HomeMy WebLinkAboutR18-Redevelopment Agency
c"
c
( ,
-
,
'-
"
-J
DBVBLOPIIBllr DBPARrllBllr
OF THE CITY OF SAIl BBDARDIm
RlOUBsr FOR ClRIISSIOIl/COUllCIL ACTIOIl
From: KENNETH J. HEllDERSOR
Executive Director
Subject: FY 1992-1993 CDBG AGREEMENT
BBr.AI51'l THE CITY AND BIGIILARD
DISTRICT COUlICIL Oil AGIIlG,
IIlC. - BJW.rB DIWIClIlmnr
CDTERIWBLLIIBSS PROGRAMS
Date: July 17, 1992
-------------------------------------------------------------------------------
SvnoDsis of Previous Commission/Council/Committee Aetion(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.
-------------------------------------------------------------------------------
Recommended lIotion(s):
(Mavor and COIaOIl Council)
RESOLUTIOR OF THE MAYOR AND COMMOR COUNCIL OF THE CITY OF SAR
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAR
BERNARDINO AND HIGHLAND DISTRICT COUNCIL ON AGIRG, INC. - HEALTH
ENHANCEMENT CENTER/WELLNESS PROGRAMS
~
Administrator
~Oll
Executive Director
-------------------------------------------------------------------------------
Contact Person(s):
Kenneth Henderson/Art Hassel
Phone: 5081
Project Area(s):
All Pro1ect Areas
Ward(s): All Wards
Supporting Data Attached: Staff ReDort: Resolution: Exhibits
FUNDING REQUIREMENTS:
Amount: $ 13.900.00
Source: FY 92/93 CDBG LOC
Budget Authority: Previouslv Established 6/1/1992
-------------------------------------------------------------------------------
Commission/Council Ilotes:
-------------------------------------------------------------------------------
KJH:SWP:AB:dls:2489J
ClRIISSIOIl IlEBrIRG AGKlUlA
lleetiD& Date: 08/03/1992
Agenda It_ Jluaber:
/1'
--."'
c:'
c,
c
,.""'~'-
"
"-'
'-""
DBVBLOPIIBIlT DBPARTIIBIlT
OF rBB CITY OF SAIl BBDARDIIlO
STAFF REPORT
Hi.bl.ftd District Council on AKin.. Inc.
Health J!nb....ceaent CenterIWellnes8 Proll.r...
FY 1992/1993 CDBe AKreement
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 Highland District Council
on Aging, Inc. - Health Enhancement CenterlWellness Programs, 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.
~~Oll. Executive
Development Department
Director
KJH:SWP:AH:dls:2489J
ClRIISSIOIl IlEBTIIlG AGDDA
lIeeting Date: 08/03/1992
Agenda Itea 1IuIIber: -JL
~',
.
"
"
-
-
........
........
-
1
2
3
4
5
6
USOLDTIOII IIllIIBD
USOLOrIOIl OF THE IlAYOR A1ID CotMlll COUlICIL OF THE CITY OF SAIl
IlBDARDIIIO ADrIIORIZIIlG A1ID DIUCTIIlG THE DBCUTIO. OF A
COIRllIITY DEVBLOPIIE1I1' BLOCI: GRANT lUlmIIlG A~ IIBTWBD THE
CITY OF SAR IlBDARDIIIO A1ID BIGBLAlm DISTRICT comrCIL O. AGIIlG.
IIlC. - BJW.rB DJWIC.lltuIu CEIrl'ERIWBLLlUSS PROGRAIIS
BE IT USOLVED BY THE IlAYOR AND COMMOlI COUllCIL OF THE CITY OF
SAIl IlBDARDIRO AS FOLLOWS:
7 Section 1.
8 <a) The llayor of the City of San Bernardino is hereby authorized
9 IJ1d directed to execute. on behalf of the City, an agreement for
10 Community Development Block Grant funding with Hiahl_nd District
11 Council on ARina. Inc. - Health Enhancement CenterlWellness ProRrams,
12 which agreement is attached hereto as Exhibit "1". and is incorporated
13 herein by referenced as though fuly set forth at length. The agreement
14 provides for the aranting of Community Development Block Grant funds in
,
"
15 the following amount of $13.900.
w
~
16
Ii
Section 2.
18 is rescinded if the parties to the agreement fail to execute it within
(a) The Authorizations to execute the above referenced agreemen~
19 sixty (60) days of the passage of this Resolution.
,
\.
20 /1/
2] 1//
22 III
23 1//
24 1//
25 /1/
26 1//
27 III
28 1//
,.. 1 -
/r
I"'"'
........
