HomeMy WebLinkAbout04- Comunity Development D ,: VELOPMENT DEPARTMEN f
OF THE CITY OF SAN BERNARDINO
REQUEST FOR COMMISSION/COUNCIL ACTION
FROM: KENNETH J. HENDERSON SUBJECT: FY 1993/1994 COMMUNITY
Executive Director DEVELOPMENT BLOCK GRANT
(CDBG) AGREEMENTS
BETWEEN THE CITY AND
SUBRECIPIENTS
DATE: July 14, 1993
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Synopsis of Previous Commission/Council/Committee Action (s):
On March 1, 1993, the Mayor and Common Council approved and adopted the FY 1993/1994 CDBG Program
Mix and authorized staff to solicit proposals for same.
On May 10, 1993, the Mayor and Common Council took an action establishing May 24, 1993 at 3:00 p.m., as
the date and time certain of the FY 1993/1994 CDBG Public Hearing.
On May 24, 1993, the Mayor and Common Council reviewed recommendations submitted by the Community
Development Citizen Advisory Committee (CDCAC) and approved the same for CDBG funding assistance for
Fiscal Year 1993/1994.
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Recommended Motion(s):
(Mayor and Common Council
MOTION A: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND YMCA OF SAN BERNARDINO VALLEY;
(continued on next page)
Ad nistrator KENNETH J. AEAERSON
Executive Director
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Contact Person(s): Kenneth J. Henderson/Laura J_Muna-Landa Phone: 5081
Project Area(s): All Ward(s): All
Supporting Data Attached: Staff Report; Resolutions; 1 on inal of each Agreement
FUNDING REQUIREMENTS: Amount: $333,827.70 Source: FY 93/94 CDBG LOC
Budget Authority: Previously Established 5/24/1992
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Commission/Council Notes:
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KJH:LJML:nml:cdbgfund.agd COMMISSION MEETING AGENDA
MEETING DATE: 07/19/1993
Agenda Item Number:
D VELOPMENT DEPARTME
STAFF REPORT
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Recommended Motions Continued:
MOTION B: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND MEADOWBROOK AMATEUR BOXING
ACADEMY, INC.;
MOTION C: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND CAMP FIRE - SAN ANDREAS;
MOTION D: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND ROLLING START, INC.;
MOTION E: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND SAN BERNARDINO CHILD ADVOCACY
PROGRAM;
MOTION F: RESOLUTION OF THE MAYOR AND COMMON COUNCIL AND 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 LIBRERIA DEL PUEBLO;
MOTION G: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND YMCA OF SAN BERNARDINO VALLEY;
MOTION H: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND YWCA OF GREATER SAN BERNARDINO;
MOTION I: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND EASTER SEAL SOCIETY OF INLAND
COUNTIES;
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KJH:LRvM:nml:cdbgfund.agd COMMISSION MEETING AGENDA
MEETING DATE: 071 19/199
Agenda Item Number:
REQUEST FOR COMMISSY '/COUNCIL ACTION
FY 1993/1994 CDBG AGREL—ENTS BETWEEN THE
CITY AND VARIOUS ORGANIZATIONS
July 14, 1994
Page Number-2-
Recommended Motions Continued:
MOTION J: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND INLAND MEDIATION BOARD, INC.;
MOTION K: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND MEADOWBROOK AMATEUR BOXING ACADEMY;
MOTION L: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND SAN BERNARDINO BOYS AND GIRLS CLUB;
MOTION M: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND KIDS AGAINST CRIME, INC.;
MOTION N: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND LOS PADRINOS OF SOUTHERN CALIFORNIA.
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KJH:LJML:nml:cdbgfund.agd COMMISSION MEETING AGENDA
MEETING DATE: 07/19/1993
Agenda Item Number:
D E V E L O P M E N T D E P A R T M E N T
OF THE CITY OF SAN BERNARDINO
STAFF REPORT
Legal Aid Society of San Bernardino
FY 1993/1994 CDBG Agreement
On May 24, 1993, the Mayor and Common Council conducted the FY 1993/1994
CDBG Public Hearing and awarded Community Development Block Grant funds to
certain public service, capital improvement and fair housing projects.
Agreements are now required to implement said projects.
The attached Agreements are between the City and various organizations
listed as follows:
FUNDING
ORGANIZATION USE OF FUNDS AMOUNT
1. YMCA OF SAN BERNARDINO ROOM RENOVATION $ 60,000
VALLEY
2. MEADOWBROOK AMATEUR BOXING BOXING RING FOR YOUTH $ 6,319
ACADEMY, INC.
3. CAMP FIRE - SAN ANDREAS RENOVATION OF HEATING AND $ 60,000
AIR CONDITIONING SYSTEM
4. ROLLING START, INC. EMERGENCY ALERT DEVICES $ 14,200
5. SAN BERNARDINO CHILD ADVOCACY SUPPORT SERVICES FOR $ 20,000
PROGRAM ABUSED CHILDREN
6. LIBRERIA DEL PUEBLO IMMIGRATION SERVICES $ 20,000
7. YMCA OF SAN BERNARDINO YOUTH/TEEN LEADERSHIP $ 20,000
VALLEY PROGRAM
8. YWCA OF GREATER LEARN TO SWIM PROGRAM $ 16,100
SAN BERNARDINO
9. EASTER SEAL SOCIETY OF INLAND AREA HEAD INJURY $ 20,000
INLAND COUNTIES SUPPORT GROUP
10. INLAND MEDIATION BOARD, INC. , FAIR HOUSING ANALYSIS $ 22,144
FAIR HOUSING & IMPLEMENTATION
OF ANALYSIS OF IMPEDIMENTS
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KJH:LJML:rg:3210J COMMISSION MEETING AGENDA
Meeting Date: 07/19/19933
(
Agenda Item Number: T
DEVELOPMENT DEPARTMENT .,PAFF REPORT
FY 1993/1994 CDBG AGREEMENTS BETWEEN
THE CITY AND VARIOUS ORGANIZATIONS
July 13, 1993
Page Number —2-
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FUNDING
ORGANIZATION USE OF FUNDS AMOUNT
11. MEADOWBROOK AMATEUR BOXING GYM EQUIPMENT & INSTRUCTORS $ 15,064.70
ACADEMY
12. SAN BERNARDINO BOYS & GIRLS PROGRAM ADMINISTRATION $ 20,000
CLUB
13. KIDS AGAINST CRIME, INC. CRIME PREVENTION PROGRAM $ 20,000
14. LOS PADRINOS OF SOUTHERN GANG INTERVENTION PROGRAM $ 20,000
CALIFORNIA
These agreements include a "scope of services" and "program budget." Other
CDBG agreements will be brought before the Mayor and Common Council for
execution as they are returned by the various subrecipients.
Adoption of the attached resolutions by the Mayor and Common Council
authorizes and directs the Mayor and City Clerk to execute the Agreements as
described herein.
Staff recommends adoption of the attached resolutions as described in Motions
"A" throuth "N".
k1A
KENNETH J. HADERSON, Executive Director
Development Department
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KJH:LJML:rg:3210J COMMISSION MEETING AGENDA
Meeting Date: 07/19/1993
Agenda Item Number: _ (/
RESOLUTION NUMBER
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA OF
SAN BERNARDINO VALLEY
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
Section 1.
(a) 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 YMCA OF SAN BERNARDINO
VALLEY, which agreement is attached hereto as Exhibit 11111, and is
incorporated herein by referenced as though fully set forth at length.
The agreement provides for the granting of Community Development Block
Grant funds in the following amount of $60,000
Section 2.
(a) The Authorizations to execute the above referenced agreement
is rescinded if the parties to the agreement fail to execute it within
sixty (60) days of the passage of this Resolution.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
CDBG AGREEMENT BETWEEN THE CITY AND YMCA of San Bernardino Valley
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at
a meeting thereof, held on
the day of , 1993, by the following
vote, to wit:
COUNCIL MEMBERS: AYES NAYS ARLTAIff ABSENT
EDWARD V. NEGRETE
DR. F.J. CURLIN
RALPH HERNANDEZ
DAVID OBERHELMAN
VACANT
VALERIE POPE-LUDLAM
NORINE MILLER
City Clerk
The foregoing resolution is hereby approved this day
of , 1993.
Tom Minor, Mayor
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
0397e
A G R E E M E N T
THIS AGREEMENT is entered into effective as of the , at
San Bernardino, California, between the City OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and YMCA OF SAN BERNARDINO VALLEY, a
nonprofit community service organization, referred to as "Subrecipient". City
and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance from City for
fiscal year 1993/1994 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 renovating two rooms into a teen/youth center, all of
which are 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.
(c) Subrecipient will comply with applicable uniform
administrative requirements, as described in 24 CFR, Part 570.502.
(d) Subrecipient will carry out each activity, program and/or
project in compliance with all federal laws and regulations as set forth in 24
CFR, Part 570, with the following exceptions, (i) the Subrecipient
does not assume the environmental responsiblities of the Grantee as described
in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the
Grantee's responsiblities for initiating the review process under Executive
Order Number 12372.
(e) Subrecipient will comply with the requirements set forth in
the Uniform Relocation Assistance and Real Property Acquisition Policy Act of
1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal
regulations when attempting to or acquiring any building or parcel of land.
Subrecipient will be required to obtain written approval from the Executive
Director of the Development Department prior to any activity taking place
within the confines of URA 49 CFR, Part 24, as amended.
2. Payments.
City shall reimburse Subrecipient for allowable costs incurred
under the scope of this Agreement and applicable Federal regulations, which
have not been paid for or reimbursement will be made at least on a monthly
`..j basis, with the total of all such reimbursements not to exceed $60,000.
3. Term,
This Agreement shall, commence July 1, 1993, and terminate December
1, 1994.
4. Use of Funds; Budget; Travel Limitation
(a) The funds paid to Subrecipient shall be used by it solely for
the purposes set forth in Paragraph 1(b) of this Agreement, and in accordance
with the program budget submitted by Subrecipient to the City of San
Bernardino Community Development Department, a copy of which is attached to
this Agreement as Exhibit "B". This budget shall list all sources of funding
for the program covered by this Agreement, whether from State, Federal, local
or private sources, and shall identify which sources are paying for which
specific portions of the program, by line-item, to the extent practicable.
(b) No travel expenses for out-of-state travel shall be included
in this program unless specifically listed in the budget as submitted and
approved, and all travel expenses to be funded from funds provided hereunder
shall be specifically identified as travel expense, which shall be negotiated
between the City of San Bernardino Development Department and Subrecipient as
listed in the budget. Any travel expenses incurred by Subrecipient above the
budgeted amount or for out-of-state travel shall not be eligible for
reimbursement unless the prior written approval of the Executive Director of
Development Department of the City of San Bernardino, or designee, has been
obtained.
(c) Funds shall be used for purposes authorized by the Community
Development Block Grant Program only, and no portion of the funds granted
hereby shall be used for any purpose not specifically authorized by this
Agreement.
(d) Only net payroll shall be periodically reimbursed by City as
an allowable cost. Any amounts withheld by Subrecipient from an employee's
pay for taxes, social security, , or other withholdings and not actually paid
over to another entity, shall not be included as wages or expenses eligible
for reimbursement as an allowable cost until such time as the withheld taxes,
I social security, or other withholding are immediately paid over to another
entity entitled to such payment. Upon such payment and the submission of
evidence of such payment to the City of San Bernardino Development Department,
such expenses shall be regarded as an allowable cost, and the City shall
reimburse Subrecipient for such obligation.
(e) Subrecipient shall be allowed, with the prior written approval
to the budget during the first three (3) quarters of the fiscal year, so
long as Subrecipient is in compliance with Section 102" of this Agreement at
the time of submission of the budget modification request. A variation in the
itemization of costs, as set forth in the proposed budget submitted to City,
not to exceed ten percent (10%) as to any particular line item, shall be
allowed, provided that the prior written approval of the Executive Director of
the Development Department of the City of San Bernardino is obtained, it being
understood that the total amount of the grant shall not be varied thereby.
(f) The parties intend that grant funds be utilized within the
time period covered by this Agreement, and entitlement to any funds not
expended or obligated shall revert to the City. No reserve for the future
shall be established with the funds except as may be authorized to meet
commitments made for services provided during the period of this Agreement,
but not yet paid for at the conclusion of this Agreement.
(g) Subrecipient shall remain in compliance with all state,
federal and local laws prior to the receipt of any reimbursement hereunder.
This includes, but is not limited to, all laws and regulations relative to the
form of organization, local business licenses and any laws and regulations
specific to the business and activity carried out by Subrecipient.
Reimbursement shall not be made to Subrecipient which is not operating in
compliance with all applicable laws. Reimbursements may be subsequently paid,
at the direction of the Executive Director of the Development Department for
reimbursement costs incurred during the period when compliance is achieved
before expiration of this Agreement.
5. Accounting; Audit
(a) Prior to the final payment under this Agreement, and at such
other times as may be requested by the Executive Director of the Development
Department of the City of San Bernardino, Subrecipient shall submit to the
Director an accounting of the proposed and actual expenditures of all revenues
from whatever source accruing to the organization for the fiscal year ending
June 30, 1994.
(b) Financial records shall be maintained by Subrecipient in
accordance with Generally Accepted Accounting Principles, and in a manner
which permits City to trace the expenditures of funds to source
documentation. All books and records of subrecipient are to be kept open for
inspection at any time during the business day by the City, its officers or
agents, and by any representative of the United States of America authorized
to audit community development block grant programs.
(c) Standards for financial management systems and financial
reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be
fully complied with by Subrecipient. Subrecipient acknowledges that the funds
provided are federal funds.
(d) Subrecipient's financial management system shall provide for
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 all assets of the program, and Subrecipient shall
assure that they are used solely for authorized purposes.
6. Services Available to Residents; Monitors and_Rgp9rtjng
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, religion, 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
Executive Director of the Development Department of the City of San
Bernardino, in accordance with 24 CFR, Part 85.41(c)(d) and Part 85.21.
Failure to provide such quarterly performance reports may prevent the
processing by City of Subrecipient's requests for reimbursement, and may
Justify temporary withholding as provided for in Paragraph "11" hereof. City
reserves the right to waive such breach, without prejudice to any other of its
rights hereunder, upon a finding by the Executive Director of the Development
Department that such failure was due to extraordinary circumstances and that
such breach has been timely cured without prejudice to the City.
7. Procurement Practies; Conflict of Interest
Subrecipient shall comply with procurement procedures and
guidelines established by 24 CFR, Part 85.36(d)(1), Subrecipient "Procurement
Standards". In addition to the specific requirements of 24 CFR, Part 85,
Subrecipient shall maintain a code or standards of conduct which shall govern
the performance of its officers, employees or agents in contracting with and
expending the federal grant funds made available to Subrecipient under this
Agreement. Subrecipient's officers, employees or agents shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors
or potential contractors. To the extent permissible by state law, rules, and
regulations, the standards adopted by Subrecipient shall provide for
penalties, sanctions or other disciplinary actions to be applied for
violations of such standards by either the Subrecipients's officers, employees
or agents, or by contractors or their agents. Subrecipient shall provide a
COPY of the code or standards adopted to City forthwith. All procurement
transactions without regard to dollar value shall be conducted in a manner so
as to provide maximum open and free competition. The Subrecipient shall be
alert to organizational conflicts of interest or non-competitive practices
among contractors which may restrict or eliminate competition or otherwise
restrain trade. Subrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR Section 570.611 and to the procurement rules
specified in 24 CFR, Part 85.36, in its expenditure of all funds received
under this Agreement.
8. Anti-Kick Back .Provisions; Equal Employment Opportunity
All contracts for construction or repair using funds provided under
this Agreement shall include a provision for compliance with the Copeland
"Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor
Regulations (29 CFR, Part 3). This Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public work, to give up
any part of the compensation to which he/she is otherwise entitled.
Subrecipient shall report all suspected or reported violations to City. All
contracts in excess of $10,000.00 entered into by Subrecipient using funds
provided under this Agreement shall contain a provision requiring compliance
with Equal Employment Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevailing Wane 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. 276(a) to 276(a)(7)) and as
supplemented by Department of Labor Regulations (29 CFR). Under this act,
contractors shall be required to pay wages to laborers and mechanics at a rate
not less than the minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall place a copy of the
current prevailing wage determination issued by the Department of Labor in
each solicitation and the award of a contract shall be conditioned upon the
acceptance of the wage determination. Subrecipient shall report all suspected
or reported violations to City.
10. Approval of City of any Charges; Use of Program Income
(a) City hereby requires Subrecipient to notify the City in
writing, of its intent to charge a fee for any service, the provision of which
is assisted pursuant to the Agreement. City requires Subrecipient to obtain
the prior written approval of City for any charges or fees to be charged by
Subrecipient for such services, and of any rules and regulations governing the
provision of services hereunder.
(b) Program income represents gross income received by the
Subrecipient directly generated from the use of funds provided hereunder.
Such earnings include interest earned on advances and may include, but will
not be limited to, income from service fees, sale of commodities, usage and
rental fees for real or personal property using the funds provided by this
Agreement. As to such income, it shall be first applied to eligible program
activities, before requests for reimbursement and, in the use, shall be
subject to all applicable provisions of this Agreement. Income not so applied
shall be remitted to City. Subrecipient shall remit all unspent program
Income to the City within thirty (30) days subsequent to the end of the
program year (June 30, 1994).
11. Temporary Withholding
The Executive Director of the Development Department of the City of
San Bernardino is authorized to temporily withhold the payment of funds to
Subrecipient 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 Executive Director. Subrecipient shall have the right to
appeal the decision of the Executive Director to the Mayor and Common
Council. The sole grounds for such appeal shall be that no violation of the
Agreement has occurred. Subrecipient shall file such appeal within fifteen
(15) days after such first withholding. The Mayor and Common Council shall
set a date for the hearing of such appeal which is within thirty (30) days
following the date of filing.
12. Records Retention
Financial records, supporting documents, statistical records, and
all other records pertaining to the use of the funds provided under this
Agreement shall be retained by Subrecipient for a period of three (3) years,
at a minimum, and in the event of litigation, claim or audit, the records
shall be retained until all litigation, claim or audit findings involving the
records, have been fully resolved. Records for non-expendable property
acquired with federal funds provided under this Agreement shall be retained
for three (3) years after the final disposition of such property.
13. Property Management Standards
Non-expendable personal property, for the purposes of this
Agreement, is defined as tangible personal property, purchased in whole or in
part with federal funds, which has useful life of more than one (1) year and
an acquisition cost of one-thousand dollars ($1,000.00) or more per unit.
Real property means land, including land improvements, structures and
appurtenances thereto, excluding movable machinery and equipment.
Non-expendable personal property and real property purchased with or improved
by funds provided under this Agreement shall be subject to the property
management standards set forth in 24 CFR, Part 85.32.
14. Termination for Cause
(a) City reserves the right to terminate this Agreement in
accordance with 24 CFR, Part 85.43, and any and all grants and future payments
under this Agreement, in whole or in part, at any time before the date of
completion of this Agreement whenever City determines that the Subrecipient
has materially failed to comply with the terms and conditions of this
Agreement. In the event 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.
(b) In the event of any termination whether for cause or for
convenience, Subrecipient shall forthwith provide to the Development
Department any and all documentation needed by the Development Department to
establish a full record of all monies received by Subrecipient and to document
the uses of same.
15. Termination for Convenience
City or Subrecipient may terminate this Agreement in whole or in
part provided both parties agree that the continuation of the project would
not produce beneficial results commensurate with further expenditure of
funds. In such event, the parties shall agree upon the termination
conditions, including the effective date and, in the case of partial
terminations, the portion to be terminated. The Subrecipient shall not incur
new obligations for the terminated portion after the effective date and shall
cancel as many outstanding obligations as possible. City shall allow
Subrecipient full credit for the City's share of the non-cancellable
obligations properly incurred by the Subrecipient prior to termination.
16. Reversion of Assets
Subrecipient agrees that upon expiration of this Agreement, the
Subrecipient shall transfer to the City any and all CDBG funds not used at the
time of expiration and any accounts receivable attributable to the use of CDBG
funds. Subrecipient agrees that any real property under its control, which
was acquired or improved, in whole or in part, with CDBG funds in excess of
$500.00 shall either, (i) be used to meet one (1) of the three (3) national
objectives as set forth in 24 CFR, Part 570.208 until five (5) years after
expiration of the Agreement or such period of time as determined appropriate
by the City, or; (ii) is disposed of in a manner which results in the City
being reimbursed in the amount of the current fair market value of the
property less any portion thereof attributable to expenditure of, or
improvement to, the property by Subrecipient. Such reimbursement is not
required after the period of time specified in "i" above.
17. Hold Harmless.
Subrecipient agrees to indemnify,, save and hold harmless the City and the
Development Department and their employees and agents from all liabilities and
charges, expenses (including counsel fees), suits or losses, however
occurring, or damages, arising or growing out of the use of or receipt of
funds paid under this Agreement and all operations under this Agreement.
Payments under this Agreement are made with the understanding that the City
and the Development Department are not involved in the performance of services
or other activities of the Subrecipient. Subrecipient and its employees and
agents are independent contractors and not employees or agents of City and the
Development Department.
18. Amendment,
This Agreement may be amended or modified only by written agreement
signed by both parties, and failure on the part of either party to enforce any
provision of this Agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
19. Assignment,
This Agreement shall not be assigned by Subrecipient without the
prior written consent of City.
20. Notices.
All notices herein required shall be in writing and delivered in
person or sent certified mail, postage prepaid, addressed as follows:
As to City: As to Subrecipient
KENNETH J. HENDERSON YMCA OF SAN BERNARDINO VALLEY
Executive Director 216 West 6th Street
Development Department San Bernardino, CA
Economic Development Agency
201 North "E" Street, Third Floor
San Bernardino, CA 92401
21. 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 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.
22. Certification of Assurance
Subrecipient shall comply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully set
forth at length and made a part of this Agreement by execution of all
certifications and assurances of the CDBG program.
23. Entire Agreement,
This Agreement and any document or instrument attached hereto or
referred to herein integrates all terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations and prior writing in
respect to the subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and any such document or
instrument, the terms and conditions of the Agreement shall prevail.
24. No Third Party Beneficiaries
No third party shall be deemed to have any rights hereunder
against any of the parties hereto as a result of this Agreement.
NOW ///
FY 1993/1994 CDBG AGREEMENT BETWEEN CITY
AND
q IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year first hereinabove written.
ATTEST: CITY OF SAN BERNARDINO
By:
City Clerk Tom Minor, Mayor
City of San Bernardino
SUBRECIPIENT
Approved as to form and By:
legal content: President +
JAMES F. PENMAN, By: �-
t
City Attorney —' Secretary,' �
By:
LJML:0397e
Rev. 6/1993
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor
and Common Council of the City of San Bernardino Resolution No. is
a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the Mayor and Common Council of the City of San Bernardino
this day of , 1993.
City Clerk
City of San Bernardino
By:
Deputy
LJML:0397e
Attachment A
SCOPE OF SERVICES (Description of Activities)
$60,000 Grant will be utilized to:
Renovate two (2) rooms at the Downtown YMCA (216 W. 6th Street) into a
Youth/Teen Center, Games & Equipment for activites. The rooms will be
completely remodeled - .ceiling; windows, electrical , carpet, AC, painting,
etc.
PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY
Personal Services $5,000 $ 3,000 $ 8,000
Professional Services
Capital Improvements $55,000 $37,000 92,000
Totals $60,000 $40,000 $100,000
PROPOSED DATE ACTUAL DATE
PROJECT SCHEDULE OF COMPLETION OF COMPLETION
Planning Concepts July'
Design & Bhgineering August
Advertisement for Bids
Bid Open
Award of Contract
Begin Construction
50% Construction
Complete Construction
Protect ComDletion
mkc:2842J
— 1 —
CITY OF SAN BERN MINO
DBVZWPKKRT DEPARTMENT
"Certification and Assurance"
(To Accompany CDBG Agreement)
of the
(Name and Title of Official)
located at
(Name of Agency/Organization)
/l c✓ E'` sf�tf r� , /� �� �A a'��/ do hereby
(Address of Agency/Organization)
make the following certification and assurance to accompany the
Community Development Block Grant Agreement between
and the
(Name of gency/Organization)
City of San Bernardino:
a) Certify that the information booklet for CDBG Program requirements
has been read and understood, and
b) Assure that the ��� will
(Namd of Agency/Organization)
comply With all governing requirements as stipulated herewith in the
performance of the CDBG Agreement.
(Signature og'Official) (Date)
Development Department (Date)
AJH:mkc:2437J
RESOLUTION NUMBER
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
MEADOWBROOK AMATEUR BORING ACADEMY, INC.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
Section 1.
(a) 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 MEADOWBROOK AMATEUR
BOXING ACADEMY, INC. , which agreement is attached hereto as Exhibit
"11', and is incorporated herein by referenced as though fully set forth
at length. The agreement provides for the granting of Community
Development Block Grant funds in the following amount of $6,319
Section 2.
(a) The Authorizations to execute the above referenced agreement
is rescinded if the parties to the agreement fail to execute it within
sixty (60) days of the passage of this Resolution.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
CDBG AGREEMENT BETwxEN THE CITY AND Meadowbrook_Amateur Boxing Academy, Inc.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at
a meeting thereof, held on
the day of , 1993, by the following
vote, to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
EDWARD V. NEGRETE
DR. F.J. CURLIN
RALPH HERNANDEZ
DAVID OBERHELMAN
VACANT
VALERIE POPE-LUDLAM
NORINE MILLER
City Clerk
The foregoing resolution is hereby approved this day
of , 1993.
Tom Minor, Mayor
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
0397e
A G R E E N B N T
THIS AGREEMENT is entered into effective as of the , at
San Bernardino, California, between the City OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and MgADOWBR00K AMATEUR BOXING ACADEMY,
INC., a nonprofit community service organization, referred to as
"Subrecipient". City and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance from City for
fiscal year 1993/1994 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 the installation of a new boxing ring for amateur
boxing for under-privileged youths, all of which are 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.
(c) Subrecipient will comply with applicable uniform
administrative requirements, as described in 24 CFR, Part 570.502.
(d) Subrecipient will carry out each activity, program and/or
project in compliance with all federal laws and regulations as set forth in 24
CFR, Part 570, with the following exceptions, (i) the Subrecipient
does not assume the environmental responsiblities of the Grantee as described
in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the
Grantee's responsiblities for initiating the review process under Executive
Order Number 12372.
(e) Subrecipient will comply with the requirements set forth in
the Uniform Relocation Assistance and Real Property Acquisition Policy Act of
1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal
regulations when attempting to or acquiring any building or parcel of land.
Subrecipient will be required to obtain written approval from the Executive
Director of the Development Department prior to any activity taking place
within the confines of URA 49 CFR, Part 24, as amended.
2. Payments.
City shall reimburse Subrecipient for allowable costs incurred
under the scope of this Agreement and applicable Federal regulations, which
have not been paid for or reimbursement will be made at least on a monthly
basis, with the total of all such reimbursements not to exceed $6,319.
3. Tern,
This Agreement shall ,commence July 1, 1993, and terminate December
1, 1994.
4. Use of Funds; Budget; Travel Limitation
(a) The funds paid to Subrecipient shall be used by it solely for
the purposes set forth in Paragraph 1(b) of this Agreement, and in accordance
with the program budget submitted by Subrecipient to the City of San
Bernardino Community Development Department, a copy of which is attached to
this Agreement as Exhibit "B". This budget shall list all sources of funding
for the program covered by this Agreement, whether from State, Federal, local
or private sources, and shall identify which sources are paying for which
specific portions of the program, by line-item, to the extent practicable.
(b) No travel expenses for out-of-state travel shall be included
in this program unless specifically listed in the budget as submitted and -
approved, and all travel expenses to be funded from funds provided hereunder
shall be specifically identified as travel expense, which shall be negotiated
between the City of San Bernardino Development Department and Subrecipient as
listed in the budget. Any travel expenses incurred by Subrecipient above the
budgeted amount or for out-of-state travel shall not be eligible for
reimbursement unless the prior written approval of the Executive Director of
Development Department of the City of San Bernardino, or designee, has been
obtained.
(c) Finds shall be used for purposes authorized by the Community
Development Block Grant Program only, and no portion of the funds granted
hereby shall be used for any purpose not specifically authorized by this
Agreement.
(d) Only net payroll shall be periodically reimbursed by City as
an allowable cost. Any amounts withheld by Subrecipient from an employee's
pay for taxes, social security, or other withholdings and not actually paid
over to another entity, shall not be included as wages or expenses eligible
for reimbursement as an allowable cost until such time as the withheld taxes,
social security, or other withholding are immediately paid over to another
entity entitled to such payment. Upon such payment and the submission of
evidence of such payment to the City of San Bernardino Development Department,
such expenses shall be regarded as an allowable cost, and the City shall
reimburse Subrecipient for such obligation.
(e) Subrecipient shall be allowed, with the prior written approval
to the budget during the first three (3) quarters of the fiscal year, so
long as Subrecipient is in compliance with Section 992" of this Agreement at
the time of submission of the budget modification request. A variation in the
itemization of costs, as set forth in the proposed budget submitted to City,
not to exceed ten percent (10X) as to any particular line item, shall be
allowed, provided that the prior written approval of the Executive Director of
the Development Department of the City of San Bernardino is obtained, it being
understood that the total amount of the grant shall not be varied thereby.
(f) The parties intend that grant funds be utilized within the
time period covered by this Agreement, and entitlement to any funds not
expended or obligated shall revert to the City. No reserve for the future
shall be established with the funds except as may be authorized to meet
commitments made for services provided during the period of this Agreement,
but not yet paid for at the conclusion of this Agreement.
(g) Subrecipient shall remain in compliance with all state,
federal and local laws prior to the receipt of any reimbursement hereunder.
This includes, but is not limited to, all laws and regulations relative to the
form of organization, local business licenses and any laws and regulations
specific to the business and activity carried out by Subrecipient.
Reimbursement shall not be made to Subrecipient which is not operating in
compliance with all applicable laws. Reimbursements may be subsequently paid,
at the direction of the Executive Director of the Development Department for
reimbursement costs incurred during the period when compliance is achieved
before expiration of this Agreement.
S. Accounti & Audit
(a) Prior to the final payment under this Agreement, and at such
other times as may be requested by the Executive Director of the Development
Department of the City of San Bernardino, Subrecipient shall submit to the
Director an accounting of the proposed and actual expenditures of all revenues
from whatever source accruing to the organization for the fiscal year ending
June 30, 1994.
(b) Financial records shall be maintained by Subrecipient in
accordance with Generally Accepted Accounting Principles, and in a manner
which permits City to trace the expenditures of funds to source
documentation. All books and records of subrecipient are to be kept open for
inspection at any time during the business day by the City, its officers or
agents, and by any representative of the United States of America authorized
to audit community development block grant programs.
(c) Standards for financial management systems and financial
reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be
fully complied with by Subrecipient. Subrecipient acknowledges that the funds
provided are federal funds.
IL I
(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 all assets of the program, and Subrecipient shall
assure that they are used solely for authorized purposes.
6. Services Available to 8esidents• Monitori and Be orti
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, religion, 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
Executive Director of the Development Department of the City of San
Bernardino, in accordance with 24 CFR, Part 85.41(c)(d) and Part 85.21.
Failure to provide such quarterly performance reports may prevent the _
processing by City of Subrecipient's requests for reimbursement, and may
Justify temporary withholding as provided for in Paragraph "11" hereof. City
reserves the right to waive such breach, without prejudice to any other of its
rights hereunder, upon a finding by the Executive Director of the Development
Department that such failure was due to extraordinary circumstances and that
such breach has been timely cured without prejudice to the City.
7. Procurement Practies; Conflict of Interest
Subrecipient shall comply with procurement procedures and
guidelines established by 24 CFR, Part 85.36(d),(1), Subrecipient "Procurement
Standards". In addition to the specific requirements of 24 CFR, Part 85,
Subrecipient shall maintain a code or standards of conduct which shall govern
the performance of its officers, employees or agents in contracting with and
expending the federal grant funds made available to Subrecipient under this
Agreement. Subrecipient's officers, employees or agents shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors
or potential contractors. To the extent permissible by state law, rules, and
regulations, the standards adopted by Subrecipient shall provide for
penalties, sanctions or other disciplinary actions to be applied for
violations of such standards by either the Subrecipients's officers, employees
or agents, or by contractors or their agents. Subrecipient shall provide a
copy of the code or standards adopted to City forthwith. All procurement
transactions without regard to dollar value shall be conducted in a manner so
as to provide maximum open and free competition. The Subrecipient shall be
alert to organizational conflicts of interest or non-competitive practices
among contractors which may restrict or eliminate competition or otherwise
restrain trade. Subrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR Section 570.611 and to the procurement rules
specified in 24 CFR, Part 85.36, in its expenditure of all funds received -
under this Agreement.
8. Anti-Rick Back Provisions; Equal Employment Opportunity.
All contracts for construction or repair using funds provided under
this Agreement shall include a provision for compliance with the Copeland
"Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor
Regulations (29 CFR, Part 3). This Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public work, to give up
any part of the compensation to which he/she is, otherwise entitled.
Subrecipient shall report all suspected or reported violations to City. All
contracts in excess of $10,000.00 entered into by Subrecipient using funds
provided under this Agreement shall contain a provision requiring compliance
with Equal Employment Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevailing Wage 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. 276(a) to 276(a)(7)) and as
supplemented by Department of Labor Regulations (29 CFR). Under this act,
contractors shall be required to pay wages to laborers and mechanics at a rate
not less than the minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall place a copy of the
current prevailing wage determination issued by the Department of Labor in
each solicitation and the award of a contract shall be conditioned upon the
acceptance of the wage determination. Subrecipient shall report all suspected
or reported violations to City.
10. ,Approval of City of any Charges, IIse of Program Income
(a) City hereby requires Subrecipient to notify the City in
writing, of its intent to charge a fee for any service, the provision of which
is assisted pursuant to the Agreement. City requires Subrecipient to obtain
the prior written approval of City for any charges or fees to be charged by
Subrecipient for such services, and of any rules and regulations governing the
provision of services hereunder.
(b) Program income represents gross income received by the
Subrecipient directly generated from the use of funds provided hereunder.
Such earnings include interest earned on advances and may include, but will
not be limited to, income from service fees, sale of commodities, usage and
rental fees for real or personal property using the funds provided by this
Agreement. As to such income, it shall be first applied to eligible program
activities, before requests for reimbursement and, in the use, shall be
subject to all applicable provisions of this Agreement. Income not so applied
shall be remitted to City. Subrecipient shall remit all unspent program
9
income to the City within thirty (30) days subsequent to the end of the
program year (June 30, 1994).
11. Temporary Withholding
The Executive Director of the Development Department of the City of
San Bernardino is authorized to temporily withhold the payment of funds to
Subrecipient 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 Executive Director. Subrecipient shall have the right to
appeal the decision of the Executive Director to the Mayor and Common
Council. The sole grounds for such appeal shall be that no violation of the
1
Agreement has occurred. Subrecipient shall file such appeal within fifteen
(15) days after such first withholding. The Mayor and Common Council shall
set a date for the hearing of such appeal which is within thirty (30) days-
following the date of filing.
12. Records Retention
Financial records, supporting documents, statistical records, and
all other records pertaining to the use of the funds provided under this
Agreement shall be retained by Subrecipient for a period of three (3) years,
at a minimum, and in the event of litigation, claim or audit, the records
shall be retained until all litigation, claim or audit findings involving the
records, have been fully resolved. Records for non-expendable property
acquired with federal funds provided under this Agreement shall be retained
for three (3) years after the final disposition of such property.
13. Property Management Standards
Non-expendable personal property, for the purposes of this
Agreement, is defined as tangible personal property, purchased in whole or in
part with federal funds, which has useful life of more than one (1) year and
an acquisition cost of one-thousand dollars ($1,000.00) or more per unit.
Real property means land, including land improvements, structures and
appurtenances thereto, excluding movable machinery and equipment.
Non-expendable personal property and real property purchased with or improved
by funds provided under this Agreement shall be subject to the property
management standards set forth in 24 CFR, Part 85.32.
14. Termination for Cause
(a) City reserves the right to terminate this Agreement in
accordance with 24 CFR, Part 85.43, and any and all grants and future payments
under this Agreement, in whole or in part, at any time before the date of
completion of this Agreement whenever City determines that the Subrecipient
has materially failed to comply with the terms and conditions of this
Agreement. In the event 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.
(b) In the event of any termination whether for cause or for
convenience, Subrecipient shall forthwith provide to the Development
Department any and all documentation needed by the Development Department to
establish a full record of all monies received by Subrecipient and to document
the uses of same.
15. Termination for Convenience
City or Subrecipient may terminate this Agreement in whole or in
part provided both parties agree that the continuation of the project would
not produce beneficial results commensurate with further expenditure of
funds. In such event, the parties shall agree upon the termination
conditions, including the effective date and, in the case of partial
terminations, the portion to be terminated. The Subrecipient shall not incur
new obligations for the terminated portion after the effective date and shall
cancel as many outstanding obligations as possible. City shall allow
Subrecipient full credit for the City's share of the non-cancellable
obligations properly incurred by the Subrecipient prior to termination.
16. Reversion of Assets
Subrecipient agrees that upon expiration of this Agreement, the
Subrecipient shall transfer to the City any and all CDBG funds not used at the
time of expiration and any accounts receivable attributable to the use of CDBG
funds. Subrecipient agrees that any real property under its control, which
was acquired or improved, in whole or in part, with CDBG funds in excess of
$500.00 shall either, (i) be used to meet one (1) of the three (3) national
objectives as set forth in 24 CFR, Part 570.208 until five (5) years after
expiration of the Agreement or such period of time as determined appropriate
by the City, or; (ii) is disposed of in a manner which results in the City
being reimbursed in the amount of the current fair market value of the
property less any portion thereof attributable to expenditure of, or
improvement to, the property by Subrecipient. Such reimbursement is not
required after the period of time specified in "i" above.
17. Hold Harmless
Subrecipient agrees to indemnify, save and hold harmless the City and the
Development Department and their employees and agents from all liabilities and
charges, expenses (including counsel fees), suits or losses, however
occurring, or damages, arising or growing out of the use of or receipt of
funds paid under this Agreement and all operations under this Agreement.
Payments under this Agreement are made with the understanding that the City
and the Development Department are not involved in the performance of services
or other activities of the Subrecipient. Subrecipient and its employees and
agents are independent contractors and not employees or agents of City and the
Development Department.
18. Amendment,
This Agreement may be amended or modified only by written agreement
signed by both parties, and failure on the part of either party to enforce any
provision of this Agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
19. Assignment,
This Agreement shall not be assigned by Subrecipient without the
prior written consent of City.
20. Notices.
All notices herein required shall be in writing and delivered in
person or sent certified mail, postage prepaid, addressed as follows:
As to City: As to Subrecipient
KENNETH J. HENDERSON MEADOWBROOK AMATEUR BOXING
Executive Director ACADEMY, INC.
Development Department 1126 West Congress Street
Economic Development Agency San Bernardino, CA
201 North "E" Street, Third Floor
San Bernardino, CA 92401
21. 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 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.
22. Certification of Assurance
Subrecipient shall comply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully set
forth at length and made a part of this Agreement by execution of all
certifications and assurances of the CDBG program.
23. Rntire Agreement
This Agreement and any document or instrument attached hereto or
referred to herein integrates all terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations and prior writing in
respect to the subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and any such document or
instrument, the terms and conditions of the Agreement shall prevail.
24. No Third Party--Beneficiaries,
No third party shall be deemed to have any rights hereunder
against any of the parties hereto as a result of this Agreement.
FY 1993/1994 CDBG AGREEMENT BETWEEN CITY
AND
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the_
date and year first hereinabove written.
ATTEST: CITY OF SAN BERNARDINO
City Clerk By.
Tom Minor, Mayor
City of San Bernardino
SUB RECIP ENT
Approved as to form and By.
legal content: Pres dent
JAMS F. P=gAN, BY:
City Attorney Secretary
By:
L7ML:0397e
Rev. 6/1993
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor
and Common Council of the City of San Bernardino Resolution No. is
a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the Mayor and Common Council of the City of San Bernardino
this day of , 1993.
City Clerk
City of San Bernardino
By:
Deputy
LJML:0397e
Attachment A
SCOPE OF SERVICES (Description of Activities)
GY//e%�sw//"/ .ry-5tlTWCDrrS ir/EF
To �/�✓� � �'D�1�P,��'h���YS/�E�� Q�✓.9L/77r yl�`�f` ��r9�fL✓.�
B�'Xrrt�G ��DG�f�/�� Fob �,Y�" Yo�✓t� of �,YE �D��r,��Y�/`>',
�.��✓/�� aP�D�r�,r�rTY�o.� Yo�r�S �D �;�.�t� �y �.�f.9,
1�141,
PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY
Personal Services
Professional Services
Capital Improvements,
Totals
PROPOSED DATE ACTUAL DATE
PROJECT SCHEDULE OF COMPLETION OF COMPLETION
_Planninit Concepts
Desi¢n & Qineerinx
Advertisement for Bids
Bid Open A116
Award of Contract
Benin Construction /�A
50C Construction /C /(
Complete Construction A1.4
Proiect Comaletion �/�D/y,3 y/�sj`�3
mkc:2842J
CITY OF SAID BBBRAMNO
DBVHLOPPUM DBPAYTKENT
"Certification and Assurance"
(To Accompany CDBG Agreement)
� /r�c%f- of the
(Name andrTitle of Official) '
� L1
located at
(Name of Agency/ rganizatio )
�' �aYIPSS >�� �.,. s do hereby
( ddress
�Ag enc y/Oization)
make the following certification and assurance to accompany the
Community Development Block Grant Agreement between
N 4�r �i 'sad the
(Name of Agency/Organ nation)
City of San Bernardino:
a) Certify that the information booklet for CDBG Program requirements
has been read and understood, and
�tir�.
b) Assure that the �=�eof will
ation)
comply with all governing requirements as stipulated herewith in the
performance of the CDBG Agreement.
(Signature of Official) (Date)
Development Department
(Date)
AJH:mkc:2437J
RESOLUTION NUMBER
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CAMP FIRE
— SAN ANDREAS
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
Section 1.
(a) 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 CAMP FIRE — SAN ANDREAS,
which agreement is attached hereto as Exhibit "111, and is incorporated
herein by referenced as though fully set forth at length. The
agreement provides for the granting of Community Development Block
Grant funds in the following amount of $60,000
Section 2.
(a) The Authorizations to execute the above referenced agreement
is rescinded if the parties to the agreement fail to execute it within
sixty (60) days of the passage of this Resolution.
RESOLUTION OF THE CITY OF SAN BERN ARDINO AUTHORIZING THE EXECUTION OF A
CDBG AGREEMENT BETWEEN THE CITY AND _Cami) Fire - San Andreas
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at
a meeting thereof, held on
the day of , 1993, by the following
vote, to wit:
COUNCIL MEMBERS: AYES RAYS ABSTAIN ABSENT
EDWARD V. NEGRETE
DR. F.J. CURLIN
RALPH HERNANDEZ
DAVID OBERHELMAN
VACANT
VALERIE POPE-LUDLAM
NORINE MILLER
City Clerk
The foregoing resolution is hereby approved this day
of , 1993.
Tom Minor, Mayor
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
0397e
0
A G R E E M E N T
THIS AGREEMENT is entered into effective as of the June 22, 1993 , at
San Bernardino, California, between the City OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and CAMP FIRE — SAN ANDREA S, a nonprofit
community service organization, referred to as "Subrecipient". City and
Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance from City for
fiscal year 1993/1994 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 the renovation of heating and air conditioning system,
all of which are 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.
(c) Subrecipient will comply with applicable uniform
administrative requirements, as described in 24 CFR, Part 570.502.
(d) Subrecipient will carry out each activity, program and/or
project in compliance with all federal laws and regulations as set forth in 24
CFR, Part 570, with the following exceptions, (i) the Subrecipient
does not assume the environmental responsiblities of the Grantee as described
in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the
Grantee's responsiblities for initiating the review process under Executive
Order Number 12372.
(e) Subrecipient will comply with the requirements set forth in
the Uniform Relocation Assistance and Real Property Acquisition Policy Act of
1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal
regulations when attempting to or acquiring any building or parcel of land.
Subrecipient will be required to obtain written approval from the Executive
Director of the Development Department prior to any activity taking place
within the confines of URA 49 CFR, Part 24, as amended.
2. Payments.
City shall reimburse Subrecipient for allowable costs incurred
under the scope of this Agreement and applicable Federal regulations, which
have not been paid for or reimbursement will be made at least on a monthly
basis, with the total of all such reimbursements not to exceed $60,000.
3. Term,
This Agreement shall commence July 1, 1993, and terminate December
1, 1994.
4. Use of Funds: Budget; Travel Limitation
(a) The funds paid to Subrecipient shall be used by it solely for
the purposes set forth in Paragraph 1(b) of this Agreement, and in accordance
with the program budget submitted by Subrecipient to the City of San
Bernardino Community Development Department, a copy of which is attached to
this Agreement as Exhibit "B". This budget shall list all sources of funding
for the program covered by this Agreement, whether from State, Federal, local
or private sources, and shall identify which sources are paying for which
specific portions of the program, by line-item, to the extent practicable.
(b) No travel expenses for out-of-state travel shall be included
in this program unless specifically listed in the budget as submitted and -
approved, and all travel expenses to be funded from funds provided hereunder
shall be specifically identified as travel expense, which shall be negotiated
between the City of San Bernardino Development Department and Subrecipient as
listed in the budget. Any travel expenses incurred by Subrecipient above the
budgeted amount or for out-of-state travel shall not be eligible for
reimbursement unless the prior written approval of the Executive Director of
Development Department of the City of San Bernardino, or designee, has been
obtained.
(c) Funds shall be used for purposes authorized by the Community
Development Block Grant Program only, and no portion of the funds granted
hereby shall be used for any purpose not specifically authorized by this
Agreement.
(d) Only net payroll shall be periodically reimbursed by City as
an allowable cost. Any amounts withheld by Subrecipient from an employee's
pay for taxes, social security, 'or other withholdings and not actually paid
over to another entity, shall not be included as wages or expenses eligible
for reimbursement as an allowable cost until such time as the withheld taxes,
social security, or other withholding are immediately paid over to another
entity entitled to such payment. Upon such payment and the submission of
evidence of such payment to the City of San Bernardino Development Department,
such expenses shall be regarded as an allowable cost, and the City shall
reimburse Subrecipient for such obligation.
(e) Subrecipient shall be allowed, with the prior written approval
to the budget during the first three (3) quarters of the fiscal year, so
long as Subrecipient is in compliance with Section •'2" of this Agreement at
the time of submission of the budget modification request. A variation in the
itemization of costs, as set forth in the proposed budget submitted to City,
not to exceed ten percent (10X) as to any particular line item, shall be
allowed, provided that the prior written approval of the Executive Director of
the Development Department of the City of San Bernardino is obtained, it being
understood that the total amount of the grant shall not be varied thereby.
(f) The parties intend that grant funds be utilized within the
time period covered by this Agreement, and entitlement to any funds not
expended or obligated shall revert to the City. No reserve for the future
shall be established with the funds except as may be authorized to meet
commitments made for services provided during the period of this Agreement,
but not yet paid for at the conclusion of this Agreement.
