HomeMy WebLinkAboutR17-Redevelopment Agency
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DEVBLOPIIBIlT DBPARTIIBIlT
OF THE CITY OF SAIl BBDARDIm
RBOUBST FOR COfIMISSIOIl/COOltCIL ACTIOIl
From: KENNETH J. HENDERSON
Executive Director
Subject: FY 1992-1993 CDBe A~
BBl'WBD THE CITY un BIGIILARD
DISTRICT COUlICIL Oil AGIIlG.
IIlC.. BIGIILAlOl SBIlIOR CBlIrER
Date: July 17, 1992
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SvnoDsis of Previous CnMMissionlCouneil/CnMMittee 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):
(Mavor and C~ Counell)
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 SAR
BERNARDINO AND HIGHLAND DISTRICT COUNCIL ON AGING, INC., HIGHLAND
SENIOR CENTER
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Executive Director
Administrator
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Contact person(s):
Kenneth HendersonlArt 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: Previous Iv Established 6/1/1992
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Commission/Council Rotes:
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KJH:SWP:AB:dls:2489J
COfIMISSIOIl IlEBrIIIG AGElUlA
lIeeting Date: 08/03/1992
Agenda Itea IfuIIIIber: 17
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DBVBLOPIIBIlT DBPARTIIBIlT
OF THE CITY OF SAIl BEDARDIIlO
STAn' REPORT
BJ.bbnd District Council on ARina. Inc..
Hi.bland Senior Center
FY 1992/1993 CUBe: ARreeaent
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., Highland Senior 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 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 Director
Developaent Departaent
KJH:SWP:AB:dls:2489J
COIMISSIOIl IIBBTIlIG AGDDA
lIeeting Date: 08/03/1992
Agenda !tell ~er:
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USOLUrIO. IIlDIBBR
USOLUrIOIl OF THE IlAYOR AND COMNOIl COUlICIL OF THE CITY OF SAIl
BEDARDIIlO ADrBORIZIIlG AIlD DIUCTIlIG THE BXBCUTIOIl OF A
COJ!MIJlUTY DlVBLOl'IIERT BLOCK GRANT PUlUlIIlG AGu.vwu BBnrAl51'l THE
CITY OF SAIl BlDARDIIlO AIlD BIGIILAlm DISTRICT COUlICIL Oil AGIIlG.
IIlC.. BItmT.&1II) SBIlIOR Gu-.l,U
BE IT USOLVED BY THE MAYOR AIlD COMMOIl COUllCIL OF THE CITY OF
SAIl BlDARDIIlO AS FOLLOWS:
7 Sec:tion l.
8 (a) The Mayor of the City of San Bernardino is hereby authorized
9 and directed to execute, on behalf of the City, an agreement for
10 Community Development Block Grant funding with Hi2hland District
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11 Council on A2inR. Inc.. Hi2hland Senior Center, which agreement is
12 attached hereto as Exhibit "1", and is incorporated herein by
13 referenced as though fuly set forth at length. The agreement provides
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14 for the aranting of Community Development Block Grant funds in the
15 following amount of $20.000.
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16 Section 2.
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is rescinded if the parties to the agreement fail to execute it within
<a) The Authorizations to execute the above referenced agreement
sixty (60) days of the passage of this Resolution.
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RBSOLUrIOIl OF THE CITY OF SAIl BUltARDIIlO AUrJlORIZI15 THE EXECUTIOIl OF A
CDBe: AGfl:drwu BBTWBBlI THE CITY A1ID BIt:RT.A1IIl DISTRICT COUlICIL Oil AGIIlG.
IIlC.. BIGIILARD SDIOR CBRTBR
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
5 the Mayor and Common Council of the City of San Bernardino at
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meeting thereof, held on
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day of
, 1992, by the following
8 vote, to wit:
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COUllCIL IlEMBBRS:
AIIli
lAD
ABSTAIW
ABSBRT
ESTHER ESTRADA
JACK REILLY
RALPH BERNARDEZ
MICBABL MAUDSLBY
TOM MINOR
VALERIB POPE-LUDLAM
NORINE MILLER
City Clerk
The foregoing resolution is hereby approved this
, 1992.
day
of
22 W.R. Holcomb, Mayor
23 Approved as to
form and legal content:
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JAMBS F. PENMAN,
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STATE OF CALIFORIlIA
COUNTY OF SAR BERNARDIBO
CITY OF SAR BERNARDIIlO
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I, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing 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 file in
this office.
