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HomeMy WebLinkAbout23-Community Development cl"t: OF SAN BERNARDJ"'O - REQUe~T FOR COUNCIL AC Dept: Community Development Subject: Approval of FY 1987/1988 CDBG Agreement between City and San flernardino County Community Housing Resources Boarrl From: Kenneth .1. Heni'erson, Director Dati: June 2, 1987 Synopsis of Previous Council ection: On May 18, 1987, the Hayor anrl Common Council considered and approved certain FY 1987/1981\ CDBG eligible programs, projects and activities'- ., Recommended mot~n: ADOPT RESOLUTION > L",ll.~ Signature Contact penon: Kp.n Hpnrlp't"SonlT .;J:;.::I nirkpy Phone: 5065 Supporting data attached: Staff Report Ward: 1-7 FUNDING REQUIREMENTS: Amount: 25,000.00 Source: FY 87/88 CDBG Allocation Finance: Council Notes: 71-02U Agenda Item No .,Z~. CITC OF SAN BERNARDI~ - REQUE~ FOR COUNCIL ACryN ~ ~ ,- STAFF REPORT On May 11, 1987, the Mayor and Common Council conducted the CDBG Public Hearing and considered requests for financial assistance for the upcoming fiscal year (1987/1988). The Mayor and Common Council, subsequently, held a workshop on May 18, 1987 and awarded community development funds to certain public service, capital improvement, fair housing and economic development projects. Agreements are now required to implement said projects. The attached agreement between City and San-Bernardino County Community Housing Resources Board includes a "scope of services" and "program budget" attached to the agreement as Exhibits "A" and "B", respectively. These Exhibits are incorporated by reference as though fully set forth at length. Adoption of the resolution by the Mayor and Common Council would authorize and direct the Mayor to execute the agreement as described herein. Kenneth J. Henderson Director of Community Development KJH/lab/0307 6/2/87 15.02" c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o :) J RESOLUTION NUMBER RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPt'\ENT BLOCK Gi<f'\UT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO COUNTY COMMUNITY HOUSING RESOURCES BOARD. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of the City, an agreement for Community Development Block Grant funding with San Bernardino County Community Housing Resources Board, a copy of which agreement is annexed hereto as Exhibit "1" and is incorporated herein by reference as though fully set forth at length. The agreement provides for the granting 9f Community Development Block Grant funds in the following amount of $25,000.00. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 19B7, by the following vote, to wit: AYES: Councilpersons NAYES: ABSENT: City Clerk 6/2/87 c o o :> 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The foregoing resolution is hereby approved this day of , 1987. Mayor, City of San Bernardino Approved as to legal form and content: ~ "1-iL J City Attorney KJH/lab/0263 6/2/87 . c o o :) 1 2 3 4 5 6 7 8 9 10 11 Pd~R~~M~!:!:r THIS AGREEMENT is entered into effective as of Jcly1 , 1987, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and San Bernardino County Community Housing Resources Board, Inc. , a nonprofit community service organization, referred to as ftSub- recipient". City and Subrecipient agree as follows: 1. Recitals. (a) Sub recipient has requested financial assistance from City for fiscal year 1987/1988 from funds available through 12 a community development block grant from the United States of 13 America to City. 14 (b) Sub recipient represents that the expenditures 15 authorized by this agreement are for valid community development , 16 purposes, in accordance with federal law and regulations, and 17 that all funds granted under this agreement will be used for no 18 purpose other than those purposes specifically authorized. The 19 specific purposes and scope of services of this particular grant 20 are set forth in Exhibit "A", attached hereto and incorporated 21 into this agreement as though fully set forth herein. 22 2. Pavments. City shall reimburse Subrecipient for 23 allowable costs incurred under the scope of this agreement and 24 applicable Federal regulations, which have not been paid for or 25 reimbursed in any other manner by any other Agency or private 26 source of funding. Reimbursement will be made at least on a 27 monthly basis, with the total of all such reimbursements not to 28 exceed $ 25,000.00 - c o o J 1 3. Term. This agreement shall commence July 1, 1987 2 and terminate June 30. 