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CIT ~ OF SAN BERNARDlr-., - REQUErT FOR COUNCIL ACT" )N
From: Kenneth J. Henderson,-Director
Subject:
ApPROVAL OF FY 1988/1989
CDBG AGREEMENT BETWEEN CITY
AND YOUNG WOMEN'S CHRISTIAN
ASSOCIATION (YWCA)
Dept: Community Development
Date: June 30, 1988
Synopsis of Previous Council action:
On March 7, 1988, the Mayor and Common Council adopted the FY 1988/1989
CDBG Program Mix and authorized staff to solicit CDBG funding proposals
for the 1988/1989 fiscal year.
On May 16, 1988, the Mayor and Common Council conducted the FY 1988/1989
CDBG Public Hearing for consideration of various proposals requesting
CDBG funding.
On May 16, 1988, the Mayor and Common Council considered and approved
certain FY 1988/1989 CDBG eligible programs, projects and activities.
Recommended motion:
That the disbursement of grant funds in the amount of $14,352 for
the purpose of YWCA pool building renovation is contingent upon the
execution of a waiver agreeing that the awarding of said grant is not
and will not be used to support a claim that the YWCA has a valid
lease for their property with the City of San Bernardino nor with
the Redevelopment Agency of the City of San Bernardino.
ADOPT RESOLUTION.
~~G. ~~
Contact person:
Ken Henderson
Phone:
5065
Supporting data attached:
Staff Report
Ward:
1
FUNDING REQUIREMENTS:
Amount:
$14,352.00
Source: (Acct. No.)
(Acct. Description)
FY 1988/1989 CDBG ALLOCATION
Finance: ~~
Council Notes:
75-0262
Agenda Item No. ~ - /
CI" 'f OF SAN BERNARDr "0 - REQUr -T FOR COUNCIL Acr. ON
STAFF REPORT
On May 16, 1988, the Mayor and Common Council conducted the
CDBG Public Hearing and considered requests for financial
assistance for the upcoming fiscal year (1988/1989), 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 Young Women's
Christian Association (YWCA) includes a "scope of services"
and "program budget" attached to the agreement as Exhibits "A"
and "B", respectively. These Exhibits are incorporated by
referenced as though fully set forth at length.
staff recommends adoption of the attached resolution. Adoption
of the resolution by the Mayor and Common Council would
authorize and direct the Mayor to execute the agreement as
described herein.
_w V. ~~~
Kenneth J. Henderson
Director of Community Development
KJH/lab/0996
NOTE:
At the meeting of the Ways and Means Committee held September 26,
1988, the Committee recommended approval of the FY 1988-89 CnBG
agreement with the YWCA, in the amount of $14,352. Disbursement
of these grant funds should be contingent upon the execution of
a waiver, by the YWCA, agreeing that the awarding of said grant
is not and will not be used to support a claim that the YWCA has
a valid lease for their property with the City of San Bernardino
nor with the Redevelopment Agency of the City of San Bernardino.
6-30-88
75-0264
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RESOLUTION NUMBER
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YOUNG
WOMEN'S CHRISTIAN ASSOCIATION (YWCA).
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 Young Women's Christian Association (YWCA), a copy of which
agreement is annexed hereto as Exhibit "1", and is incorporated
11 herein by reference as though fully set forth at length. The
12 agreement provides for the granting of Community Development
13 Block Grant funds in the following amount of $14,352.00.
14 I HEREBY CERTIFY that the foregoing resolution was duly
15 adopted by the Mayor and Common Council of the City of San
16 Bernardino at a
meeting thereof, held on the
17
18 wit:
day of
, 1988 by the following vote, to
AYES:
Councilpersons
NAYES:
ABSENT:
City Clerk
IIII
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING
THE EXECUTION OF A CDBr- ~GREEMENT BETWEEN ~TTY AND YOUNG WOMEN'S
CHRISTIAN ASSOCIATION ~ .CA).
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The foregoing resolution is hereby approved this ____ day of
, 1988.
Mayor, City of San Bernardino
Approved as to form
and legal content:
f"
; .