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
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ACIl..II..T
THIS AGRBEMEBT is entered into effective as of the 1st dav of Julv 1992,
at San Bernardino, California. between the City OF SAR BEUAiDIRO. a municipal
corporation, referred to aa "City". and BImrf Awn DISTRICT COUlICIL Oil AGIIIG.
IIlC.. a nonprofit community service organization. referred to as
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"Subreeipient". City and Subreeipient agree as follows:
1. Ileeitals.
(a) Subrecipient has requested financial assistance from City for
fiscal year 1992/1993 from funds available through the Community Development
Block Grant Proaram from the United States of America to City.
(b) Subreeipient represents that the expenditures authorized by
If' this Agreement are for a coordinated range of services and community
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activities to low and moderate income senior citizens located in east San
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Bernardino to ensble them to remain livina independently at home, 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
wder 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.
(e) SUbreeipient will comply with applicable uniform
administrative requirements. as described in 24 CPR, Part 570.502.
(d) Subreeipient will carry out each activity. program andlor
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project in compliance with all federal lawa and regulations aa aet forth in 24
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CPR, Part 570, with the following ezeeptiona, (1) the SUbreeipient does not
assuae the environmental responsiblitiea of the Grantee aa deaeribed in 24
CPR, Part 570.604, and; (ii) the SUbrecipient does not aa8UIDe the Grantee's
responsiblities for initiating the review process under Executive Order Number
12372.
(e) SUbreeipient will eOlllPly with the requirements aet forth in
the Uniform Relocation Assistance and Real Property Aequiaition Policy Act of
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1970. as amended, (ORA). 49 CPR. 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 spproval from the Executive
Director of the Development Department prior to any activity taking place
within the confines of ORA 49 CPR, Part 24, s. ..ended.
2. Pav.ent8.
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, City shall reimburse Subreeipient for allowable costa 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 ezceed $20.000.
3. ImL.
This Agreement shall eOllllDence Julv 1. 1992, and terminate June 30.
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4. Use of !'Im"s: BudRet: Travel Limitation.
(a) The funds paid to Subrecipient shall be used by it solely for
the purposes .et forth in Paraaraph l(b) of this Agreement, and in accordance
with the progr.. budget submitted by SUbreeipient to the City of San
Bernardino COllllll1lJ1ity Development Department, a copy of which is attached to
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this Agreement as Exhibit "B".
This budget shall list all sources of funding
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for the proarllD covered by thia Agreement. whether from State. Federal. local
or private aources, and shall identify which soureea are paying for which
apecifie portions of the proarllD. by line-item, to the extent practicable.
(b) Ilo Travel expenses for out-of-state travel shall be included
in this progrllD unless apecifieally listed in the bUdget as submitted and
approved, and all travel expenses to be funded from funds provided hereunder
shsll be specifically identified as travel expense, which ahall be neaotiated
between the City of San Bernardino Development Department and Subreeipient in
the budget. Any travel expenses incurred by SUbreeipient 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.
(e) Funds shall be used for purposes authorized by the COllllDUl1ity
Development Block Grant ProgrllD only, and no portion of the funds granted
hereby shall be used for any purpose not apecifieally authorized by this
Agreement.
(d) Only net payroll shall be periodically reimbursed by City as
an allowable cost. Any amounts withheld by SUbreeipient from an employee's
pay for tazes. 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 sllowable cost until such time.. the withheld tazes,
social security, or other WithhOlding and not ilDlDediately 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 SUbreeipient for such Obligation.
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(e) Subreeipient ahall be allowed. with the prior written approval
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of the Development Departllent of the City of San Bernardino. to lIalte changes
to the budget during the first three (3) quartera of the fiscal year. 80 long
as SUbreeipient is in compliance with Section "2" of this Aareement at the
time of sUbmiasion of the budget modificstion request. A variation in the
iteaization of costs, as aet forth in the proposed budget aubmitted to City,
not to exceed ten percent (lOX) as to any particular line item. ahall be
allowed, provided that the prior written approval of the Ixeeutive Director of
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the Development Departllent 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 Aareement. and enti tlement to any funds not
expended or obligated shall revert to the City. Ilo reserve for the future
shall be established with the funds except as may be authorized to meet
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, commitments made for services provided during the period of this Aareement.
but not yet paid for at the conclusion of this Aareement.