198/\ . 3 4. Use of Funds: Budaet: Travel Limitation. 4 (a) The funds paid to Subrecipient shall be used by 5 it solely for the purposes set forth in Paragraph l(b) of this 6 agreement, and in accordance with the program budget submitted 7 by Subrecipient to the City of San Bernardino Community 8 Development Department, a copy of which is attached to this 9 agreement as Exhibit "B". This budget shall list all sources of 10 funding for the program covered by this agreement, whether from 1] State, Federal, local or private sources, and shall identify 12 which sources are paying for which specific portions of the ]3 program, by line-item, to the extent practicable. ]4 (b) No travel expenses for out-of-state travel shall 15 be included in this program unless specifically listed in the ]6 budget as submitted and approved, and all travel expenses to be 17 funded from funds provided hereunder shall be specifically ]8 identified as travel expense, which shall be negotiated between 19 the City of San Bernardino Community Development Department and 20 Subrecipient in the budget. Any travel expenses incurred by 21 Sub recipient above the budgeted amount or for out-of-state 22 travel shall not be eligible for reimbursement unless the prior 23 written approval of the Director of Community Development of the 24 City of San Bernardino, or designee, has been obtained. 25 (c) Funds shall be used for purposes authorized by 26 the community development block grant program only, and no 27 portion of the funds granted hereby shall be used for any 28 purpose not specifically authorized by this agreement. -2- c o o :) (d) Only net payroll shall be periodically reimbursed 1 by City as an allowable cost. Any amounts withheld by 2 Sub recipient from an employee's pay for taxes, social security, 3 or other withholding and not immediately paid over to another 4 entity, shall not be included as wages or expenses eligible for 5 reimbursement as an allowable cost until such time as the 6 withheld taxes, social security, or other withholdings are 7 actually paid over to another entity entitled to such payment. 8 Upon such payment and the submission of evidence of such payment 9 to the City of San Bernardino Community Development Department, 10 such expenses shall be regarded as an allowable cost, and the 11 City shall reimburse Subrecipient for such obligation. 12 (e) A variation in the itemization of costs, as set 13 forth in the proposed budget submitted to City, not to exceed 14 ten percent (10%) as to any particular line item, shall be 15 allowed, provided the prior written approval of the Director of 16 Community Development of the City of San Bernardino is obtained, 17 it being understood that the total amount of the grant shall not 18 be varied thereby. 19 (f) The parties intend that grant funds be utilized 20 within the time period covered by this agreement, and 21 entitlement to any funds not used shall revert to the City. No 22 reserve for the future shall be established with the funds 23 except as may be authorized to meet commitments made for 24 services provided during the period of this agreement, but not 25 yet paid for at the conclusion of this agreement. 26 5 'd" . Account1nQ: Au 1t. 27 (a) Prior to the final payment under this agreement, 28 and at such other times as may be requested by the Director of -3- . If"""-. """ 1 2 3 4 5 6 7 8 9 10 11 o C) :> Community Development of the City of San Bernardino, Sub recipient shall submit to the Director an accounting of the proposed and actual expenditures of all revenues from whatever source accruing to the organization for the fiscal year ending June 3, 1988. (b) Financial records shall be maintained by Sub recipient in accordance with generally accepted accounting principles, and in a manner which permits City to trace the expenditures of funds to source documentation. All books and records of Sub recipient are to be kept open for inspection at any time during the business day by the City, its officers or 12 agents, and by any representative of the United States of 13 America authorized to audit community development block grant 14 programs.. 15 (c) Standards for financial management systems and 16 financial reporting requirements established by Attachment "F" 17 and Attachment .