OF SAN BERNARDINO - REOUEST FOR COMMISSION/COUBCIL ACTIOR '- From: KENNETH J. HENDERSON Executive Director Subject: FY 1992-1993 CDBG AGREEMEBr BETWEEl'f THI CITY AND FRAZEE COMMUBITY CEIlTER Date: June 30, 1992 ------------------------------------------------------------------------------- SvnoDsis of Previous Commission/Council/Committee Action(s): On February 17, 1992, the Mayor and Common Council approved and adopted the FY 1992/1993 CDBG Program Mix and authorized staff to solicit proposals for same. On May 18, 1992, the Mayor and Common Council took an action establishing JUDe 1, 1992 at 3:00 p.m., for the date and time certain of the FY 1992/1993 CDBG Public Hearing. On JUDe 1, 1992, the Mayor and Common Council reviewed recommendations submitted by the Community Development Department Citizen Advisory Committee and approved same for CDBG funding assistance for Fiscal Year 1992/1993. ------------------------------------------------------------------------------- Recommended Motion(s): (Mavor and Common Council) i"" :- , ~, RESOLUTION OF THE MAYOR AND COMMON COUNCIL 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 FRAZEE COMMUNITY CENTER. Adm-:I!:rator ------------------------------------------------------------------------------- Contact Person(s): Kenneth Henderson/Art Hassel Phone: 5081 Project Area(s): All Proiect Areas Ward(s): All Wards Supporting Data Attached: Staff ReDort: Resolution: Exhibits FUNDING REQUIREMENTS: Amount: $ 20.000.00 Source: FY 92/93 CDBG LOC Budget Authority: Previous1v Established 6/1/1992 ------------------------------------------------------------------------------- Commission/Council Notes: ------------------------------------------------------------------------------- KJH:SWP:AH:dle:S788R COMMISSIOR MElTING AGENDA Meeting Date: 07/06/1992 - I.... Aaenda Itsll Number: h - '- /'""\ - I '- - , .... - - ..... ()VILOPMI.r DIPAllMI.r OF THE CIn or SAlt BERlIARDlI'O STAFF REPORT Frazee Communi tv Center FY 1992/1993 CDOO Aneement On June 1, 1992, the Mayor and Common Council conducted the FY 1992/1993 CnBG Public Hearing and awarded Community Development Block Grant funds to certain public service, capital improvement and fair housing projects. Agreements are now required to implement said projects. The attached Agreement between the City and Frazee Community Center, includes a "scope of services" and "program bUdget", referred to in the Agreement as Exhibits "A" and "B", respectively. These Exhibits are incorporated by reference as though fully set forth at length. Adoption of the attached Resolution by the Mayor and Common Council authorizes and directs the Mayor and City Clerk to execute the Agreement as described herein. Per the direction of the Mayor and Common Council at the above referenced Public Hearing, CDBG funds will not be disbursed unless and until minutes from the nonprofit agency's board meetings over the last twelve (12) months and financial statements, preferably audited, have been submitted to the department. Staff recommends adoption of the attached Resolution. KE J. mnm ISO., EXecutive Director Development Dep rtment ------------------------------------------------------------------------------- KJH:SWP:AH:dle:S788R COMMISSIO. MUTI.G AGENDA Meeting Date: 07/06/1992 Aaenda Item .umber: \t - '- i") - ...... - 18 19 20 21 22 23 24 25 26 27 28 " - '-' -, -...I I 2 3 4 5 6 7 8 9 10 J] 12 13 DSOLDrIcm mItDu USOLDrIO. 01' DB IlAYOR AJID COIKl. COUBCIL 01' DB CID 01' SAIl BDnRDIID ADmORIZIII: AJID .IUCUII: DB DlCU'lIcm OJ' A COn.woJ.TY DBVBLOPIIDr m.oCJ: c:JWIr lUIDIII: .lCS<l:uwu Db.... DB CITY 01' SAIl .1rIIIIAllnxm AJID I'RAZD ClIlI__.lrJ ~ .. IT DSOLVID BY DB IlAYOR AJID COIIIlI conCIL 01' DB CITY 01' SAIl .1rIIIIAllnIID .u fOLLOWS: Section 1. (a) The Mayor of the City of San Bernardino i. hereby authorized and directed to ezecute, on behalf of the City, an acreement for CllIIIIIIUDity Dsvelopaaent Block Grant fundina with Frazee COIIIIIUDitv Center, Which acreement is attached hereto a. EXhibit "1", and is incorporated herein by refarenced as though fuly .et forth at lenath. The agreement provides for the arantina of CllIIIIIIUDit7 Development Block Grant funds in 14 the follovina aaount of *20.000. 