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(g) SUbrecipient shall remain in compliance with all state.
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federal and local lava prior to the receipt of any reimbursement hereunder.
This inClUdes. but is not limited to, all laws and regulations relative to the
fora of organization. local business licenses and any laws and regulations
specific to the business and activity carried out by Subrecipient.
Reillbursement ahall 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 Ixecutive Director of the Development Department for
reimbursement costs incurred during the period when compliance is achieved
before expiration of this Aareement.
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5.
'&ee01lllt:f...! Audf t.
(a) Prior to the final payment under thia Aareement, and at such
other t1mes as ..y be requeated by the Executive Director of the Development
Department of the City of San Bernardino, Subrecipient ahall aubmit to the
Director an accounting of the proposed and actual ezpenditures of all revenues
from Whatever aource accruing to the oraanization for the fiscal year ending
J1Dle 30, 1992.
(b) Financial records shall be maintained by Subrecipient in
accordance with Generally Accepted Accounting PrinCiples, and in a manner
Which permita City to trace the ezpenditures of funda to aouree
documentation. All books and recorda of aUbrecipient are to be kept open for
inspection at any time during the busineaa day by the City. its officers or
agents. and by any representative of the United States of America authorized
to audit eOlDlDunity development block arant proarams.
(e) Standards for financial management aystems and financial
reporting requirementa established by 24 CPR. Parts 85.20 and 85.22 ahall be
fully complied with by Subreeipient. Subreeipient acknowledges that the fund!!
provided are federal funds.
(d) Subreeipient's financial m&naaement system ahall provide for
accurate, current and complete diseloaure of the financial resulta of each
program sponsored by this Aareement. It is the responsibility of Subrecipient
to adequately safeguard all assets of the proaram. and SUbrecipient shall
assure that they are used solely for authorized purposes.
6. Services Available to Residents: llanltorina and ReDOrtfnw
Proar.. Perfo........ee.
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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Bzh1bit "A". Ilo peraon ahall be denied aerviee because of race, color.
national oriain. creed. aex. asrital atatua, or phyaieal handicap.
Subrecipient ahall comply with Affirmative Action auidelines in its employment
praetieea. Subreeipient ahall alao aonitor the proaram'a activities and
aubmit 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 CPR. Part 85.4l(e)(d) and Part 85.21. Failure to provide
suCh quarterly performance reporta may prevent the processing by City of
Subreeipient'a requesta for reimbursement. and ID8Y justify temporary
withhOlding as provided for in Paragraph "11" hereof. City reserves the right
to vaive auCh breaCh. 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 extraordinary eirc1llll8tances and that such breach has
been timely cured without prejudice to the City.
7. Proeureaent Praeties: Confiiet of Interest.
Subreeipient shall comply with procurement procedures and
auidelines established by 24 CPR, Part 85.36(d)(1), Subrecipient "Procurement
Standards". In addition to the apeeifie requirements of 24 CPR. Part 85.
SUbreeipient shall lD8intain a code or atandards of conduct which shall covern
the performance of its offieen. employeea or acents in contracting with and
expending the federal Arant funds made avsilable to Sub recipient under this
Aareement. Subreeipient'a officers, employeea or aaents &hall neither solicit
nor accept aratuities, favors, or anything of monetary value from contractors
or potential contractors. To the extent permissible by atate law, rules, and
regulations, the standards adopted by SUbreeipient shall provide for
penalties. sanetiona or other disciplinary actions to be applied for
violations of such standards by either the SUbrecipients's Officers. employees
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or &lenta. or by contractors or their aaents.
SUbreeipient &ball provide a
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copy of the code or atandards adopted to City forthwith. All procurement
transactions without regard to dollar value shall be conducted in a manner so
as to provide maximum open and free competition. The Subreeipient shall be
alert to oraanizational conflieta of interest or non-competitive practices
among contractors which aay restrict or eliminate competition or otherwise
restrain trade. Subrecipient aarees to adhere to conflict of interest
provisions set forth in 24 CPR Section 570.611 and to the procurement rules
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specified in 24 CPR, Part 85.36, in its expenditure of all funds received
under this Agreement.