~" of Office of Management and Budget Circular 18 No. A 110 shall be fully complied with by Subrecipient. 19 Sub recipient acknowledges that the funds provided are federal 20 funds. 21 (d) Subrecipient's financial management system shall 22 provide for accurate, current and complete disclosure of the 23 financial results of each program sponsored by this agreement. 24 It is the responsibility of Sub recipient to adequately safeguard 25 all assets of the program, and Sub recipient shall assure that 26 they are used solely for authorized purposes. 27 (e) In addition to the foregoing, Subrecipient shall 28 at its own expense have the City-funded portion of its program -4- . #1"""'0 '-' o I:> :) audited annually, and provide to city a copy of the audit report within sixty (60) days after receipt of the report by Subrecipient. Such audit must be performed by a Certified 3 Public Accountant or some other independent auditor approved in 1 2 4 5 advance by the City's Director of the Community Development. 6. Services Available to Residents: MonitorinQ and 6 ReoortinQ PrOQram Performance. The services of Sub recipient 7 shall be made available to residents and inhabitants of the City 8 of San Bernardino unless otherwise noted in Exhibit "A". No 9 person shall be denied service because of race, color, national 10 origin, creed, sex, martial status, or physical handicap. 11 Subrecipient shall comply with Affirmative Action guidelines in 12 its employment practices. Sub recipient shall also monitor the 13 program's activities and submit written reports quarterly, or 14 more often if requested, to the Director of Community 15 Development of the City of San Bernardino, in accordance with 16 Attachment "H", Office of Management and Budget Circular No. A 17 110. Failure to provide such quarterly performance reports may 18 prevent the processing by City of Sub recipient's requests for 19 reimbursement, and may justify temporary withholding as provided 20 for in paragraph 11 hereof. 21 22 Subrecipient shall comply with procurement procedures and 23 guidelines established by Attachment "0" to Office of Management 24 and Budget Circular No. A-l02, "Procurement Standards". In 25 addition to the specific requirements of Attachment "0" to 7. Procurement Practices: Conflict of Interest. 26 Circular No. A-I02, Sub recipient shall maintain a,code or 27 standards of conduct which shall govern the performance of its 28 officers, employees or in contracting with and expending agents -5- . c r-\ -...,,; o ....j the federal grant funds made available to Subrecipient under 1 2 this agreement. Subrecipient's officers, employees or agents 3 shall neither solicit nor accept gratuities, favors, or anything 4 of monetary value from contractors or potential contractors. To 5 the extent permissable by State law rules, and regulations, the 6 standards adopted by Subrecipient shall provide for penalties, 7 sanctions or other disciplinary actions to be applied for 8 violations of such standards by either the Subrecipient's 9 officers, employees or agents, or by contractors or their 10 agents. Subrecipient shall provide a copy of the code or 11 standards adopted to City forthwith. All procurement 12 transactions without regard to dollar value shall be conducted 13 in a manner so as to provide maximum open and free competition. 14 The Sub recipient shall be alert to organizational conflicts of 15 interest or non-competitive practices among contractors which 16 may restrict or eliminate competition or otherwise restrain 17 trade. Subrecipient agrees to adhere to conflict of interest 18 provisions set forth in 24 CFR Section 570.611 and to the 19 procurement rules specified in Office of Management and Budget 20 Circular No. A 102 Attachment "0" in its expenditure of all 21 funds received under this agreement. 22 8. Anti-Kick Back Provisions: Eaual Emplovment 23 Opportunitv. All contracts for construction or repair using 24 funds provided under this agreement shall include a provision 25 for compliance with the Copeland "Anti-Kick Back" Act (18.U.S.C. 26 874) as supplemented in Department of Labor Regulations (29 CFR, 27 Part 3). This act provides that each contractor or subgrantee 28 shall be prohibited from inducing, by any means, any person -6- . c - - o o ~,j employed in the 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 suspected or reported violations to City. All contracts in excess of $10,000.00 entered into by Subrecipient using funds provided under this agreement shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order #11246 as amended. 