HomeMy WebLinkAbout1985-268
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RESOLUTION NO. 85-268
RESOLUTION OF THE CITY OF SAN BEIlBAImINO AIlTHOI.IZING AND
DIRECTING EXECUTION OF COMMUNITY DEVELOPMENT BLOCr; GRANT
FUNDING AGREEMENT BE'l'WEEN THE CITY OF SAN BEIlBAImINO AND
THE FOLLOWING INDIVIDUAL ORGANIZATIONS: SAN BERNARDINO
WEST SIDE COMMUNITY DEVELOPMENT CORPOIlATION, ASSISTANCE
LEAGUE/CHILDREN'S DENTAL HEALTH SERVICES, AND CASA RAMONA
INCORPORATED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BEIlBAImINO AS FOLLOWS:
8
SECTION 1.
The Mayor of the City of San Bernardino is hereby
9 authorized and directed to execute, on behalf of the City of San Bernardino,
10 and agreement for community development block grant funding with each of the
11 following organizations:
San Bernardino West Side Community Development
12 Corporation, Assistance League/Children's Dental Health Services, and Cas a
13 Ramona, Incorporated. The agreement shall be in the form annexed hereto and
14 incorporated herein by reference as Exhibit "1", supplemented respectively by
15 Exhibits "A" and "B", and those agreements, which are annexed hereto as to
16 each of the individual organizations as Exhibits "2 and 3, respectively.
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SECTION 2. The agreement shall specify the granting of community
18 development block grant funds in the following amounts:
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the
25
a
26
of
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San Bernardino West Side Community
Development Corporation
Assistance League/Children's Dental
Health Services
Casa Ramona, Incorporated
$50,000.00
$15,305.00
$25,000.00
1 HEREBY CERTIFY that the foregoing resolution was duly adopted by
Mayor and Common Council of the City of San Bernardino at
reqular
meeting
thereof,
held
on
the 15th
day
July
, 1985, by the following vote to wit:
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AYES:
NAYS:
ABSENT:
,
Council Members Reilly, Hernandez, Marks,
Quiel, Frazier, Strickler
None
Council Member Estrada
~~/.a~
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Ci ty Clerk
9 The foregoing resolution is hereby approved this
18th day of July
10 1985.
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14 Approved as to form:
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~~/
ity Attorney
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Ma r of the City of San Bernardino
Mayor Pro Tempore
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THIS AGRII!MEIT is entered into effective as of Julv 1
,
5 1985, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a
6 municipal corporation, referred to as "City", and Casa Ramona, Incorporated
,
7 a nonprofit community service organization, referred to as "Subrecipient".
8
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City and Subrecipient agree as follows:
1. Recitals.
10 (a) Subrecipient has requested financial assistance from City for
11 fiscal year 1985/1986 from funds available through a community development
12 block grant from the United States of America to City.
13
(b) Subrecipient represents that the expenditures authorized by
14 this Agreement are for valid community development purposes, in accordance
15 with federal law and regulations, and that all funds granted under this
16 Agreement will be used for no purpose other than those purposes specifically
17 authorized. The specific purposes and scope of services of this particular
18 grant are set forth in Exhibit "A", attached hereto and incorporated into this
19 Agreement as though fully set forth herein.
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2. PaJMDts. City shall reimburse Subreclpient for allowable costs
21 incurred under the scope of this Agreement and applicable Federal regulations,
22 which have not been paid for or reimbursed in any other manner or by any other
23 Agency. Reimbursement will be made at least on a monthly basis, with the
24 total of all such reimbursements not to exceed $ 25,000.00
.
25 3. Tera. This Agreement shall commence July 1, 1985, and terminate
26 June 30, 1986.
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4. Use of Funds; Budget; Travel LiII1tation.
The funds paid to
28 Subrecipient shall be used by it solely for the purposes set forth in
1 Paragraph l(b) of this Agreement, and in accordance with the program budget
2 submitted by Subrecipient to the Redevelopment Agency of the City of San
3 Bernardino, a copy of which is attached to this Agreement ,as-. Exhibit "B".
4 This budget shall list all sources of funding for the program -covered by this
5 Agreement, whether from State, Federal, local or private sources, and shall
6 identify which sources are paying for which specific portions of the program,
7 by line-item, to the extent prscticable. No travel expenses for out-of-state
8 travel shall be included in this program unless specifically listed in the
9 budget as submitted and approved, and all travel expenses to be funded from
10 funds provided hereunder shall be specifically identified as trsvel expense,
11 which shall be negotiated between Agency and Subrecipient in the budget. Any
12 travel expenses incurred by Subrecipient above the budgeted amount or for
13 out-of-town travel shall not be eligible for reimbursement unless the prior
14 written approval of the Executive Director of the Redevelopment Agency of the
15 Ci ty of San Bernardino, or his or her designee, has been obtained. Funds
16 shall be used for purposes authorized by the Community Development Block Grant
17 program only, and no portion of the funds granted hereby shall be used for any
18 purpose not specifically authorized by this agreement. Only net payroll shall
19 be periodically reimbursed by City as an allowable cost. Any amounts withheld
20 by Subrecipient from an employee's pay for taxes, social security, or other
21 Withholding and not immediately paid over to another entity, shall not be
22 included as wsges or expenses eligible for reimbursement as sn allowable cost
23 until such time as the withheld taxes, social security, or other withholdings
24 are actually paid over to the entity entitled to such payment. Upon such
25 payment and the submission of evidence of such payment to the Redevelopment
26 Agency, such expenses shall be regarded as allowable cost, and City shall
27 reimburse Subrecipient for such obligation. A variation in the itemization of
28 costs, as set forth in the proposed budget submitted to City, not to exceed
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1 10% as to any particular line item, shall be allowed, provided the prior
2 written approval of the Executive Director of the Redevelopment Agency of the
3 City of San Bernardino is obtained, it being understood that :the- total amount
4 of the grant shall not be varied thereby. At the end of- the term, all
5 unexpended funds shall be returned to the City by Subrecipient. The parties
6 intend that grant funds be utilized within the time period covered by this
7 Agreement, and any funds not used shall revert to the City. No reserve for
8 the future shall be established with the funds except as may be authorized to
9 meet commitments made for services provided during the period of this
10 Agreement, but not yet paid for at the conclusion of this Agreement.
11 5. Accounting. Prior to the final payment under this Agreement, and
12 at such other times as may be requested by the Executive Director of the
13 Redevelopment Agency of the City of San Bernardino, Subrecipient shall submit
14 to the Executive Director an accounting of the proposed and actual
15 expenditures of all revenues accruing to the organization for the fiscal year
16 ending June 30, 1986. Financial records shall be maintained by Subrecipient
17 in accordance with generally accepted accounting principles, in a manner which
18 permits City to trace the expenditures of funds to source documentation. All
19 books and records of Subrecipient are to be kept open for inspection at any
20 time during the business day by the City, its officers or agents, and by any
21 representative of the United States of America authorized to audit Community
22 Development Block Grant programs. Standards for financial management systems
23 and financial reporting requirements established by Attachment "F" and
24 Attachment "G" of Office of Management and Budget Circular No. A-ll0 shall be
25 fully complied with by Subrecipient. Subrecipient acknowledges that the funds
26 provided are federal funds. Subrecipient' s financial management system shall
27 provide for accurate, current and complete disclosure of the financial results
28 of each program sponsored by this Agreement. It is the responsibility of
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1 Subrecipient to adequately safeguard all assets of the program, and
2 Subrecipient shall assure that they are used solely for authorized purposes.
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6. Services Available to Residents; Monitoring and Repgrting PrOgrllll
4 Perforllllnce.
The services of Subrecipient shall be made available to
5 residents and inhabitants of the City of San Bernardino unless otherwise noted
6 in Exhibit "A". No person shall be denied service because of race, color,
7 national origin, creed, sex, marital status, or physical handicapp.