I. Anti-C.ck Back Proviaions: Baual BlmlOVlllent ODDOrtunitv.
All contracts for construction or repair using funds provided under
this Agreement shall include a proviaion for compliance with the Copeland
"Anti-Kick Back" Act (18 V.S.C. 174) as supplemented in Department of Labor
r Regalations (29 CPR. Part 3). Thia Act provides that each contractor or
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aubarantee shall be prohibited frOll inducing, by any means, any person
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employed in the construction, completion or repair of public work, to aive up
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any part of the compensation to which he/she is otherwise entitled.
SUbrecipient shall report sll suspected or reported violations to City. All
contracts in exeesa of $10.000.00 entered into by Subrecipient using funds
proTided under this Agreement shall contain a provision requiring compliance
with Equal Employment Opportunity provisions established by Executive Order
lUmber 11246, as amended.
9. PrevaUfn. Waae Reauireaent.
Any construction contracts awarded by SUbrecipient using funds
proTided under this Agreement in excess of $2,000.00 shall include. provision
for compliance with the Davis-Bacon Act (40 V.S.C. 276(.) to 276(a)(7)) and as
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supplemented by Deputllent of Labor Regulationa (29 CFR). Under this act,
contractors ahall be required to pay wagea to laborera and meehaniea at a rate
not leas than the minimum wages apecified in a wage determination
determination made by the Secretary of Labor. In addition, contractors shall
place a copy of the current prevailing wage determination iasued by the
Department of Labor in each aolieitation and the award of s contract shall be
conditioned upon the acceptance of the wage determination. Subrecipient shall
report all auspected or reported violations to City.
10. ADDroval of Citv of lIDV Ch-raes: Use of Proar_ Ineoae.
(a) City hereby requires SUbreeipient to noti~ the City in
writing, of ita intent to charge a fee for any service. the provision of Which
is assisted pursuant to the Agreement. City requires SUbreeipient to obtain
the prior written approval of City for any charges or fees to be charged by
SUbreeipient for such aervieea, and of any rules and regulations governing the
provision of aerviees hereunder.
(b) Program income represents aroas income received by the
SUbreeipient directly aenerated 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 aerviee fees. aale of commOdities. usage and
rental fees for real or peraonal property using the funds provided by this
Agreement. As to such income, it ahall be first applied to eligible program
aetiYities. 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
ineoae to the City within thirty (30) days subsequent to the end of the
program year (June 30. 1993).
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11. T.......rarv Vhhholdina.
I"" The Executive Director of the Development Department of the City of
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San Bernardino ia authorized to temporily withhold the payment of funds to
SUbrecipient When the Director detel'lllines that any violation of this Aareement
has occurred. Funds ahall 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 arounds for such appeal shall be that no violation of the
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Aareement has occurred. SUbreeipient shall file such appeal within 1"ifteen
(lS) days after such first withholdina. 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 filina.
12. Records Retention.
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Financial records, aupportina documents, statiatieal records, and
all other records pertaining to the use of the funds provided under this
Aareement shall be retained by Subreeipient for a period of three (3) years,
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at a minilDUlD, and in the event of litigation. claim or audit. the records
shall be retained until all litigation. claim or audit findinas involvina the
records, have been fully resolved. Records for non-expendable property
acquired with federal funds provided under this Aareement shall be retained
for three (3) years after the final dispOSition of such property.
13. PrODern JllanalU!lIlent StAftdard8.
Ilon-expendable personsl property, for the purposes of this
Aareement. 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.
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Real property means land, ineludina land improvements, structures and
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appurtenmees thereto. excluding movable machinery and equipment.
Bon-expendable peraonal property and real property purchsaed with or improved
by funds provided under this Agreement ahall be subject to the property
management stmdsrds set forth in 24 CPR, Psrt 85.32.
14. Termination for Csuse.
<a) City reservea the right to terminate thb Agreement in
accordance with 24 CPR, Part 85.43, and any and all armta 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 sew to terminate thb Agreement for cause. City
shall promptly notify the Subreeipient in writing of the proposed termination
and the reasons therefore. together with the propoaed effective date.
Subrecipient shall be liven m opportunity to appear before the Mayor and
Co.-on Council at the time at Which the Mayor and Common Council are to
consider such recommended termination. and ahall be aiven a reasonable
opportunity to show cause vby. if any ezbts, the Agreement ahould not be
tel'llinated for cause. Upon determination by the Mayor and Common Council that.
the contract should be terminated for esuse, notice thereof. inclUding reasons
for the determination. shall promptly be mailed to the SUbreeipient, together
with information as to the effective date of the termination. Such notice may
be liven orally at that hearing. The determination of the Mayor md Common
Council as to cause shall be final.