15 Section 2. 16 (a) the Authorizations to execute the above referenced aareement is 17 rescinded if the parties to the agreement faU to ezecute it within .1xty (60) days of the pas.ace of thi. Resolution. 1// //1 //1 1// 1// 1// 1// //1 1// 1// - 1 - f.c; ,- """ - '-' I 2 3 ,~ ;,...,I RISOLDrIO. OF TIll CIT! or UII R1!II1ullnIlIO ADl'IIORIZIK TIll IDcunOll or . CDIIG jCIIRIbu8r BInr..... TIll CIT! A1ID I'RAZD COII_1UT! ......UK I BlREBY CERTIFY that the foreaoina Resolution was duly adopted by .. the Mayor and COlllllon Council of the City of San Bernardino at "- I-' .' I \ - 5 6 7 8 9 10 II 12 13 14 J5 J6 17 18 a meetina thereof, held on the day of , 1992, by the followina vote, to wit: ADI lAD AB~jT1l COIIltCIL MIlMIInS: ESTHER ESTRADA JACE REILLY RALPH BlR1WIDEZ MICHAEL MAUDSLEY TOM MINOR VALERIE POPE-LUDLAM NORna: MILLD ABSDT City Clerk of The foregolna resolution is hereby approved this , 1992. J9 20 W.R. Bolcollb, Mayor 2J Approved as to f01'll and lead content: - 22 23 24 25 26 27 28 "" JAMBS r. PElUWI, :~~ 2286B day - 2 - & - I 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 '- (') - , L? - .....' ,,.....,'" .- ; '- '-' STAT! or CALIFORNIA COlmTY or sou BERNARDINO CITY or sou BERNARDINO ) ) ) as I, City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the foreaoing and attached copy of Mayor and Common Council of the City of San Bernardino Resolution Bo. is a full, true and correct copy of that now on fUe in this office. IB WITRBSS WHEREOr, I have hereunto set ~ hand and affixed the official seal of the Mayor and Common Council of the City of San Bernardino this _ day of , 1992. City Clerk Ci ty of San Bernardino By: Deputy - 3 - & .1"" '- c:) '- - "-...... - '-' -, '-' .lGRBBIIB.T rsIS AGREBMlnT la entered into effective aa of the 1st da. of Jul. 1992, at San Bernardino, California, between the City OF SAN BERKARDINO, a municipal corporation, referred to as "City", and I'RAZD co.nurr WUU:_, a nonprofit C_ity service oraanization, referred to as "Subrecipient". City and Subrecipient aaree as follows: 1. Reel~.l.. (a) SUbrecipient has requested financial assistance from City for fiscal year 1992/1993 froa funda available through the Community Development Block Grant Proaram froa the United Statea of America to City. (b) SUbrecipient represents that the ezpenditures authorized by thia Aareement are for low and moderate income citizens Which are poverty stricken with emeraency food and referral services for employment and housing, Which are valid and eliaible community development purposes, as defined in CFR Part 570 in accordance with federal law and regUlations, and that all funds aranted under this Aareement will be used for no purpose other than those purposes specifically authorized. The specific purpoaea and scope of services of this particular arant are set forth in J:zhlbit "A", attached hereto and incorporated into this Aareement aa thouah fully aet forth herein. (c) SUbrecipient will comply with applicable uniform administrative requirements, as described in 24 CFR, Part 570.502. (d) Subrecipient will carry out each activity, proaram andlor project in coapliance with all federal laws and reaulationa as set forth in 24 -1- & i, - '- - , '-' cn, Part 570, with the following ezceptiona, (1) the SUbrecipient does not /~ "- as.ume the envirouaental responalblitles of the Grantee as deacrlbed in 24 cn, Part 570.604, and; (ii) the Subreeipient doea not assume the Grantee's responaiblities for initiatina the review process under Executive Order Number 12372. (e) SUbreclpient will comply with the requirements aet forth in the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended, (ORA), 49 en, Part 24 in accordance with federal reculationa when attaptina to or acquiring any building or parcel of land. Subrecipient will be required to obtain written approval from the Executive Director of the Development Department prior to any aetlvity takina place within the confines of ORA 49 en, Part 24, as amended. 