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AQB~~M~HT
THIS AGREEMENT is entered into effective as of
July 19, , 1988, at San Bernardino, California,
between the CITY OF SAN BERNARDINO, a municipal corporation,
referred to as "City", and YOUNG WOMEN'S CHRISTIAN
ASSOCIATION (YWCA) , a
nonprofit community service organization, referred to as "sub-
recipient".
City and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance
from City for fiscal year 1988/1989 from funds available through
the Community Development Block Grant Program from the United
States of America to City.
(b) Subrecipient represents that the expenditures
authorized by this agreement are for valid and eligible
community development purposes, as defined in CFR Part 570 in
accordance with Federal law and regulations, and that all funds
granted under this agreement will be used for no purpose other
than those purposes specifically authorized. The specific
purposes and scope of services of this particular grant are set
forth in Exhibit "A", attached hereto and incorporated into this
agreement as though fully set forth herein.
2. Payments. City shall reimburse Subrecipient for allow-
able costs incurred under the scope of this agreement and
applicable Federal regulations, which have not been paid for or
reimbursed in any other manner by any other Agency or private
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EXHIBIT 11111
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Community Development Block Grant Program only, and no portion
of the funds granted hereby shall be used for any purpose not
specifically authorized by this agreement.
(d) Only net payroll shall be periodically reimbursed
by City as an allowable cost. Any amounts withheld by
Subrecipient from an employee's pay for taxes, social security,
or other withholding and not immediately paid over to another
entity, shall not be included as wages or expenses eligible for
reimbursement as an allowable cost until such time as the
withheld taxes, social security, or other withholdings are
actually paid over to another entity entitled to such payment.
Upon such payment and the sUbmission of evidence of such payment
to the City of San Bernardino Community Development Department,
such expenses shall be regarded as an allowable cost, and the
City shall reimburse Subrecipient for such obligation.
(e) A variation in the itemization of costs, as set
forth in the proposed budget submitted to City, not to exceed
ten percent (10%) as to any particular line item, shall be
allowed, provided that the prior written approval of the
Director of Community Development of the City of San Bernardino
is obtained, it being understood that the total amount of the
grant shall not be varied thereby.
(f) The parties intend that grant funds be utilized
within the time period covered by this agreement, and
entitlement to any funds not expended or obligated shall revert
to the City. No reserve for the future shall be established with
the funds except as may be authorized to meet commitments made
for services provided during the period of this agreement, but
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not yet paid for at the conclusion of this-agreement.
5. Accountinq; Audit.
(a) Prior to the final payment under this agreement,
and at such other times as may be requested by the Director of
Community Development of the City of San Bernardino,
Subrecipient shall submit to the Director an accounting of the
proposed and actual expenditures of all revenues from whatever
source accruing to the organization for the fiscal year ending
June 30, 1989.
(b) Financial records shall be maintained by
Subrecipient in accordance with Generally Accepted Accounting
Principles, and in a manner which permits City to trace the
expenditures of funds to source documentation. All books and
records of Subrecipient are to be kept open for inspection at
any time during the business day by the City, its officers or
agents, and by any representative of the United states of
America authorized to audit community development block grant
programs.
(c) Standards for financial management systems and
financial reporting requirements established by Attachment "F"
and Attachment "G" of Office of Management and Budget Circular
No. A 110 shall be fully complied with by Subrecipient.
Subrecipient acknowledges that the funds provided are federal
funds.
(d) Subrecipient's financial management system shall
provide for accurate, current and complete disclosure of the
financial results of each program sponsored by this agreement.
It is the responsibility of Subrecipient to adequately safeguard
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all assets of the program, and Subrecipient shall assure that
they are used solely for authorized purposes.
(e) In addition to the foregoing, Subrecipient shall
at its own expense have the City-funded portion of its program
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
Public Accountant or some other independent auditor approved in
advance by the City's Director of the Community Development.
6. Services Available to Residents: Monitoring and Report-
ing Program Performance. The services of Subrecipient shall be
made available to residents and inhabitants of the City of San
Bernardino unless otherwise noted in Exhibit "A". No person
shall be denied service because of race, color, national origin,
creed, sex, marital status, or physical handicap. Subrecipient
shall comply with Affirmative Action guidelines in its
employment practices. Subrecipient shall also monitor the
program's activities and submit written reports quarterly, or
more often if requested, to the Director of Community
Development of the City of San Bernardino, in accordance with
Attachment "H", Office of Management and Budget Circular No. A
110. Failure to provide such quarterly performance reports may
prevent the processing by city of Subrecipient's requests for
reimbursement, and may justify temporary withholding as provided
for in Paragraph 11 hereof.
