HomeMy WebLinkAboutR20-Redevelopment Agency
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DBVBLOPMBNT DBPARTMBNT
OF THE CITY OF SAIl BD1IARDIIIO
RBOUEST FOR COIMISSION/COUNCIL ACTION
From: ICEnm:TH J. HENDERSON
Executive Director
Subject: FY 1992-1993 CDBG AG~L
BBTWED THE CITY AND ROLLING
START, INC., HELPLID
Date: July 17, 1992
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Svnoosis of Previous Caa.issionlCouncil/Comaittee 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 June 1, 1992 at 3:00 p.m., for the date and time certain
of the FY 1992/1993 CDBG Public Hearing.
On June 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.
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Recommended Motion(s):
(Kayor and Comaon Council)
RESOLUTION OF THE MAYOIl 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 1l0LLING START, INC., HELPLINE
~~kON
Executive Director
Administrator
Contact Person(s):
Kenneth HendersonlArt Hassel
5081
Phone:
Project Area(s):
All proiect Areas
Ward(s):
All Wards
Supporting Data Attached:
Staff Reoort: Resolution: Exhibits
FUNDING REQUIREMENTS:
Amount: $ 15.000.00
Source:
FY 92/93 CDBG LOC
Budget Authority: Previouslv Established 6/1/1992
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Commission/Council Notes:
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KJH:SWP:AH:dls:2489J
COIMISSION IIDTIBG AGENDA
Meeting Date: 08/03/1992
Agenda Itl!lll lfuIIIber:
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DBVBLOPMBNT DEPARTMBNT
OF THE CITY OF SAIl BD1IARDIKO
STAFF REPORT
RollinlP: Start. Inc.. Heloline
FY 1992/1993 CDBG Aaree.ent
On June 1, 1992, the Mayor and Common Council conducted the FY
1992/1993 CDBG 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 Rolling Starts, Inc.,
Helpline, 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 dispursed 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.
~~BRSON. Executive
Developaent Departaent
Director
KJH:SWP:AH:dls:2489J
COIllUSSION IIDTING AGENDA
Meeting Date: 08/03/1992
Agenda Itea lfuIIber: ;;) (]
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RESOLllTIO. IDIIlD
RESOLUTION OF TIll MAYOR AlOl COIRlN COUIICIL OF TIll CITY OF SAN
-.nnlBO mrBORIZI': AID DIRECTI': THE BDCUTION OF J.
COIBJJIITY DBVBLOPItDT JILO(Z GRAIIr FUNDING J.~ BBlwQ58 THE
CITY OF SAN R'RI!IW.nnIBO AlOl ROLLI': STARTS. IRe.. IlELPLIlIB
BE IT RESOLVED BY THE MAYOR AlOl COIRl. COUNCIL OF THE CITY OF
SAN u-.nnlBO J.S FOLLOWS:
Section 1.
(a) The Mayor of the City of San Bernardino is hereby authorized
and directed to execute, on behalf of the City, an alreement for
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9 Community Development Block Grant funding with RolliDlP: Starts. Inc..
10 Heloline, Which sgreement is attached hereto as EXhibit "1", and is
11 incorporated herein by referenced ss though fuly set forth st length.
12 The agreement provides for the Iranting of Community Development Block
13 Grant funds in the following amount of $15.000.
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Section 2.
15 (a) The Authorizations to execute the above referenced agreement
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16 is rescinded if the parties to the sgreement fail to execute it within
17 sixty (60) days of the passage of this Resolution.
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USOLDTIO. OF THE CITY OF SAJr llR1nulPnlBO jJJTHI)RIZIBG THE DBCUTION OF A
CDBG ~Gti.uuun BE'lWED THE CITY AlOl ROLLI': StiJITS. IRe.. HBLPLID
3 I HEREBY CERTIFY that the foreloina Resolution was duly adopted by
4 the Kayor and Common Council of the City of San Bernardino at
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meeting thereof, held on
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, 1992, by the following
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COUNCIL KEKBBRS:
AID
WI
ESTHER BSTRAD~
JACK REILLY
RALPH HEIl1WfDIZ
MICHAEL MAUDSLEY
TOM MIKOR
VALERIB POPE-LUDLAK
NORID MILLER
ABSTAIN
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ABSDr
City Clerk
The foreloina resolution is hereby approved this
, 1992.