(g) Subrecipient shall remain in compliance with all state,
federal and local laws prior to the receipt of any reimbursement hereunder.
This includes, but is not limited to, all laws and regulations relative to the
form of organization, local business licenses and any laws and regulations
specific to the business and activity carried out by Subrecipient.
Reimbursement shall not be made to Subrecipient which is not operating in
compliance with all applicable laws. Reimbursements may be subsequently paid,
at the direction of the Executive Director of the Development Department for
reimbursement costs incurred during the period when compliance is achieved
before expiration of this Agreement.
S. Accounting; Audit
(a) Prior to the final payment under this Agreement, and at such
other times as may be requested by the Executive Director of the Development
Department of the City of San Bernardino, Subrecipient shall submit to the
Director an accounting of the proposed and actual expenditures of all revenues
from whatever source accruing to the organization for the fiscal year ending
June 30, 1994.
(b) Financial records shall be maintained by Subrecipient in
accordance with Generally Accepted Accounting Principles, and in a manner
which permits City to trace the expenditures of funds to source
documentation. All books and records of subrecipient are to be kept open for
Inspection at any time during the business day by the City, its officers or
agents, and by any representative of the United States of America authorized
to audit community development block grant programs.
(c) Standards for financial management systems and financial
reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be
fully complied with by Subrecipient. Subrecipient acknowledges that the funds
provided are federal funds.
(d) Subrecipient's financial management system shall provide for
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 all assets of the program, and Subrecipient shall
assure that they are used solely for authorized purposes.
6. Services Available to Residents; Monitori and Be rtinp-
Program m 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, religion, 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
Executive Director of the Development Department of the City of San
Bernardino, in accordance with 24 CFR, Part 85.41(c)(d) and Part 85.21.
Failure to provide such quarterly performance reports may prevent the _
processing by City of Subrecipient's requests for reimbursement, and may
Justify temporary withholding as provided for in Paragraph "11" hereof. City
reserves the right to waive such breach, without prejudice to any other of its
rights hereunder, upon a finding by the Executive Director of the Development
Department that such failure was due to extraordinary circumstances and that
such breach has been timely cured without prejudice to the City.
7. Procurement Practies• Conflict of Interest
Subrecipient shall comply with procurement procedures and
guidelines established by 24 CFR, Part 85.36(d)(1), Subrecipient "Procurement
Standards". In addition to the specific requirements of 24 CFR, Part 85,
Subrecipient shall maintain a code or standards of conduct which shall govern
the performance of its officers, employees or agents in contracting with and
expending the federal grant funds made available to Subrecipient under this
Agreement. Subrecipient's officers, employees or agents shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors
or potential contractors. To the extent permissible by state law, rules, and
regulations, the standards adopted by Subrecipient shall provide for
penalties, sanctions or other disciplinary actions to be applied for
violations of such standards by either the Subrecipients's officers, employees
or agents, or by contractors or their agents. Subrecipient shall provide a
copy of the code or standards adopted to City forthwith. All procurement
transactions without regard to dollar value shall be conducted in a manner so
as to provide maximum open and free competition. The Subrecipient shall be
alert to organizational conflicts of interest or non-competitive practices
among contractors which may restrict or eliminate competition or otherwise
restrain trade. Subrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR Section 570.611 and to the procurement rules
specified in 24 CFR, Part 85.36, in its expenditure of all funds received -
under this Agreement.
8. Anti-Kick Back Provisions; Equal Employment ODDOrttmity
All contracts for construction or repair using funds provided under
this Agreement shall include a provision for compliance with the Copeland
"Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor
Regulations (29 CFR, Part 3). This Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public work, to give up
any part of the compensation to which he/she is otherwise entitled.
Subrecipient shall report all suspected or reported violations to City. All
contracts in excess of $10,000.00 entered into by Subrecipient using funds
provided under this Agreement shall contain a provision requiring compliance
with Equal Employment Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevailin? Wage 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. 276(a) to 276(a)(7)) and as
supplemented by Department of Labor Regulations (29 CFR). Under this act,
contractors shall be required to pay wages to laborers and mechanics at a rate
not less than the minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall place a copy of the
current prevailing wage determination issued by the Department of Labor in
each solicitation and the award of a contract shall be conditioned upon the
acceptance of the wage determination. Subrecipient shall report all suspected
or reported violations to City.
10. Approval of City of any Charges; Use of Program Income
(a) City hereby requires Subrecipient to notify the City in
writing, of its intent to charge a fee for any service, the provision of which
is assisted pursuant to the Agreement. City requires Subrecipient to obtain
the prior written approval of City for any charges or fees to be charged by
Subrecipient for such services, and of any rules and regulations governing the
provision of services hereunder.
(b) Program income represents gross income received by the
Subrecipient directly generated from the use of funds provided hereunder.
Such earnings include interest earned on advances and may include, but will
not be limited to, income from service fees, sale of commodities, usage and
rental fees for real or personal property using the funds provided by this
Agreement. As to such income, it shall be first applied to eligible program
activities, before requests for reimbursement and, in the use, shall be
subject to all applicable provisions of this Agreement. Income not so applied
shall be remitted to City. Subrecipient shall remit all unspent program
income to the City within thirty (30) days subsequent to the end of the
program year (June 30, 1994).
11. Temporary Withholding
The Executive Director of the Development Department of the City of
San Bernardino is authorized to temporily withhold the payment of funds to
Subrecipient 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 Executive Director. Subrecipient shall have the right to
appeal the decision of the Executive Director to the Mayor and Common
Council. The sole grounds for such appeal shall be that no violation of the
Agreement has occurred. Subrecipient shall file such appeal within fifteen
(15) days after such first withholding. The Mayor and Common Council shall
set a date for the hearing of such appeal which is within thirty (30) days-
following the date of filing.
12. Records Retention
Financial records, supporting documents, statistical records, and
all other records pertaining to the use of the funds provided under this
Agreement shall be retained by Subrecipient for a period of three (3) years,
at a minimum, and in the event of litigation, claim or audit, the records
shall be retained until all litigation, claim or audit findings involving the
records, have been fully resolved. Records for non-expendable property
acquired with federal funds provided under this, Agreement shall be retained
for three (3) years after the final disposition of such property.
13. Property Management Standards
Non-expendable personal property, for the purposes of this
Agreement, is defined as tangible personal property, purchased in whole or in
part with federal funds, which has useful life of more than one (1) year and
an acquisition cost of one-thougand dollars ($1,000.00) or more per unit.
Real property means land, including land improvements, structures and
appurtenances thereto, excluding movable machinery and equipment.
Non-expendable personal property and real property purchased with or improved
by funds provided under this Agreement shall be subject to the property
management standards set forth in 24 CFR, Part 85.32.
14. Termination for Cause
(a) City reserves the right to terminate this Agreement in
accordance with 24 CFR, Part 85.43, and any and all grants and future payments
under this Agreement, in whole or in part, at any time before the date of
completion of this Agreement whenever City determines that the Subrecipient
has materially failed to comply with the terms and conditions of this
Agreement. In the event 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.
(b) In the event of any termination whether for cause or for
convenience, Subrecipient shall forthwith provide to the Development
Department any and all documentation needed by the Development Department to
establish a full record of all monies received by Subrecipient and to document
the uses of same.
15. Termination for Convenience
City or Subrecipient may terminate this Agreement in whole or in
part provided both parties agree that the continuation of the project would
not produce beneficial results commensurate with further expenditure of
funds. In such event, the parties shall agree upon the termination
conditions, including the effective date and, in the case of partial
terminations, the portion to be terminated. The Subrecipient shall not incur
new obligations for the terminated portion after the effective date and shall
cancel as many outstanding obligations as possible. City shall allow
Subrecipient full credit for the City's share of the non-cancellable
obligations properly incurred by the Subrecipient prior to termination.
16. Reversion of Assets
Subrecipient agrees that upon expiration of this Agreement, the
Subrecipient shall transfer to the City any and all CDBG funds not used at the
time of expiration and any accounts receivable attributable to the use of CDBG
funds. Subrecipient agrees that any real property under its control, which
was acquired or improved, in whole or in part, with CDBG funds in excess of
$500.00 shall either, (i) be used to meet one (1) of the three (3) national
objectives as set forth in 24 CFR, Part 570.208 until five (5) years after
expiration of the Agreement or such period of time as determined appropriate
by the City, or; (ii) is disposed of in a manner which results in the City
being reimbursed in the amount of the current fair market value of the
property less any portion thereof attributable to expenditure of, or
improvement to, the property by Subrecipient. Such reimbursement is not
required after the period of time specified in "i" above.
17. Hold Harmless
Subrecipient agrees to indemnify, save and hold harmless the City and the
Development Department and their employees and agents from all liabilities and
charges, expenses (including counsel fees), suits or losses, however
occurring, or damages, arising or growing out of the use of or receipt of
funds paid under this Agreement and all operations under this Agreement.
Payments under this Agreement are made with the understanding that the City
and the Development Department are not involved in the performance of services
or other activities of the Subrecipient. Subrecipient and its employees and
agents are independent contractors and not employees or agents of City and the
� .
low-
Development Department.
18. Amendment,
This Agreement may be amended or modified only by written agreement
signed by both parties, and failure on the part of either party to enforce any
provision of this Agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
19. Assignment.
This Agreement shall not be assigned by Subrecipient without the
prior written consent of City.
20. Notices.
All notices herein required shall be in writing and delivered in
person or sent certified mail, postage prepaid, addressed as follows:
As to City: As to Subrecipient
KENNETH J. HENDERSON CAMP FIRE — SAN ANDREAS
Executive Director 536 W. Eleventh Street,
Development Department Suite A
Economic Development Agency San Bernardino, CA
201 North "E" Street, Third Floor
San Bernardino, CA 92401
21. 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 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.
22. Certification of Assurance
Subrecipient shall comply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully set
forth at length and made a part of this Agreement by execution of all
certifications and assurances of the CDBG program.
23. Entire Agreement
This Agreement and any document or instrument attached hereto or
referred to herein integrates all terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations and prior writing in
respect to the subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and any such document or
instrument, the terms and conditions of the Agreement shall prevail.
24. No Third Party Beneficiaries.
No third party shall be deemed to have any rights hereunder
against any of the parties hereto as a result o,f this Agreement.
FY 1993/1994 CDBG AGREEMENT BETWEEN CITY
AND
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the-
date and year first hereinabove written.
ATTEST: CITY OF SAN BERNARDINO
City Clerk By.
Tom Minor, Mayor
City of San Bernardino
SUBRECIPIENT
Approved as to form and BY:
legal content: Presid t
JAMES F. PENM", BY: -
City Attorney Secretary
By:
LJML,:0397e
Rev. 6/1993
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor
and Common Council of the City of San Bernardino Resolution No. is
a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the Mayor and Common Council of the City of San Bernardino
this day of , 1993.
City Clerk
City of San Bernardino
By.
Deputy
LJML:0397e
Attachment A
SCOPE OF SERVICES (Description of Activities)
Renovation of heating and air conditioning system on building
located at 536 West Eleventh Street, San Bernardino, CA to provide
cost effective units which will maintain a uniform indoor condition
to meet the environmentally sensitive needs of the handicapped and
frail elderly.
PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY
Personal' Services 0 0 0
ery es 0 0 0
Professional S it
Capita- vements 60 000 0 $ 60 . 000
Imrro $
Totals
$ 60,000
$ 60.000
I
PROJECT SCHEDULE ROPOSED DATE ACTUAL DATE
ULE OF COMPLETION OF COMPLETION
N/A
loaning Concerts
N/A
Design � Qineerinst
en
Advertigen, t for Bids July 10, 1993
Bid Oren August 10, 1993
Award of Contract August 15, 1993
Bestin Const ctio August 20, 1993
50% Construction August 31, 1993
Com lete Construct on September 15, 1993
ect o et on September 30, 1993
o
akc:2842J
CITY OF SAN BBBNARDINO
DEVKWPKKNT DEPARTMENT
"Certification and Assurance"
(To Accompany CDBG Agreement)
I, Jean Bourbeau, Executive Director
of the
(Name and Title of Official)
Camp Fire - San Andreas Council
located at
(Name of Agency/Organization)
536 W. 11th Street, #A, San Bernardino, CA
do hereby
(Address of Agency/Organization)
make the following certification and assurance to accompany the
Community Development Block Grant Agreement between
Camp Fire - San Andreas Council and the
(Name of Agency/Organization)
City of San Bernardino:
a) Certify that the information booklet for CDBG Program requirements
has been read and understood, and
b) Assure that the Camp Fire - San Andreas Council will
(Name of Agency/Organization)
comply with all governing requirements as stipulated herewith in the
performance of the CDBG Agreement.
June 22, 1993
(Signature of Official) (Date)
Development Department (Date)
AJH:mkc:2437J
RESOLUTION NUMBER
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERN ARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERN ARDINO AND ROLLING
START, INC.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
Section 1.
(a) 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 ROLLING START, INC.,
which agreement is attached hereto as Exhibit 11111, and is incorporated
herein by referenced as though fully set forth at length. The
agreement provides for the granting of Community Development Block
Grant funds in the following amount of $14,200
Section 2.
(a) The Authorizations to execute the above referenced agreement
is rescinded if the parties to the agreement fail to execute it within
sixty (60) days of the passage of this Resolution.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
CDBG AGREEMENT BETWEEN THE CITY AND Rolling Start Inc
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at
a meeting thereof, held on
the day of , 1993, by the following
vote, to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIP ASSERT
EDWARD V. NEGRETE
DR. F.J. CURLIN
RALPH HERNANDEZ
DAVID OBERHELMAN
VACANT
VALERIE POPE-LUDLAM
NORINE MILLER
T
City Clerk
The foregoing resolution is hereby approved this day
of , 1993.
Tom Minor, Mayor
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
0397e
A G R E E M E N T
THIS AGREEMENT is entered into effective as of the
at
San Bernardino, California, between the City OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and ROLLING START, INC., a nonprofit
community service organization, referred to
as Subreci ie
nt
P City and
Subrecipient agree as follows:
1. Recitals
(a) Subrecipient has requested financial assistance from City for
fiscal year 1993/1994 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 emergency alert devices and portable triggers for the
elderly and homebound ill, all of which are 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.
(c) Subrecipient will comply with applicable uniform
administrative requirements, as described in 24 CFR, Part 570.502.
(d) Subrecipient will carry out each activity, program and/or
project in compliance with all federal laws and regulations as set forth in 24
CFR, Part 570, with the following exceptions, (i) the Subrecipient
does not assume the environmental responsiblities of the Grantee as described
in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the
Grantee's responsiblities for initiating the review process under Executive
Order Number 12372.
(e) Subrecipient will comply with the requirements set forth in
the Uniform Relocation Assistance and Real Property Acquisition Policy Act of
1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal
regulations when attempting to or acquiring any building or parcel of land.
Subrecipient will be required to obtain written approval from the Executive
Director of the Development Department prior to any activity taking place
within the confines of URA 49 CFR, Part 24, as amended.
2. Payments.
City shall reimburse Subrecipient for allowable costs incurred
under the scope of this Agreement and applicable Federal regulations, which
have not been paid for or reimbursement will be made at least on a monthly
basis, with the total of all such reimbursements not to exceed $14,200.
3. Term,
This Agreement shall commence July 1, 1993, and terminate Beee c �C�
1994.
4. Use of 1Nmds• Budget; Travel Limitation
(a) The funds paid to Subrecipient shall be used by it solely for
the purposes set forth in Paragraph 1(b) of this Agreement, and in accordance
with the program budget submitted by Subrecipient to the City of San
Bernardino Community Development Department, a copy of which is attached to
this Agreement as Exhibit "B". This budget shall list all sources of funding
for the program covered by this Agreement, whether from State, Federal, local
or private sources, and shall identify which sources are paying for which
specific portions of the program, by line-item, to the extent practicable.
(b) No travel expenses for out-of-state travel shall be included
in this program unless specifically listed in the budget as submitted and -
approved, and all travel expenses to be funded from funds provided hereunder
shall be specifically identified as travel expense, which shall be negotiated
between the City of San Bernardino Development Department and Subrecipient as
listed in the budget. Any travel expenses incurred by Subrecipient above the
budgeted amount or for out-of-state travel shall not be eligible for
reimbursement unless the prior written approval of the Executive Director of
Development Department of the City of San Bernardino, or designee, has been
obtained.
(c) Funds shall be used for purposes authorized by the Community
Development Block Grant Program only, and no portion of the funds granted
hereby shall be used for any purpose not specifically authorized by this
Agreement.
(d) Only net payroll shall be periodically reimbursed by City as
an allowable cost. Any amounts withheld by Subrecipient from an employee's
pay for taxes, social security, or other withholdings and not actually paid
over to another entity, shall not be included as wages or expenses eligible
for reimbursement as an allowable cost until such time as the withheld taxes,
social security, or other withholding are immediately paid over to another
entity entitled to such payment. Upon such payment and the submission of
evidence of such payment to the City of San Bernardino Development Department,
such expenses shall be regarded as an allowable cost, and the City shall
reimburse Subrecipient for such obligation.
(e) Subrecipient shall be allowed, with the prior written approval
to the budget during the first three (3) quarters of the fiscal year, so
long as Subrecipient is in compliance with Section •1291 of this Agreement at
the time of submission of the budget modification request. A variation in the
itemization of costs, as set forth in the proposed budget submitted to City,
not to exceed ten percent (10X) as to any particular line item, shall be
allowed, provided that the prior written approval of the Executive Director of
the Development Department of the City of San Bernardino is obtained, it being
understood that the total amount of the grant shall not be varied thereby.
(f) The parties intend that grant funds be utilized within the
time period covered by this Agreement, and entitlement to any funds not
expended or obligated shall revert to the City. No reserve for the future
shall be established with the funds except as may be authorized to meet
commitments made for services provided during the period of this Agreement,
but not yet paid for at the conclusion of this Agreement.
(g) Subrecipient shall remain in compliance with all state,
federal and local laws prior to the receipt of any reimbursement hereunder.
This includes, but is not limited to, all laws and
regulations relative to the
form of organization, local business licenses and any laws and regulations
specific to the business and activity carried out by Subrecipient.
Reimbursement shall not be made to Subrecipient which is not operating in
compliance with all applicable laws. Reimbursements may be subsequently paid,
at the direction of the Executive Director of the Development Department for
reimbursement costs incurred during the period when compliance is achieved
before expiration of this Agreement.
S. Accounting; Audit
(a) Prior to the final payment under this Agreement, and at such
other times as may be requested by the Executive Director of the Development
Department of the City of San Bernardino, Subrecipient shall submit to the
Director an accounting of the proposed and actual expenditures of all revenues
from whatever source accruing to the organization for the fiscal year ending
June 30, 1994.
(b) Financial records shall be maintained by Subrecipient in
accordance with Generally Accepted Accounting Principles, and in a manner
which permits City to trace the expenditures of funds to source
documentation. All books and records of subrecipient are to be kept open for
inspection at any time during the business day by the City, its officers or
agents, and by any representative of the United States of America authorized
to audit community development block grant programs.
(c) Standards for financial management systems and financial
reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be
fully complied with by Subrecipient. Subrecipient acknowledges that the funds
provided are federal funds.
(d) Subrecipient's financial management system shall provide for
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 all assets of the program, and Subrecipient shall
assure that they are used solely for authorized purposes.
6. Services Available to Residents• Monitoring and Reporting
Program Performances
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, religion, 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
Executive Director of the Development Department of the City of San
Bernardino, in accordance with 24 CFF, Part 85.41(c)(d) and Part 85.21.
Failure to provide such quarterly performance reports may prevent the _
processing by City of Subrecipient's requests for reimbursement, and may
Justify temporary withholding as provided for in Paragraph "11" hereof. City
reserves the right to waive such breach, without prejudice to any other of its
rights hereunder, upon a finding by the Executive Director of the Development
Department that such failure was due to extraordinary circumstances and that
such breach has been timely cured without prejudice to the City.
7. Procurement Practies; Conflict of Interest
Subrecipient shall comply with procurement procedures and
guidelines established by 24 CFx, Part 85.36(d)(1), Subrecipient "Procurement
Standards". In addition to the specific requirements of 24 CFx, Part 85,
Subrecipient shall maintain a code or standards of conduct which shall govern
the performance of its officers, employees or agents in contracting with and
expending the federal grant funds made available to Subrecipient under this
Agreement. Subrecipient's officers, employees or agents shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors
or potential contractors. To the extent permissible by state law, rules, and
regulations, the standards adopted by Subrecipient shall provide for
penalties, sanctions or other disciplinary actions to be applied for
violations of such standards by either the Subrecipients's officers, employees
or agents, or by contractors or their agents. Subrecipient shall provide a
copy of the code or standards adopted to City forthwith. All procurement
transactions without regard to dollar value shall be conducted in a manner so
as to provide maximum open and free competition. The Subrecipient shall be
alert to organizational conflicts of interest or non-competitive practices
among contractors which may restrict or eliminate competition or otherwise
restrain trade. Subrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR Section 570.611 and to the procurement rules
specified in 24 CFR, Part 85.36, in its expenditure of all funds received -
under this Agreement.
S. Anti Tick Back Provisions; Eaual Emplovment Ovnortnnity
All contracts for construction or repair using funds provided under
this Agreement shall include a provision for compliance with the Copeland
"Anti-Rick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor
Regulations (29 CFR, Part 3). This Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public work, to give up
any part of the compensation to which he/she is otherwise entitled.
Subrecipient shall report all suspected or reported violations to City. All
contracts in excess of $10,000.00 entered into by Subrecipient using funds
provided under this Agreement shall contain a provision requiring compliance
with Equal Employment Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevailinx wane Reauiresient.
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. 276(a) to 276(a)(7)) and as
supplemented by Department of Labor Regulations (29 CFR). Under this act,
contractors shall be required to pay wages to laborers and mechanics at a rate
not less than the minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall place a copy of the
current prevailing wage determination issued by the Department of Labor in
each solicitation and the award of a contract shall be conditioned upon the
acceptance of the wage determination. Subrecipient shall report all suspected
or reported violations to City.
10. Aporoval of City of ano Charges, Use of Program In ome
(a) City hereby requires Subrecipient to notify the City in
writing, of its intent to charge a fee for any service, the provision of which
is assisted pursuant to the Agreement. City requires Subrecipient to obtain
the prior written approval of City for any charges or fees to be charged by
Subrecipient for such services, and of any rules and regulations governing the
provision of services hereunder.
(b) Program income represents gross income received by the
Subrecipient directly generated from the use of funds provided hereunder.
Such earnings include interest earned on advances and may include, but will
not be limited to, income from service fees, sale of commodities, usage and
rental fees for real or personal property using the funds provided by this
Agreement. As to such income, it shall be first applied to eligible program
activities, before requests for reimbursement and, in the use, shall be
subject to all applicable provisions of this Agreement. Income not so applied
shall be remitted to City. Subrecipient shall remit all unspent program
income to the City within thirty (30) days subsequent to the end of the
program year (June 30, 1994).
11. TemDorary Withholding
The Executive Director of the Development Department of the City of
San Bernardino is authorized to temporily withhold the payment of funds to
Subrecipient 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 Executive Director. Subrecipient shall have the right to
appeal the decision of the Executive Director to the Mayor and Common
Council. The sole grounds for such appeal shall be that no violation of the
Agreement has occurred. Subrecipient shall file such appeal within fifteen
(15) days after such first withholding. The Mayor and Common Council shall
set a date for the hearing of such appeal which is within thirty (30) days-
following the date of filing.
12. Records Retention
Financial records, supporting documents, statistical records, and
all other records pertaining to the use of the funds provided under this
Agreement shall be retained by Subrecipient for a period of three (3) years,
at a minimum, and in the event of litigation, claim or audit, the records
shall be retained until all litigation, claim or audit findings involving the
records, have been fully resolved. Records for non-expendable property
acquired with federal funds provided under this Agreement shall be retained
for three (3) years after the final disposition of such property.