1
,-,i _
RESOLDrIOIl OF THE CITY OF SAIl IlDIWUlIRO AUTBORIZI15 THE DlCU'lIO. OF A
CDBC: AGRBIlrwn" BBnrAAII rBB cur A1ID BIGBLAlm DISTRICT COUIlCIL O. AGIIlG.
IIlC. - IllALTB DBAlliUWU" CD1'DIVBLLlmSS PROGIWIS
c
2
3
4
5
6
7
8
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at
a
meeting thereof, held on
the day of
, 1992, by the following
vote, to wit:
"
il..
9 COURCIL IIKK8BRS:
10 ESTHER ESTRADA
1] JACK REILLY
12 RALPH HERRARDBZ
13 MICBABL MAUDSLEY
14 TOM IIIIlOR
15 VALERIB POPE-LUDLAM
16 NORINE MILLER
.un
&n
ABSTAIIl
ABSBlIr
17
18
19
City Clerk
20 of
The foregoing resolution is hereby approved this
, 1992.
day
2]
22
W.R. Holcomb, Mayor
Approved as to
23 form and legal content:
24 JAMBS F. PBIlMAR,
25 :::Y/A~
26
2476J
"
"
27
28
- 2 ~
IY
-...,... ..
,
..
-
8
9
10
11
12
13
14
c
15
...
16
17
18
19
20
21
22
23
24
25
26
27
28
,.
'"
".~
.-,
1
2
3
4
5
6
'-'
STATE OF CALIFORNIA
COUNTY OF SAR BERNARDINO
CITY OF SAR BEIlKARDINO
ss
~
)
)
)
I, Ci ty Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and sttached copy of
Mayor and Common Council of the City of San Bernardino Resolution
No. is a full, true and correct copy of that now on file in
this office.
7
IN WITNESS WHEREOF. I have hereunto set my hand and affixed the
official seal of the Mayor and Common Council of the City of San
Bernardino this _____ day of , 1992.
City Clerk
City of San Bernardino
By:
Deputy
- 3 -
1;/
-~ ..
,
"
-
t'
""
-
~
".
'"
..-
~.,~-c
-
-
AGRBBIIBIlT
THIS AGREEMENT is entered into effective as of the 1st dav of Julv 1992,
at San Bernardino, California, between the City OF SAN BERNARDINO, a muniCipal
corporation, referred to as "City", and UIGBLARD DISTRICT COUBCIL OR AGING,
IIlC., a nonprofit community service organization, referred to as
"Subrecipient". City and Subrecipient agree as follows:
1. Reel tals.
(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 senior citizens with an exercise program under the
fitness program to help with flexibility , muscular strength and
cardiovascular endurance, which are valid and eligible community development
purposes, as defined in CPR 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
E%hibit "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.
(d) SUbrecipient will carry out each activity, program andlor
project in compliance with all federal laws and regUlations as set forth in 24
-1-
IF
--......-
,
,
-
,.
Il..
-
-
...
...
,-...,
.....
'-'
-
CPR, Part 570, with the following exceptions, (i) the Subreeipient does not
assume the environmental responsiblities of the Grantee aa described in 24
CFR, Part 570.604, and; (ii) the SUbrecipient does not assume the Grantee's
responsiblities for initiating the review process under Executive Order Number
12372.
(e) SUbrecipient will comply with the requirements set forth in
the Uniform Relocation Assistance and Real Property Acquisition Policy Act of
1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal
regulations when attempting 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 activity taking place
within the confines of URA 49 CFR, Part 24, as amended.
2. PaVlDents.
City shall reimburse Subrecipient for allowable costs incurred
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 $13.900.
3. ~
This Agreement shall commence Julv 1. 1992, and terminate June 30.
lID.
4. Use of Funds: BudRet: 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
-2-
IF
-_....
,
..
-
f'"
'"
..
~
",.
'"
,-
'-
,""'-;,.
-
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.
(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.
(d) Only net payroll shall be periodically reimbursed by City as
an allowable cost. Any amounts withheld by SUbrecipient from an employee'a
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.
(e) SUbrecipient shall be allowed, with the prior written approval
of the Development Department of the City of San Bernardino, to make changes
-3-
If'
-..,
"
'"
-
"
'"
-
,
..
r-
"-' -
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
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.
(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 Subreeipient.
Reimbursement shall not be made to Sub recipient 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.
5. Accountina: Audit.
(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
-4-
If'
-_......
,
..
-
"
...
..
,
...
-
'-'
-
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
sccurate, 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 Residents: lIonitorillJl: and ReDortillJl:
Pr02ram 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, marital status, or physical handicap.
Subreeipient shall comply with Affirmative Action guidelines in its employment
-5-
Icf
_..
-
'-'
".I.~~
--'
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
SUbrecipient's requests for reimbursement, and may justify temporary
WithhOlding 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
been timely cured without prejudice to the City.