7. Procurement Practices: Conflict of Interest.
Subrecipient shall comply with procurement procedures and
guidelines established by Attachment "0" to Office of Management
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and Budget Circular No. A-102, "Procurement Standards". In
addition to the specific requirements of Attachment "0" to
Circular No. A-102, Subrecipient shall maintain a code or
standards of conduct which shall govern the performance of its
officers, employees or agents in contracting with and expending
the federal grant funds made available to Subrecipient under
this agreement. SUbrecipient's officers, employees or agents
shall neither solicit nor accept gratuities, favors, or anything
of monetary value from contractors or potential contractors. To
the extent permissable 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 or agents, or by contractors or their
agents. Subrecipient shall provide a copy of the code or
standards adopted to City forthwith. All procurement
transactions without regard to dollar value shall be conducted
in a manner so as to provide maximum open and free competition.
The Subrecipient shall be alert to organizational conflicts of
interest or non-competitive practices among contractors which
may restrict or eliminate competition or otherwise restrain
trade. Subrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR Section 570.611 and to the
procurement rules specified in Office of Management and Budget
Circular No. A 102 Attachment "0" in its expenditure of all
funds received under this agreement.
8. Anti-Kick Back Provisions; EQUal EmploYment
Opportunity. All contracts for construction or repair using
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funds provided under this agreement shall include a provision
for compliance with the Copeland "Anti-Kick Back" Act (18.U.S.C.
874) as supplemented in Department of Labor Regulations (29 CPR,
Part 3). This Act provides that each contractor or subgrantee
shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public
work, to give up any part of the compensation to which 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. Prevailing Waqe Requirement. 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 to 276a
7) and as supplemented by Department of Labor 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 addition, contractors shall be required
to pay wages not less often than once a week. Subrecipient
shall place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation and the
award of a contract shall be conditioned upon the acceptance of
the wage determination. Subrecipient shall report all suspected
or reported violations to City.
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10. Approval of city of any Charqes; Use of Proqram
Income. City reserves the right to require Subrecipient to
obtain the prior written approval of City of any charges or fees
to be charged by Subrecipient for services provided under this
agreement, and of any rules and regulations governing the
provision of services hereunder. Program income represents
gross income earned by the Subrecipient from the Federally
supported activities. Such earnings exclude interest earned on
advances and may include, but will not be limited to, income
from service fees, sale of commodities, usage and rental fees.
These funds shall be used first for eligible program activities,
before requests for reimbursement, or shall be remitted to the
city. Subrecipient shall remit all unspent program income to
the City within thirty (30) days subsequent to the end of the
program year (June 30, 1989). Interest earned on funds advanced
under the agreement shall be paid to the city.
11. Temporarv WithhOlding. The Director of the Community
Development of the City of San Bernardino is authorized to
temporarily withhold the payment of funds to Subrecipients when
the Director determines that any violation of this agreement has
occurred. Funds shall be withheld until the violation is
corrected to the satisfaction of the Director. Subrecipient
shall have the right to appeal the decision of the Director to
the Mayor and Common Council. The sole grounds for such appeal
shall be that no violation of the agreement has occurred.
Subrecipient shall file such appeal within fifteen (15) days
after such first withholding. The Mayor and Common Council
shall set a date for the hearing of such appeal which is within
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thirty (30) days following the date of filing.
12. Records Retention. Financial records, supporting
documents, statistical records, and all other records pertaining
to the use of the funds provided under this agreement shall be
retained by Subrecipient for a period of three (3) years, at a
minimum, and in the event of litigation, claim or audit, the
records shall be retained until all litigation, claims and audit
findings involving the records, have been fully resolved.
Records for non-expendable property acquired with federal funds
provided under this agreement shall be retained for three (3)
years after the final disposition of such property.