8 Subrecipient shall comply with Affirmative Action guidelines in its employment
9 practices. Subrecipient shall also monitor the program's activities and
10 submit written reports quarterly, or more often if requested, to the Executive
11 Director of the Redevelopment Agency of the City of San Bernardino, in
12 accordance with Attachment "H", Office of Management and Budget Circular No.
13 A-llO. Failure to provide such quarterly performance reports may prevent the
14 processing by City of Subrecipient's requests for reimbursement, and may
15 justify temporary withholding as provided for in Paragx;aph 11 hereof.
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7. Procureaent
Practices.
Subrecipient
shall
comply
with
17 procurement procedures and guidelines established by Attachment "0" to Office
18 of Management and Budget Circular No. A-l02, "Procurement Standards". In
19 addition to the specific requirements of Attachment "0" to Circular No. A-l02,
20 Subrecipient shall maintain a code or standards of conduct which shall govern
21 the performance of its officers, employees or agents in contracting with and
22 expending the Federal grant funds made available to Subrecipient under this
23 Agreement. Subrecipient's officers, employees or agents shall neither solicit
24 nor accept gratuities, favors, or anything of monetary value from contractors
25 or potential contractors. To the extent permissible by State law, rules, and
26 regulations, the standards adopted by Subrecipient shall provide for
27 penalties, sanctions or other disciplinary actions to be applied for
28 violations of such standards by either the Subrecipient's officers, employees
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or agents, or by contractors or their agents.
Subrecipient shall provide a
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2 copy of the code or standards adopted to City forthwith. All procurement
3 transactions without regard to dollar value shall be conducte~ in a manner so
4 as to provide maximum open and free competition. The Subrec1pient shall be
5 alert to organizational conflicts of interest or non-competitive practices
6 among contractors which may restrict or eliminate competition or otherwise
7 restrain trade. Subrecipient agrees to adhere to the procurement rules
8 specified in Office of Management and Budget Circular No. A-l02 Attachment .0.
9 in its expenditure of all funds received under this Agreement.
8. ADti-Xick BacIt ProviB1ons; Equal laployJll!Dt Opportunity.
All
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12 shall include a provision for compliance with the Copeland "Anti-Kick Back"
13 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
contract for construction or repair using funds provided under this Agreement
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prohibited
from
inducing,
by
employed
in
the
means,
any
person
any
construction, completion or repair of public work, to give up any part of the
compensation to which he is otherwise entitled.
Subrecipient shall report all
or reported violations
All
contracts
in excess
of
suspected
to City.
$10,000.00
entered into
by Subrecipient using funds provided under this
20 Agreement shall contain a provision requiring compliance with Equal Employment
Opportunity provisions established by Executive Order #11246 as amended.
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9.
Prevaning Wage Ilequir_t.
Any construction contracts awarded
by Subrecipient using funds provided under this
Agreement in excess of
$2,000.00 shall include a provision for compliance with the Davis-Bacon Act
(40.U.S.C.
276a-7)
supplemented
by Department
of Labor
276a to
and as
Regulations (29CFR).
Under this act, contractors shall be required to pay
wages to laborers and mechanics at a rate not less than the minimum wages
speCified in a wage determination made by the Secretary of Labor.
In
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1 addition, contractors shall be required to pay wages not less often than once
2 a week. Subrecipient shall place a copy of the current prevailing wage
3 determination issued by the Department of Labor in each solicitation and the
4 award of a contract shall be conditioned upon the acceptam:e of the wage
5 determination. Subrecipient shall report all suspected or reported violations
6 to City.
7 10. Approval of City of any Charges; Use of PrOgrSll Income. City
8 reserves the right to require Subrecipient to obtain the prior written
9 approval of City of any charges or fees to be charged by Subrecipient for
10 services provided under this Agreement, and of any rules and regulations
11 governing the provision of services hereunder. Program income represents
12 gross income earned by the Subrecipient from the Federally supported
13 activities. Such earnings exclude interest earned on advances and may
14 include, but will not be limited to, income from service fees, sale of
15 commodities, usage and rental fees. These funds shall be used first for
16 eligible program activities, before requests for reimbursement, or shall be
17 remitted to the City. Subrecipient shall remit all unspent program income to
18 the City within thirty (30) days subsequent to the end of the program year
19 (June 30, 1986). Interest earned on funds advanced under the Agreement shall
20 be paid to the City.
21 11. Teaporary Withho~d1ng. The Executive Director of the
22 Redevelopment Agency of the City of San Bernardino is authorized to
23 temporarily withhold the payment of funds to Subrecipient when the Executive
24 Director determines that any violation of this Agreement has occurred. Funds
25 shall be withheld until the violation is corrected to the satisfaction of the
26 Executive Director or of the Mayor and Common Council. Subrecipient shall
27 have the right to be heard by the Mayor and Common Council if Subrecipient
28 maintains no violation of the Agreement has occurred, which hearing shall be
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1 held within 45 days after the funds have first been withheld, provided
2 Subrecipient requests such hearing within 15 days after such first withholding.
12. Recorda Retention. Financial records, sUPpoJCtillg documents,
3
4 statistical records, and all other records pertaining to the.use of the funds
5 provided under this Agreement shall be retained by Subrecipient for a period
6 of three (3) years, at a minimum, and in the event of litigation, claim or
7 audit, the records shall be retained until all litigation, claims, and audit
8 findings involving the records, have been fully resolved. Records for
9 non-expendable property acquired with federal funds provided under this
10 Agreement shall be retained for three (3) years after the final disposition of
11 such property.
12
13.
Property Managuent Standarda.