13. Prooerty t�naaement Standards
Non-expendable personal property, for the purposes of this
Agreement, is defined as tangible personal property, purchased in whole or in
part with federal funds, which has useful life of more than one (1) year and
an acquisition cost of one-thousand dollars ($1,000.00) or more per unit.
Real property means land, including land improvements, structures and
appurtenances thereto, excluding movable machinery and equipment.
Non-expendable personal property and real property purchased with or improved
by funds provided under this Agreement shall be subject to the property
management standards set forth in 24 CFR, Part 85.32.
14. Termination for Cause
(a) City reserves the right to terminate this Agreement in
accordance with 24 CFR, Part 85.43, and any and all grants and future payments
under this Agreement, in whole or in part, at any time before the date of
completion of this Agreement whenever City determines that the Subrecipient
has materially failed to comply with the terms and conditions of this
Agreement. In the event 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.
(b) In the event of any termination whether for cause or for
convenience, Subrecipient shall forthwith provide to the Development
Department any and all documentation needed by the Development Department to
establish a full record of all monies received by Subrecipient and to document
the uses of same.
15. Sermination 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-cancellable
obligations properly incurred by the Subrecipient prior to termination.
16. Reversion of Assets,
Subrecipient agrees that upon expiration of this Agreement, the
Subrecipient shall transfer to the City any and all CDBG funds not used at the
time of expiration and any accounts receivable attributable to the use of CDBG
funds. Subrecipient agrees that any real property under its control, which
was acquired or improved, in whole or in part, with CDBG funds in excess of
$500.00 shall either, (i) be used to meet one (1) of the three (3) national
objectives as set forth in 24 CFR, Part 570.208 until five (5) years after
expiration of the Agreement or such period of time as determined appropriate
by the City, or; (ii) is disposed of in a manner which results in the City
being reimbursed in the amount of the current fair market value of the
property less any portion thereof attributable to expenditure of, or
improvement to, the property by Subrecipient. Such reimbursement is not
required after the period of time specified in "I" above.
17. Hold Ha less
Subrecipient agrees to indemnify, save and hold harmless the City and the
Development Department and their employees and agents from all liabilities and
charges, expenses (including counsel fees), suits or losses
however
occurring, or damages, arising or growing out of the use of or receipt of
funds paid under this Agreement and all operations under this Agreement.
Payments under this Agreement are made with the understanding that the City
e and the Development Department are not involved in the performance of services
or other activities of the Subrecipient. Subrecipient and its employees and
agents are independent contractors and not employees or agents of City and the
Development Department.
18. Amendment,
This Agreement may be amended or modified only by written agreement
signed by both parties, and failure on the part of either party to enforce any
provision of this Agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
19. Assignment
This Agreement shall not be assigned by Subrecipient without the
prior written consent of City.
20. ffqtLces
All notices herein required shall be in writing and delivered in
person or sent certified mail, postage prepaid, addressed as follows:
As to City: As to Subrecipient
KENNETH J. HENDERSON ROLLING START, INC.
Executive Director 536 West 11th Street
Development Department San Bernardino,CA
Economic Development Agency
201 North "E" Street, Third Floor
San Bernardino, CA 92401
21. 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 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.
22. Certification of Assurance
Subrecipient shall comply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully set
forth at length and made a part of this Agreement by execution of all
certifications and assurances of the CDBG program.
23. entire �reement
This Agreement and any document or instrument attached hereto or
referred to herein integrates all terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations and prior writing in
respect to the subject matter hereof. In the event of conflict between the
terns, conditions or provisions of this Agreement, and any such document or
Instrument, the terms and conditions of the Agreement shall prevail.
24. No Third Party Ben fJrjA ..
No third party shall be deemed to have any rights hereunder
against any of the parties hereto as a result of this Agreement.
FY 1993/1994 CDBG AGREEMENT BETWEEN CITY
AND
IN VITNESS WHEREOF, the parties hereto have executed this Agreement on the.
date and year first hereinabove written.
ATTEST: CITY OF SAN BERNARDINO
City Clerk By'
Tom Minor, Mayor
City of San Bernardino
SUBRECIPIENT
Approved as to fora
and By
legal content:
rest eat
JAMS F. PENMAN, BY: 'VC.
City Attorney
Secretary
By:
I.JML:0397e
Rev. 6/1993
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor
and Common Council of the City of San Bernardino Resolution No.
a full, true and correct copy of that now on file in this office. is
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the Mayor and Common Council of the City of San Bernardino
this day of , 1993.
City Clerk
City of San Bernardino
By:
Deputy
LJML:0397e
Attachment A
SCOPE OF SERVICES (Description of Activities)
PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY
Personal Services
Professional rvices
Ca ital Improvements
Totals
PROJECT SCHEDULE PROPOSED DATE ACTUAL DATE
OF COMPLETION OF COMPLETION
Pla 1 Concepts
si & ineeri
Advertisement fo Bids
BidOea
Avard of Contract
Begin Construction
Construction
Complete Construction
Pro ect Com letion
nkc:2842J
- 1 -
ROLLING START ' S HELPLINE PROGRAM
DESCRIPTION :
The Helpline Program offers an alternative! to needless , and many
times , premature institutionalization of
elderly and/or disabled . The Helpline Programticonsistseofrfour
components .
1 ) Electronic telephone equipment ( including
button" ) that plugs into a client ' s telephone system, Thelp
Helpline equipment is utilized to summon emergency assistance .
2) Friends/neighbors , who live nearby ,
respond to a client ' s initial call for help . ,laThe aresponders are
sent immediatly in the event of an emergency . Should reponders
. be unavailable at the .crucial time , Paramedics are dispatched .
3) An Emergency Response Center , located aC the County Medical
Center , where trained personnel provide 24 Hours a day , 7 days a
week coverage and monthly equipment testing .
4) Rolling Start staff, who install and maintain program equip-
W^nt for each client ; train subscribers and responders to
iectively operate Helpline equipment , provide current pertinent
medical and personal information to response center regarding each
eli.etttand possible changes . These changes are documented on a
quarterly basis .
I
r
E
Pro -1 cc t ]jtrcll;(2
.Administration
Salaries arld 1'z iriF;c Uertcf i t;3 :
Supplies : 10,000.00 _
Professional Services : _ 365.00_
Travel/Coiifercricc3/Seajiti[jr,, ;
- 5---5--o11
Utilities : - -_-325.00_-
Insurance : 890.00_
Office Equipmernt : 200 .00
Other : LPC-IsA -._-- 109 _---
'Equipmant nr� int � rIanc2 r E' rin i I I �— ---
14 X200 .00
NOW
CITY OF SAN BERNARDINO
DEVEWPMERT DEPARTMENT
"Certification and Assurance"
(To Accompany CDBG Agreement)
I, Don Vigil Executive Director , of the
(Name and Title of Official)
_Rollina Start , Inc- located at
(Name of Agency/Organization)
r,3 T.T 1 i +-b Street , ca„ A rna
rdino Ca . do hereby
(Address of Agency/Organization)
make the following certification and assurance to accompany the
Community Development Block Grant Agreement between
Rolling Start , Inc. and the
(Name of Agency/Organization)
City of San Bernardino:
a) Certify that the information booklet for CDBG Program requirements
has been read and understood, and
b) Assure that the Roll ina art Inc will
(Name of Agency/Organization)
comply with all governing requirements as stipulated herewith in the
performance of the CDBG Agreement.
4(S (Date
Development pment Department
(Date)
AJH:mkc:2437J
RESOLUTION NUMBER
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN
BERNARDINO CHILD ADVOCACY PROGRAM
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
Section 1.
(a) 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 CHILD
ADVOCACY PROGRAM, which agreement is attached hereto as Exhibit 111",
and is incorporated herein by referenced as though fully set forth at
length. The agreement provides for the granting of Community
Development Block Grant funds in the following amount of $20,000
Section 2.
(a) The Authorizations to execute the above referenced agreement
is rescinded if the parties to the agreement fail to execute it within
sixty (60) days of the passage of this Resolution.
. Ir
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
CDBG AGREEMENT BETWEEN THE CITY AND San Bernardino Child Advocacy Program
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at
a meeting thereof, held on
the day of , 1993, by the following
vote, to wit:
COUNCIL MEMBERS: AYES MAYS ABSTAIN ABSENT
EDWARD V. NEGRETE
DR. F.J. CURLIN
RALPH HERNANDEZ
DAVID OBERHELMAN
VACANT
VALERIE POPE-LUDLAM
NORINE MILLER
City Clerk
The foregoing resolution is hereby approved this day
of , 1993.
Tom Minor, Mayor
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
0397e
A G R E E M E N T
THIS AGREEMENT is entered into effective as of the , at
San Bernardino, California, between the City OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and SAN BERNARDINO CHILD ADVOCACY
PROGRAM, a nonprofit community service organization, referred to as
"Subrecipient". City and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance from City for
fiscal year 1993/1994 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 a network of treatment and supportive services to
provide a stable environment for abused children, all of which are 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.
(c) Subrecipient will comply with applicable uniform
administrative requirements, as described in 24 CFR, Part 570.502.
(d) Subrecipient will carry out each activity, program and/or
project in compliance with all federal laws and regulations as set forth in 24
CFR, Part 570, with the following exceptions, (i) the Subrecipient
does not assume the environmental responsiblities of the Grantee as described
in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the
Grantee's responsiblities for initiating the review process under Executive
Order Number 12372.
(e) Subrecipient will comply with the requirements set forth in
the Uniform Relocation Assistance and Real Property Acquisition Policy Act of
1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal
regulations when attempting to or acquiring any building or parcel of land.
Subrecipient will be required to obtain written approval from the Executive
Director of the Development Department prior to any activity taking place
within the confines of URA 49 CFR, Part 24, as amended.
2. Payments.
City shall reimburse Subrecipient.for allowable costs incurred
under the scope of this Agreement and applicable Federal regulations, which
have not been paid for or reimbursement will be made at least on a monthly
basis, with the total of all such reimbursements not to exceed $20,000.
3. Tern, 0Q4 —
This Agreement shall commence July 1, 1993, and terminate Dzramb&r
3�
--r, 1994.
4. Use of Funds;Budget; Travel Limitation
(a) The funds paid to Subrecipient shall be used by it solely for
the purposes set forth in Paragraph 1(b) of this Agreement, and in accordance
with the program budget submitted by Subrecipient to the City of San
Bernardino Community Development Department, a copy of which is attached to
this Agreement as Exhibit "B". This budget shall list all sources of funding
for the program covered by this Agreement, whether from State, Federal, local
or private sources, and shall identify which sources are paying for which
specific portions of the program, by line-item, to the extent practicable.
(b) No travel expenses for out-of-state travel shall be included
in this program unless specifically listed in the budget as submitted and -
approved, and all travel expenses to be funded from funds provided hereunder
shall be specifically identified as travel expense, which shall be negotiated
between the City of San Bernardino Development Department and Subrecipient as
listed in the budget. Any travel expenses incurred by Subrecipient above the
budgeted amount or for out-of-state travel shall not be eligible for
reimbursement unless the prior written approval of the Executive Director of
Development Department of the City of San Bernardino, or designee, has been
obtained.
(c) Funds shall be used for purposes authorized by the Community
Development Block Grant Program only, and no "portion of the funds granted
hereby shall be used for any purpose not specifically call
y 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 withholdings and not actually paid
over to another entity, shall not be included as wages or expenses eligible
for reimbursement as an allowable cost until such time as the withheld taxes,
social security, or other withholding are immediately paid over to another
entity entitled to such payment. Upon such
P payment and the submission of
evidence of such payment to the City of San Bernardino Development Department,
such expenses shall be regarded as an allowable cost, and the City shall
reimburse Subrecipient for such obligation.
(e) Subrecipient shall be allowed, with the prior written approval
to the budget during the first three (3) quarters of the fiscal year, so
long as Subrecipient is in compliance with Section 912" of this Agreement at
the time of submission of the budget modification request. A variation in the
itemization of costs, as set forth in the proposed budget submitted to City,
not to exceed ten percent (10X) as to any particular line item, shall be
allowed, provided that the prior written approval of the Executive Director of
the Development Department of the City of San Bernardino is obtained, it being
understood that the total amount of the grant shall not be varied thereby.
(f) The parties intend that grant funds be utilized within the
time period covered by this Agreement, and entitlement to any funds not
expended or obligated shall revert to the City. No reserve for the future
shall be established with the funds except as may be authorized to meet
commitments made for services provided during the period of this Agreement,
but not yet paid for at the conclusion of this Agreement.
(g) Subrecipient shall remain in compliance with all state,
federal and local laws prior to the receipt of any reimbursement hereunder.
This includes, but is not limited to, all laws and regulations relative to the
form of organization, local business licenses and any laws and regulations
specific to the business and activity carried out by Subrecipient.
Reimbursement shall not be made to Subrecipient which is not operating in
compliance with all applicable laws. Reimbursements may be subsequently paid,
at the direction of the Executive Director of the Development Department for
reimbursement costs incurred during the period when compliance is achieved
before expiration of this Agreement.
S. Accountinx Andit
(a) Prior to the final payment under this Agreement, and at such
other times as may be requested by the Executive Director of the Development
Department of the City of San Bernardino, Subrecipient shall submit to the
I
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, 1994.
(b) Financial records shall be maintained by Subrecipient in
accordance with Generally Accepted Accounting Principles, and in a manner
which permits City to trace the expenditures of funds to source
documentation. All books and records of subrecipient are to be kept open for
inspection at any time during the business day by the City, its officers or
agents, and by any representative of the United States of America authorized
to audit community development block grant programs.
(c) Standards for financial management systems and financial
reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be
fully complied with by Subrecipient. Subrecipient acknowledges that the funds
provided are federal funds.
(d) Subrecipient's financial management system shall provide for
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 all assets of the program, and Subrecipient shall
assure that they are used solely for authorized purposes.
6. Services Available to Residents; Monitoring and Reporting
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, religion, 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
Executive Director of the Development Department of the City of San
Bernardino, in accordance with 24 CFB, Part 85.41(c)(d) and Part 85.21.
Failure to provide such quarterly performance reports may prevent the _
processing by City of Subrecipient's requests for reimbursement, and may
Justify temporary withholding as provided for in Paragraph "11" hereof. City
reserves the right to waive such breach, without prejudice to any other of its
rights hereunder, upon a finding by the Executive Director of the Development
Department that such failure was due to extraordinary circumstances and that
such breach has been timely cured without prejudice to the City.
7. Procurement Practies• Conflict of Interest
Subrecipient shall comply with procurement procedures and
guidelines established by 24 CF&, Part 85.36(d)(1), Subrecipient "Procurement
Standards". In addition to the specific requirements of 24 CFB, Part 85,
Subrecipient shall maintain a code or standards of conduct which shall govern
AML the performance of its officers, employees or agents in contracting with and
expending the federal grant funds made available to Subrecipient under this
Agreement. Subrecipient's officers, employees or agents shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors
or potential contractors. To the extent permissible by state law, rules, and
regulations, the standards adopted by Subrecipient shall provide for
penalties, sanctions or other disciplinary actions to be applied for
violations of such standards by either the Subrecipients's officers, employees
or agents, or by contractors or their agents. Subrecipient shall provide a
copy of the code or standards adopted to City forthwith. All procurement
transactions without regard to dollar value shall be conducted in a manner so
as to provide maximum open and free competition. The Subrecipient shall be
alert to organizational conflicts of interest or non-competitive practices
among contractors which may restrict or eliminate competition or otherwise
restrain trade. Subrecipient agrees to adhere to conflict of interest
Provisions set forth in 24 CFR Section 570.611 and to the procurement rules
specified in 24 CFR, Part 85.36, in its expenditure of all funds received -
under this Agreement.
8. Anti-Kick Back Provisions; Equal Employment Opportuaity
All contracts for construction or repair using funds provided under
this Agreement shall include a provision for compliance with the Copeland
"Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor
Regulations (29 CFR, Part 3). This Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public work, to give up
any part of the compensation to which he/she is otherwise entitled.
Subrecipient shall report all suspected or reported violations to City. All
contracts in excess of $10,000.00 entered into by Subrecipient using funds
provided under this Agreement shall contain a provision requiring compliance
with Equal Employment Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevailing Wage Reanirement
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. 276(a) to 276(x)(7)) and as
supplemented by Department of Labor Regulations (29 CFR). Under this act,
contractors shall be required to pay wages to laborers and mechanics at a rate
not less than the minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall place a copy of the
current prevailing wage determination issued by the Department of Labor• in
each solicitation and the award of a contract shall be conditioned upon the
acceptance of the wage determination. Subrecipient shall report all suspected
or reported violations to City.
10. approval of City of any Charges; IIse of Proaraa In �� -
(a) City hereby requires Subrecipient to notify the City in
writing, of its intent to charge a fee for any service, the provision of which
is assisted pursuant to the Agreement. City requires Subrecipient to obtain
the prior written approval of City for any charges or fees to be charged by
Subrecipient for such services, and of any rules and regulations governing the
provision of services hereunder.
(b) Program income represents gross income received by the
Subrecipient directly generated from the use of funds provided hereunder.
Such earnings include interest earned on advances and may include, but will
not be limited to, income from service fees, 'bale of commodities, usage and
rental fees for real or personal property using the funds provided by this
Agreement. As to such income, it shall be first applied to eligible program
activities, before requests for reimbursement and, in the use, shall be
subject to all applicable provisions of this Agreement. Income not so applied
shall be remitted to City. Subrecipient shall remit all unspent program
income to the City within thirty (30) days subsequent to the end of the
program year (June 30, 1994).
11. Temporary Kithholdi o
The Executive Director of the Development Department of the City of
San Bernardino is authorized to temporily withhold the payment of funds to
Subrecipient 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 Executive Director. Subrecipient shall have the right to
appeal the decision of the Executive Director to the Mayor and Common
Council. The sole grounds for such appeal shall be that no violation of the
Agreement has occurred. Subrecipient shall file such appeal within fifteen
(15) days after such first withholding. The Mayor and Common Council shall
set a date for the hearing of such appeal which is within thirty (30) days-
following the date of filing.
12. Records Retention
Financial records, supporting documents, statistical records, and
all other records pertaining to the use of the funds provided under this
Agreement shall be retained by Subrecipient for a period of three (3) years,
at a minimum, and in the event of litigation, claim or audit, the records
shall be retained until all litigation, claim or audit findings involving the
records, have been fully resolved. Records for non-expendable property
acquired with federal funds provided under this Agreement shall be retained
for three (3) years after the final disposition of such property.
13. Property Management Standards=
Non-expendable personal property, for the purposes of this
Agreement, is defined as tangible personal property, purchased in whole or in
part with federal funds, which has useful life of more than one (1) year and
an acquisition cost of one-thousand dollars ($1,000.00) or more per unit.
Real property means land, including land improvements, structures and
appurtenances thereto, excluding movable machinery and equipment.
Non-expendable personal property and real property purchased with or improved
by finds provided under this Agreement shall be subject to the property
management standards set forth in 24 CFR, Part 85.32.
14. Termination for Cause
(a) City reserves the right to terminate this Agreement in
accordance with 24 CFR, Part 85.43, and any and all grants and future payments
under this Agreement, in whole or in part, at any time before the date of
completion of this Agreement whenever City determines that the Subrecipient
has materially failed to comply with the terms and conditions of this
Agreement. In the event 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.
(b) In the event of any termination whether for cause or for
convenience, Subrecipient shall forthwith provide to the Development
Department any and all documentation needed by the Development Department to
establish a full record of all,monies received by Subrecipient and to document
the uses of same.
15. Termination for Convenience
City or Subrecipient may terminate this Agreement in whole or in
part provided both parties agree that the continuation of the project would
not produce beneficial results commensurate with further expenditure of
funds. In such event, the parties shall agree upon the termination
conditions, including the effective date and, in the case of partial
terminations, the portion to be terminated. The Subrecipient shall not incur
new obligations for the terminated portion after the effective date and shall
cancel as many outstanding obligations as possible. City shall allow
Subrecipient full credit for the City's share of the non-cancellable
obligations properly incurred by the Subrecipient prior to termination.
16. Reversion of Asa tp
Subrecipient agrees that upon expiration of this Agreement, the
Subrecipient shall transfer to the City any and all CDBG funds not used at the
time of expiration and any accounts receivable attributable to the use of CDBG
funds. Subrecipient agrees that any real property under its control, which
was acquired or improved, in whole or in part, with CDBG funds in excess of
$500.00 shall either, (i) be used to meet one (1) of the three (3) national
objectives as set forth in 24 CFR, Part 570.208 until five (5) years after
expiration of the Agreement or such period of time as determined appropriate
by the City, or; (ii) is disposed of in a manner which results in the City
being reimbursed in the amount of the current fair market value of the
property less any portion thereof attributable to expenditure of, or
Improvement to, the property by Subrecipient. Such reimbursement is not
required after the period of time specified in "i" above.
17. Hold Har s
Subrecipient agrees to indemnify, save and hold harmless the City and the
Development Department and their employees and agents from all liabilities and
charges, expenses (including counsel fees), suits or losses, however
occurring, or damages, arising or growing out of the use of or receipt of
funds paid under this Agreement and all operations under this Agreement.
Payments under this Agreement are made with the understanding that the City
and the Development Department are not involved in the performance of services
or other activities of the Subrecipient. Subrecipient and its employees and
agents are independent contractors and not employees or agents of City and the
Development Department.
18. Amendment
This Agreement may be amended or modified only by written agreement
signed by both parties, and failure on the part of either party to enforce any
provision of this Agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
19. Assignment
This Agreement shall not be assigned by Subrecipient without the
prior written consent of City.
20. KqLLQeV,
All notices herein required shall be in writing and delivered in
person or sent certified mail, postage prepaid, addressed as follows:
As to City: As to Subrecipient
KENNETH J. HENDERSON SAN BERNARDINO CHILD
Executive Director ADVOCACY PROGRAM
Development Department P.O. Box 30930
Economic Development Agency San Bernardino, CA
201 North "E" Street, Third Floor
San Bernardino, CA 92401
21. Bvidence 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 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.
22. . Certification of Assurance
Subrecipient shall comply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully set
forth at length and made a part of this Agreement by execution of all
certifications and assurances of the CDBG program.
23. Mire Agreement
This Agreement and any document or instrument attached hereto or
referred to herein integrates all terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations and prior writing in
respect to the subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and any such document or
instrument, the terms and conditions of the Agreement shall prevail.
24. No Third Party Beneficiari s
No third party shall be deemed to have any rights hereunder
against any of the parties hereto as a result of this Agreement.
FY 1993/1994 CDBG MEMO= BETWMUI CITY
AND
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the_
date and year first hereinabove written.
ATTEST:
CITY OF SAN BERNARDINO
City Clerk By'
Tom Minor, Mayor
City of San Bernardino
SUBRECIPIENT
Approved as to form and By:
legal content: 10k P
es t
JAMBS F. PEnW, B
City Attorney
a
By:
L7ML:0397e
Rev. 6/1993
STATE OF CALIFORNIA )
COUNTY OF SAP BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor
and Common Council of the City of San Bernardino Resolution No.
a full, true and correct copy of that now on file in this office. is
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official seal of the Mayor and Common Council of the City of San Bernardino
this day of , 1993.