of
day
W.Il. Holcomb, Mayor
Approved as to
fol'lll and legal content:
JAMES F. PEJIIMAI',
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STAn OF CALIFORNIA
COUNTY OF SAIl BERRARDINO
CITY OF SAN BERRARDIRO
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as
I, Ci ty Clerk of the City of San
Bernardino, DO HEREBY CEIlTIFY that the foregoing and attached copy of
Mayor and CODIIIon Council of the City of San Bernardino Resolution
No. ia a full, true and correct copy of that now on file in
this office.
IN WITNESS WHEREOF, I have hereunto aet my hand and affixed the
official aeal of the Kayor and Common Council of the City of San
Bernardino thia _____ day of , 1992.
City Clerk
City of San Bernardino
By:
Deputy
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AGIlBBMBNT
THIS AGREEMENT is entered into effective as of the 1st day of Julv 1992,
at San Bernardino, California, between the City OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and ROLLING STARTS, INC., BELPLIBE, a
nonprofit community service organization, referred to as "Subrecipient". City
and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance from City for
fiscal year 1992/1993 from funds available through the Community Development
Block Grant Program from the United States of America to City.
(b) Subrecipient represents that the expenditures authorized by
this Agreement are for emergency alert devices and portable triggers for the
elderly and homebound ill with maintenance services provided when required,
which are valid and eligible community development purposes, as defined in CYR
Part 570 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.
(c) Subrecipient will comply with applicable uniform
administrative requirements, as described in 24 CFR, Part 570.502.
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'~, project in compliance with all federal laws and regulations as set forth in 24
CFR, Part 570, with the following exceptions, (i) the Subrecipient doe. not
(d) Subrecipient will carry out each activity, program andlor
assume the environmental responsiblities of the Grantee as described in 24
CFR, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's
responsiblities for initiatina the review process under Executive Order Number
12372.
(e) Subrecipient will comply with the requirements set forth in
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the Uniform Relocation Assistance and Real Property Acquisition Policy Act of
1970, as amended, (ORA), 49 CFR, Part 24 in accordance with federal
regulations when attempting to or acquirina 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 activity taking place
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within the confines of ORA 49 CFR, Part 24, as amended.
2.
Pavm.ent8.
City shall reimburse Subrecipient for allowable costs incurred
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under the scope of this Agreement and applicable Federal regulations, which
have not been paid for or reimbursement will be made at least on a monthly
basis, with the total of all such reimbursements not to exceed $15,000.
3. IBL.
This Agreement shall commence Julv 1. 1992, and terminate June 30.
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4. Use of .....ds: Rmh.et: 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 SUbrecfpient to the City of San
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Bernardino Community Development Department, a copy of which is attached to
"a
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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 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 Executive Director of Development
Department of the City of San Bernardino, or designee, has been obtained.
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(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
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Agreement.
(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 withholdings are actually 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 WithhOlding and not immediately 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 Development Department,
such expenses shall be regarded as an allowable cost, and the City shall
, reimburse SUbrecipient for such obligation.
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(e) Subrecipient shall be allowed, with the prior written approval
of the Development Department of the City of San Bernardino, to make changes
to the bUdget during the first three (3) quarters of the fiscal year, so long
as SUbrecipient is in compliance with Section "2" of this Agreement at the
time of submission of the budget modification request. 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 that the prior written approval of the Executive Director of
-. the Development Department 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
expended or obligated shall revert to the City. No reserve for the future
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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.
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(g) SUbrecipient shall remain in compliance with all state,
federal and local laws prior to the receipt of any reimbursement hereunder.
This includes, but is not limited to, all laws and regulations relative to the
form of organization, local business licenses and any laws and regulations
specific to the business and activity carried out by SUbrecipient.
Reimbursement 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 Agreement.
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(a) Prior to the final payment under this Agreement, and at such
other times as may be requested by the Executive Director of the Development
Department 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 30, 1992.
(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 24 CFR, Parts 85.20 and 85.22 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.
6. Services Available to Ilesidents: Monitoriu An" Reoortiu
Pro. ram PerfoPmaftee.