Non-expendable personal property,
13 for the purposes of this Agreement, is defined as tangible personal property,
14 purchased in whole or in part with Federal funds, which has useful life of
15 more than one (1) year and an acquisition cost of three hundred dollars
16 ($300.00) or more per unit. Real property means land, including land
17 improvements, structures and appurtenances thereto, excluding movable
18 machinery and equipment. Non-expendable personal property and real property
19 purchased with or improved by funds provided under this Agreement shall be
20 subject to the property management standards specified in Attachment "N" of
21 Office of Management and Budget Circular No. A-l02, "Property Management
22 Standards".
14. TendnatioD for Cause.
City reserves the right to terminate this
23
24 Agreement and any and all grants and future payments under this Agreement in
25 whole or in part at any time before the date of completion of this Agreement
26 whenever City determines that the Subrecipient has failed to comply with the
27 conditions of this Agreement. In the event City seeks to terminate this
28 Agreement for cause, City shall promptly notify the Subrecipient in writing of
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1 the proposed termination and the reasons therefore, together with the proposed
2 effective date. Subrec1pient shall be given an opportunity to appear before
3 the Mayor and Common Council at the time at which the Mayor and.Common Council
4 are to consider such recommended termination, and shall be ~'Len a reasonable
5 opportunity to show cause why, if any exists, the Agreement should not be
6 terminated for cause. Upon determination by this Mayor and Common Council
7 that the contract should be terminated for cause, notice thereof, including
8 reasons for the determination, shall promptly be given to Subrecipient,
9 together with information as to the effective date of the termination. The
10 determination of the Mayor and Common Council as to cause shall be final.
11
15. Teraination for Convenience. City or Subrecipient may terminate
12 this Agreement in whole or in part provided both parties agree that the
13 continuation of the project would not produce beneficial results commensurate
14 with further expenditure of funds. In such event, the parties shall agree
15 upon the termination conditions, including the effective date and, in the case
16 of partial terminations, the portion to be terminated. The Subrecipient shall
17 not incur new obligations for the terminated portion after the effective date
18 and shall cancel as many outstanding obligations as possible. City shall
19 allow Subrecipient full credit for the City's share of the non-cancellable
20 obligations properly incurred by the Subrecipient prior to termination.
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16. Hold HarII1ess.
Subrecipient agrees to indemnify and save
22 harmless the City and its employees and agents from all liabilities and
23 charges, expenses (including counsel fees), suits or losses, however
24 occurring, or damages, arising or growing out of the use of or receipt of
25 funds paid under this Agreement and all operations under this Agreement.
26 Payments under this Agreement are made with the understanding that the City is
27 not involved in the performance of services or other activities of
28 Subrecipient. Subrecipient and its employees and agents are independent
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1 contractors and not employees or agents of City.
2 17. AIIen~t;. This Agreement may be amended or modified only by
3 written agreement signed by both parties, and failure on the part of either
4 party to enforce any provision of this Agreement shall not be- construed as a
5 waiver of the right to compel enforcement of any provision or provisions.
6 18. As..flV'......~. This Agreement shall not be assigned by Subrecipient
7 without the prior written consent of City.
8 19. Notices. All notices herein required shall be in writing and
9 delivered in person or sent by certified mail, postage prepaid, addressed as
10 follows:
11
12
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14
15
16
As to City:
As to Subrecipient:
Executive Director,
Redevelopment Agency of the
City of San Bernardino
City Hall, Third Floor Rm. 320
300 North "D" Street
San Bernardino, Calif. 92418
Cas a Ramona, Incorporated
1524 West 7th Street
San Bernardino, CA 92411
20. Evidence of Authority.
Subrecipient shall provide to City
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evidence in the form of a certified copy of minutes of the governing body of
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Subrecipient, or other adequate proof, that this Agreement has been approved
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in all its detail by the governing body of Subrecipient, that the person(s)
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executing it are authorized to act on behalf of Subrecipient, and that this
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Agreement is a binding obligation on Subrecipient.
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1 IN WITNESS WIIJlIlEOF. the parties hereto have executed this Agreement
2 on the dsY and year first hereinabove written.
3
4 ArrEST:
5 ...bP'~~~
6 ,/ City Clerk
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Approved as to legal form:
13 "'~
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. i ty Attorney
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16 June/1985
17 977L
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BY: 1~1.~7;). ~~
Mayor
S1JBIlECIPIEIIT :
BY:
Pr
BY~o- ~~ ~
Secretary ~
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CASA RAMONA, INCORPORATED
SCOPE OF SERVICES
To provide architectural and engineering services for the construction of s
3,400 square foot dental services building on available and suitable Case
Ramona grounds. The dental clinic would be located i_diately adjacent to
the existing Casa Ramona Medical Clinic.
The estimated construction cost of the project is $280,000 with approximately
44,247 people served on an annual basis once the facility is completed.
July 1985
l82L
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Exhibit "AU
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CASA RAMONA, INCORPORATED
OPERATING BUDGET
Cssa Ramona has been approved for $25,000.00 in CDBG funding by the City of
San Bernardino. A more detailed operating budget will be developed when
construction funds are identified.
July/1985
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Exhibit "B"
2f 5' - 2-"9
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THIS AGREEMENT is entered into effective as of
Julv 1. 1<385
5 1985, at San Bernardino, California,
between the CITY OF SAN BERNARDINO, a
(Assistance League)
"City", and Chi ldrens Dental Health Cen~
6 municipal corporation, referred to as
7 a nonprofit community service organization, referred to as "Subrecipient".
8
9
10
City and Subrecipient agree as follows:
1. Recitab.
(a) Subrecipient has requested financial assistance from City for
o
11 fiscal year 1985/1986 from funds available through a community development
12 block grant from the United States of America to City.
13
(b) Subrecipient represents that the expenditures authorized by
14 this Agreement are for valid community development purposes, in accordance
15 with federal law and regulations, and that all funds granted under this
16 Agreement will be used for no purpose other than those purposes specifically
17 authorized. The specific purposes and scope of services of this particular
18 grant are set forth in Exhibit "A", attached hereto and incorporated into this
19 Agreement as though fully set forth herein.
20
2. Payments. City shall reimburse Subrecipient for allowable costs
21 incurred under the scope of this Agreement and applicable Federal regulations,
22 which have not been paid for or reimbursed in any other manner or by any other
23 Agency. Reimbursement will be made at least on a monthly basis, with the
24 total of all such reimbursements not to exceed $ 15.305.00
25 3. Term. This Agreement shall coounence July 1, 1985, snd terminate
26 June 30, 1986.
27 4. Use of Funds; Budget; Travel Limitation. The funds psid to
28 Subrecipient shall be used by it solely for the purposes set forth in
"