City Clerk
City of San Bernardino
By:
Deputy
LJML:0397e
Attachment A
SCOPE OF SERVICES (Description of Activities)
PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY
Personal Services
Profess ona Services
Capita I rovements
Totals
PROJECT SCHEDULE PROPOSED DATE ACTUAL DATE
OF COMPLETION OF COMPLETION
PISMing Concepts
Desi - ineeri
Advertisement for Bids
Bid Op en
Award of Contract
Begin Construction
% Gonstructio
Complete Construction
Project Cam letion
mkc:2842J
- 1 -
CITY OF SAR BMMMIRO
DBVEWPHM DBPARTIKRT
"Certification and Assurance"
(To Accompany CDBG Agreement)
I,
(Name and Title of Official) , of the
(Name of Agency/Organization) located at
(Address of Agency/Organization) do hereby
make the following certification and assurance to accompany the
Community Development Block Grant Agreement between
(Name of Agency/Organization) and the
City of San Bernardino:
a) Certify that the information booklet for CDBG Program requirements
has been read and understood, and
It
b) Assure that the
(Name of Agency/Organization) will
comply with all governing requirements as stipulated herewith in the
performance of the CDBG Agreement.
(Signature Official)
(Date)
Development Department
(Date)
AJH:mkc:2437J
RESOLUTION NUMBER
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LIBRERIA
DEL PUEBLO
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
Section 1.
(a) 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 LIBRERIA DEL PUEBLO,
which agreement is attached hereto as Exhibit "l", and is incorporated
herein by referenced as though fully set forth at length. The
agreement provides for the granting of Community Development Block
Grant funds in the following amount of $20,000
Section 2.
(a) The Authorizations to execute the above referenced agreement
is rescinded if the parties to the agreement fail to execute it within
sixty (60) days of the passage of this Resolution.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
CDBG AGREEMENT BETWEEN THE CITY AND Libreria Del Pueblo
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at
a meeting thereof, held on
the day of , 1993, by the following
vote, to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
EDWARD V. NEGRETE
DR. F.J. CURLIN
RALPH HERNANDEZ
DAVID OBERHELMAN
VACANT
VALERIE POPE-LUDLAM
NORINE MILLER
City Clerk
The foregoing resolution is hereby approved this day
of , 1993.
Tom Minor, Mayor
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
0397e
AGREEhEri
THIS AGREEMENT is entered into effective as of the , at
San Bernardino, California, between the City OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and LIBRERIA DEL FU LO, a nonprofit
community service organization, referred to as "Subrecipient". City and
Subrecipient agree as follows:
1. i ggluls.
(a) Subrecipient has requested financial assistance from City for
fiscal year 1993/1994 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 immigration and referral service to the limited English
speaking populations of San Bernardino, all of which are 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 ^f this particular
grant are set forth in Exhibit "A", attached hereto and incorporated into this
Agreement as though fully set forth herein.
(c) Subrecipient will comply with applicable uniform
administrative requirements, as described in 24 CFR, Part 570.502.
(d) Subrecipient will carry out each activity, program and/or
project in compliance with all federal laws and regulations as set forth in 24
CFR, Part 570, with the following exceptions, (i) the Subrecipient
does not assume the environmental responsiblities of the Grantee as described
in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the
Grantee's responsiblities for initiating the review process under Executive
Order Number 12372.
(e) Subrecipient will comply with the requirements set forth in
the Uniform Relocation Assistance and Real Property Acquisition Policy Act of
1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal
regulations when attempting to or acquiring any building or parcel of land.
Subrecipient will be required to obtain written approval from the Executive
Director of the Development Department prior to any activity taking place
within the confines of URA 49 CFR, Part 24, as amended.
2. Payments
City shall reimburse Subrecipient for allowable costs incurred
under the scope of this Agreement and applicable Federal regulations, which
have not been paid for or reimbursement will be made at least on a monthly
basis, with the total of all such reimbursements not to
exceed $20,000.
3. Tern,
361
This Agreement shall, commence July 1, 1993, and terminate
34 1994.
4. Use of Ftmds; Budget• ?ravel Limitation,
(a) The funds paid to Subrecipient shall be used by it solely for
the purposes set forth in Paragraph 1(b) of this Agreement, and in accordance
With the program budget submitted by Subrecipient to the City of San
Bernardino Community Development Department, a copy of which is attached to
this Agreement as Exhibit "B". This budget shall list all sources of funding
for the program coveredby this Agreement, whether from State, Federal, local
or private sources, and shall identify which sources are paying for which
I
specific portions of the program, by line-item, to the extent practicable.
(b) No travel expenses for out-of-state travel shall be included
in this program unless specifically listed in the budget as submitted and -
approved, and all travel expenses to be funded from funds provided hereunder
shall be specifically identified as travel expense, which shall be negotiated
between the City of San Bernardino Development Department and Subrecipient as
listed in the budget. Any travel expenses incurred by Subrecipient above the
budgeted amount or for out-of-state travel shall not be eligible for
reimbursement unless the prior written approval of the Executive Director of
Development Department of the City of San Bernardino, or designee, has been
obtained.
(c) Funds shall be used for purposes authorized by the Community
Development Block Grant Program only, and no portion of the funds granted
hereby shall be used for any purpose not specifically authorized by this
Agreement.
(d) Only net payroll shall be eriod
p ically reimbursed by City as
an allowable cost. Any amounts withheld by Subrecipient from an employee's
pay for taxes, social security, or other withholdings and not actually paid
over to another entity, shall not be included as wages or expenses eligible
for reimbursement t^ an allowble cost until such time as the withheld taxes,
social security, or other withholding are immediately paid over to another
entity entitled to such payment. Upon such payment and the submission of
evidence of such payment to the City of San Bernardino Development Department,
such expenses shall be regarded as an allowable cost, and the City shall
reimburse Subrecipient for such obligation.
(e) Subrecipient shall be allowed, with the prior written approval
to the budget during the first three (3) quarters of the fiscal year, so
0
long as Subrecipient is in compliance with Section 1'2" of this Agreement at
the time of submission of the budget modification request. A variation in the
itemization of costs, as set forth in the proposed budget submitted to City,
not to exceed ten percent (10X) as to any particular line item, shall be
allowed, provided that the prior written approval of the Executive Director of
the Development Department of the City of San Bernardino is obtained, it being
understood that the total amount of the grant shall not be varied thereby.
(f) The parties intend that grant funds be utilized within the
time period covered by this Agreement, and entitlement to any funds not
expended or obligated shall revert to the City. No reserve for the future
shall be established with the funds except as may be authorized to meet
commitments made for services provided during the period of this Agreement,
but not yet paid for at the conclusion of this Agreement.
(g) Subrecipient shall remain in compliance with all state,
federal and local laws prior to the receipt of any reimbursement hereunder.
This includes, but is not limited to, all laws and regulations relative to the
for, of organization, local business licenses and any laws and regulations
specific to the business and activity carried out by Subrecipient.
Reimbursement shall not be made to Subrecipient which is not operating in
compliance with all applicable laws. Reimbursements may be subsequently paid,
at the direction of the Executive Director of the Development Department for
reimbursement costs incurred during the period when compliance is achieved
before expiration of this Agreement.
5. accounting; Audit
(a) Prior to the final payment under this Agreement, and at such
other times as may be requested by the Executive Director of the Development
Department of the City of San Bernardino, Subrecipient shall submit to the
Director an accounting of the proposed and actual expenditures of all revenues
from whatever source accruing to the organization for the fiscal year ending
June 30, 1994.
(b) Financial records shall be maintained by Subrecipient in
accordance with Generally Accepted Accounting Principles, and in a manner
which permits City to trace the expenditures of funds to source
documentation. All books and records of subrecipient are to be kept open for
inspection at any time during the business day by the City, its officers or
agents, and by any representative of the United States of America authorized
to audit community development block grant programs.
(c) Standards for financial management systems and financial
reporting requirements established by 24 CFY, Parts 85.20 and 85.22 shall be
fully complied with by Subrecipient. Subrecipient acknowledges that the funds
provided are federal funds.
(d) Subrecipient's financial management system shall provide for
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 all assets of the program, and Subrecipient shall
assure that they are used solely for authorized purposes.
6. Services Available *n residents, honit
-- r_inA and YeDOrting
Proaran 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, religion, 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
Executive Director of the Development Department of the City of San
Bernardino, in accordance with 24 CFB, Part 85.41(c)(d) and Part 85.21.
Failure to provide such quarterly performance reports may prevent the _
processing by City of Subrecipient's requests for reimbursement, and may
Justify temporary withholding as provided for in Paragraph "11" hereof. City
reserves the right to waive such breach, without prejudice to any other of its
rights hereunder, upon a finding by the Executive Director of the Development
Department that such failure was due to extraordinary circumstances and that
such breach has been timely cured without prejudice to the City.
7. Procurement Practies; Conflict o...
Subrecipient shall comply with procurement procedures and
guidelines established by 24 CF&, Part 85.36(d)(1), Subrecipient "Procurement
Standards". In addition to the specific requirements of 24 CFF, Part 85,
Subrecipient shall maintain a code or standards of conduct which shall govern
the performance of its officers, employees or agents in contracting with and
expending the federal grant funds made available to Subrecipient under this
Agreement. Subrecipient's officers, employees or agents shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors
or potential contractors. To the extent permissible by state law, rules, and
regii1ations, the standards adopted by Subrecipient shall provide for
penalties, sanctions or other disciplinary actions to be applied for
violations of such standards by either the Subrecipients's officers, employees
or agents, or by contractors or their agents. Subrecipient shall provide a
copy of the code or standards adopted to City forthwith. All procurement
transactions without regard to dollar value shall be conducted in a manner so
as to provide maximum open and free competition. The Subrecipient shall be
alert to organizational conflicts of interest or non-competitive practices
among contractors which may restrict or eliminate competition or otherwise
restrain trade. Subrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR Section 570.611 and to the procurement rules
specified in 24 CFR, Part 85.36, in its expenditure of all funds received -
under this Agreement.
S. Antl-lick Back Provisions; Equal Smnlovnent ODnor unity
All contracts for construction or repair using funds provided under
this Agreement shall include a provision for compliance with the Copeland
"Anti-Rick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor
Regulations (29 CFR, Part 3). This Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public work, to give up
any part of the compensation to which he/she is otherwise entitled.
Subrecipient shall report all suspected or reported violations to City. All
contracts in excess of $10,000.00 entered into by Subrecipient using funds
provided under this Agreement shall contain a provision requiring compliance
with Equal Employment Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevailinrr Nacre Yeguirement
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. 276(x) to 276(x)(7)) and as
supplemented by Department of Labor Regulations (29 CFR). Under this act,
contractors shall be required to pay wages to laborers and mechanics at a rate
not less than the minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall place a copy of the
current prevailing wage determination issued by the Department of Labor in
each solicitation and the award of a contract shall be conditioned upon the
acceptance of the wage determination. Subrecipient shall report all suspected
or reported violations to City.
10. Approval of City of arges; psP of Progra' Tw���e
(a) City hereby requires Subrecipient to notify the City in
writing, of its intent to charge a fee for any service, the provision of which
is assisted pursuant to the Agreement. City requires Subrecipient to obtain
the prior written approval of City for any charges or fees to be charged by
Subrecipient for such services, and of any rules and regulations governing the
provision of services hereunder.
(b) Program income represents gross income received by the
Subrecipient directly generated from the use of funds provided hereunder.
Such earnings include interest earned on advances and may include, but will
not be limited to, income from service fees, sale of commodities, usage and
rental fees for real or personal property using the funds provided by this
Agreement. As to such income, it shall be first applied to eligible program
activities, before requests for reimbursement and, in the use, shall be
subject to all applicable provisions of this Agreement. Income not so applied
shall be remitted to City. Subrecipient shall remit all unspent program
income to the City within thirty (30) days subsequent to the end of the
proRram year (June 30, 1994).
11. ?emDOrary Withholding
LL
The Executive Director of the Development Department of the City of
San Bernardino is authorized to temporily withhold the payment of funds to
Subrecipient 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 Executive Director. Subrecipient shall have the right to
appeal the decision of the Executive Director to the Mayor and Common
Council. The sole grounds for such appeal shall be that no violation of the
Agreement has occurred. Subrecipient shall file such appeal within fifteen
(15) days after such first withholding. The Mayor and Common Council shall
set a date for the hearing of such appeal which is within thirty (30) days_
following the date of filing.
12. Records Retention
Financial records, supporting documents, statistical records, and
all other records pertaining to the use of the funds provided under this
Agreement shall be retained by Subrecipient for a period of three (3) years,
at a minimum, and in the event of litigation, claim or audit, the records
shall be retained until all litigation, claim or audit findings involving the
records, have been fully resolved. Records for non-expendable property
acquired with federal funds provided under this Agreement shall be retained
for three (3) years after the final disposition of such property.
13. Prope tandards
Non-expendable personal property, for the purposes of this
Agreement, is defined as tangible personal property, purchased in whole or in
i
part with federal funds, which has useful life of more than one (1) year and
an acquisition cost of one-thousand dollars ($1,000.00) or more per unit.
Real property means land, including land improvements, structures and
appurtenances thereto, exrludirF moveble machinery and equipment.
Non-expendable personal property and real property purchased with or improved
by finds provided under this Agreement shall be subject to the property
management standards set forth in 24 CFR, Part 85.32.
14. Termination for Cause
(a) City reserves the right to terminate this Agreement in
accordance with 24 CFR, Part 85.43, and any and all grants and future payments
under this Agreement, in whole or in part, at any time before the date of
completion of this Agreement whenever City determines that the Subrecipient
has materially failed to comply with the terms and conditions of this
Agreement. In the event 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.
(b) In the event of any termination whether for cause or for
convenience, Subrecipient shall forthwith provide to the Development
Department any and all documentation needed by the Development Department to
establish a full record of all monies received by Subrecipient and to document
the uses of same.
15. Terminatfou 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
termiud . Qns, the portion to be terminated. The Subrecipient shall not incur
new obligations for the terminated portion after the effective date and shall
cancel as many outstanding obligations as possible. City shall allow
Subrecipient full credit for the City's share of the non-cancellable
obligations properly incurred by the Subrecipient prior to termination.
16. Reversion of Assets.
Subrecipient agrees that upon expiration of this Agreement, the
Subrecipient shall transfer to the City any and all CDBG funds not used at the
time of expiration and any accounts receivable attributable to the use of CDBG
funds. Subrecipient agrees that any real property under its control, which
was acquired or improved, in whole or in part, with CDBG funds in excess of
$500.00 shall either, (i) be used to meet one (1) of the three (3) national
objectives as set forth in 24 CFR, part 570.208 until five (5) years after
expiration of the Agreement or such period of time as determined appropriate
by the City, or; (ii) is disposed of in a manner which results in the City
being reimbursed in the amount of the current fair market value of the
property less any portion thereof attributable to expenditure of, or
improvement to, the property by Subrecipient. Such reimbursement is not
required after the period of time specified in "i" above.
17. Hold Harmless
Subrecipient agrees to indemnify, save and hold harmless the City and the
Development Department and their employees and agents from all liabilities and
�hArgesx -YPenses (including counsel fees), suits or losses, however
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
and the Development Department are not involved in the performance of services
or other activities of the Subrecipient. Subrecipient and its employees and
agents are independent contractors and not employees or agents of City and the
Development Department.
18. Amendment,
This Agreement may be amended or modified only by written agreement
signed by both parties, and failure on the part of either party to enforce any
provision of this Agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
19. Assig=entL
This Agreement shall not be assigned by Subrecipient without the
prior written consent of City.
20. Notices_
All notices herein required shall be in writing and delivered in
person or sent certified mail, postage prepaid, addressed as follows:
As to City: As to Subrecipient
KENNETH J. HENDERSON LIBRERIA DEL PUEBLO
Executive Director 739 No. Mt. Vernon
Development Department Suite 100
Economic Development Agency San Bernardino, CA
201 North "E" Street, Third Floor
San Bernardino, CA 92401
21. Evidence of__Apjhority
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 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.
22. Certification of Assurance
Subrecipient shall comply with the program requirements attached
hereto as Exhibit INC,,, which are incorporated by reference as though fully set
forth at length and made a part of this Agreement by execution of all
certifications and assurances of the CDBG program.
23. �tire Agreement
This Agreement and any document or instrument attached hereto or
referred to herein integrates all terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations and prior writing in
respect to the subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and any such document or
instrument, the terms and conditions of the Agreement shall prevail.
24. No Third Party Bm finiarI..
No third party shall be deemed to have any rights hereunder
against any of the parties hereto as a result of this Agreement.
Fr 1993/1994 CDB6 AGE BETWEEN CITY
AND
rK WIMSS WHEREOF, the parties hereto have executed this Agreement on the
date and year first hereinabove written.
ATTEST: CITY OF SAN BERNARDINO
City Clerk By'
Tom Minor, Mayor
City of San Bernardino
SUBRECIPIENT
Approved as to form and ,��
legal content: By'
President
JAMES F. PENMAN, BY: i'
City Attorney �
Secretary
By:
IJML:0397e
Rev. 6/1993
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) 88
CITY OF SAN BERNARDINO )
1, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor
and Common Council of the City of San Bernardino Resolution No.
a full, true and correct copy of that now on file in this office. is
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official seal of the Mayor and Common Council of the City of San Bernardino
this day of , 1993.
City Clerk
City of San Bernardino
By:
Deputy
LJML:0397e
Attachment A
SCOPE OF SERVICES (Description of Activities)
Libreria del Pueblo will provide immigration and referral services
to San Bernardino City low to moderate income residents. Libreria
del Pueblo will continue to offer one ESL class with 25 slots;
immigration,legal and referral services to a minimun of 300 limited
English speaking persons.
PROJECT BUDGET CDBG OTHERS
TOTAL PER CATEGORY
Personal ervices 20,000 35,000 $55,000
rofessiona Services
Ca ital rovementa
Totals
20,000 35,000 55,000
PROJECT SCHEDULE PROPOSED DATE ACTUAL DATE
OF COMPLETION OF COMPLETION
s
esi & sneer
Advertisement. for Bids
Bid 0 en
Avard of Contract
Be°in Construction
50% Construction
Com lete Construction
Pro ect Co let on
mkc:2842J
- 1 -
; ,. CITY OF SAN BEFNABDINO
DSVBIAP?WT DEPAYTKKNT
"Certification and Assurance"
(To Accompany CDBG Agreement)
I Patricio Guillen, Executive Director
of the
(Name and Title of Official)
Libreria Del Pueblo, Inc.
located at
(Name of Agency/Organization)
739 North Mt. Vernon, Suite 100
do hereby
(Address of Agency/Organization)
make the following certification and assurance to accompany the
Community Development Block Grant Agreement between
Libreria Del Pueblo and the
(Name of Agency/Organization)
City of San Bernardino:
a) Certify that the information booklet for CDBG Program requirements
has been read and understood, and
b) Assure that the Libreria del Pueblo
will
(Name of Agency/Organization)
comply with all governing requirements as stipulated herewith in the
performance of the CDBG Agreement.
G .?3 9'3
( Official) (Dat
Development Department (Date)
AJH:mkc:24
37J
RESOLUTION NUMBER
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YMCA OF
SAN BERNARDINO VALLEY
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
Section 1.
(a) 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 YMCA OF SAN BERNARDINO
VALLEY, which agreement is attached hereto as Exhibit 11111, and is
incorporated herein by referenced as though fully set forth at length.
The agreement provides for the granting of Community Development Block
Grant funds in the following amount of $20,000
Section 2.
(a) The Authorizations to execute the above referenced agreement
Is rescinded if the parties to the agreement fail to execute it within
sixty (60) days of the passage of this Resolution.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ERBCOTION OF A
CDBG AGREEMENT BETWEEN THE CITY AND YMCA of San Bernardino Vallev
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at
a meeting thereof, held on
the day of , 1993, by the following
vote, to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSBRT
EDWARD V. NEGRETE
DR. F.J. CURLIN
RALPH HERNANDEZ
DAVID OBERHELMAN
VACANT
VALERIE POPE-LUDLAM
NORINE MILLER
City Clerk
The foregoing resolution is hereby approved this day
of , 1993.
Tom Minor, Mayor
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
0397e
A G R E E M E N T
THIS AGREEMENT is entered into effective as of the , at
San Bernardino, California, between the City OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and YMCA OF SAN BERNARDINO VALLEY, a
nonprofit community service organization, referred to as "Subrecipient". City
and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance from City for
fiscal year 1993/1994 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 the coordinator salary for the Youth/Teen Leadership
Program, all of which are 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.
(c) Subrecipient will comply with applicable uniform
administrative requirements, as described in 24 CFR, Part 570.502.
(d) Subrecipient will carry out each activity, program and/or
project in compliance with all federal laws and regulations as set forth in 24
CFR, Part 570, with the following exceptions, (i) the Subrecipient
does not assume the environmental responsiblities of the Grantee as described
in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the
Grantee's responsiblities for initiating the review process under Executive
Order Number 12372.
(e) Subrecipient will comply with the requirements set forth in
the Uniform Relocation Assistance and Real Property Acquisition Policy Act of
1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal
regulations when attempting to or acquiring any building or parcel of land.
Subrecipient will be required to obtain written approval from the Executive
Director of the Development Department prior to any activity taking place
within the confines of URA 49 CFR, Part 24, as amended.
2. Payments.
City shall reimburse Subrecipient for allowable costs incurred
under the scope of this Agreement and applicable Federal regulations, which
have not been paid for or reimbursement will be made at least on a monthly
basis, with the total of all such reimbursements not to exceed $20,000.
3. Term, Yi
This Agreement shall ,commence July 1, 1993, and terminate Dec ber
1994.
4. Use of Funds; Bud>.; Travel Limitation
(a) The funds paid to Subrecipient shall be used by it solely for
the purposes set forth in Paragraph 1(b) of this Agreement, and in accordance
with the program budget submitted by Subrecipient to the City of San
Bernardino Community Development Department, a copy of which is attached to
this Agreement as Exhibit "B". This budget shall list all sources of funding
for the program covered by this Agreement, whether from State, Federal, local
or private sources, and shall identify which sources are paying for which
specific portions of the program, by line-item, to the extent practicable.
(b) No travel expenses for out-of-state travel shall be included
in this program unless specifically listed in the budget as submitted and -
approved, and all travel expenses to be funded from funds provided hereunder
shall be specifically identified as travel expense, which shall be negotiated
between the City of San Bernardino Development Department and Subrecipient as
listed in the budget. Any travel expenses incurred by Subrecipient above the
budgeted amount or for out-of-state travel shall not be eligible for
reimbursement unless the prior written approval of the Executive Director of
Development Department of the City of San Bernardino, or designee, has been
obtained.
(c) Funds shall be used for purposes authorized by the Community
Development Block Grant Program only, and no portion of the funds granted
hereby shall be used for any purpose not specifically authorized by this
Agreement.
IL a
(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 withholdings and not actually paid
over to another entity, shall not be included as wages or expenses eligible
for reimbursement as an allowable cost until such time as the withheld taxes,
social security, or other withholding are immediately paid over to another
entity entitled to such payment. Upon such payment and the submission of
evidence of such
payment to the City of San Bernardino Development Department,
such expenses shall be regarded as an allowable cost, and the City shall
reimburse Subrecipient for such obligation.
(e) Subrecipient shall be allowed, with the prior written approval
to the budget during the first three (3) quarters of the fiscal year, so
long as Subrecipient is in compliance with Section 112" of this Agreement at
the time of submission of the budget modification request. A variation in the
itemization of costs, as set forth in the proposed budget submitted to City,
not to exceed ten percent (10X) as to any particular line item, shall be
allowed, provided that the prior written approval of the Executive Director of
the Development Department of the City of San Bernardino is obtained, it being
understood that the total amount of the grant shall not be varied thereby.
(f) The parties intend that grant funds be utilized within the
time period covered by this Agreement, and entitlement to any funds not
expended or obligated shall revert to the City. No reserve for the future
shall be established with the funds except as may be authorized to meet
commitments made for services provided during the period of this Agreement,
but not yet paid for at the conclusion of this Agreement.