13. Property Manaqement Standards. Non-expendable personal
property, for the purposes of this agreement, is defined as
tangible personal property, purchased in whole or in part with
federal funds, which has useful life of more than one (1) year
and an acquisition cost of three hundred dollars ($300.00) or
more per unit. Real property means land, including land
improvements, structures and appurtenances thereto, excluding
movable machinery and equipment. Non-expendable personal
property and real property purchased with or improved by funds
provided under this agreement shall be subject to the property
management standards specified in Attachment "N" of Office of
Management and Budget Circular No. A-102, "Property Management
Standards".
14. Termination for Cause. City reserves the right to
terminate this agreement and any and all grants and future
payments under this agreement in whole or in part at any time
before the date of completion of this agreement whenever City
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determines that the Subrecipient has failed to comply with the
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.
Subrecipient shall be given. an opportunity to appear before the
Mayor and Common Council at the time at which the Mayor and
Common Council are to consider such recommended termination, and
shall be given a reasonable opportunity to show cause why, if
any exists, the agreement should not be terminated for cause.
Upon determination by the Mayor and Common Council that the
contract should be terminated for cause, notice thereof,
including reasons for the determination, shall promptly be
mailed to the Subrecipient, together with information as to the
effective date of the termination. Such notice may be given
orally at that hearing. The determination of the Mayor and
Common Council as to cause shall be final.
15. Termination for Convenience. City or Subrecipient may
terminate this agreement in whole or in part provided both
parties agree that the continuation of the project would not
produce beneficial results commensurate with further expenditure
of funds. In such event, the parties shall agree upon the
termination conditions, including the effective date and, in the
case of partial terminations, the portion to be terminated. The
Subrecipient shall not incur new obligations for the terminated
portion after the effective date and shall cancel as many
outstanding obligations as possible. City shall allow
Subrecipient full credit for the City's share of the non
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cancellable obligations properly incurred by the Subrecipient
prior to termination.
16. Hold Harmless. SUbrecipient agrees to indemnify, save
and hold harmless the City and its employees and agents from all
liabilities and charges, expenses (including counsel fees),
suits or losses, powever occurring, or damages, arising or
growing out of the use of or receipt of funds paid under this
agreement and all operations under this agreement. Payments
under this agreement are made with the understanding that the
City is not involved in the performance of services or other
activities of the Subrecipient. Subrecipient and its employees
and agents are independent contractors and not employees or
agents of City. In the event of any termination, subrecipient
shall forthwith provide to the Community Development Department
any and all documentation needed by the Community Development
Department to establish a full record of all monies received by
subrecipient and to document the uses of same.
17. Amendment. This agreement may be amended or modified
only by written agreement signed by both parties, and failure on
the part of either party to enforce any provision of this
agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
18. Assignment. This agreement shall not be assigned by
Subrecipient without the prior written consent of City.
19. Notices. All notices herein required shall be in
writing and delivered in person or sent certified mail, postage
prepaid, addressed as follows:
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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
Director
Young Women's Christian Assc.
567 North Sierra Way
San Bernardino, CA 92415
20. Evidence of Authority. Subrecipient shall provide to
6 City e;idence in the form of a certified copy of minutes of the
7 governing body of Subrecipient, or other adequate proof, that
8 this agreement has been approved in all its detail by the
9 governing body of the Subrecipient, that the person(s) executing
10 it are authorized to act on behalf of Subrecipient, and that
11 this agreement is a binding obligation on Subrecipient.
12 21. Entire Agreement. This agreement and any document or
13 instrument attached hereto or referred to herein integrates all
14 terms and conditions mentioned herein or incidental hereto, and
15 supersedes all negotiations and prior writing in respect to the
16 subject matter hereof. In the event of conflict between the
17 terms, conditions or provisions of this agreement, and any such
18 document or instrument, the terms and conditions of this
19 agreement shall prevail.
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IIII
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AGREEMENT BET~EEN CITY AND YOUNG WOMENJS CHRISTIAN ASSOCIATION.
1 IN WITNESS WHEREOF, the parties hereto have executed this
2 agreement on the day and year first hereinabove written.
3 ATTEST: CITY OF SAN BERNARDINO
4
5 BY:
City Clerk Mayor, of the City of
6 San Bernardino
7 SUBRECIPIENT:
8
9 By:
President
10 BY:
11 Secretary
Approved as to form
12 and legal content:
(~~
13
City Attorney
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