1 Parsgraph l(b) of this Agreement, and in accordance with the program budget
2 submitted by Subrecipient to the Redevelopment Agency of the City of San
3 Bernardino, a copy of which is attached to this Agreement as Exhibit liB".
4 This budget shall list all sources of funding for the program covered by this
5 Agreement, whether from State, Federal, local or private sources, and shall
6 identify which sources are paying for which specific portions of the program,
7 by line-item, to the extent practicable. No travel expenses for out-of-state
8 travel shall be included in this program unless specifically listed in the
9 budget as submitted and approved, and all travel expenses to be funded from
10 funds provided hereunder shall be specifically identified as travel expense,
11 which shall be negotiated between Agency and Subrecipient in the budget. Any
12 travel expenses incurred by Subrecipient above the budgeted amount or for
13 out-of-town travel shall not be eligible for reimbursement unless the prior
14 written approval of the Executive Director of the Redevelopment Agency of the
15 City of San Bernardino, or his or her designee, has been obtained. Funds
16 shall be used for purposes authorized by the Community Development Block Grant
17 program only, and no portion of the funds granted hereby shall be used for any
18 purpose not specifically authorized by this agreement. Only net payroll shall
19 be periodically reimbursed by City as an allowable cost. Any amounts withheld
20 by Subrecipient from an employee's pay for taxes, social security, or other
21 withholding and not immediately paid over to another entity, shall not be
22 included as wages or expenses eligible for reimbursement as an allowable cost
23 until such time as the withheld taxes, social security, or other withholdings
24 are actually paid over to the entity entitled to such payment. Upon such
25 payment and the submission of evidence of such payment to the Redevelopment
26 Agency, such expenses shall be regarded as allowable cost, and City shall
27 reimburse Subrecipient for such obligation. A variation in the itemization of
28 costs, as set forth in the proposed budget submitted to City, not to exceed
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1 10% as to any particular line item, shall be allowed, provided the prior
2 written approval of the Executive Director of the Redevelopment Agency of the
3 City of San Bernardino is obtained, it being understood that the total amount
4 of the grant shall not be varied thereby. At the end of the term, all
5 unexpended funds shall be returned to the City by Subrecipient. The parties
6 intend that grant funds be utilized within the time period covered by this
7 Agreement, and any funds not used shall revert to the City. No reserve for
8 the future shall be established with the funds except as may be authorized to
9 meet commitments made for services provided during the period of this
10 Agreement, but not yet paid for at the conclusion of this Agreement.
11 5. Accounting. Prior to the final payment under this Agreement, and
12 at such other times as may be requested by the Executive Director of the
13 Redevelopment Agency of the City of San Bernardino, Subrecipient shall submit
14 to the Executive Director an accounting of the proposed and actual
15 expenditures of all revenues accruing to the organization for the fiscal year
16 ending June 30, 1986. Financial records shall be maintsined by Subrecipient
17 in sccordance with generally accepted accounting principles, in a manner which
18 permits City to trace the expenditures of funds to source documentstion. All
19 books and records of Subrecipient are to be kept open for inspection at any
20 time during the business day by the City, its officers or agents, and by any
21 representative of the United States of America authorized to sudit Community
22 Development Block Grant programs. Standards for financial management systems
23 and financial reporting requirements established by Attachment "F" and
24 Attachment "G" of Office of Management and Budget Circular No. A-110 shall be
25 fully complied with by Subrecipient. Subrecipient acknowledges that the funds
26 privded are federal funds. Subrecipient I s financial management system shall
27 provide for accurate, current and complete disclosure of the financial results
28 of each program sponsored by this Agreement. It is the responsibility of
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1 Subrecipient to adequately safeguard all assets of the program, and
2 Subrecipient shall assure that they are used solely for authorized purposes.
3 6. Services Available to Residents; Monitoring and Reporting Program
4 Performance. The services of Subrecipient shall be made available to
5 residents and inhsbitants of the City of San Bernardino unless otherwise noted
6 in Exhibit "A". No person shall be denied service 'because of race, color,
7 national origin, creed, sex, marital status, or physical handicapp.
8 Subrecipient shall comply with Affirmative Action guidelines in its employment
9 practices. Subrecipient shall also monitor the program's activities and
10 submit written reports quarterly, or more often if requested, to the Executive
11 Director of the RedeveloPment Agency of the City of San Bernardino, in
12 accordance with Attachment "H", Office of Management and Budget Circular No.
13 A-llO. Failure to provide such quarterly performance reports may prevent the
14 processing by City of Subrecipient' s requests for reimbursement, and may
15 justify temporary withholding as provided for in Paragraph 11 hereof.
16 7. Procurement Practices. Subrecipient shall comply with
17 procurement procedures and guidelines established by Attachment "0" to Office
18 of Management and Budget Circular No. A-l02, "Procurement Standards". In
19 addition to the specific requirements of Attachment "0" to Circular No. A-l02,
20 Sub recipient shall maintain a code or standards of conduct which shall govern
21 the performance of its officers, employees or agents in contracting with and
22 expending the Federal grant funds made available to Subrecipient under this
23 Agreement. Subrecipient's officers, employees or agents shall neither solicit
24 nor accept gratuities, favors, or anything of monetary value from contractors
25
26
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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 Subrecipient's officers, employees
-4-
1 or agents, or by contractors or their agents. Subrecipient shall provide a
2 copy of the code or standards adopted to City forthwith. All procurement
3 transactions without regard to dollar value shall be conducted in a manner so
4 as to provide maximum open and free competition. The Subrecipient shall be
5 alert to organizational conflicts of interest or non-competitive practices
6 among contractors which may restrict or eliminate competition or otherwise
7 restrain trade. Subrecipient agrees to adhere to the procurement rules
8 specified in Office of Management and Budget Circular No. A-l02 Attachment "0"
9 in its expenditure of all funds received under this Agreement.
10 8. Anti-lUck Back Provisions; Equal Employment Opportunity. All
11 contract for construction or'repair using funds provided under this Agreement
12 shall include a provision for compliance with the Copeland "Anti-Kick Back"
13 Act (18.U.S.C. 874) as supplemented in Department of Labor Regulations (29
14 CFR, Part 3). This act provides that each contractor or subgrantee shall be
15 prohibited from inducing, by any means, any person employed in the
16 construction, completion or repair of public work, to give up any part of the
17 compensation to which he is otherwise entitled. Subrecipient shall report all
18 suspected or reported violations to City. All contracts in excess of
19 $10,000.00 entered into by Subrecipient using funds provided under this
20 Agreement shall contain a provision requiring compliance with Equal Employment
21 Opportunity provisions established by Executive Order #11246 as amended.
22 9. Prevailing Wage Requirement. Any construction contracts awarded
23 by Subrecipient using funds provided under this Agreement in excess of
24 $2,000.00 shall include a provision for compliance with the Davis-Bacon Act
25 (40.U.S.C. 276a to 276a-7) and as supplemented by Department of Labor
26 Regulations (29CFR). Under this act, contractors shall be required to pay
27 wages to laborers and mechanics at a rate not less than the minimum wages
28 specified in a wage determination made by the Secretary of Labor. In
-5-
1 addition, contractors shall be required to pay wages not less often than once
2 a week. Subrecipient shall place a copy of the current prevailing wage
3 determination issued by the Department of Labor in each solicitation and the
4 award of a contract shall be conditioned upon the acceptance of the wage
5 determination. Subrecipient shall report all suspected or reported violations
6 to City.