(g) Subrecipient shall remain in compliance with all state,
federal and local laws prior to the receipt of any reimbursement hereunder.
This includes, but is not limited to, all laws and regulations relative to the
form of organization, local business licenses and any laws and regulations
specific to the business and activity carried out by Subrecipient.
` Reimbursement shall not be made to Subrecipient which is not operating in
compliance with all applicable laws. Reimbursements may be subsequently paid,
at the direction of the Executive Director of the Development Department for
reimbursement costs incurred during the period when compliance is achieved
before expiration of this Agreement.
5. Accountin; Audit
(a) Prior to the final payment under this Agreement, and at such
other times as may be requested by the Executive Director of the Development
Department of the City of San Bernardino, Subrecipient shall submit to the
i
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, 1994.
(b) Financial records shall be maintained by Subrecipient in
accordance with Generally Accepted Accounting Principles, and in a manner
which permits City to trace the expenditures of funds to source
documentation. All books and records of subrecipient are to be kept open for
Inspection at any time during the business day by the City, its officers or
agents, and by any representative of the United States of America authorized
to audit community development block grant programs.
(c) Standards for financial management systems and financial
reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be
fully complied with by Subrecipient. Subrecipient acknowledges that the funds
provided are federal funds.
IL j
(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 all assets of the program, and Subrecipient shall
assure that they are used solely for authorized purposes.
6. Services Available to Residents; Mon1torinz and Reporting
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, religion, 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
0
Executive Director of the Development Department of the City of San
Bernardino, in accordance with 24 CFR, Part 85.41(c)(d) and Part 85.21.
Failure to provide such quarterly performance reports may prevent the _
processing by City of Subrecipient's requests for reimbursement, and may
Justify temporary withholding as provided for in Paragraph "11" hereof. City
reserves the right to waive such breach, without prejudice to any other of its
rights hereunder, upon a finding by the Executive Director of the Development
Department that such failure was due to extraordinary circumstances and that
such breach has been timely cured without prejudice to the City.
7. Procurement Practies; Conflict of Interest
Subrecipient shall comply with procurement procedures and
guidelines established by 24 CFR, Part 85.36(d).(1), Subrecipient "Procurement
Standards". In addition to the specific requirements of 24 CFR, Part 85,
Subrecipient shall maintain a code or standards of conduct which shall govern
the performance of its officers, employees or agents in contracting with and
expending the federal grant funds made available to Subrecipient under this
Agreement. Subrecipient's officers, employees or agents shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors
or potential contractors. To the extent permissible by state law, rules, and
regulations, the standards adopted by Subrecipient shall provide for
penalties, sanctions or other disciplinary actions to be applied for
violations of such standards by either the Subrecipients's officers, employees
or agents, or by contractors or their agents. Subrecipient shall provide a
copy of the code or standards adopted to City forthwith. All procurement
transactions without regard to dollar value shall be conducted in a manner so
as to provide maximum open and free competition. The Subrecipient shall be
alert to organizational conflicts of interest or non-competitive practices
among contractors which may restrict or eliminate competition or otherwise
restrain trade. Subrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR Section 570.611 and to the procurement rules
specified in 24 CFR, Part 85.36, in its expenditure of all funds received -
under this Agreement.
S. Anti-Kick Back Provisions; ual Employment Opportunity
All contracts for construction or repair using funds provided under
this Agreement shall include a provision for compliance with the Copeland
"Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor
Regulations (29 CFR, Part 3). This Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public work, to give up
any part of the compensation to which he/she is otherwise entitled.
Subrecipient shall report all suspected or reported violations to City. All
contracts in excess of $10,000.00 entered into by Subrecipient using funds
provided under this Agreement shall contain a provision requiring compliance
with Equal Employment Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevailing Wage 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. 276(a) to 276(a)(7)) and as
supplemented by Department of Labor Regulations (29 CFR). Under this act,
contractors shall be required to pay wages to laborers and mechanics at a rate
not less than the minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall place a copy of the
current prevailing wage determination issued by the Department of Labor in
each solicitation and the award of a contract shall be conditioned upon the
acceptance of the wage determination. Subrecipient shall report all suspected
or reported violations to City.
10. Approval of City of any Charges; Use of Program Income
(a) City hereby requires Subrecipient to notify the City in
writing, of its intent to charge a fee for any service, the provision of which
is assisted pursuant to the Agreement. City requires Subrecipient to obtain
the prior written approval of City for any charges or fees to be charged by
Subrecipient for such services, and of any rules and regulations governing the
provision of services hereunder.
(b) Program income represents gross income received by the
Subrecipient directly generated from the use of funds provided hereunder.
Such earnings include interest earned on advances and may include, but will
not be limited to, income from service fees, sale of commodities, usage and
rental fees for real or personal property using the funds provided by this
Agreement. As to such income, it shall be first applied to eligible program
activities, before requests for reimbursement and, in the use, shall be
subject to all applicable provisions of this Agreement. Income not so applied
shall be remitted to City. Subrecipient shall remit all unspent program
income to the City within thirty (30) days subsequent to the end of the
program year (June 30, 1994).
11. Temporary Withholding
The Executive Director of the Development Department of the City of
San Bernardino is authorized to temporily withhold the payment of funds to
Subrecipient 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 Executive Director. Subrecipient shall have the right to
appeal the decision of the Executive Director to the Mayor and Common
Council. The sole grounds for such appeal shall be that no violation of the
Agreement has occurred. Subrecipient shall file such appeal within fifteen
(15) days after such first withholding. The Mayor and Common Council shall
set a date for the hearing of such appeal which is within thirty (30) days-
following the date of filing.
12. Records Retention
Financial records, supporting documents, statistical records, and
all other records pertaining to the use of the funds provided under this
Agreement shall be retained by Subrecipient for a period of three (3) years,
at a minimum, and in the event of litigation, claim or audit, the records
shall be retained until all litigation, claim or audit findings involving the
records, have been fully resolved. Records for non-expendable property
acquired with federal funds provided under this,Agreement shall be retained
for three (3) years after the final disposition of such property.
13. Property *+AQement Standards
Non-expendable personal property, for the purposes of this
Agreement, is defined as tangible personal property, purchased in whole or in
part with federal funds, which has useful life of more than one (1) year and
an acquisition cost of one-thousand dollars ($1,000.00) or more per unit.
Real property means land, including land improvements, structures and
appurtenances thereto, excluding movable machinery and equipment.
Non-expendable personal property and real property purchased with or improved
by funds provided under this Agreement shall be subject to the property
management standards set forth in 24 CFR, Part 85.32.
14. Termination for Cause
(a) City reserves the right to terminate this Agreement in
accordance with 24 CFR, Part 85.43, and any and all grants and future payments
under this Agreement, in whole or in part, at any time before the date of
completion of this Agreement whenever City determines that the Subrecipient
has materially failed to comply with the terms and conditions of this
Agreement. In the event 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.
(b) In the event of any termination whether for cause or for
convenience Subrecipient shall forthwith
provide to the Development
Department any and all documentation needed by the Development Department to
establish a full record of all monies received by Subrecipient and to document
the uses of same.
15. Termination for Conveniences
I
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-cancellable
obligations properly incurred by the Subrecipient prior to termination.
16. Reversion of Assets
Subrecipient agrees that upon expiration of this Agreement, the
Subrecipient shall transfer to the City any and all CDBG funds not used at the
time of expiration and any accounts receivable attributable to the use of CDBG
funds. Subrecipient agrees that any real property under its control, which
was acquired or improved, in whole or in part, with CDBG funds in excess of
$500.00 shall either, (i) be used to meet one (1) of the three (3) national
objectives as set forth in 24 CFR, Part 570.208 until five (5) years after
expiration of the Agreement or such period of time as determined appropriate
by the City, or; (ii) is disposed of in a manner which results in the City
being reimbursed in the amount of the current fair market value of the
property less any portion thereof attributable to expenditure of, or
improvement to, the property by Subrecipient. Such reimbursement is not
required after the period of time specified in "i" above.
17. Hold Harmless.
Subrecipient agrees to indemnify', save and hold harmless the City and the
Development Department and their employees and agents from all liabilities and
charges, expenses (including counsel fees), suits or losses, however
occurring, or damages, arising or growing out of the use of or receipt of
funds paid under this Agreement and all operations under this Agreement.
Payments under this Agreement are made with the understanding that the City
and the Development Department are not involved in the performance of services
or other activities of the Subrecipient. Subrecipient and its employees and
agents are independent contractors and not employees or agents of City and the
Development Department.
18. Amendment,
This Agreement may be amended or modified only by written agreement
signed by both parties, and failure on the part of either party to enforce any
provision of this Agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
19. Assignment,
This Agreement shall not be assigned by Subrecipient without the
prior written consent of City.
20. Notices.
All notices herein required shall be in writing and delivered in
person or sent certified mail, postage prepaid, addressed as follows:
As to City: As to Subrecipient
KENNETH J. HENDERSON YMCA OF SAN BERNARDINO VALLEY
Executive Director 216 W. 6th Street
Development Department San Bernardino, CA
Economic Development Agency
201 North "E" Street, Third Floor
San Bernardino, CA 92401
21. 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 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.
22. Certification of Assurance
Subrecipient shall comply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully set
forth at length and made a part of this Agreement by execution of all
certifications and assurances of the CDBG program.
23. moire Agreement
This Agreement and any document or instrument attached hereto or
referred to herein integrates all terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations and prior writing in
respect to the subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and any such document or
instrument, the terms and conditions of the Agreement shall prevail.
24. No Third Party Benefi terries
No third party shall be deemed to have any rights hereunder
against any of the parties hereto as a result of this Agreement.
FY 1993/1994 CDBG AGREEMENT BETWEEN CITY
AND
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the_
date and year first hereinabove written.
ATTEST: CITY OF SAN BERN ARDINO
BY:
Clerk . Tom Minor, Mayor
City of San Bernardino
SUBRECIRUNT
Approved as to form and By: C
legal content:
JAMBS F. P
President
_Pm", BY:
City Attorney Secretary
By:
LJML:0397e
Rev. 6/1993
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor
and Common Council of the City of San Bernardino Resolution No. is
a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the Mayor and Common Council of the City of San Bernardino
this day of , 1993.
City Clerk
City of San Bernardino
By:
Deputy
LJML:0397e
i
I
RESOLUTION RUDER
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND YWCA OF
GREATER SAN BERNARDINO
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
Section 1.
(a) 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 YWCA OF GREATER SAN
BERNARDINO, which agreement is attached hereto as Exhibit "111, and is
incorporated herein by referenced as though fully set forth at length.
The agreement provides for the granting of Community Development Block
Grant funds in the following amount of $16,100
Section 2.
(a) The Authorizations to execute the above referenced agreement
is rescinded if the parties to the agreement fail to execute it within
sixty (60) days of the passage of this Resolution.
.t�l
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
CDBG AGREEMENT BETWEEN THE CITY AND YWCA of Greater San Bernardino
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at
a meeting thereof, held on
the day of , 1993, by the following
vote, to wit:
COUNCIL MEMBERS- AYES NAYS ABSTAI ABSENT
EDWARD V. NEGRETE
DR. F.J. CURLIN
RALPH HERNANDEZ
DAVID OBERHELMAN
VACANT
VALERIE POPE-LUDLAM
NORINE MILLER
City Clerk
The foregoing resolution is hereby approved this day
i of , 1993.
Tom Minor, Mayor
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
Ar By:
0397e
A G Y E E K E N T
THIS AGREEMENT is entered into effective as of the , at
San Bernardino, California, between the City OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and YWCA OF GREATER SAN BERNARDINO, a
nonprofit community service organization, referred to as "Subrecipient". City
and Subrecipient agree as follows:
1. Recitals,
(a) Subrecipient has requested financial assistance from City for
fiscal year 1993/1994 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 the Learn to Swim Program, all of which are 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.
(c) Subrecipient will comply with applicable uniform
administrative requirements, as described in 24 CFR, Part 570.502.
(d) Subrecipient will carry out each activity, program and/or
project in compliance with all federal laws and regulations as set forth in 24
CFR, Part 570, with the following exceptions, (i) the Subrecipient
C
does not assume the environmental responsiblities of the Grantee as described
in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the
Grantee's responsiblities for initiating the review process under Executive
Order Number 12372.
(e) Subrecipient will comply with the requirements set forth in
the Uniform Relocation Assistance and Real Property Acquisition Policy Act of
1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal
regulations when attempting to or acquiring any building or parcel of land.
Subrecipient will be required to obtain written approval from the Executive
Director of the Development Department prior to any activity taking place
within the confines of URA 49 CFR, Part 24, as amended.
2. Payments.
City shall reimburse Subrecipient for allowable costs incurred
under the scope of this Agreement and applicable Federal regulations, which
have not been paid for or reimbursement will be made at least on a monthly
basis, with the total of all such reimbursements not to exceed $16,100.
3. Term.
3u nC,
This Agreement shall commence July 1, 1993, and terminate Ree.smbarr
1994.
4. Use of Finds: Budget; Travel Limitation
(a) The funds paid to Subrecipient shall be used by it solely for
the purposes set forth in Paragraph 1(b) of this Agreement, and in accordance
with the program budget submitted by Subrecipient to the City of San
Bernardino Community Development Department, a copy of which is attached to
this Agreement as Exhibit "B". This budget shall list all sources of funding
for the program covered by this Agreement, whether from State, Federal, local
0 or private sources, and shall identify which sources are paying for which
specific portions of the program, by line-item, to the extent practicable.
(b) No travel expenses for out-of-state travel shall be included
In this program unless specifically listed in the budget as submitted and
approved, and all travel expenses to be funded from funds provided hereunder
shall be specifically identified as travel expense, which shall be negotiated
between the City of San Bernardino Development Department and Subrecipient as
listed in the budget. Any travel expenses incurred by Subrecipient above the
budgeted amount or for out-of-state travel shall not be eligible for
reimbursement unless the prior written approval of the Executive Director of
Development Department of the City of San Bernardino, or designee, has been
obtained.
(c) Funds shall be used for purposes authorized by the Community
Development Block Grant Program only, and no portion of the funds granted
hereby shall be used for any purpose not specifically authorized by this
Agreement.
(d) Only net payroll shall be periodically reimbursed by City as
an allowable cost. Any amounts withheld by Subrecipient from an employee's
Pay for taxes, social security, or other withholdings and not actually paid
over to another entity, shall not be included as wages or expenses eligible
for reimbursement as an allowable cost until such time as the withheld taxes,
social security, or other withholding are immediately paid over to another
entity entitled to such payment. Upon such payment and the submission of
evidence of such payment to the City of San Bernardino Development Department,
such expenses shall be regarded as an allowable cost, and the City shall
reimburse Subrecipient for such obligation.
(e) Subrecipient shall be allowed, with the prior written approval
to the budget during the first three (3) quarters of the fiscal year, so
long as Subrecipient is in compliance with Section 112" of this Agreement at
the time of submission of the budget modification request. A variation in the
itemization of costs, as set forth in the proposed budget submitted to City,
not to exceed ten percent (10X) as to any particular line item, shall be
allowed, provided that the prior written approval of the Executive Director of
the Development Department of the City of San Bernardino is obtained, it being
understood that the total amount of the grant shall not be varied thereby.
(f) The parties intend that grant funds be utilized within the
time period covered by this Agreement, and entitlement to any funds not
expended or obligated shall revert to the City. No reserve for the future
shall be established with the funds except as may be authorized to meet
commitments made for services provided during the period of this Agreement,
but not yet paid for at the conclusion of this Agreement.
(g) Subrecipient shall remain in compliance with all state,
federal and local laws prior to the receipt of any reimbursement hereunder.
This includes, but is not limited to, all laws and regulations relative to the
form of organization, local business licenses and any laws and regulations
specific to the business and activity carried out by Subrecipient.
Reimbursement shall not be made to Subrecipient which is not operating in
compliance with all applicable laws. Reimbursements may be subsequently paid,
at the direction of the Executive Director of the Development Department for
reimbursement costs incurred during the period when compliance is achieved
before expiration of this Agreement.
S. Accounting: Audit
(a) Prior to the final payment under this Agreement, and at such
other times as may be requested by the Executive Director of the Development
Department of the City of San Bernardino, Subrecipient shall submit to the
�a
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, 1994.
(b) Financial records shall be maintained by Subrecipient in
accordance with Generally Accepted Accounting Principles, and in a manner
which permits City to trace the expenditures of funds to source
documentation. All books and records of Subrecipient are to be kept open for
inspection at any time during the business day by the City, its officers or
agents, and by any representative of the United States of America authorized
to audit community development block grant programs.
(c) Standards for financial management systems and financial
reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be
fully complied with by Subrecipient. Subrecipient acknowledges that the funds
provided are federal funds.
(d) Subrecipient's financial management system shall provide for
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 all assets of the program, and Subrecipient shall
assure that they are used solely for authorized purposes.
6. Services Available to Residents Monito ine •
��d ReDOrtinr
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, religion, 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
Executive Director of the Development Department of the City of San
Bernardino, in accordance with 24 CFR, Part 85.41(c)(d) and Part 85.21.
Failure to provide such quarterly performance reports may prevent the _
processing by City of Subrecipient's requests for reimbursement, and may
Justify temporary withholding as provided for in Paragraph "11" hereof. City
reserves the right to waive such breach, without prejudice to any other of its
rights hereunder, upon a finding by the Executive Director of the Development
Department that such failure was due to extraordinary circumstances and that
such breach has been timely cured without prejudice to the City.
7. Procurement ract • Conflict e t
Subrecipient shall comply with procurement procedures and
guidelines established by 24 CFR, Part 85.36(d)(1), Subrecipient "Procurement
Standards". In addition to the specific requirements of 24 CFR, Part 85,
Subrecipient shall maintain a code or standards of conduct which shall govern
the performance of its officers, employees or agents in contracting with and
expending the federal grant funds made available to Subrecipient under this
Agreement. Subrecipient's officers, employees or agents shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors
or Potential contractors. To the ext^-t permissible by state law, rules, and
regulations, the standards adopted by Subrecipient shall provide for
penalties, sanctions or other disciplinary actions to be applied for
violations of such standards by either the Subrecipients's officers, employees
or agents, or by contractors or their agents. Subrecipient shall provide a
COPY of the code or standards adopted to City forthwith. All procurement
transactions without regard to dollar value shall be conducted in a manner so
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 p ition or otherwise
restrain trade. Subrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR Section 570.611 and to the procurement rules
specified in 24 CFR, Part 85.36, in its expenditure of all funds received -
under this Agreement.
S. Anti-Kick Ba Provisions: gaval Employment ODDOrtunity
All contracts for construction or repair using funds provided under
this Agreement shall include a provision for compliance with the Copeland
"Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor
Regulations (29 CFR, Part 3). This Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public work, to give up
any part of the compensation to which he/she is' otherwise entitled.
Subrecipient shall report all suspected or reported violations to City. All
contracts in excess of $10,000.00 entered into by Subrecipient using funds
provided under this Agreement shall contain a provision requiring compliance
with Equal Employment Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevailing i/age Reguftgpent.
Any construction contracts awarded ;y Subrcc1pient using funds
provided under this Agreement in excess of $2,000.00 shall include a provision
for compliance with the Davis-Bacon Act (40 U.S.C. 276(x) to 276(x)(7)) and as
supplemented by Department of Labor Regulations (29 CFR). Under this act,
contractors shall be required to pay wages to laborers and mechanics at a rate
not less than the minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall place a copy of the
current prevailing wage determination issued by the Department of Labor in
each solicitation and the award of a contract shall be conditioned upon the
acceptance of the wage determination. Subrecipient shall report all suspected
or reported violations to City.
10. Approval of City of a� Charaes, IIse of Proar *+ Income -
(a) City hereby requires Subrecipient to notify the City in
writing, of its intent to charge a fee for any service, the provision of which
is assisted pursuant to the Agreement. City requires Subrecipient to obtain
the prior written approval of City for any charges or fees to be charged by
Subrecipient for such services, and of any rules and regulations governing the
provision of services hereunder.
(b) Program income represents gross income received by the
Subrecipient directly generated from the use of funds provided hereunder.
Such earnings include interest earned on advances and may include, but will
i
not be limited to, income from service fees, sale of commodities, usage and
rental fees for real or personal property using the funds provided by this
Agreement. As to such income, it shall be first applied to eligible program
activities, before requests for reimbursement and, in the use, shall be
subject to all applicable provisions of this Agreement. Income not so applied
shall be remitted to City. Subrecipient shall remit all unspent program
i vmc Lo the City within thirty (30) days subsequent to the end of the
program year (June 30, 1994).
11. Temporary o dina
The Executive Director of the Development Department of the City of
San Bernardino is authorized to temporily withhold the payment of funds to
Subrecipient 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 Executive Director. Subrecipient shall have the right to
appeal the decision of the Executive Director to the Mayor and Common
Council. The sole grounds for such appeal shall be that no violation of the
E 1 f�
Agreement has occurred. Subrecipient shall file such appeal within fifteen
(15) days after such first withholding. The Mayor and Common Council shall
set a date for the hearing of such appeal which is within thirty (30) days-
following the date of filing.
12. Records Reten {on
Financial records, supporting documents, statistical records, and
all other records pertaining to the use of the funds provided under this
Agreement shall be retained by Subrecipient for a period of three (3) years,
at a minimum, and in the event of litigation, claim or audit, the records
shall be retained until all litigation, claim or audit findings involving the
records, have been fully resolved. Records for non-expendable property
acquired with federal funds provided under this 'Agreement shall be retained
for three (3) years after the final disposition of such property.
13. Property men tandards_
Non-expendable personal property, for the purposes of this
Agreement, is defined as tangible personal property, purchased in whole or in
part with federal funds, which has useful life of more than one (1) year and
an acquisition cost of one-thousand dollars ($1,000.00) or more per unit.
Real property means land, incliadi.ng lend {+nprovements, strut t ,es acid
appurtenances thereto, excluding movable machinery and equipment.
� Non-expendable personal
property and real property purchased with or improved
by funds provided under this Agreement shall be subject to the property
management standards set forth in 24 CFR, Part 85.32.
14. Termination for Cause
(a) City reserves the right to terminate this Agreement in
accordance with 24 CFR, Part 85.43, and any and all grants and future payments
under this Agreement, in whole or in part, at any time before the date of
completion of this Agreement whenever City determines that the
Subrecipient
has materially failed to comply with the terms and conditions of this
Agreement. In the event 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.
(b) In the event of any termination whether for cause or for
convenience, Subrecipient shall forthwith provide to the Development
Department any and all documentation needed by the Development Department to
establish a full record of all monies received by Subrecipient and to document
the uses of same.
1S. 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-cancellable
obligations properly incurred by the Subrecipient prior to termination.
16. Reversion of Assets,
Subrecipient agrees that upon expiration of this Agreement, the
Subrecipient shall transfer to the City any and all CDBG funds not used at the
time of expiration and any accounts receivable attributable to the use of CDBG
funds. Subrecipient agrees that any real property under its control, which
was acquired or improved, in whole or in part, with CDBG funds in excess of
$500.00 shall either, (i) be used to meet one (1) of the three (3) national
objectives as set forth in 24 CFR, Part 570.208 until five (5) years after
expiration of the Agreement or such period of time as determined appropriate
by the City, or; (ii) is disposed of in a manner which results in the City
being reimbursed in the amount of the current fair market value of the
property less any portion thereof attributable to expenditure of, or
improvement to, the property by Subrecipient. Such reimbursement is not
required after the period of time specified in "i" above.
17. Hold Ha tuna
Subrecipient agrees to indemnify; save and hold harmless the City and the
Development Department and their employees and agents from all liabilities and
charges, expenses (including counsel fees), suits or losses, however
occurring, or damages, arising or growing out of the use of or receipt of
funds paid under this Agreement and all operations under this Agreement.