The services of Subrecipient shall be made available to residents
and inhabitants of the City of San Bernardino unless otherwise noted in
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Exhibit "A". No person shall be denied service because of race, color,
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~ national origin, creed, sex, marital 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 Executive
Director of the Development Department of the City of San Bernardino, in
accordance with 24 CFR, Part 85.4l(c)(d) and Part 85.21. Failure to provide
such quarterly performance reports may prevent the processing by City of
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Subrecipient's requests for reimbursement, and may justify temporary
witbholding as provided for in Paragraph "11" hereof. City reserves the right
to waive such breach, without prejudice to any other of its rights hereunder,
upon a finding by the Executive Director of the Development Department that
such failure was due to extraordinary circumstances and that such breach has
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been timely cured without prejudice to the City.
7. Procur..ent Practies: Conflict of Interest.
Subrecipient shall comply with procurement procedures and
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guidelines established by 24 CFR, Part 85.36(d)(1), Subrecipient "Procuremen~
Standards". In addition to the specific requirements of 24 CFR, Part 85,
Subrecipient shall maintain a code or standards of conduct which shall govern
the performance of its officers, employees or agents in contracting with and
expending the federal grant funds made available to Subrecipient under this
Agreement. SUbrecipient's officers, employees or agents shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors
or potential contractors. To the extent permissible by state law, rules, and
regulations, the standards adopted by SUbrecipient shall provide for
penalties, sanctions or other disciplinary actions to be applied for
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violations of such standards by either the Subrecipients's officers, employees
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I,..., copy of the code or standards adopted to City forthwith. All procurement
or agents, or by contractora or their agents.
Subrecipient shall provide a
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 24 CFR, Part 85.36, in its expenditure of all funds received
under this Agreement.
8. Anti-Kick Back Provisions: Boual Bmolovment Oooortunitv.
All contracts for construction or repair using funds provided under
this Agreement shall include a provision for compliance with the Copeland
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"Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor
Regulations (29 CFR, Part 3). This Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person
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employed in the construction, completion or repair of public work, to give u~
any part of the compensation to which helshe 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
Number 11246, as amended.
9. PrevailiDlP: Vue Ileauirellll!llt.
Any construction contracts awarded by Subrecipient using funds
provided under this Agreement in excess of $2,000.00 shall include a provision
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for compliance with the Davis-Bacon Act (40 U.S.C. 276(a) to 276(s)(7)) and as
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,~, contractors shall be required to pay wages to laborers and mechanics at a rate
supplemented by Department of Labor Regulations (29 CFR). Under this act,
not less than the minimum wages specified in a wage determination
determination made by the Secretary of Labor. In addition, contractors shall
place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation and the award of a contract shall be
conditioned upon the acceptance of the wage determination. Subrecipient shall
report all suspected or reported violations to City.
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10. Aooroval of Citv of amr Char2es: Use of Pr02ra Income.
(a) City hereby requires SUbrecipient to notify the City in
writing, of its intent to charge a fee for any service, the provision of which
is assisted pursuant to the Agreement. City requires SUbrecipient to obtain
the prior written approval of City for any charges or fees to be charged by
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Subrecipient for such services, and of any rules and regulations governing the
provision of services hereunder.
(b) Program income represents gross income received by the
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Subrecipient directly generated from the use of funds provided hereunder.
Such earnings include interest earned on advances and may include, but will
not be limited to, income from service fees, sale of commodities, usage and
rental fees for real or personal property using the funds provided by this
Agreement. As to such income, it shall be first applied to eligible program
activities, before requests for reimbursement and, in the use, shall be
subject to all applicable provisions of this Agreement. Income not so applied
shall be remitted to 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, 1993).
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I,... The Executive Director of the Development Department of the City of
San Bernardino is authorized to temporily withhold the payment of fwds to
11. Tem>orarv Wi t'1I1101diDll.
Subrecipient 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 Executive Director. SUbrecipient shall have the right to
appeal the decision of the Executive 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.
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Financial records, supporting documents, statistical records, and
all other records pertaining to the use of the fwds provided under this
Agreement shall be retained by Subrecipient for a period of three (3) years,
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at a minimum, and in the event of litigation, claim or aUdit, the records
shall be retained wtil all litigation, claim or 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. Prooertv Kana2ement Sta.,rlards.