2. P."'f!ftt.. City shall ret.burse Subrecipient for allowable costs incurred t} under the acope of this Acreement and applieable Federal uaulations, Which have not been paid for or ret.bursement will be made at least on a 1I0nthly basi., with the total of all auch reimbursements not to ezceed $20,000. 3. %uL liU. This Acreaent shall commence July 1. 1992, and terminate June 30. 4. UBe of JIlIn...! Bu4_et:: ~r.'9'el Liaft:atlcm... (a) the funds paid to Subreeipient shall be used by it solely for the purposes aet forth In Paraaraph l(b) of this Aauement, and in eccordance with the proaram budaet submitted by SUbrecipient to the City of San Bernardino Community Developalent Department, a copy of Which is attached to thi. Acreement as Izhibit "B". This budaet .hall list .11 source. of funding 40' ''.0. -2- &, ,- /-- '-- /~ I..... "'" \", r '- --. '-'" for the proar.. covered by this Acreeaent, whether from State, Federal, local or private sourcea, and shall identify which sources are paying for Which specific portiona of the proaram, by line-item, to the extent practicable. (b) .0 Travel ezpenses for out-of-state travel shall be included In this proaram unless specifically listed in the budaet as submitted and approved, and all travel expenses to be funded from funds provided hereunder shall be specifically identified as travel ezpenae, which shall be neaotiated between the City of San Bernardino Development Department and Subrecipient in the budaet. Any travel ezpenaes incurred by SUbrecipient above the budgeted amount or for out-of-state travel shall not be eUaible for reimbursement unless the prior written approval of the Executive Director of Development Department of the City of San Bernardino, or desianee, has been obtained. (c) Funds shall be used for purposes authorized by the Community Development Block Grant Proaram only, and no portion of the funds granted hereby shall be used for any purpose not apecifically authorized by this , Acreement. (d) Only net payroll ahall be periodically reimbursed by City as an allowable coat. Any amounts withheld by Subrecipient from an employee's pay for taxea, aocial aecurity, or other withholdinas are actually paid over to another entity, ahall Dot be included aa waaes or ezpenaes ellaible for reiabursement as an allowable coat until such time as the withheld tazes, aocial security, or other WithhOlding and not immediately psid 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 Development Department, such expenses shall be regarded as an allowable cost, and the City shall reiaburse SUbrecipient for such obliaation. -3- & .- '-' ,-.., '-' (e) Subrecipient shall be allowed, with the prior written approval c of the Development Department of the City of San Bernardino, to aUe changes to the budget during the first three (3) quarters of the fiscal ~ear, so lone as Subrecipient is in compliance with Section "2" of this Agreement at the time of submiaaion of the budaet modification request. A nriation in the Itemization of costs, as .et forth in the proposed budaet submitted to City, not to exceed ten percent (lOS) as to any particular line item, shall be allowed, provided that the prior written approval of the lZecutive Director of the Development Departllent of the City of San Bernardino is obtained, it being understood that the total amount of the arant shall not be varied thereby. (f) The parties intend that arant funds be utilized within the time periOd covered by this Aareement, and entitlement to any fund. not expended or obliaated shall revert to the City. 80 reserve for the future ~ - " commitments made for services provided durina the period of this Agreement, ~ shall be established with the funds ezcept as may be authorized to meet but not yet paid for at the concluaion of this Aareement. (a) SUbrecipient .hall remain in compliance with all state, federal and local laws prior to the receipt of any reimbursement hereunder. This inClUdes, but i. not limited to, all laws and reaulationa relative to the form of