7 10. Approval of City of any Charges; Use of Program Income. City
8 reserves the right to require Subrecipient to obtain the prior written
9 approval of City of any charges or fees to be charged by Subrecipient for
10 services provided under this Agreement, and of any rules and regulations
11 governing the provision of services hereunder. Program income represents
12 gross income earned by the Subrecipient from the Federally supported
13 activities. Such earnings exclude interest earned on advances and may
14 include, but will not be limited to, income from service fees, sale of
15 commodities, usage and rental fees. These funds shall be used first for
16 eligible program activities, before requests for reimbursement, or shall be
17 remitted to the City. Subrecipient shall remi t all unspent program income to
18 the City within thirty (30) days subsequent to the end of the program year
19 (June 30, 1986). Interest earned on funds advanced under the Agreement shall
20 be paid to the City.
21 11. Teaporary Withholding. The Executive Director of the
22 Redevelopment Agency of the City of San Bernardino is authorized to
23 temporarily withhold the payment of funds to Subrecipient when the Executive
24 Director determines that any violation of this Agreement has occurred. Funds
25 shall be withheld until the violation is corrected to the satisfaction of the
26 Executive Director or of the Mayor and Common Council. Subrecipient shall
27 have the right to be heard by the Mayor and Common Council if Subrecipient
28 maintains no violation of the Agreement has occurred, which hearing shall be
-6-
1 held within 45 days after the funds have first been withheld, provided
2 Subrecipient requests such hearing within 15 days after such first withholding.
3 12. Recorda Retention. Financial records, supporting documents,
4 statistical records, and all other records pertaining to the use of the funds
5 provided under this Agreement shall be retained by Subrecipient for a period
6 of three (3) years, at a minimum, and in the' event of litigstion, claim or
7 audit, the records shall be retained until all litigation, claims, and audit
8 findings involving the records, have been fully resolved. Records for
9 non-expendable property acquired with federal funds provided under this
10 Agreement shall be retained for three (3) years after the final disposition of
11 such property.
12 13. Property Kanage_nt Standards. Non-expendable personal property,
13 for the purposes of this Agreement, is defined as tangible personal property,
14 purchased in whole or in part with Federal funds, which has useful life of
15 more than one (1) year and an acquisition cost of three hundred dollars
16 ($300.00) or more per unit. Real property means land, including land
17 improvements, structures and appurtenances thereto, excluding movable
18 machinery and equipment. Non-expendable personal property and real property
19 purchased with or improved by funds provided under this Agreement shall be
20 subject to the property management standards specified in Attachment "N" of
21 Office of Management and Budget Circulsr No. A-l02, "Property Management
22 Standards".
23 14. Termination for Cause. City reserves the right to terminate this
24 Agreement and any and all grants and future payments under this Agreement in
25 whole or in part at any time before the date of completion of this Agreement
26 whenever City determines that the Subrecipient hss failed to comply with the
27 conditions of this Agreement. In the event City seeks to terminate this
28 Agreement for cause, City shall promptly notify the Subrecipient in writing of
-7-
1 the proposed termination and the reasons therefore, together with the proposed
2 effective date. Subrecipient shall be given an opportunity to appear before
3 the Mayor and Common Council at the time at which the Mayor and Common Council
4 are to consider such recommended termination, and shall be given a reasonable
5 opportunity to show cause why, if any exis ts, the Agreement should not be
6 terminated for cause. Upon determination by 'this Mayor and Common Council
7 that the contract should be terminated for cause, notice thereof, including
8 reasons for the determination, shall promptly be given to Subrecipient,
9 together with information as to the effective date of the termination. The
10 determination of the Mayor and Common Council as to cause shall be final.
11 15. Termination for' GODvenience. City or Subrecipient may terminate
12 this Agreement in whole or in psrt provided both parties agree that the
13 continuation of the project would not produce beneficial results commensurate
14 with further expenditure of funds. In such event, the parties shall agree
15 upon the termination conditions, including the effective date and, in the case
16 of partial terminstions, the portion to be terminated. The Subrecipient shall
17 not incur new obligations for the terminated portion after the effective date
18 and shall cancel as many outstanding obligations as possible. City shall
19 allow Subrecipient full credit for the City's share of the non-cancellable
20 obligations properly incurred by the Subrecipient prior to termination.
21 16. Hold Harmless. Sub recipient agrees to indemnify and save
22 harmless the City and its employees and agents from all liabilities and
23 charges, expenses (including counsel fees), suits or losses, however
24 occurring, or damages, arising or growing out of the use of or receipt of
25 funds paid under this Agreement and all operations under this Agreement.
26 Payments under this Agreement are made with the understanding that the City is
27 not involved in the performance of services or other activities of
28 Subrecipient. Subrecipient and its employees and agents are independent
-8-
1 contractors and not employees or agents of City.
2 17. Amend_nt. This Agreement may be amended or modified only by
3 written agreement signed by both parties, and failure on the part of either
4 party to enforce any provision of this Agreement shall not be construed as a
5 waiver of the right to compel enforcement of any provision or provisions.
6 18. Aesignment. This Agreement ahall not be assigned by Subrecipient
7 without the prior written consent of City.
8 19. Notices. All notices herein required shall be in writing and
9 delivered in person or sent by certified mail, postage prepaid, addressed as
10 follows:
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
As to City:
As to Subrecipient:
Executive Director,
Redevelopment Agency of the
City of San Bernardino
City Ball, Third Floor Rm. 320
300 North "D" Street
San Bernardino, Calif. 92418
20. Evidence of Authority.
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 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.
-9-
5
6
7
8
9
10
11
12
1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement
2 on the day and year first hereinabove written.
3
4 ATTEST:
'~ .......uo,
B . fAvt:/~
Mayor
~/(4l!JIb'~/
,/ City Clerk
SUBRECIPIENT:
BY: J~~1 ((9..fJ#J
Presl.d t
BY: /~~".. s~~I~ettff)
Approved as to legal form:
13
14 ~~to~~
15
16
June/1985
17 977L
18
19
20
21
22
23
24
25
26
27
28
-10-
.
()
CHILDREN'S BENEFIT ASSOCIATION
CHILDREN'S DENTAL HEALTH CENTER
Estimated Cost:
Priority List for Equipment ~nd Supplies:
1. Automatic Processor'For Developing X-Rays
2. X-Ray for Exam Room 13
3. New Model Trimmer
4. Instrument Cart
5. Start-up Supply of Disposable Products
6. Sealant Kit
7. Indodontic Files and Instruments
8. Handpieces for Rooms 2 and 3
9. Accessories for New Equipment (Ultrasonic: cleaner,
basket and beakers, cleaner fluids, disposable
suction tips, autoclave bags ,and solution,
miscellaneous:other items.)