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 one-thousand dollars ($1,000.00) or more per unit.
, Real property means land, including land improvements, structures and
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appurtenances thereto, excluding movable machinery and equipment.
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by funds provided under this Agreement shall be subject to the property
management standards set forth in 24 CFR, Part 85.32.
14. Termination for Cause.
(a) City reserves the right to terminate this Agreement in
accordance with 24 CFR, Part 85.43, 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 materially failed to comply with the terms and conditions of this
Agreement. In the event seeks to terminate this Agreement for cause, City
shall promptly notify the Subrecipient in writing of the proposed termination
and the reasons therefore, together with the proposed effective date.
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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
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opportunity to show cause why, if any exists, the Agreement should not be
terminated for cause. Upon determination by the Kayor 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.
(b) In the event of any termination whether for cause or for
convenience, Subrecipient shall forthwith provide to the Development
Department any and all documentation needed by the Development Department to
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establish a full record of all monies received by Subrecipient and to document
the uses of same.
15. Teraf....tion for CODYtIIft"enee..
City or Subrecip1ent 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 ahall
cancel as many outstanding oblications 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. Reversion of Assets.
Subrecipient agrees that upon expiration of this Agreement, the
Subrecipient shall transfer to the City any and all CDBG funds not used at the
time of expiration and any accounts receivable attributable to the use of CD~G
funds. Subrecipient agrees that any real property under its control, which
was acquired or improved, in whole or in part, with CDBG funds in excess of
$500.00 shall either, (i) be used to meet one (1) or the three (3) national
objectives as set forth in 24 CFR, Part 570.208 until five (5) years after
expiration of the Agreement or such period of time as determined appropriate
by the City, or; (ii) is disposed of in a manner which results in the City
being reimbursed in the amount of the current fair market value of the
property leaa any portion thereof attributable to expenditure of, or
improvement to, the property by SUbrecipient. Such reimbursement is not
required after the period of time specified in "i" above.
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17. Hold Harmless.
'... Subrecipient agrees to indemnify, aave and hold harmless the City and the
Development Department and their employees and agents from all liabilities and
charges, expenses (including counsel fees), suits or losses, however
occurring, or damages, arising or growing out of the use of or receipt of
funds paid under this Agreement and all operations under this Agreement.
Payments under this Agreement sre made with the understanding that the City
and the Development Department are not involved in the performance of services
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or other actiVities of the Subrecipient. Subrecipient and its employees and
agents are independent contractors and not employees or agents of City and the
Development Department.
18 . .ba.-ft"-ent.
This Agreement may be amended or modified only by written agreement
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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.
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19. Assbnlllent.
This Agreement shall not be assigned by SUbrecipient without the
prior written consent of City.
20. Notiees.
All notices herein required shall be in writing and delivered in
person or sent certified mail, postage prepaid, addressed as follows:
As to City:
All to Subrecipient
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ICEnm:TH J. HENDERSON
Executive Director
Development Department
Economic Development Agency
201 North "E" Street, Third Floor
San Bernardino, CA 92401
Rolling Starts, Inc. Helpline
536 West 11th Street
San Bernardino, CA
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21. 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.
22. Certification of Assurance.
Subrecipient shall comply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully set
forth at length and made a part of this Agreement by execution of all
certifications and assurances of the CDBG program.
23. Entire AIIre_ent.
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This Agreement and any document or instrument attached hereto or
referred to herein integrates all terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations and prior writing in
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respect to the subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and any such document or
instrument, the terms and conditions of the Agreement shall prevail.
24. No Third Partv Beneficiaries.
No third party shall be deemed to have any rights hereunder
against any
III
III
III
III
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of the parties hereto as a result of this Agreement.
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FY 1992/1993 CDBG AGhMur BBrWED CITY AlOl ROLLING STARTS, INC. HELPLINE
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first hereinabove written.
ATTEST:
CITY OF SAIl BERKAIlDINO
City Clerk
By:
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to form and
legal content:
By:
"
JAMES F. PENMAN,
C1<Y'~
By: ~ ~_
/
BY:
" AJH:lag:0809E
, Rev. 05/1992
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