9. Prevailinq Waqe Requirement. Any construction contracts awarded by Subrecipient using funds provided under 10 this agreement in excess of $2,000.00 shall include a provision 11 for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a 12 7) and as supplemented by Department of Labor Regulations 13 (29CFR). Under this Act, contractors shall be required to pay 14 wages to laborers and mechanics at a rate not less than the 15 minimum wages specified in a wage determination made by the 16 Secretary of Labor. In addition, contractors shall be required 17 to pay wages not less often than once a week. Subrecipient 18 shall place a copy of the current prevailing wage determination 19 issued by the Department of Labor in each solicitation and the 20 award of a contract shall be conditioned upon the acceptance of 21 the wage determination. Subrecipient shall report all suspected 22 or reported violations to City. 23 10. Approval of Citv of any Charqes: Use of Proqram 24 Income. City reserves the right to require Subrecipient to 25 obtain the prior written approval of City of any charges or fees 26 to be charged by Subrecipient for services provided under this 27 agreement, and of any rules and regulations governing the 28 ,. f . h d P . provlslon 0 serVlces ereun er. rogram lncome represents 1 2 3 4 5 6 7 8 9 ~- . c c o ~ 1 gross income earned by the Sub recipient from the federally 2 supported activities. Such earnings exclude interest earned on 3 advances and may include, but will not be limited to, income 4 from service fees, sale of commodities, usage and rental fees. 5 These funds shall be used first for eligible program activities, 6 before requests for reimbursement, or shall be remitted to the 7 city. Subrecipient shall remit all unspent program income to 8 the City within thirty (30) days subsequent to the end of the 9 program year (June 30, 1988). Interest earned on funds advanced 10 under the agreement shall be paid to the City. 11 11. Temoorarv Withholdina. The Director of the Community 12 Development of the City of San Bernardino is authorized to 13 temporarily withhold the payment of funds to Subrecipients when 14 the Director determines that any violation of this agreement has 15 occurred. Funds shall be withheld until the violation is 16 corrected to the satisfaction of the Director. Sub recipient 17 shall have the right to appeal the decision of the Director to 18 the Mayor and Common Council. The sole grounds for such appeal 19 shall be that no violation of the agreement has occurred. 20 Subrecipient shall file such appeal within fifteen (15) days 21 after such first withholding. The Mayor and Common Council 22 shall set a date for the hearing of such appeal which is within 23 thirty (30) days following the date of filing. 24 12. Records Retention. Financial records, supporting 25 documents, statistical records, and all other records pertaining 26 to the use of the funds provided under this agreement shall be 27 retained by Subrecipient for a period of three (3) years, at a 28 minimum, and in the event of litigation, claim or audit, the -8- . c c 0 ~ records shall be retained until all litigation, claims and audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds 3 provided under this agreement shall be retained for three (3) 4 years after the final disposition of such property. 5 13. Property Manaqement standards. Non-expendable 6 personal property, for the purposes of this agreement, is 7 defined as tangible personal property, purchased in whole or in 8 part with federal funds, which has useful life of more than one 9 (1) year and an acquisition cost of three hundred dollars 10 ($300.00) or more per unit. Real property means land, including 11 land improvements, structures and appurtenances thereto, 12 excluding movable machinery and equipment. Non-expendable 13 personal property and real property purchased with or improved 14 by funds provided under this agreement shall be subject to the 15 property management standards specified in Attachment "N" of 16 Office of Management and Budget Circular No. A-l02, "Property 17 Management Standards". 