Payments under this Agreement are made with the understanding that the City
and the Development Department are not involved in the performance of services
or other activities of the Subrecipient. Subrecipient and its employees and
agents are independent contractors and not employees or agents of City and the
Development Department.
18. Amendment,
This Agreement may be amended or modified only by written agreement
signed by both parties, and failure on the part of either party to enforce any
provision of this Agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
19. Assignment.
This Agreement shall not be assigned by Subrecipient without the
prior written consent of City.
20. Notices.
All notices herein required shall be in writing and delivered in
person or sent certified mail, postage prepaid,. addressed as follows:
As to City: As to Subrecipient
KENNETH J. HENDERSON YWCA OF GREATER
Executive Director SAN BERNARDINO
Development Department 567 N. Sierra Way
Economic Development Agency San Bernardino, CA
201 North "E•' Street, Third Floor
San Bernardino, CA 92401
21. 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 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.
22. Certification of Assurance
Subrecipient shall comply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully set
forth at length and made a part of this Agreement by execution of all
certifications and assurances of the CDBG program.
23. Entire A?rement
This Agreement and any document or instrument attached hereto or
referred to herein integrates all terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations and prior writing in
respect to the subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and any such document or
Instrument, the terms and conditions of the Agreement shall prevail.
24. lfo Shard Party Bmefi iaries
No third party shall be deemed to have any rights hereunder
against any of the parties hereto as a result of this Agreement.
FY 1993/1994 CDBG AGRBERM BETWnN CITY
ARD
IN WrMSS VEMOF, the parties hereto have executed this Agreement on the_
date and year first hereinabove written.
ATTEST: CITY OF SAN BERNARDINO
City Clerk By:
Toe: Minor, Mayor
City of San Bernardino
SUBRECIPIENT
Approved as to form and BY:
legal content:
resident
JAMS F. P8lQ'!AN, BY: ��
City Attorney
Secretary
By:
LJML:0397e
Rev. 6/1993
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor
and Common Council of the City of San Bernardino Resolution No. is
a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the Mayor and Common Council of the City of San Bernardino
this day of , 1993.
City Clerk
City of San Bernardino
By:
Deputy
LJML:0397e
Attachment A
i
SCOPE OF SERVICES (Description of Activities)
Thg YWCA pf Greater San Bernardino LEARN TO SWIM PROGRAM focuses
on youth development and family recreation through by providing
low income families with free swim programs. These programs
include swimming lessons, recreation swim, swim team and wet
fit classes. This program also offers programs for senior citizens
and the handipapped. Parent child classes such as Mommie and
me are offered. The full scope of low cost recreation will
defer deviant youth behaviour and provide a outlet for low income
families in San Bernardino.
PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGOR
Personal Services 11 ,000 11 ,000
Professions rvices 5;000 5,000
Capital Improvements
Totals 16.000 16,000
PROJECT SCHEDULE PROPOSED DATE ACTUAL DATE
OF COMPLETION OF COMP-11rTIOI,
Planni� Concepts N/A
—Desiffi & IItneerins
Advertisement for Bids
—Bid Open
Award of Contract
Benin
5OX Co struction
—COODIete Construction
Project Comn]&tt^n
mkc:2842J
- 1 -
CITY OF SAD BERN ABDINO
DEVBLOPKKNT DEPARTMHA'P
"Certification and Assurance"
(To Accompany CDBG Agreement)
I, Evelyn Fry, Vice Pres. Finance of the
(Name and Title of Official)
YWCA OF GREATER SAN PERNARDINO
(Name of Agency/Organization) located at
567 North Sierra Way , San Bernardino, CA
(Address of Agency/Organization) do hereby
make the following certification and assurance to accompany the
Community Development Block Grant Agreement between
the YWCA of Greater San Bernardino
(Dame of Agency/Organization) and the
City of San Bernardino:
a) Certify that the information booklet for CDBG Program requirements
' has been read and understood, and
b) Assure that the YWCA OF GREATTR, SAN BZRNARDINO
will
(Name of Agency/Organization)
comply with all governing requirements as stipulated herewith in the
performance of the CDBG Agreement.
June 29, 1993
(Signature of fficial) (Date)
Development Department (Date)
j p
AJH:mkc:2437J
RESOLUTION NUMBER
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRAD FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EASTER
SEAL SOCIETY OF INLAND COUNTIES
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
Section 1.
(a) 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 EASTER SEAL SOCIETY OF
INLAND COUNTIES, which agreement is attached hereto as Exhibit "l", and
is incorporated herein by referenced as though fully set forth at
length. The agreement provides for the granting of Community
Development Block Grant funds in the following amount of $20,000
Section 2.
(a) The Authorizations to execute the above referenced agreement
is rescinded if the parties to the agreement fail to execute it within
sixty (60) days of the passage of this Resolution.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
CDBG AGREEMENT BETWEEN THE CITY AND Easter _Seal Society of Inland Counties
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at
a meeting thereof, held on
the day of , 1993, by the following
vote, to wit:
COUNCIL MEMBERS• AYES NAYS ABSTAIN ABSENT
EDWARD V. NEGRETE
DR. F.J. CURLIN
RALPH HERNANDEZ
DAVID OBERHELMAN
VACANT
VALERIE POPE-LUDLAM
NORINE MILLER
City Clerk
The foregoing resolution is hereby approved this day
of , 1993.
Tom Minor, Mayor
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
0397e
A G R E E M E N T
THIS AGREEMENT is entered into effective as of the , at
San Bernardino, California, between the City OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and EASTER SEAL SOCIETY OF INLAND
COUNTIES, a nonprofit community service organization, referred to as
"Subrecipient". City and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance from City for
fiscal year 1993/1994 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 services to traumatic brain injury survivors and their
families through counseling and programs, all of which are 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.
(c) Subrecipient will comply with applicable uniform
administrative requirements, as described in 24 CFR, Part 570.502.
(d) Subrecipient will carry out each activity, program and/or
project in compliance with all federal laws and regulations as set forth in 24
CFR, Part 570, with the following exceptions, (i) the Subrecipient
does not assume the environmental responsiblities of the Grantee as described
in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the
Grantee's responsiblities for initiating the review process under Executive
Order Number 12372.
(e) Subrecipient will comply with the requirements set forth in
the Uniform Relocation Assistance and Real Property Acquisition Policy Act of
1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal
regulations when attempting to or acquiring any building or parcel of land.
Subrecipient will be required to obtain written approval from the Executive
Director of the Development Department prior to any activity taking place
within the confines of URA 49 CFR, Part 24, as amended.
2. Payments.
City shall reimburse Subrecipient for allowable costs incurred
under the scope of this Agreement and applicable Federal regulations, which
have not been paid for or reimbursement will be made at least on a monthly
basis, with the total of all such reimbursements not to exceed $20,000.
3. Term,
This Agreement shall 'commence July 1, 1993, and terminate r
1994.
r 4. Use of Funds; Budget; Travel Limitation
(a) The funds paid to Subrecipient shall be used by it solely for
the purposes set forth in Paragraph 1(b) of this Agreement, and in accordance
with the program budget submitted by Subrecipient to the City of San
Bernardino Community Development Department, a copy of which is attached to
this Agreement as Exhibit "B". This budget shall list all sources of funding
for the program covered by this Agreement, whether from State, Federal, local
or private sources, and shall identify which sources are paying for which
specific portions of the program, by line-item, to the extent practicable.
(b) No travel expenses for out-of-state travel shall be included
in this program unless specifically listed in the budget as submitted and -
approved, and all travel expenses to be funded from funds provided hereunder
shall be specifically identified as travel expense, which shall be negotiated
between the City of San Bernardino Development Department and Subrecipient as
listed in the budget. Any travel expenses incurred by Subrecipient above the
budgeted amount or for out-of-state travel shall not be eligible for
reimbursement unless the prior written approval of the Executive Director of
Development Department of the City of San Bernardino, or designee, has been
obtained.
(c) Funds shall be used for purposes authorized by the Community
Development Block Grant Program only, and no portion of the funds granted
hereby shall be used for any purpose not specifically authorized by this
Agreement.
(d) Only net payroll shall be periodically reimbursed by City as
an allowable cost. Any amounts withheld by Subrecipient from an employee's
pay for taxes, social security, or other withholdings and not actually paid
over to another entity, shall not be included as wages or expenses eligible
for reimbursement as an allowable cost until such time as the withheld taxes,
social security, or other withholding are immediately paid over to another
entity entitled to such payment. Upon such payment and the submission of
evidence of such payment to the City of San Bernardino Development Department,
such expenses shall be regarded as an allowable cost, and the City shall
reimburse Subrecipient for such obligation.
(e) Subrecipient shall be allowed, with the prior written approval
to the budget during the first three (3) quarters of the fiscal year, so
long as Subrecipient is in compliance with Section 992" of this Agreement at
the time of submission of the budget modification request. A variation in the
itemization of costs, as set forth in the proposed budget submitted to City,
not to exceed ten percent (10X) as to any particular line item, shall be
allowed, provided that the prior written approval of the Executive Director of
the Development Department of the City of San Bernardino is obtained, it being
understood that the total amount of the grant shall not be varied thereby.
(f) The parties intend that grant funds be utilized within the
time period covered by this Agreement, and entitlement to any funds not
expended or obligated shall revert to the City. No reserve for the future
shall be established with the funds except as may be authorized to meet
commitments made for services provided during the period of this Agreement,
but not yet paid for at the conclusion of this Agreement.
(g) Subrecipient shall remain in compliance with all state,
federal and local laws prior to the receipt of any reimbursement hereunder.
This includes, but is not limited to, all laws and regulations relative to the
form of organization, local business licenses and any laws and regulations
specific to the business and activity carried out by Subrecipient.
Reimbursement shall not be made to c>>brecipient whir-,' ' not operating in
compliance with all applicable laws. Reimbursements may be subsequently paid,
at the direction of the Executive Director of the Development Department for
reimbursement costs incurred during the period when compliance is achieved
before expiration of this Agreement.
5. Accounting; Audit
(a) Prior to the final payment under this Agreement, and at such
other times as may be requested by the Executive Director of the Development
Department of the City of San Bernardino, Subrecipient shall submit to the
Director an accounting of the proposed and actual expenditures of all revenues
from whatever source accruing to the organization for the fiscal year ending
June 30, 1994.
(b) Financial records shall be maintained by Subrecipient in
accordance with Generally Accepted Accounting Principles, and in a manner
which permits City to trace the expenditures of funds to source
documentation. All books and records of subrecipient are to be kept open for
inspection at any time during the business day by the City, its officers or
agents, and by any representative of the United States of America authorized
to audit community development block grant programs.
(c) Standards for financial management systems and financial
reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be
fully complied with by Subrecipient. Subrecipient acknowledges that the funds
provided are federal funds.
(d) Subrecipient's financial management system shall provide for
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 all assets of the program, and Subrecipient shall
assure that they are used solely for authorized p,lrpo-rs,
6. Services Available to Residents; l itorintt and Ret)ortinx
Proitram 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". Ro person shall be denied service because of race, color,
national origin, creed, religion, 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
Executive Director of the Development Department of the City of San
Bernardino, in accordance with 24 CFR, Part 85.41(c)(d) and Part 85.21.
Failure to provide such quarterly performance reports may prevent the _
processing by City of Subrecipient's requests for reimbursement, and may
Justify temporary withholding as provided for in Paragraph "11" hereof. City
reserves the right to waive such breach, without prejudice to any other of its
rights hereunder, upon a finding by the Executive Director of the Development
Department that such failure was due to extraordinary circumstances and that
such breach has been timely cured without prejudice to the City.
7. Procurement Practies; Conflict of Interest
Subrecipient shall comply with procurement procedures and
guidelines established by 24 CFR, Part 85.36(d)(1), Subrecipient "Procurement
Standards". In addition to the specific requirements of 24 CFR, Part 85,
Subrecipient shall maintain a code or standards of conduct which shall govern
the performance of its officers, employees or agents in contracting with and
expending the federal grant funds made available to Subrecipient under this
Agreement. Subrecipient's officers, employees or agents shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors
or potential contractors. To the extent permissible by state law, rules, and
regulations, the standards adopted by Subrecipient shall provide for
penalties, sanctions or other disciplinary actions to be applied for
violations of such standards by either the Subrecipients's officers, employees
or agents, or by contractors or their agents. Subrecipient shall provide a
copy of the code or standards adopted to City forthwith. All procurement
transactions without regard to dollar value shall be conducted in a manner so
as to provide maximum open and free competition. The Subrecipient shall be
alert to organizational conflicts of interest or non-competitive practices
among contractors which may restrict or eliminate competition or otherwise
restrain trade. Subrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR Section 570.611 and to the procurement rules
specified in 24 CFR, Part 85.36, in its expenditure of all funds received -
under this Agreement.
8. Anti-Kick Back Provisions; 8aual Employment Opportunity.
All contracts for construction or repair using funds provided under
this Agreement shall include a provision for compliance with the Copeland
"Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor
Regulations (29 CFR, Part 3). This Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public work, to give up
any part of the compensation to which he/she is, otherwise entitled.
Subrecipient shall report all suspected or reported violations to City. All
contracts in excess of $10,000.00 entered into by Subrecipient using funds
' provided under this Agreement shall contain a provision requiring compliance
with Equal Employment Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevailing Waite Reoui'rement
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. 276(a) to 276(a)(7)) and as
supplemented by Department of Labor Regulations (29 CFR). Under this act,
contractors shall be required to pay wages to laborers and mechanics at a rate
not less than the minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall place a copy of the
current prevailing wage determination issued by the Department of Labor in
each solicitation and the award of a contract shall be conditioned upon the
acceptance of the wage determination. Subrecipient shall report all suspected
or reported violations to City.
10. Approval of City of any Charges; IIse of Program Income
(a) City hereby requires Subrecipient to notify the City in
writing, of its intent to charge a fee for any service, the provision of which
is assisted pursuant to the Agreement. City requires Subrecipient to obtain
the prior written approval of City for any charges or fees to be charged by
Subrecipient for such services, and of any rules and regulations governing the
provision of services hereunder.
(b) Program income represents gross income received by the
Subrecipient directly generated from the use of funds provided hereunder.
Such earnings include interest earned on advances and may include, but will
not be limited to, income from service fees, sale of commodities, usage and
rental fees for real or personal property using the funds provided by this
Agreement. As to such income, it shall be first applied to eligible program
activities, before requests for reimbursement and, in the use, shall be
subject to all applicable provisions of this Agreement. Income not so applied
shall be remitted to City. Subrecipient shall remit all unspent program
income to the City within thirty (30) days subsequent to the end of the
program year (June 30, 1994).
11. TemDora 7 Withholding
The Executive Director of the Development Department of the City of
San Bernardino is authorized to temporily withhold the payment of funds to
Subrecipient 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 Executive Director. Subrecipient shall have the right to
appeal the decision of the Executive Director to the Mayor and Common
Council. The sole grounds for such appeal shall be that no violation of the
Agreement has occurred. Subrecipient shall file such appeal within fifteen
(15) days after such first withholding. The Mayor and Common Council shall
set a date for the hearing of such appeal which is within thirty (30) days-
following the date of filing.
12. Records Retention
Financial records, supporting documents, statistical records, and
all other records pertaining to the use of the funds provided under this
Agreement shall be retained by Subrecipient for a period of three (3) years,
at a minimum, and in the event of litigation, claim or audit, the records
shall be retained until all litigation, claim or audit findings involving the
records, have been fully resolved. Records for non-expendable property
acquired with federal funds provided under this. Agreement shall be retained
for three (3) years after the final disposition of such property.
13. Property Management Standards
Non-expendable personal property, for the purposes of this
Agreement, is defined as tangible personal property, purchased in whole or in
part with federal funds, which has useful life of more than one (1) year and
an acquisition cost of one-thousand dollars ($1,000.00) or more per unit.
Real property means land, including land improvements, structures and
appurtenances thereto, excluding movable machinery and equipment.
Non-expendable personal property and real property purchased with or improved
by funds provided under this Agreement shall be subject to the property
management standards set forth in 24 CFR, Part 85.32.
14. Termination for Cause,
(a) City reserves the right to terminate this Agreement in
accordance with 24 CFR, Part 85.43, and any and all grants and future payments
under this Agreement, in whole or in part, at any time before the date of
completion of this Agreement whenever City determines that the Subrecipient
has materially failed to comply with the terms and conditions of this
Agreement. In the event 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.
(b) In the event of any termination whether for cause or for
convenience, Subrecipient shall forthwith provide to the Development
Department any and all documentation needed by the Development Department to
establish a full record of all monies received by Subrecipient and to document
the uses of same.
15. Termination for Convenience
City or Subrecipient may terminate this Agreement in whole or in
part provided both parties agree that the continuation of the project would
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 tie case of partial
terminations, the portion to be terminated. The Subrecipient shall not incur
new obligations for the terminated portion after the effective date and shall
cancel as many outstanding obligations as
Possible. City shall allow
Subrecipient full credit for the City's share of the non-cancellable
obligations properly incurred by the Subrecipient prior to termination.
16. Reversion of Assets
Subrecipient agrees that upon expiration of this Agreement, the
Subrecipient shall transfer to the City any and all CDBG funds not used at the
time of expiration and any accounts receivable attributable to the use of CDBG
funds. Subrecipient agrees that any real property under its control, which
was acquired or improved, in whole or in part, with CDBG funds in excess of
$500.00 shall either, (i) be used to meet one (1) of the three (3) national
objectives as set forth in 24 CFR, Part 570.208 until five (5) years after
expiration of the Agreement or such period of time as determined appropriate
by the City, or; (ii) is disposed of in a manner which results in the City
being reimbursed in the amount of the current fair market value of the
property less any portion thereof attributable to expenditure of, or
improvement to, the property by Subrecipient. Such reimbursement is not
required after the period of time specified in "i" above.
17. Hold Harmless
Subrecipient agrees to indemnify', save and hold harmless the City and the
Development Department and their employees and agents from all liabilities a^:
charges, expenses (including counsel fees), suits or losses, however
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
and the Development Department are not involved in the performance of services
or other activities of the Subrecipient. Subrecipient and its employees and
agents are independent contractors and not employees or agents of City and the
Development Department.
18. Amendment,
This Agreement may be amended or modified only by written agreement
signed by both parties, and failure on the part of either party to enforce any
provision of this Agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
19. Assignment.
This Agreement shall not be assigned by Subrecipient without the
prior written consent of City.
20. Notices.
All notices herein required shall be in writing and delivered in
person or sent certified mail, postage prepaid, addressed as follows:
As to City: As to Subrecipient
KENNETH J. HENDERSON EASTER SEAL SOCIETY
Executive Director OF INLAND COUNTIES
Development Department 241 E. Ninth Street
Economic Development Agency San Bernardino, CA
201 North "E" Street, Third Floor
San Bernardino, CA 92401
21. 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 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.
22. Certification of Assurance
Subrecipient shall comply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully set
forth at length and made a part of this Agreement by execution of all
certifications and assurances of the CDBG program.
23. Entire Agreement
This Agreement and any document or instrument attached hereto or
referred to herein integrates all terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations and prior writing in
respect to the subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and any such document or
instrument, the terms and conditions of the Agreement shall prevail.
24. No Third Party Beneficiaries
Po third party shall be deemed to have any rights hereunder
against any of the parties hereto as a result of this Agreement.
FY 1993/1994 CDBG AGREEMENT BETWEEN CITY
AND
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the_
date and year first hereinabove written.
ATTEST: CITY OF SAN BERNARDINO
By:
City Clerk Tom Minor, Mayor
A Bernardino
Approved as to form and
legal content: i t JAMS F. PENMAN,City Attorney ecret y
By:
LJML:0397e
Rev. 6/1993
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) as
CITY OF SAN BERNARDINO )
I, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor
and Common Council of the City of San Bernardino Resolution No. is
a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the Mayor and Common Council of the City of San Bernardino
this day of , 1993.
City Clerk
City of San Bernardino
By:
Deputy
LJML:0397e
Q
JUL-1J-�J Ut 10-u1 ut Vr-LurrinI otrI, rHX NU, 114db4�4d4
CITY OF So BmABDImo
DEVBLOPKE'RT DEPA&TMKRT
"Certification and Assurance"
(To Accompany CDBC Agreement)
I Brian Bost , CEO , of the
(Name and Title of Official)
Easter Seal Society of the Inland Counties located at
(Name of Agency/Organization)
241E . Ninth Street , San Bernardino do hereby
(Address of Agency/Organization)
make the following certification and assurance to accompany the
Community Development Block Grant Agreement between
Easter Seal Society of the Inland Counties and the
(Name of Agency/Organization)
City of San Bernardino:
a) Certify that the information booklet for CDBG Program requirements
has been read and understood, and
b) Assure that the _Easter Seal Society of the Inland Counties will
(Dame of Agency/Organization)
comply with all governing requirements as stipulated herewith in the
performance of the CDBG Agreement.
7//3 I :?
(Signature of Official) (Date)
Development Department (Date)
AJH:mkc:2437J
Attachment A
SCOPE OF SERVICES (Description of Activities)
The Head Injury Services program at the Easter Seal Society provides
several programs for head injury survivors, their families and
friends, including: monthly general head injury support group and
caregivers meetings , weekly group counceling session, Day Activity
program two days per week, library of patient materials from the
14ational Head Injury Society and others, information and referral
service three .days per week.
PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY
Personal Se-vices --15,400
Professional Services 4,600
Ca ital Improvem ents
Totals $20 , 000
PROPOSED DATE
v ' witLliuii OF COMPLETION
Planning Conceits
Design & BaAineerinA
—Advertisement for Bids
Bid-Open
Avard Of Contract
Begin Construction
—SOx Construction
Com lete Construction
P o ect Com letion
mkc:2a42J
ATTACHMENT "B"
B. ) To be accomplished with the requested funds
The Inland Area Head Injury Support Group at Easter Seals utilizes
the CDBG funding to provide services to Traumatic Brain Injury
Survivors and their families, caregivers and friends . The above
mentioned services include:
1 . Provide weekly survivor group counseling (24-35 individuals)
meeting conducted by a contracted neuropsychologist, William
Britt, III , Ph. D.
2. Provide individual and family counseling services on an appointment
basis and available for emergencies.
3. Provide monthly general head injury support group meetings
for survivors, families and friends. These meetings provide
the attendees with information from experts in various fields,
socialization and participation skills and Head Injury
Foundation news, in a friendly comfortable atmosphere.
4. Provide monthly head injury caregiver support group meetings
where information and experiences are shared with attendees.
5. Provides a Day Activity Program, twice a week for six hours a
day. This program provides respite for the caregiver and cognitive,
visual and physical exercises for the survivor.
6. Provides referral of the survivor that shows promise for possible
employment to the Easter Seal Society "Heading Back to Work Program".
When necessary this program provides speech assessments.
7. Provides a library of Head Injury related written materials
(books, articles, etc. ) and video cassettes . An on-site
is available iu1 ,fie CI lc ii and Yaiin iy ;, uSe.
8. Participants in the Head Injury Support Group may also participate
in special trips, special events (Holiday parties) , the pool and social
recreation program.
9. Many of the Head Injured are assisted in their access to the
programs by using the Easter Seal van for transportation.
The transportation part of the program is paid for with Easter
Seal funds.
10. Rights. and responsibilities in relation to the Americans With
Disabilities Act are explained to survivors and caregivers.
0
A G R I E M E N T
THIS AGREEMENT is entered into effective as of the , at
San Bernardino, California, between the City OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and INLAND MEDIATION BOARD, INC., a
nonprofit community service organization, referred to as "Subrecipient". City
and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance from City for
fiscal year 1993/1994 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 the implementation of recommendations of the Fair
Housing Analysis and implementation of the activities of fair housing
enforcement, education and outreach services, all of which are 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.