10. Additional Hand Instruments and surgical Instruments
11. Composite Material for Enamel Bonding
12. Silver Alloy -
13. Laboratory Equipment
14. Spare Bulbs for Patient Light (2)
15. Intraoffice communication Equipment
16. Offic~supplies.and Patient Motivation Literature
~..-..., ,'., , ,
17. Sales tax ;at 6%
18. Freight charges at 1%
19. Allowance for Cost Increases, Installation Charges,
Miscellanebus Charges at 12%
20. Contingency
,~
e.xJ4 b, 1-
rfi9 rr
$1,100.00
3,800.00
425.00
300.00
300.00
90.00
225.00
1,600.00
450.0,0
575.00
325.00
600.00
350.00
84.00
600.00
400.00
67'8.00
113.00
1,896.00
1.394.00
,
CHILDREN'S DENTAL HEALTH CENTER
PROPOSED BUDGE'!' 1985-86
ESTIMATED RECEIPTS:
Assistance League
Patient Fees
Dentist donations
Memorial Donations
Interest on Savings
$61.000
4,000
2,000
10
'3.000
.$70.462
· Community Development
Block Grant
$15.'305
$85.767
ESTIMATED DISBURSEMENTS:
Denti~t Salaries
Assistant Salary
Payroll taxes
Uniform allowance
Dental Fquipment, New
Dental Supplies
Insurance
Utilities
Office Supplies
Dental Fquipment Repair
X-Ray Fquipment Tax
Building Maintenance
Janitorial Service
Lawn Service
Accounting Fees(Audit)
Termite Control
Orthodontics & Special Dentistry
Oral Hygeine
School Screening
Public Relations
Education Fund
Rank Service Charges
Cash Reserve
Remodelin!(
$26,280
12,100
900
360
500
3,600
2,500
3,100
400
100
100
700
3,032
720
500
270
4,500
100
1,600
300
100
50
150
8.500
$61.962
$70,462
· Community Development
BloCk Grant--See Attached
$15.'305
_$85.767
BREAXIlONN FOR RmODELING:
Floors (carpet, vinyl, baseboards)
Painting
Wallpa'PBr
Window Treatment
Lighting
Furntiture
Framed Posters
Misc.
$2708,50
475.00
2475.00
1025.00
170.00
700.00
100.00
846.50
".,$8500.00
EJ.Qh,. b,:.t-- I. (3 If
35..;J(,F
1
2
3
4
!Q!!!~!!!
THIS AGREBllENT is entered into effective as of
Julv 1. lq81i
5 1985, at San Bernardino, California,
between the CITY
West Side
"City", and
OF SAN BERNARDINO, a
Community Development
Corooration
6 municipal corporation, referred to as
7 a nonprofit cODIIlunity service organization, referred to as "Subrecipient".
8
9
10
City and Subrecipient agree as follows:
1. Recitab.
(a) Subrecipient has requested financial assistance from City for
11 fiscal year 1985/1986 fr~ "funds available through a community development
12 block grant from the United States of America to City.
13
(b) Subrecipient represents that the expenditures authorized by
14 this Agreement are for valid community development purposes, in accordance
15 with federal law and regulations, and that all funds granted under this
16 Agreement will be used for no purpose other than those purposes specifically
17 authorized. The specific purposes and scope of services of this particular
18 grant are set forth in Exhibit "A", attached hereto and incorporated into this
19 Agreement as though fully set forth herein.
20 2. Payments. City shall reimburse Subrecipient for allowsble costs
21 incurred under the scope of this Agreement and applicable Federal regulations,
22 which have not been paid for or reimbursed in any other manner or by any other
23 Agency. Reimbursement will be made at least on a monthly basis, with the
24 total of all such reimbursements not to exceed $ 50.000.00 .
25 3. . Term. This Agreement shall commence July 1, 1985, and terminate
26 June 30, 1986.
27 4. Use of Funds; Budget; Travel Limitation. The funds paid to
28 Subrecipient shall be used by it solely for the purposes set forth in
1 Paragraph l(b) of this Agreement, and in accordance with the program budget
2 submitted by Subrecipient to the Redevelopment Agency of the City of San
3 Bernardino, a copy of which is attached to this Agreement as Exhibit "B".
4 This budget shall list all sources of funding for the progum covered by this
5 Agreement, whether from State, Federal, local or private sources, and shall
6 identify which sources are paying for which specific portions of the program,
7 by line-item, to the extent practicable. No travel expenses for out-of-state
8 travel sha 11 be included in this program unless specifically listed in the
9 budget as submitted and approved, and all travel expenses to be funded from
10 funds provided hereunder shall be specifically identified as travel expense,
11 which shall be negotiated be"tween Agency and Subrecipient in the budget. Any
12 travel expenses incurred by Subrecipient above the budgeted amount or for
13 out-of-town travel shall not be eligible for reimbursement unless the prior
14 written approval of the Executive Director of the Redevelopment Agency of the
15 City of San Bernardino, or his or her designee, has been obtained. Funds
16 shall be used for purposes authorized by the Community Development Block Grant
17 program only, and no portion of the funds granted hereby shall be used for any
18 purpose not specifically authorized by this agreement. Only net payroll shall
19 be periodically reimbursed by City as an allowable cost. Any amounts withheld
20 by Subrecipient from an employee's pay for taxes, social security, or other
21 withholding and not immediately paid over to another entity, shall not be
22 included as wages or expenses eligible for reimbursement as an allowable cost
23 until such time as the withheld taxes, social security, or other withholdings
24 are actually paid over to the entity entitled to such payment. Upon such
25 payment and the submission of evidence of such payment to the Redevelopment
26 Agency, such expenses shall be regarded as allowable cost, and City shall
27 reimburse Subrecipient for such obligation. A variation in the itemization of
28 costs, as set forth in the proposed budget submitted to City, not to exceed
-2-
1 10% as to any particular line item, shall be allowed, provided the prior
2 written approval of the Executive Director of the Redevelopment Agency of the
3 City of San Bernardino is obtained, it being understood that the total amount
4 of the grant ahall not be varied thereby. At the end of the term, all
5 unexpended funds shall be returned to the City by Subrecipient. The parties
6 intend that grant funds be utilized within the time period covered by this
7 Agreement, and any funds not used shall revert to the City. No reserve for
8 the future shall be established with the funds except as may be authorized to
9 meet commitments made for services provided during the period of this
10 Agreement, but not yet paid for at the conclusion of this Agreement.
11 5. Accounting. Prio~ to the final payment under this Agreement, and
12 at such other times as may be requested by the Executive Director of the
13 Redevelopment Agency of the City of San Bernardino, Subrecipient shall submit
14 to the Executive Director an accounting of the proposed and actual
15 expenditures of all revenues accruing to the organization for the fiscal year
16 ending June 30, 1986. Financial records shall be maintained by Subrecipient
17 in accordance with generally accepted accounting principles, in a manner which
18 permits City to trace the expenditures of funds to source documentation. All
19 books and records of Subrecipient are to be kept open for inspection at any
20 time during the business day by the City, its officers or agents, and by any
21 representative of the United States of America authorized to audit Community
22 Development Block Grant programs. Standards for financial management systems
23 and financial reporting requirements established by Attachment "F" and
24 Attachment JIG" of Office of Management and Budget Circular No. A-110 shall be
25 fully complied with by Subrecipient. Subrecipient acknowledges that the funds
26 privded are federal funds. Subrecipient I s financial management system shall
27 provide for accurate, current and complete disclosure of the financial results
28 of each program sponsored by this Agreement. It is the responsibility of
-3-
1 Subrecipient to adequately safeguard all assets of the program, and
2 Subrecipient shall assure that they are used solely for authorized purposes.
3 6. Services Available to Residents; Monitoring and Reporting Program
4 Perforaance. The services of Subrecipient shall be made available to
5 residents and inhabitants of the City of San Bernardino unless otherwise noted
6 in Exhibit "A". No person shall be denied service because of race, color,
7 national origin, creed, sex, marital status, or physical handicapp.