oraanization, local business licenses and any laws and regulations specific to the business and activity carried out by Subrecipient. Reillbursement shall not be made to SUbrecipient which is not operating in compliance with all applicable laws. Reimbursements may be SUbsequently paid, at the direction of the Executive Director of the Development Department for reimbursement costs incurred during the period when compliance is achieved before expiration of this Aareement. - '- -4- &, ,- '- (\ i- I \",. - ....... c ,- \",..I 5. ..lee01lll~tft.! .lad!t:.. (a) Prior to the final payment under this Agreement, and at such other times as ..y be reque.ted by the Executive Director of the Development Department of the City of San Bernardino, Subrecipient .hall .ubmit to the Director an accountina of the proposed and actual ezpenditures of all revenues fro. Whatever source accruing to the oraanization for the fiscal year ending June 30, 1992. (b) Financial record. shall be ..intained by SUbrecipient in accordance with Generally Accepted Accountina PrinCiples, and in a manner Which permits City to trace the expenditures of fund. to source documentation. All books and records of sUbrecipient are to be kept open for inspection at any tille 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 arant proaram.. (c) Standards for financial manaaement aystema and financial reportina requirement. established by 24 CFR, Part. 85.20 and 85.22 shall be ful17 complied with by Subrecipient. Subrecipient acJtnowledaes that the fund. provided are federal fund.. (d) SUbrecipient's financial manaaement aystem .hall provide for accurate, current and complete disclosure of the financial results of each proaram sponsored by this Aareement. It is the responsibility of Subrecipient to adequately safeausrd all .s.ets of the proaram, and Subreciplent shall assure that they are used solely for authorized purposes. 6. SerYfe.. A..llable 1:0 Residen!:.: lIon.ft:orfn... 8ft" ReDDrtf.... Pro.r_ Perf'o~taftee.. The services of Subrecipient shall be ..de available to residents and iDhabitants of the City of San Bernardino unless otherwise noted in -5- ~ -- - v ........" EXhibit "A". .0 person shall ba denied service because of race, color, - ! '- national oriain, creed, sez, marital status, or physical handicap. SUbrecipient shall comply with Affirmative Action auidelines in its employment practices. SUbrecipient shall also monitor the program's ectivitiea and submit written reports quarterly, or more often if requested, to the Executive Director of the Development Department of the City of San Bernardino, in accordance with 24 CFR, Part gS.4l(c)(d) and Part '5.21. Failure to provide auCh quarterly performance reporta may prevent the processina by City of SUbrecipient's requests for reimbursement, and may justify temporary v1thholdina as provided for in Paraaraph "ll" hereOf. City reaervea the ri&ht to waive such breech, without prejudice to any other of ita rights hereunder, upon a finding by the EXecutive Director of the Development Department that auCh failure was due to eztraordinary circumstances and that such breaCh has I"" .J- f '- been timely cured without prejudice to the City. 7. Praear........~ Prac:tlea! l:DIlnlc:t of Illt.reat. SUbrecipient ahall comply with procurement procedures and auidel1nea establ1ahed by 24 CFR, Part 15.36(d)(1), Subrecipient "Procurement Standarda". In addition to the specific requirements of 24 CFR, Part gS, Subrecipient shall maintain a code or atandarda of conduct which shall aovern the performance of ita officer., employees or aaents in contracting with and expending the federal arant fund. made availeble to Subrecipient under this Aareement. SUbrecipient'. officers, employees or agent. shall neither solicit nor accept gratuitiea, favors, or anythina of monetary value from contractors or potential contractor.. To the eztent permisaible by state law, rules, and -- reaulations, the .tandard. adopted by SUbrecipient shall provide for penalties, sanctions or other di.ciplinary actions to be applied for violations of such