(b) In the event of any termination Whether for cause or for
convenience. SUbreeipient shall forthwith provide to the Development
Department any and all documentation needed by the Development Department to
establish a full record of all monies received by Subreeipient and to document
the 1I8es of same.
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15. Yewwf,.at:10ll for ConY,",f mu!e.
City or Subreeipient ..y terminate thia Agreement in whole or in
part provided both partiea agree that the continuation of the project would
not produce beneficial resulta commensurate with further expenditure of
funds. In such event, the parties ahall agree upon the termination
conditions, inClUding the effective date and, in the ease 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
Subreeipient full credit for the City's share of the non-cancellable
obligations properly incurred by the SUbreeipient prior to termination.
16. Reversion of Assets.
Subreeipient 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 CFi. Part 570.208 until five (5) years after
ezpirstion of the Agreement or such period of time as determined sppropriate
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 Il8rket value of the
property less any portion thereof attributable to ezpenditure of. or
improvement to. the property by SUbreeipient. Such reimbursement is not
required after the period of time specified in "i" above.
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17. Bold Banoless.
Subrecipient qre.. to indemnify. eave and hold haralesa the City and the
Development Department and their employees and saents fraD all 1iabi1itiea and
charles, expenses (including counsel fees), suits or losses, however
occurring. or damages, ariSing or arowing out of the use of or receipt of
funds paid under this Agreement and all operations under this Agreement.
Pa~ents under this Agreement are made with the understlnding that the City
and the Development Department are not involved in the performance of services
or other activities of the Subreeipient. SUbrecipient and its employees and
agents are independent contractors and not employees or agents of City and the
Development Department.
18. .&mM't~f!D.t.
This Agreement may be ..ended or modified only by written agreement
aigned by both parties. and failure on the part of either party to enforce any
provision of this Agreement shall not be construed ss s waiver of the riaht to
compel enforcement of any provision or provisions.
19. Assi--ent.
This Agreement shall not be assigned by SUbreeipient without the
prior written consent of City.
20. Notices.
All notices herein required shall be in writing and delivered in
person or sent certified .ail. postage prepaid, addressed as follows:
As to City:
As to Suhreeipient
ICENNETII J. BBRDIRSON
Executive Director
Development Department
Economic Development Agency
201 Korth "I" Street. third Floor
San Bernardino. CA 92401
Biahland District Council
on Aging, Inc.
3102 Biahland Avenue
Biahllnd, CA
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21. BYldllft.-e of Authority.
,. SUbrecipient ahall provide to City evidence in the form of a
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certified copy of minutea of the aoverning body of Subrecipient. or other
adequate proof. that thia Agreement haa been approved in all ita detail by the
loverning body of the Subreeipient. that the person(a) executing it are
authorized to act on behalf of SUbreeipient, and that this Agreement is a
binding obliaation on SUbreeipient.
22. CertlfleatiOll of USDrUlee.
Subrecipient ahall comply with the proaram requirementa attached
hereto as Exhibit "C". Which are incorporated by reference as thouah fully set
forth at length and made a part of this Agreement by execution of all
certifications and aasuranees of the CDBG program.
23. Bntire Aarel!lllent.
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 nelotiations and prior writing in
respect to the aubjeet matter hereof. In the event of conflict between the
terms, conditions or proviaions of this Agreement. and any such document or
instrument. the terms and conditions of the Agreement shall prevail.
24. .0 !bIrd Party Beneflelariea.
Ilo third party shall be de_ed to have any riahts hereunder
against any of the parties hereto as a result of this Agreement.
III
III
III
III
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Py 1992/1993 CDBe: Aeh""WU BBnrAl51'l CITY A1ID BICllul(l) DIsruCT COUlICIL OB
AGIBG. IE.
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III wrrnss WBlRlOF, the parties hereto hsve executed this Aareement on the
date and year first hereinabove written.
ArrEST:
CITY OF SAIl BBDARDIRO
City Clerk
By:
W.R. Holcomb, Mayor
City of San Bernardino
SUBUCIPIBlIr
Approved as to form and
legal content:
By:
JAMES F. PERMAR.
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BY:
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Rev. 05/1992
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