8 Subrecipient shall comply with Affirmative Action guidelines in its employment
9 practices. Subrecipient shall also monitor the program's activities and
10 submit written reports quarterly, or more often if requested, to the Executive
11 Director of the Redeveloj'mn!nt Agency of the City of San Bernardino, in
12 accordance with Attachment "H", Office of Management and Budget Circular No.
13 A-llO. Failure to provide such quarterly ,performance reports may prevent the
14 processing by City of Subrecipient I s requests for reimbursement, and may
15 justify temporary withholding as provided for in Paragraph 11 hereof.
16 7. Procurement Practices. Subrecipient shall comply with
17 procurement procedures and guidelines established by Attachment "0" to Office
18 of Management and Budget Circular No. A-l02, "Procurement Standards". In
19 addition to the specific requirements of Attachment "0" to Circular No. A-l02,
20 Subrecipient shall maintain a code or standards of conduct which shall govern
21 the performance of its officers, employees or agents in contracting with and
22 expending the Federal grant funds made svailable to Subrecipient under this
23 Agreement. Subrecipient's officers, employees or agents shall neither solicit
24 nor accept gratuities, favors, or anything of monetary value from contractors
25 or potential contractors. To the extent permissible by State law, rules, and
26 regulations, the standards adopted by Subrecipient shall provide for
27 penalties, sanctions or other disciplinary actions to be applied for
28 violations of such standards by either the Subrecipient's officers, employees
-4-
] or agents, or by contractors or their agents. Subrecipient shall provide a
2 copy of the code or standards adopted to City forthwith. All procurement
3 transactions without regard to dollar value shall be conducted in a manner so
4 as to provide maximum open and free competition. The Subrecipient shall be
5 alert to organizational conflicts of interest or non-competitive practices
6 among contractors which may restrict or eliminate competition or otherwise
7 restrain trade. Subrecipient agrees to adhere to the procurement rules
8 specified in Office of Management and Budget Circular No. A-l02 Attachment "0"
9 in its expenditure of all funds received under this Agreement.
10 8. Anti-Kick Back Provisions; Equal Eaployment Opportunity. All
11 contract for construction br'repair using funds provided under this Agreement
12 shall include a provision for compliance with the Copeland "Anti-Kick Back"
13 Act 08.U.S.C. 874) as supplemented in Department of Labor Regulations' (29
14 CFR, Part 3). This act provides that each contractor or subgrantee shall be
15 prohibited from inducing, by any means, any person employed in the
16 construction, completion or repair of public work, to give up any part of the
17 compensation to which he is otherwise entitled. Subrecipient shall report all
18 suspected or reported violations to City. All contracts in excess of
]9 $10,000.00 entered into by Subrecipient using funds provided under this
20 Agreement shall contain a provision requiring compliance with Equal Employment
21 Opportunity provisions established by Executive Order #11246 as amended.
22 9. Prevailing Wage Requirement. Any construction contracts awsrded
23 by Subrecipient using funds provided under this Agreement in excess of
24 $2,000.00 shall include a provision for compliance with the Davis-Bacon Act
25 (40.U.S.C. 276a to 276a-7) and as supplemented by Department of Labor
26 Regulations (29CFR). Under this act, contractors shall be required to pay
27 wages to laborers and mechanics at a rate not less than the minimum wages
28 specified in a wage determination made by the Secretary of Labor. In
-5-
1 addition, contractors shall be required to pay wages not less often than once
2 a week. Subrecipient shall place a copy of the current prevailing wage
3 determination issued by tbe Department of Labor in each solicitation and the
4 award of a contract shall be conditioned upon the acceptance of the wage
5 determination. Subrecipient shall report all suspected or reported violations
6 to City.
7 10. Approval of City of any Charae.; Use of Progra Income. City
8 reserves the right to require Subrecipient to obtain the prior written
9 approval of City of any charges or fees to be charged by Subrecipient for
10 services provided under ~bis Agreement, and of any rules and regulations
11 governing the provision of services hereunder. Program income represents
12 gross income earned by the Subrecipient from the Federally supported
13 activities. Such earnings exclude interest earned on advances and may
14 include, but will not be limited to, income from service fees, sale of
15 cODlDodities, usage and ,rental fees. These funds shall be used first for
16 eligible progrsm activities, before requests for reimbursement, or shall be
17 remitted to the City. Subrecipient shall remit all unspent progrsm income to
18 the City within thirty (30) days subsequent to the end of the progrsm year
19 (June 30, 1986). Interest earned on funds advanced under the Agreement shall
20 be paid to the City.
21 11. TellJlOrary Withholding. The Executive Director of the
22 Redevelopment Agency of the City of San Bernardino is authorized to
23 temporarily withhold the payment of funds to Subrecipient when the Executive
24 Director determines that any violation of this Agreement has occurred. Funds
25 shall be withheld until the violation is corrected to the satisfaction of the
26 Executive Director or of the Mayor and Common Council. Subrecipient shall
27 have the right to be heard by the Mayor and Common Council if Subrecipient
28 maintains no violation of the Agreement has occurred, which hearing shall be
-6-
1 held within 45 days after the funds have first been withheld, provided
2 Subrecipient requests such hearing within 15 days after such first withholding.
3 12. Records Retention. Financial records, supporting documents,
4 statistical records, and all other records pertaining to the use of the funds
5 provided under this Agreement shall be retained by Subrecipient for a period
6 of three (3) years, at a minimum, and in the event of litigation, claim or
7 audit, the records shall be retained until all litigation, claims, and audit
8 findings involving the records, have been fully resolved. Records for
9 non-expendable property acquired with federal funds provided under this
10 Agreement shall be retained for three (3) years after the final disposition of
11 such property. ."
12 13. Property Manage_nt Stauclards. Non-expendable personal property,
13 for the purposes of this Agreement, is defined as tangible personal property,
14 purchased in whole or in part with Federal funds, which has useful life of
15 more than one (1) year and an acquisition cost of three hundred dollars
16 ($300.00) or more per unit. Real property means land, including land
17 improvements, structures and appurtenances thereto, excluding movable
18 machinery and equipment. Non-expendable personal property and real property
19 purchased with or improved by funds provided under this Agreement shall be
20 subject to the property management standards specified in Attachment "N" of
21 Office of Management and Budget Circulsr No. A-l02, "Property Management
22 Standards".
23 14. Termination for Cause. City reserves the right to terminate this
24 Agreement and any and all grants and future payments under this Agreement in
25 whole or in part at any time before the date of completion of this Agreement
26 whenever City determines that the Subrecipient has failed to comply with the
27 conditions of this Agreement. In the event City seeks to terminate this
28 Agreement for cause, City shall promptly notify the Subrecipient in writing of
-7-
1 the proposed termination and the reasons therefore, together with the proposed
2 effective date. Subrecipient shall be given an opportunity to appear before
3 the Mayor and C08IIlOn Council at the time at which the Mayor and Common Council
4 are to consider such recommended termination, and shall be given a reasonable
5 opportunity to show cause why, if any exists, the Agreement should not be
6 terminated for cause. Upon determination by this Mayor and Common Council
7 that the contract should be terminated for cause, notice thereof, including
8 reasons for the determination, shall promptly be given to Subrecipient,
9 together with information as to the effective date of the termination. The
10 determination of the Mayor and Common Council as to cause shall be final.