standarda by either the SUbrecipient.'s Officers, employees ...... -6- u ..... '- /~ ;-, """ - '- ,- \"..I -- '-' or acents, or by contractors or their acents. Subrecipient shall provide a copy of the code or standarda adopted to City forthwith. All procurement transactiona without reaard to dollar yalue shall be conducted in e manner so as to provide mazimam open and free competition. The SUbrecipient shall be alert to oraanizationsl conflicts of interest or non-competitive practices &mona contractors which may reatrict or eliminate competition or otherwise reatrain trade. Subrecipient acreea to adhere to conflict of intereat provisions set forth in 24 CFI Section 570.611 and to the procurement rules specified in 24 CFI, Part 85.36, in its ezpenditure of all funda received under this Aareement. I. Anti-8.ck Back Provlaiona: Baual bDlnaent Omlart....ttv. All contracts for construction or repair uaina funda provided under thia Aareement shall include a proYision for compliance with the Copeland "Anti-Kick Back" Act (11 U.S.C. 874) as supplemented in Department of Labor Regulations, (29 CFI, Part 3). This Act provides that each contractor or sllbarantee shall be prohibited from induclna, b7 any aeana, any person employed in the construction, completion or repair of public work, to aive up any part of the compensation to Which he/ahe ia otherwise entitled. Sllbrecipient shall report all suspected or reported violations to City. All contracts in ezc..s of $10,000.00 entered into b7 SUbrec1pient uaing funds provided under thia Acreement shall contain a proYision requirina compliance With Equal EmploJllent Opportunity provia1ona established by EXecutive Order RlDber 11246, es amended. 9. Prey.llt... Vue aeaufr_I!Ilt:.. ItrJ:1 construction contracts awarded b7 Subrecipient ulna flDlds provided under this Acre_ent in ezceas of $2,000.00 ahall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276(a) to 276(a)(7)) and as -7- w ,.. '- !~) '- - \,.. ,...., '-' - '...-i supplemented by Department of Labor Reaulations (29 CrR). Under this act, contractors shall be required to pay waaes to laborers and aechan1cs at a rate not less than the ainimua wages specified in a waae determinatioa determination made by the Secretary of Labor. In addition, contractors shall place a copy of the current pr.vailina vaae determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of tha waa. determination. SUbrecipient shall report all suspected or reported violations to City. 10. .l~DroY.l oE Cia of aIIW I:harae.t U.. of Proar.. Ineo.e. (a) City hereby requires SUbrecipient to notify the City in writing, of its intent to charae a fee for any aervice, the provision of which is ..sisted pursuant to the Aareement. City requires Subrecipiant to obtain the prior written approval of City for any charaes or fees to be charged by SUbrecipiant for such services, and of any rules and reaulations aoverning the provision of aervices hereunder. (b) Proaram income represents aross income received by the Subrecipiant direct17 aenerated from the use of funds provided hereunder. Such earnings includa interest earned on advances and may inclUde, but will not be limited to, incoma frOll aervice fees, sale of commOdities, usage and rental fees for real or personal property uaing the funda provided by this Acre_ant. As to such income, it shall be first applied to eligible program actiVities, before requests for r.1mburaement and, In the use, shall be subject to all applicable provisions of this Aareement. Income not so applied shall be remitted to City. Subrecipient shall remit all unspent program inco.e to the City within thirty (30) days aubsequent to the end of the proaram year (June 30, 1993). -8- lr ,- '- (:) '- - \.. ,,-., '-' - '-' 11. t'Bmaran vtt-'h'hftldf".. The Bzecutlye Director of the Development Department of the City of San Bernardino is authorized to temporily wi thhold the pQlDent of funds to Subrecipient When the Director determines that any Yiolatlon of thia Aareement haa occurred. !'