18 14. Termination for Cause. City reserves the right to 19 terminate this agreement and any and all grants and future 1 2 20 payments under this agreement in whole or in part at any time 21 before the date of completion of this agreement whenever City 22 determines that the Sub recipient has failed to comply with the 23 24 25 26 27 28 conditions of this agreement. In the event City seeks to terminate this agreement for cause, City shall promptly notify the Subrecipient in writing of the proposed termination and the reasons therefore, together with the proposed effective date. Sub recipient shall be given an opportunity to appear before the Mayor and Common Council at the time at which the Mayor and '-9-' - - . c o o .:) 1 Common Council are to consider such recommended termination, and 2 shall be given a reasonable opportunity to show cause why, if 3 any exists, the agreement should not be terminated for cause. 4 Upon determination by the Mayor and Common Council that the 5 contract should be terminated for cause, notice thereof, 6 including reasons for the determination, shall promptly be 7 mailed to the Subrecipient, together with information as to the 8 effective date of the termination. Such notice may be given 9 orally at that hearing. The determination of the Mayor and 10 Common Council as to cause shall be final. 1] 15. Termination for Convenience. City or Subrecipient may 12 terminate this agreement in whole or in part provided both 13 parties agree that the continuation of the project would not 14 produce beneficial results commensurate with further expenditure 15 of funds. In such event, the parties shall agree upon the 16 termination conditions, including the effective date and, in the 17 case of partial terminations, the portion to be terminated. The 18 Sub recipient shall not incur new obligations for the terminated 19 portion after the effective date and shall cancel as many 20 outstanding obligations as possible. City shall allow 21 Subrecipient full credit for the City's share of the non 22 cancellable obligations properly incurred by the Subrecipient 23 prior to termination. 24 16. Hold Harmless. Subrecipient agrees to indemnify and 25 save harmless the City and its employees and agents from all 26 liabilities and charges, expenses (including counsel fees), 27 sui~s or losses, however occurring, or damages, arising or 28 growing out of the use of or receipt of funds paid under this -10- . c o o ~ 1 agreement and all operations under this agreement. Payments under this agreement are made with the understanding that the 2 City is not involved in the performance of services or other 3 4 activities of the Subrecipient. Subrecipient and its employees and agents are independent contractors and not employees or 5 agents of City. In the event of any termination, subrecipient 6 shall forthwith provide to the Community Development Department 7 any and all documentation needed by the Community Development 8 Department to establish a full record of all monies received by 9 subrecipient and to document the uses of same. 10 11 17. Amendment. This agreement may be amended or modified only by written agreement signed by both parties, and failure on 12 the part of either party to enforce any provision of this 13 agreement shall not be construed as a waiver of the right to 14 compel enforcement of any provision or provisions. 15 16 Subrecipient without the prior written consent of City. 17 18. Assiqnment. This agreement shall not be assigned by 19. All notices herein required shall be in Notices. 18 writing and delivered in person or sent certified mail, postage 19 prepaid, addressed as follows: 20 21 22 23 24 25 As to City: As to Subrecipient: Director Community Development Dept. City of San Bernardino City Hall, Fifth Floor 300 North "D" Street San Bernardino, Calif. 92418 San Bernardino County Community Housing Rpsources Board P.O. Box 6705 San Bernardino, CA 92412 26 20. Evidence of Authority. Subrecipient shall provide to 27 City evidence in the form of a certified copy of minutes of the 28 governing body of Subrecipient, or other adequate proof, that -11- o o o :> 1 2 3 this agreement has been approved in all its detail by the governing body of the Subrecipient, that the person(s) executing it are authorized to act on behalf of Subrecipient, and that this agreement is a binding obligation on Subrecipient. 