11 15. Teraination for~ Convenience. City or Subrecipient may terminate
12 this Agreement in whole or in part provided both parties agree that the
13 continuation of the project would not produce beneficisl results commensurate
14 with further expenditure of funds. In such event, the parties shall agree
15 upon the termination conditions, including the effective date and, in the case
16 of partial terminations, the portion to be terminated. The Subrecipient shall
17 not incur new obligations for the terminated portion after the effective date
18 and shall cancel as many outstanding obligations as possible. City shall
19 allow Subrecipient full credit for the City's share of the non-cancellable
20 obligations properly incurred by the Subrecipient prior to termination.
21 16. Bold Harmless. Sub recipient agrees to indemnify and save
22 harmless the City and its employees and agents from all liabilities and
23 charges, expenses (including counsel fees), suits or losses. however
24 occurring, or damages, arising or growing out of the use of or receipt of
25 funds paid under this Agreement and all operations under this Agreement.
26 Payments under this Agreement are made with the understanding that the City is
27 not involved in the performance of services or other activities of
28 Subrecipient. Subrecipient and its employees and agents are independent
-8-
1 contractors and not employees or agents of City.
2 17. Amendment. This Agreement may be amended or modified only by
3 written agreement signed by both parties, and failure on the part of either
4 psrty to enforce any provision of this Agreement shall not be construed as a
5 waiver of the right to compel enforcement of any provision or provisions.
6 18. Aaai_nt. This Agreement shall not be assigned by Subrecipient
7 without the prior written consent of City.
8 19. Notices. All notices herein required shall be in writing and
9 delivered in person or sent by certified mail, postage prepaid, addressed as
10 follows:
11
12
13
14
15
16
,
As to City:
As to Subrecipient:
Executive Director,
Redevelopment Agency of the
City of San Bernardino
City Hall, Third Floor Rm. 320
300 North "D" Street
San Bernardino, Calif. 92418
17
18
19
20
2]
22
23
24
25
26
27
28
20. Evidence of Authority.
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 Subrecipient. that the person(s)
executing it are authorized to act on behalf of Subrecipient, snd that this
Agreement is a binding obligation on Subrecipient.
-9-
1 IN WITNESS WHEREOF. the parties hereto have executed this Agreement
5
6
7
8
9
10
11
12
13
2 on the day and year first hereinabove written.
3
4 ATTEST:
~/'I?4/g~
/ City Clerk
Approved as to legal form:
14 ~~~
15
16
June/1985
17 977L
18
19
20
21
22
23
24
25
26
27
28
-10-
'1'" ..........,
" J4..~d(Zt~
Ma or (
.
Scope of Services
The funds from this grsnt will be utilized to support CDC's on-going
community-economic development activities. In general, the funds will provide
administrative, management and technical stsffing support for COC's housing
activities. City CDgG funding will be combined with CDC resoLl"ces, County
CDBG funding and private financing for the following specific objectives:
1. Plan, Identify, and lleCure finBnclng for the development of rental housing for
low-income people in the City of San Bernardino; while seeking funds from
non-City sources for affordable housing projects, Including financing from
foundations, private lenders, insurance companies, bonding sources, and from
various govemmental agencies on the state and federal levels.
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2. Continue hauling cDl-.eIing activities for low-Income families/people, to
Include handicapped, and senior citizens of the City of San Bernardino.
3. Plan and ..:ure financing for the West Winds Wlage, a plln18d residential
development for 98 units of low-income housing, to be located near Madison
and Baseline streets in the City of San Bernsrdino.
4. Create economic development strategies to aid In promoting Westside
development sctivities, I.e. curb and eventually eliminate board-ups, address
decreasing property values, and high unemployment.
The following will give a brief description of each objective identifying tl,eir
major elements:
1. Plan, Identify, and lleCure financing for the development of rental housing for
low-income people in the City of San Bernardino:
CDC wilI continue to Identify dwelling units within the city that can be
economically rehabiIitsted and converted to low-income housing units. Plans
for acquisition, rehabilitation, and securing HLD Section 8 tenants wilI be
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pursued. FInancing will be sought from state and federal agencies, as well as
from private lenders, foundations, bond financing, insurance company loans,
and other available sources.
2. Continue Housing Counseling:
CDC will continue to provide housing cOLrlseling and referaal services.
These activities Include relocation MBiaance, forecIlIIUr'B avoidance
clUllleling, property management, forebearanee pI.., farmulation and legal
aid referral. CDBG program staff will be responsible for providing these
services to at least 40 individuals and/or families per/month or 480 people
counseled during the course of the project year.
3. Plan and ~ure financing for the West Winds VIllage Senior Citizen PRD:
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CDC stsff will continue to plan for the development of the West Winds
Village senior citizens housing project. This pl...,d relIidential development
(PRD) for the elderly and handicapped Is to be located near CDC's new office
building near Baseline and Madison In San Bernardino. The 98 units of senior
residences will also have a central recreation area and the preliminary plans
are already available. This plsnned residential development .-ds a continual
planning effort in order to become a reality. Financing options and a phased
development need to be secured for project implementation.
CDC has submitted a HUD 202 package for 48 units. Also, the ,ll,etna
Insurance Company through its Aetna Financial Division - Real Estate
Investment Department is Interested in financing a part or all of the project.
Aetna has offered attractive terms which will allow the senior citizen village
to be made self supporting and financially viable as a project. We hope to
combine Aetns and HLD 202 finsnclng In a phased program buildout.
4. Create Economic Development Strategies
CDC will continue to develop site IIpBclfic pl_ and strstegies to curb
urban blight on the Westside of San Bernardino. "lelghborhood revitalization
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strategies including project financing and implementation activities are to be
included. The main objectives w1ll be to curb the rapidly rising board-up
problem, stop decreasing property values, and curb high unemployment.
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City Ccmmunity Development
Block Grant Staffing Budget
for the
San BenB'dino WllIIt Side Ccmmunlty Developmlll1t Carporatlan (CDC)
(Budget)
WBgIl8
Fringes
Total
Senior Vice President (100%)
Presi dent (25%)
Planner (20%)
$28,540
12,000
4,470
45,010
$3,152
1,300
538
4,990
$31,692
13,300
5,008
50,000
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Ek)" he1- "6'/