\m4s ahall be withheld until the Yiolation is corrected to the aatisfaction of the Bzecutive Director. SUbrecipient shall have the right to appeal the deciaion of the Bzecutive Director to the Mayor and Common Council. the sole arounds 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 follovina the date of filina. 12. .eeorc1a R.1:I!Il~tOD. Financial records, aupportina documents, statistical recorda, and all other records pertainina to the use of the funds provided under this AareemeDt ahall be retained by SUbrecipient for a period of three (3) years, at a minimum, and in the event of litigation, claill or audit, the records shall be retained until all litiaation, claia or audit findinas involvina the records, have been fully reaolved. Records for non-expendable property acquirad with federal funds proYided under this Aareement ahall be retained for three (3) years after the final disposition of such property. 13. PrODert:'Y .......~I!Il~ S~.'II"."".. Ron-expendable personal property, for the purposes of this Aareement, 1a defined aa tangible personal property, purchased In whole or in part with federal funds, Which has useful life of more than one (1) year and an acquiaition coat of one-thousand dollara ($1,000.00) or more per unit. leal property means land, including land iIIprovaments, atructures and -9- L: ,- '- (HO, ,.- I '- - '- ,...... '-" -- ~ appurtenances thereto, ezcluding IIOnble machinery and equipment. Bon-ezpendable personal property and real property purchased with or improved b7 funds provided under thi8 Aareement shall be subject to the property aanaaement standarda set forth in 24 CFR, Part 85.32. 14. ren.h,atIGD ~Dr Ca1Ulfl. (a) City reaerves the ri&ht to terainate thia Aareement in accordance with 24 CFR, Part 85.43, and any and all arants and future payments under this Aareement, in Whole or in part, at any time before the date of completion of this Aareeaent Whenever City determines that the SUbrecipient haa aaterially failed to comply with the terms and COnditions of this Aareement. In the event aeeks to terainate this Aare_ant for cause, City ahall promptly notify the SUbrecipient in vritina of the proposed termination and the reasons therefore, toaether with the proposed effective date. Subrecipient shall be aiven an opportunity to appear before the Mayor and Co_on Council at the time at which the Mayor and COIlDOD Council are to consider such recoamended termination, and ahall be aiven a reaaonable opportunity to ahow cause wby, if any ezists, the Aareement ahould not be terminated for cause. Upon determination b7 the Mayor and Common Council that the contract should be terminated for cause, notice thereOf, inclUding reasons for the deteraination, shall promptly be ..iled to the SUbrecipient, toaether with Information as to the effective date of the termination. Such notice may be .hen orally at that hearing. The determination of the Mayor and Co_on Council as to cause ahall be final. (b) In the event of any teraination Whether for cause or for convenience, SUbrecipient ahall forthwith provide to the Development Department any and all documentation needed by the Development Department to -10- G ,.- '- ~) " .i- \.,' - '- ,I"""- '-' establish a full record of all aonie. ,-.,. .......1 receiyed by Subrecipient and to document the uses of same. 15. !'enah,.tfml (fir CanYMlt""'ee.. City or Subrecipient may terminate this Aareement in whole or in part provided both parties aaree that the continuation of the project would not produce beneficial results commensurate with further ezpenditure of funds. In such went, the parties shall aaree upon the termination conditions. includina the effectiye date and, in the case of partial terminations, the portion to be terminated. Tha SUbrecipient shall not incur new obligations for the terminated portion after the effective date and shall cancel as aany outstandina obliaationa as po.sible. Cit7 .hall allow Subrecipient full credit for the City's share of the non-cancellable obliaations properly incurred by the SUbrecipient prior to teraination. 