7. Procurement Practies: Conflict of Interest.
SUbrecipient shall comply with procurement procedures and
guidelines established by 24 CFR, Part 85.36(d)(1), SUbreeipient "Procurement
,
"
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
violations of such standards by either the Subrecipients'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
-6-
Iff
-.-..,.
'"
....
-
,
-..
...
~
"
...
.~. ,~,.....
\"..i --'
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: Baual BmDloVlDent 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, Part 3). This Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public work, to give up
any part of the compensation to which 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. Prevailbur: WaRe Reauirement.
Any construction contracts awarded by Subreeipient 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. 276(a) to 276(a)(7)) and as
supplemented by Department of Labor Regulations (29 CFR). 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
-7-
If'
f"
,",
-
,
"
-
-
--
'"
-- ..
I......- ......"
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.
10. ADDroval of City of anv CharJI,es: Use of Pr02ru IneOlle.
(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
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
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. Subreeipient shall remit all unspent program
income to the City within thirty (30) days subsequent to the end of the
program year (June 30, 1993).
11. TemDorarv Witbholdi11J<.
The Executive Director of the Development Department of the City of
San Bernardino is authorized to temporily witbhold the payment of funds to
Subrecipient when the Director determines that any violation of this Agreement
-8-
If'
,
...
-
,..
"'"
-
~
,
-.
--
c
~,
-
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.
Financial records, supporting documents, statistical records, and
all other records pertaining to the use of the funds provided under this
Agreement shall be retained by SUbrecipient for a period of three (3) years,
at a minimum, and in the event of litigation, claim or audit, the records
shall be retained until all litigation, 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. ProDertY lIan1l2ement Standards.
Non-expendable personal property, for the purposes of this
Agreement, is defined as tangible personal property, purchased in whole or in
part with federal funds. which has useful life of more than one (1) year and
an acquisition cost of one-thousand dollars ($1,000.00) or more per unit.
Real property means land, inClUding land improvements, structures and
appurtenances thereto, excluding movable machinery and equipment.
Non-expendable personal property and real property purchased with or improved
by funds provided under this Agreement shall be subject to the property
management standards set forth in 24 CFR, Part 85.32.
-9-
/[1
-.-....-
'"
..
-
"
...
-
~
"
-.
-
'-'
/.'''''''''
-
14. Teminatlon for Cause.
(a) City reserves the right to terminate this Agreement in
accordance with 24 CPR, 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.
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.
(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
estsblish a full record of all monies received by Subrecipient and to document
the uses of same.
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
-10-
IV
--.,.-
""
,
-
".
...
...
~
"
,-",
.1""'
'-
""
.-J
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. 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 CDBG
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 less 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 "in above.
17. Hold Harmless.
Subrecipient agrees to indemnify, save 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
-11-
If'
,..
..
-
...
I
..
-
-
...
..
c
""""""',
-
funds paid under this Agreement and all operations under this Agreement.
Payments under this Agreement are made with the understanding that the City
and the Development Department are 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 and the
Development Department.
18. 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.
19. Asshnment.
This Agreement shall not be assigned by Subrecipient without the
prior written consent of City.
20. 1I0tiees.
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
KENNETH J. HENDERSON
Executive Director
Development Department
Economic Development Agency
201 North "E" Street, Third Floor
San Bernardino, CA 92401
Highland District Council
of Aging, Inc.
3102 Highland Avenue
Highland, CA
21. Bvidence 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
-12-
If
,r"
.......
,.--~,"\
-
governing body of the SUbreeipient, that the person(s) executing it are
fill
I
',",
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 Aareement.
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
respect to the subject matter hereof. In the event of conflict between the
tenas, conditions or provisions of this Agreement, and any such document or
fill'
I... instrument, the terms and conditions of the Agreement shall prevail.
24.
Ilo Third Party Benefieisries.
..
No third party shall be deemed to have any rights hereunder
against any of the parties hereto as a result of this Agreement.
III
III
III
III
III
III
III
III
".
I
..
-13-
I~
".
...
,.
\,
c,
l..... "".,
'-'" '-'
FY 1992/1993 CDBG AGREEMENT BImIBBlf tIn AND HIGBLAIm DISTRICT COUllCIL Oil
AGIftG. IBC.
1M WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first hereinabove written.
ArrEST:
CITY OF SAIl BEJllIlAIlDIRO
By:
City Clerk
W.R. Holcomb, Mayor
City of San Bernardino
SUBRECIPIBlIr
. . Approved as to form and
legal content:
By:
r
.- .
JAMES F. PENMAN,
,:~
BY:
AJB:lag:0802E
Rev. 05/1992
-14-
/;Y