4 5 agreement on the day and year first hereinabove written. IN WITNESS WHEREOF, the parties hereto have executed this 6 7 ATTEST: 8 9 CITY OF SAN BERNARDINO City Clerk BY: Mayor, of the City of San Bernardino 10 11 12 13 14 SUBRECIPIENT: By: President 15 16 Approved as to fo~m and legal content except for Exhibits 17 and "B" (which were not !':ubmitted for review): BY: Secretary "A" 18 19 20 21 KJHIlb 0068 22 June, 1987 City Attorney 23 24 25 26 27 28 -12- '. ". c scQ OF SERVICES o J I. Information and Educat10n Services for the general public. A. Development of. educational materials, training courses and pro- vide assistance to local agencies on the fair housing laws; publish informational and educational materials for the citizens and. potential home seekers, as well 'as members of the housing industry. B. Development and coordination of materiale .for organizations that have contact with the public: .c01lllllunity,'agencies, libraries, local governmental offices, real estate and rental agencies, schools, etc. C. Contact local organizations who have a vested interest in pro- viding housing information to the public; .coordination of train- ing workshops, and.speakers for fair'housing programs. D. Publish a newsletter of fair housing activities, and a brochure of all housing related agencies. E. Provide information and news releases.to media for public ser- vice announcements. IIi. A. Coordinate and provide assistance to the housing industry re- garding their obligations and rights under the fair housing laws. B. Develop and.provide training on fair housing laws and practices for housing-related professionals; i.e. (apartment managers, real estate professionals, property management personnel, and rental agencies). C. Encourage usage of the equal opportunity housing logo in all housing advertising. D. Assist housing industry in voluntary affirmative marketing pro- gram. E. Participation and coordination in housing' trade shows and con- ventions with fair housing materials. EXHIBIT u,\" c o o ~ III. The CHRS will also: 1. Review and make recommendations of fair housing components of local housing-related plans. 2. Make recommendations to local governments on needed and pro- posed legislation. 3. Monitor compliance by local agencies with fair housing iaws. 4. Monitor housing programs. S. Make,recollllllenaationsfor an equal housing opportunity plan for the local jurisdiction. 6. Conduct research on analysis of demographic changes, lending patterns, etc. 7. Coordinate activities.with other organizations involved in fair housing and fair housing-related activites. 8. Solicit broad-based support (financial, membership, volunteers, etc.) for fair housing activities. b-x.l-hr5 If 13 . .r v o o ~ SAN BERNARDINO COUNTY CHRB, INC. BUDGET EXPENDITURE FAIR HOUSING PROGRAM 1987-88 BUDGET LINE ITEM #: 1. PERSONNEL: A) Wages B) Fringes FICA SOl SUI Health Insurance $10,000.00 (Sub Total) 625.00 175.00 300.00 1,500.00 $12,600.00 ITEM #: 2. CONSULTANT SERVICES: A) Audit - Audit Report $ 250.00 B) Bookkeeping - monthly service William P. Smith 225 Redlands Plaza Redlands, CA 800.00 C) Clerical Assistance $7.00 P/H x 30 P/W 3,000.00 (Sub Total) $ 4,050.00 ITEM #: 3. TRAVEL: A) $.29 per mile for local travel for monitoring of rental units $ 1,500.00 ITEM #: 4. SPACE RENTAL: A) OfHice Space $ 1,200.00 $350.00 per mo. B) Telephone Basic monthly service ($50.00) 500.00 (Sub Total) $ 1,700.00 __'" _J>.--- V ITEM #: ITEM #: ITEM #: ITEM #: 5. o o :> Page 2 CONSUMABLE SUPPLIES: A) General Office Supplies pens, pads, typing paper, ribbons, correction tapes, folders, staples, clips etc. $ 1,000.00 B) Office Maintance cleaning supplies - tissue paper towels, trash bags etc. C) Postage for mailing of monthly reports, rewsletters, bulk mail permit correspondence: 500.00 (Sub Total) $ 1,500.00 6. LIABILITY INSURANCE A) Office contents and equipment $ 100.00 7. ADVERTISING - PRINTING A) Includes publishing of news~ letters, radio, T.V., bill- boards local print media for notification of fair housing services available. Education of VAMA Program with Board of Realtors. $ 3,000.00 8. TRAINING - WORKSHOPS A) Participation in training seminars and conferences to keep current with information and new legislation on Fair Housing issues and compliance requirements for housing industry groups.