16. .eyer.fOll of .A.Beta.. Subreciplent agrees that upon ezpiration of this Aareement, the SUbrecipient shall transfer to the City any and all CDBG funds not used at the tiae of ezpiration and aQy account. receiyable attributable to the use of CDBG fund.. SUbrecipient aarees that any real property under it. control, which was acquired or illproYed, in Whole or in part, with CDBG funds in ezce.s of $500.00 .hall either, (i) be used to .eet one (1) or the three (3) national objective. as set forth in 24 CFR, Part 570.208 until five (5) 7ears after ezpiration of the Aareement or such period of time a. determined appropriate by the City, or; (ii) i. disposed of in a manner which results in the City being reimbursed in the amount of the current fair lIarket value of the property lese any portion thereof attributable to ezpenditure of, or improvement to, the property by Subrecipient. Such reimbursement is not required after the period of time specified in "I" above. -11- ~. ,- '- 17. Bold Barllless. "'"'"' -....) /- , '- Subrecipient aarees to Indemnity, save and hold harmless the City and the Development Department and their employees and aaents fro. all liabilities and charaes, ezpenaes (lncludina counsel fee.), .uits or losses, however occurrina, or damaaes, arising or arowina out of the use of or receipt of funds paid under this Aareement and all operations under this Aareement. Payments under this Aareement are made with the underatanding that the City and the Development Department are not involved in the performance of service. or other activities of the Subrecipient. Subrecipient and its employee. and aaents are independent contractors and not employees or aaents of City and the Development Department. 11. A....Aatmt.... This Aareement may be amended or .od1f1ed only b7 written aareement dped b7 both perties, and failure on the part of either party to enforce any ti-' provision of this Acreement shall not be conatrued a. a waiver of the right to '- c~pel enforcement of any provision or provisiona. 19. b.in.ll!llt.. Thi. Aareement shall not be asslaned by SUbrecipient without the prior written consent of City. 20. Botie... All notices herein required shall be in writing and delivered in per.on or .ent certified mail, postaae prepaid, addressed as follows: .... to City: E.J5l'IlUilJl J. IlUDERSOR Executive Director Development Department Iconomic Development Aaency 201 Borth "I" Street, Third Floor San Bernardino, CA 92401 .... to SUbrecipient Frazee Community Center 1140 West Mill Street San Bernardino, CA - '.... -12- G c - v ..- , 21. bid"",,.. Df Aut'lIftrih. '- SUbrecipient &ball provide to City evidence In the form of a certified copy of ainutes of the aoverning body of SUbrecipient, or other adequate proof, that this Agreement haa been approved in all its detail b7 the aoverning body of the SUbrecipient, that the person(s) ezecuting it are authorized to act on behalf of SUbrecipient, and that thia Agreement is a bindina obliaation on SUbrecipient. 22. Cert:fffeatfoa. Df A..uranee.. SUbrecipient ahall comply with the prolram requirements attached hereto as Izhibit "C", which are incorporated by reference as thongh fully set forth at length and made a part of this Aareement b7 ezecution of all certifications and assurancea of the CDBG program. 23. btfre .bra_ent. f-" This Aareement and any document or instrument attached hereto or \..., referred to herein intearates all terms and conditions aentioned herein or incidental hereto, and supersedes all negotiations and prior writing in respect to the subject utter hereof. In the event of conflict between the terms, conditions or provisions of this Aareement. and any such document or instrument, the terms and conditions of the Aareement ahall prevail. 24. .0 ~lrd P.~ Bemeflef.ria.. No third party shall be deemed to have any rights hereunder aga1nat any of the parties hereto as a reault of thia Agreement. 1/1 //1 1/1 - ..... . -13- u ,- '- "-"1 '- - .1..... ----, c ___ n 1992/1993 CDIIIil ~C!IIIl"'UU'l1: BUIor..... CIrr A1ID ruzu CClII__~rr WoIIUJl IB WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. J.1'DST: cur OF U1I IlDII.l1PnIlIO By: City Clerk W.R. Holcomb, Mayor Ci ty of San Bernardino SllBUCIPIDT Approved as to form and leaal content: By: /e:-.A1. ~~ ~ President BY:h~~~t _ ecretary JAMES F. PERMAN, City Attorney By: ~./ ./ AJB:laa:0796E Rev. 05/1992 -14- & - "- o CIft OF SAlI BlDARDIIO JIBVBLOPIIIIIr DBPARDwn; r- '- .Certlfication aDd Assurance. (1'0 Accompa;y CDBG Aareeaent) I, Lois Alexander ,Bc",-""\J President No>t'Ir.o Wallace. :::'(..Q(:Uti ve Director (Name and title of Official) Frazee Carmunitv Center located at (lame of Agency/Oraanization) 1140 West Mill St.,P.O. Box 8250,San Bernardino,CA.92412,s0 hereby (Address of Agency/Organ1zation) , of the make the follovina certification and assurance to acc~pany the Community Development Block Clrant Agreement between Frazee Cannunitv Center (lame of Agency/Oraanization) City of San Bernardino: and the a) CertifY that the information booklet for CDBc: Proaram requiraents has been read and understood, and A '- b) Assure that the Frazee Cannunity Center (lame of Aaency/Organlzation) will comply with all aovernina requiraenu as stipUlated herewith in the performance of the CDac: Agreement. ~a)a4~ ~--' #J. tV~r ,{<-..-/ (Sianature of Official) June 19,1992 (Date) Development Department (Date) ,...... AJB:m1tc : 2437J ~ & i_ .- "- ,Cot \- .'~ '- - --- Frazee Community Center 1140 West MUI Street. P.O. Box 8250 San Bernardino. CA 92412-8250 (714) 889-4424 June 23, 1992 Jlt2 9~ ~IIEPARIUENT Kenneth J. Henderson Executive Director Development Depsrtment Economic Development Agency 201 North "E" Street, Third Floor San Bernardino, CA 92401 Dear Mr. Henderson: At Frazee's Mill Street Site we have several different programs. service included; (this does not include month of June, 1992) the Over the past year our scope of Hot Meals 31,297 Brown Bags 26,593 bags Surplus Bread 43,237 persons Food Boxes 3,376 boxes Fruit & Vega 3,210 persons Clothes Closet 8,244 persons Commodities 3,628 families Medical Assistance 1,433 persons Bus Tokens 772 tokens Thanksgiving Boxes 190 families Christmas Boxes '289 families Children Christmas Party 823 Children The Center operates a homeless shelter in the City of Highland, for families with children/singles with children/singles. We shelter 977 person, 15,635 nights, 38,685 meals. In the City of Redlands the Center operates an Emergency Shelter Program for those persons 55 and over. Last year we shelter 194 person, 4,971 shelter nights, 14,913 meals Sincerely: YJd1:~ IC~.iI/ UL Nedra Wallace Executive Director Exhibit A .-\ :;ocla/ servIce agency qf Ihe RIversIde DMrlcl of /lIe Un/lecl Alel/wetlsl Church A 111111",1 "'''!I Aye",,!) ~ 11'- ____,__ -- -- -------- ---- ------- - -- -- -- -- Cln or lAX l'UUI"lJllllO ",N""" ',.( ....'y CDIe JIOWTIILY IlJIlCE1' I~ (:/ SUBUCIPIIIIT. Frazee Community Center MIftWt Annual n,u, 1992-93 C - AM01JIIT IY PlIIfDIWl: IIOlJICIl. g~ FEMA A.U.W. Oirect IAssoc. 66,669 - - PAtn IWII. I I I t I I I . loot I. Shirley Baker 6,318 1.685 2.949 5,054 5,054 21,060 2. Nedra walace Giles 2,430 648 1,134 1.944 1, 944 8.100 3. Gretchen Mellon 945 252 441 756 756 3.150 4. 5. SALARY SUBTOTALS. '9.693 '2,58 .524 '7_,354 '7_.754 . . 1.....1Ul 6. PICA/SUI 1.161 31n 544 930 930 3..877 7. LIn/BEALTB/DDTAL IRS. 363 97 _170 291 291 1,212 8. ~Wo ~ ComD ...5.9..l 158 276 475 475 1,977 ... 9. , ,- , '- 10. --- - - - -- SALARY Aim IEll!nTS TOTALS. IL.JU? $" 10;n It 0;1;1 'Q ",o;n 'Q. ",,,nl' . ,"'" 11. ACCOURTI"C/lOOnElPIRC 658 175 308 526 526 2,193 12.R!1IT 13: UTILI'IlES 1,800 480 840 1,440 1, 440 6.000 14. lIISUIlAJlCll 960 256 448 768 768 3,200 15. OFFICE SUPPLlE!Yl'os'l:age 540 144 252 432 432 1,800 16:'.Tr.av,,1" 300 ~ 140 24lL 240 1,000 17.Eaui Main. 300 80 140 240 240 1,L000 .. 18:Builtlinn Mai .nce 120 32 56 96 96 400 Direct :>erVices ..0 19. Indi viduals' 3,300 880 1,540 2,640 2,640 11,000 20.Printing 210 56 98 168 168 700 . -.. 21. t2. ~---".-=-a..i.:-_ -- --__.... F..:-=~._~-.e"a F--='f~..- "OlmILT CR.,,", TOTAL!!. . $ $ $ ~l6...DQC ,~..,____ ~~s~.~~A..~~ .~-....p.~_~~~..n~~__..~---.. ..Ul.oooi:_s...,33,~ JlL33.6. ,16-,~ Exhibit B G