(c) Subrecipient will comply with applicable uniform
administrative requirements, as described in 24 CFR, Part 570.502.
(d) Subrecipient will carry out each activity, program and/or
project in compliance with all federal laws and regulations as set forth in 24
CFR, Part 570, with the following exceptions, (i) the Subrecipient
does not assume the environmental responsiblities of the Grantee as described
in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the
Grantee's responsiblities for initiating the review process under Executive
Order Number 12372.
(e) Subrecipient will comply with the requirements set forth in
the Uniform Relocation Assistance and Real Property Acquisition Policy Act of
1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal
regulations when attempting to or acquiring any building or parcel of land.
Subrecipient will be required to obtain written approval from the Executive
Director of the Development Department prior to any activity taking place
within the confines of URA 49 CFR, Part 24, as amended.
2. Payments.
City shall reimburse Subrecipient for allowable costs incurred
under the scope of this Agreement and applicable Federal regulations, which
have not been paid for or reimbursement will be made at least on a monthly
basis, with the total of all such reimbursements not to exceed $22,144.
3. Term,
This Agreement shall commence July 1, 1993, and terminate ➢ 0600.
.Y, 1994.
4. Use of Funds; Budget; Travel Limitations
(a) The funds paid to Subrecipient shall be used by it solely for
the purposes set forth in Paragraph 1(b) of this Agreement, and in accordance
with the program budget submitted by Subrecipient to the City of San
Bernardino Community Development Department, a copy of which is attached to
this Agreement as Exhibit "B". This budget shall list all sources of funding
for the program covered by this Agreement, whether from State, Federal, local
or private sources, and shall identify which sources are paying for which
specific portions of the program, by line-item, to the extent practicable.
(b) No travel expenses for out-of-state travel shall be included
in this program unless specifically listed in the budget as submitted and -
approved, and all travel expenses to be funded from funds provided hereunder
shall be specifically identified as travel expense, which shall be negotiated
between the City of San Bernardino Development Department and Subrecipient as
listed in the budget. Any travel expenses incurred by Subrecipient above the
budgeted amount or for out-of-state travel shall not be eligible for
reimbursement unless the prior written approval of the Executive Director of
Development Department of the City of San Bernardino, or designee, has been
obtained.
(c) Funds shall be used for purposes authorized by the Community
Development Block Grant Program only, and no portion of the funds granted
hereby shall be used for any purpose not specifically authorized by this
Agreement.
(d) Only net payroll shall be periodically reimbursed by City as
an allowable cost. Any amounts withheld by Subrecipient from an employee's
pay for taxes, social security, or other withholdings and not actually paid
over to another entity, shall not be included as wages or expenses eligible
for reimbursement as an allowable cost until such time as the withheld taxes,
social security, or other withholding are immediately paid over to another
entity entitled to such payment. Upon such payment and the submission of
evidence of such payment to the City of San Bernardino Development Department,
such expenses shall be regarded as an allowable cost, and the City shall
reimburse Subrecipient for such obligation.
(e) Subrecipient shall be allowed, with the prior written approval
to the budget during the first three (3) quarters of the fiscal year, so
long as Subrecipient is in compliance with Section 012" of this Agreement at
the time of submission of the budget modification request. A variation in the
itemization of costs, as set forth in the proposed budget submitted to City,
not to exceed ten percent (10X) as to any particular line item, shall be
allowed, provided that the prior written approval of the Executive Director of
the Development Department of the City of San Bernardino is obtained, it being
understood that the total amount of the grant shall not be varied thereby.
(f) The parties intend that grant funds be utilized within the
time period covered by this Agreement, and entitlement to any funds not
expended or obligated shall revert to the City. No reserve for the future
shall be established with the funds except as may be authorized to meet
commitments made for services provided during the period of this Agreement,
but not yet paid for at the conclusion of this Agreement.
(g) Subrecipient shall remain in compliance with all state,
federal and local laws prior to the receipt of any reimbursement hereunder.
This includes, but is not limited to, all laws and regulations relative to the
form of organization, local business licenses and any laws and regulations
specific to the business and activity carried out by Subrecipient.
Reimbursement shall not be made to Subrecipient which is not operating in
compliance with all applicable laws. Reimbursements may be subsequently paid,
at the direction of the Executive Director of the Development Department for
reimbursement costs incurred during the period when compliance is achieved
before expiration of this Agreement.
5. Accountinx; Audit
(a) Prior to the final payment under this Agreement, and at such
other times as may be requested by the Executive Director of the Development
Department of the City of San Bernardino, Subrecipient shall submit to the
Director an accounting of the proposed and actual expenditures of all revenues
from whatever source accruing to the organization for the fiscal year ending
June 30, 1994.
(b) Financial records shall be maintained by Subrecipient in
accordance with Generally Accepted Accounting Principles, and in a manner
which permits City to trace the expenditures of funds to source
documentation. All books and records of subrecipient are to be kept open for
inspection at any time during the business day by the City, its officers or
agents, and by any representative of the United States of America authorized
to audit community development block grant programs.
(c) Standards for financial management systems and financial
reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be
fully complied with by Subrecipient. Subrecipient acknowledges that the funds
provided are federal funds.
(d) Subrecipient's financial management system shall provide for
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 all assets of the program, and Subrecipient shall
assure that they are used solely for authorized purposes.
6. Services Available to Res idents• Moni toring and Reporting
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, religion, 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
Executive Director of the Development Department of the City of San
Bernardino, in accordance with 24 CFR, Part 85.41(c)(d) and Part 85.21.
Failure to provide such quarterly performance reports may prevent the
processing by City of Subrecipient's requests for reimbursement, and may
justify temporary withholding as provided for in Paragraph "11" hereof. City
reserves the right to waive such breach, without prejudice to any other of its
rights hereunder, upon a finding by the Executive Director of the Development
Department that such failure was due to extraordinary circumstances and that
such breach has been timely cured without prejudice to the City.
7. Procurement Practies• Conflict of Interest
Subrecipient shall comply with procurement procedures and
guidelines established by 24 CFR, Part 85.36(d)(1), Subrecipient "Procurement
Standards". In addition to the specific requirements of 24 CFR, Part 85,
Subrecipient shall maintain a code or standards of conduct which shall govern
the performance of its officers, employees or agents in contracting with and
expending the federal grant funds made available to Subrecipient under this
Agreement. Subrecipient's officers, employees or agents shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors
or potential contractors. To the extent permissible by state law, rules, and
regulations, the standards adopted by Subrecipient shall provide for
penalties, sanctions or other disciplinary actions to be applied for
violations of such standards by either the Subrecipients's officers, employees
or agents, or by contractors or their agents. Subrecipient shall provide a
copy of the code or standards adopted to City forthwith. All procurement
transactions without regard to dollar value shall be conducted in a manner so
as to provide maximum open and free competition. The Subrecipient shall be
alert to organizational conflicts of interest or non-competitive practices
among contractors which may restrict or eliminate competition or otherwise
restrain trade. Subrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR Section 570.611 and to the procurement rules
specified in 24 CFR, Part 85.36, in its expenditure of all funds received -
under this Agreement.
8. Anti-Rick Back Provisions; Equal Employment Opportunity
All contracts for construction or repair using funds provided under
this Agreement shall include a provision for compliance with the Copeland
"Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor
Regulations (29 CFR, Part 3). This Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public work, to give up
any part of the compensation to which he/she is otherwise entitled.
Subrecipient shall report all suspected or reported violations to City. All
contracts in excess of $10,000.00 entered into by Subrecipient using funds
provided under this Agreement shall contain a provision requiring compliance
with Equal Employment Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevailinit Waite 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. 276(x) to 276(x)(7)) and as
supplemented by Department of Labor Regulations (29 CFR). Under this act,
contractors shall be required to pay wages to laborers and mechanics at a rate
not less than the minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall place a copy of the
current prevailing wage determination issued by the Department of Labor in
each solicitation and the award of a contract shall be conditioned upon the
acceptance of the wage determination. Subrecipient shall report all suspected
or reported violations to City.
10. Avproval of Cit9 of any Charges, Use of Program Income
(a) City hereby requires Subrecipient to notify the City in
writing, of its intent to charge a fee for any service, the provision of which
is assisted pursuant to the Agreement. City requires Subrecipient to obtain
the prior written approval of City for any charges or fees to be charged by
Subrecipient for such services, and of any rules and regulations governing the
provision of services hereunder.
(b) Program income represents gross income received by the
Sub recipient directly generated from the use of funds provided hereunder.
Such earnings include interest earned on advances and may include, but will
not be limited to, income from service fees, sale of commodities, usage and
rental fees for real or personal property using the funds provided by this
Agreement. As to such income, it shall be first applied to eligible program
activities, before requests for reimbursement and, in the use, shall be
subject to all applicable provisions of this Agreement. Income not so applied
shall be remitted to City. Subrecipient shall remit all unspent program
income to the City within thirty (30) days subsequent to the end of the
program year (June 30, 1994).
11. Temporary Withholding:
The Executive Director of the Development Department of the City of
San Bernardino is authorized to temporily withhold the payment of funds to
Subrecipient 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 Executive Director. Subrecipient shall have the right to
appeal the decision of the Executive Director to the Mayor and Common
Council. The sole grounds for such appeal shall be that no violation of the
Agreement has occurred. Subrecipient shall file such appeal within fifteen
(15) days after such first withholding. The Mayor and Common Council shall
set a date for the hearing of such appeal which is within thirty (30) days-
following the date of filing.
12. Records Retention
Financial records, supporting documents, statistical records, and
all other records pertaining to the use of the funds provided under this
Agreement shall be retained by Subrecipient for a period of three (3) years,
at a minimum, and in the event of litigation, claim or audit, the records
shall be retained until all litigation, claim or audit findings involving the
records, have been fully resolved. Records for non-expendable property
acquired with federal funds provided under this Agreement shall be retained
for three (3) years after the final disposition of such property.
13. Property Management Standards
Non-expendable personal property, for the purposes of this
Agreement, is defined as tangible personal property, purchased in whole or in
part with federal funds, which has useful life of more than one (1) year and
an acquisition cost of one-thousand dollars ($1,000.00) or more per unit.
Real property means land, including land improvements, structures and
appurtenances thereto, excluding movable machinery and equipment.
Non-expendable personal property and real property purchased with or improved
by funds provided under this Agreement shall be subject to the property
management standards set forth in 24 CFR, Part 85.32.
14. Termination for Cause
(a) City reserves the right to terminate this Agreement in
accordance with 24 CFR, Part 85.43, and any and all grants and future payments
under this Agreement, in whole or in part, at any time before the date of
completion of this Agreement whenever City determines that the Subrecipient
has materially failed to comply with the terms and conditions of this
Agreement. In the event 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.
(b) In the event of any termination whether for cause or for
convenience, Subrecipient shall forthwith provide to the Development
Department any and all documentation needed by the Development Department to
establish a full record of all monies received by Subrecipient and to document
the uses of same.
15. Termination for Convenience
City or Subrecipient may terminate this Agreement in whole or in
part provided both parties agree that the continuation of the project would
not produce beneficial results commensurate with further expenditure of
funds. In such event, the parties shall agree upon the termination
conditions, including the effective date and, in the case of partial
terminations, the portion to be terminated. The Subrecipient shall not incur
new obligations for the terminated portion after the effective date and shall
cancel as many outstanding obligations as possible. City shall allow
Subrecipient full credit for the City's share of the non-cancellable
obligations properly incurred by the Subrecipient prior to termination.
16. Reversion of Assets
Subrecipient agrees that upon expiration of this Agreement, the
Subrecipient shall transfer to the City any and all CDBG funds not used at the
time of expiration and any accounts receivable attributable to the use of CDBG
funds. Subrecipient agrees that any real property under its control, which
was acquired or improved, in whole or in part, with CDBG funds in excess of
$500.00 shall either, (i) be used to meet one (1) of the three (3) national
objectives as set forth in 24 CYR, Part 570.208 until five (5) years after
expiration of the Agreement or such period of time as determined appropriate
by the City, or; (ii) is disposed of in a manner which results in the City
being reimbursed in the amount of the current fair market value of the
property less any portion thereof attributable to expenditure of, or
improvement to, the property by Subrecipient. Such reimbursement is not
required after the period of time specified in "i" above.
17. $old Harmless
Subrecipient agrees to indemnify, save and hold harmless the City and the
Development Department and their employees and agents from all liabilities and
charges, expenses (including counsel fees), suits or losses, however
occurring, or damages, arising or growing out of the use of or receipt of
funds paid under this Agreement and all operations under this Agreement.
Payments under this Agreement are made with the understanding that the City
and the Development Department are not involved in the performance of services
or other activities of the Subrecipient. Subrecipient and its employees and
agents are independent contractors and not employees or agents of City and the
IL J
Development Department.
18. Amendment.
This Agreement may be amended or modified only by written agreement
signed by both parties, and failure on the part of either party to enforce any
provision of this Agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
19. Assignment,
This Agreement shall not be assigned by Subrecipient without the
prior written consent of City.
20. Notices.
All notices herein required shall be in writing and delivered in
person or sent certified mail, postage prepaid, addressed as follows:
As to City: As to Subrecipient
KENNETH J. HENDERSON INLAND MEDIATION BOARD, INC.
Executive Director 420 N. Lemon Street
Development Department Ontario, CA
Economic Development Agency
201 North "E" Street, Third Floor
San Bernardino, CA 92401
21. 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 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.
22. Certification of Assurance
Subrecipient shall comply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully set
forth at length and made a part of this Agreement by execution of all
certifications and assurances of the CDBG program.
23. Entire Agreement
This Agreement and any document or instrument attached hereto or
referred to herein integrates all terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations and prior writing in
respect to the subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and any such document or
instrument, the terms and conditions of the Agreement shall prevail.
24. No Third Party Beneflwlskriee
No third party shall be deemed to have any rights hereunder
against any of the parties hereto as a result of this Agreement.
FY 1993/1994 CDBG AGRSNffiR BETWEEN CITY
AND
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the_
date and year first hereinabove written.
ATTEST: CITY OF SAME BERNARDINO
BY:
Clerk • Too Minor, Mayor
City of San Bernardino
SUBRECIPIENT
Approved as to form and By: c �z
legal content: Presid t
JAMES F. PENMAN, B r
City Attorney S retary
By:
LJML:0397e
Rev. 6/1993
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) sa
CITY OF SAN BERNARDINO )
I, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor
and Common Council of the City of San Bernardino Resolution No. is
a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the Mayor and Common Council of the City of San Bernardino
this day of , 1993.
City Clerk
City of San Bernardino
By:
Deputy
LJML:0397e
Attachment A
SCOPE OF SERVICES (Description of Activities)
PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY
Personal Services
Professional Services
Capital Improvements
Totals
PROPOSED DATE ACTUAL DATE
PROJECT SCHEDULE OF COMPLETION OF COMPLETION
Planning Concepts
D sijtn & Enitineering
Advertisement for Bids
Bid Open
Award of Contract
Be in Construction
50'A Construction
Cow lete Construction
ro ect Completion
mkc:2842J
- 1 -
CDBG PROPOSAL APPLICATIO"
Page —5—
VII. Certification
The undersigned certifies that:
a) The information contained in the project proposal is complete and
accurate;
b) The sponsor shall comply With all federal and City policies and
requirements affecting the CDBG program;
c) If the project is a facility, the sponsor shall maintain and operate
the facility for its approved use throughout its economic life; and
d) Sufficient funds are available to complete the project as described,
if CDBG funds are approved.
June 28, 1993
Signature, A horized Official Date
John McGrath, Chairperson June 28, 1993
(Type Name and Title) Date
'' Development Department Date
INLAND MEDIATION BOARD'S FAIR HOUSING PROGRAM
Three areas of service are provided, they are:
Mediation
Outreach
Education
SCOPE OF SERVICES
Education
Public
1. Free public area workshops are held twice a year.
2. Participate in area-wide Junior High and Senior High
Schools Inter - Racial Unity Activities.
Property Owners
1. Apartment Owners Association CAM courses on Fair Hous-
ing.
2. Quarterly Fair Housing Newsletter distributed to all
property owners updating recent court decisions and
other related activities on fair housing legislation.
3. Participate in general workshop or special events for
the property owners.
4 . Disseminate fair, housing posters for business offices.
Mobi ehome Park Owners/Residents
1. Provide workshops on HR1158 (Fair Housing Law) .
Municipality
1 . Provide fair housing seminars or appropriate staff to
update the current laws and decisions.
2. Provide technical assistance on housing issues.
Outreach
1. Mass media
a. Radio
(1) Spanish - regular live hours shows KNSE-AM,
A JON
KCAL- AM, KDIF-AM.
EXHIBIT
( 2) Public announcements for Fair Housing work-
shops in all countywide stations.
b. Television
(1) Guest spots on local cable interview shows.
( 2) Public announcements for Fair Housing work-
shops in most countywide cable stations.
C. Newspapers
( 1) Advertising for fair housing workshops.
(2) Feature stories on fair housing month.
(3) Community services articles.
(4) Housing Associations journal articles/adver-
tising.
d. Public appearances
(1) Service clubs
(2) Provide presentations to any civic or private
agencies.
e. Brochure distribution
(1) Twice a year - sent to public and private
agencies for client dissemination.
Mediation
A. Counsel complaining individuals with housing problems
their civil rights under both the Federal and State
Fair Housing law.
B. Accepting complaints from individuals alleging discrim-
ination in housing.
C. Making an effort to negotiate or mediate cases of
discrimination in housing and if unsuccessful refer
cases to the State Department of Fair Employment and
EXHIBIT
Housing, HUD Fair Housing, or appropriate attorneys.
Administration
A. Hiring, salary, benefits, and full responsibility for
its staff;
B. Training volunteers to handle mediation sessions,
perform telephone counseling, and initiate complaint
resolution;
C. Publicizing the existence of the Board throughout the
service area;
D. Acting as referral agency for those persons who require
technical or professional information as may be
available from existing community organizations or
other institutions; and
E. Prepare monthly discrimination statistical report on
the numbers of complaints and the categories of alleged
discrimination.
F. Handling all administrative duties pertaining to ac-
crued costs of operation and paying all bills;
G. Furnishing the County,. Commission and City with a copy
of a financial audit completed within 12 months of
execution of the contract, but in no case later than
November 30, 1994.
EXHIBIT
A - 3
Inland Mediation Board
ACTIVITY DESCRIPTION
INLAND MEDIATION BOARD
This project activity is designed to complement the strategy for
increasing housing opportunities for members of minority groups ;
and female-head of households and including efforts to achieve
special deconcentration of such housing opportunities and actions
to affirmatively further fair housing.
The projected budget for Fair Housing services.
FAIR HOUSING
Projected Budget
July 1, 1993 through June 30, 1994
W' +- • tiLt .5.� f.:, .y... ..{t(1ti� ,(� ..r�..,..vy p'$ i ,. ,. 4
..:
_ 13 Y!V' Y.I. . . t + '1..- - tl- - •.!.
{ 2 2'
EXPENSES. r y `
Cit of San
Salaries Bernardino
1. .Personnel
a. Wages - 55,728 12,260
b. Fringe Benefits 10.5% 5, 851 1,287
C. Workers Comp. 1 , 500 330
Sub total 63 ,079 13 ,877
2. Consultant/Contract Service
a. Audit/Bookkeeping 2,500 550
b. Computer Maintenance 510 112
C. Copier Maintenance 510 liz
Sub total 3 ,520 774
3. Travel _ 850 187
4 . Space Rental 10,955 2,410
5. Consumable Supplies
a. General Office Supplies 2,950 649
b. Postage 2,500 550
C. Workshop 200 44
d. Training Material 500 110
6. Rental, Lease or Equipment Purchase 6 ,150 1,353
a. Computer Software/Consultant 250 55
b. Copier Leasing 11000 220
7. Insurance '1,250 275
a. Business and Property Liability 2 ,750 605
b. Personal Liability Errors and
Omissions 1 , 250 275
4
8 . Other: ,000 880
a. Telephone 10 , 000 2 , 200
10 b. Promotion and Advertising 850 X187
10, E50 2 , 387
Total $100 , 654
EXHIBIT $22 , 144
B - 1
420 N I AMnn OVCnl In 0 nnfl.i.. P`A n.7CA _ innn\ nn. n.r . _ -
Percentages are based on caseload
FAIR HOUSING
ONTARIO 13%
$13 ,085
RANCHO CUCAMONGA 9%
9 , 059
UPLAND 10%
10,065
SAN BERNARDINO 22%
22,144
COUNTY OF SAN BERNARDINO 27%
27, 177
FONTANA 12%
12 ,078
MORENO VALLEY 7%
7 , 046
TOTAL $100,654
EXHIBIT
0_n
l --
RESOLUTION NUMBER
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND
MEDIATION BOARD, INC.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
Section 1.
(a) 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 INLAND MEDIATION BOARD,
INC. , which agreement is attached hereto as Exhibit "l", and is
incorporated herein by referenced as though fully set forth at length.
The agreement provides for the granting of Community Development Block
Grant funds in the following amount of $22,144
Section 2.
(a) The Authorizations to execute the above referenced agreement
is rescinded if the parties to the agreement fail to execute it within
sixty (60) days of the passage of this Resolution.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
CDBG AGREEMENT BETWEEN THE CITY AND Inland Mediation Board Inc.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at
a meeting thereof, held on
the day of , 1993, by the following
vote, to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSEPT
EDWARD V. NEGRETE
DR. F.J. CURLIN
RALPH HERNANDEZ
DAVID OBERHELMAN
VACANT
VALERIE POPE-LUDLAM
NORINE MILLER
City Clerk
The foregoing resolution is hereby approved this day
of , 1993.
Tom Minor, Mayor
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
0397e
Attachment A
SCOPE OF SERVICES (Description of Activities)
$20,000 Grant will be utilized to:
Provide a Youth Program Cordinator (part-time), Supplies & Equipment,
and Memberships for youth to the YMCA of San Bernardino Youth/Teen
Center. The project will give youth (7-17) a place to meet new friends,
learn life skills and expand community involvment.
PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY
Personal Services
Professional Services SEE BACK OF PAGE
Capital Improvements
Totals
PROPOSED DATE ACTUAL DATE
PROJECT SCHEDULE OF COMPLETION OF COMPLETION
—Planning Concepts July
Desien & Engineering August
Advertisement for Bids
Bid Open
Award of Contract
Begin Construction
50X Construction
Complete Construction
Protect Completion
mkc:2842J
CITY OF SAN BERN MINO
DEVELOPMENT DEPARTMENT
"Certification and Assurance"
(To Accompany CDBG Agreement)
(Name and Title of Official) , of the
located at
(Name of Agency/Organization)
..?;[ -i 4,r c ��,. .t, f,,,- A"/; "e-, do hereby
(Address of Agency/Organization)
make the following certification and assurance to accompany the
Community Development Block Grant Agreement between
rI rr and the
(Name of Agency/Organization)
City of San Bernardino:
a) Certify that the information booklet for CDBG Program requirements
has been read and understood, and
b) Assure that the will
(Name of Agency/Organization)
comply with all governing requirements as stipulated herewith in the
performance of the CDBG Agreement.
(Signature of Official) -- -Oate)
Development Department (Date)
AJH:mkc:2437J
r
RESOLUTION NUMBER
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
MEADOWBROOK AMATEUR BOXING ACADEMY
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
Section 1.
(a) 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 MEADOWBROOK AMATEUR
BOXING ACADEMY, which agreement is attached hereto as Exhibit "111, and
is incorporated herein by referenced as though fully set forth at
length. The agreement provides for the granting of Community
Development Block Grant funds in the following amount of $15,064.70
Section 2.
(a) The Authorizations to execute the above referenced agreement
is rescinded if the parties to the agreement fail to execute it within
sixty (60) days of the passage of this Resolution.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
CDBG AGREEMENT BETWEEN THE CITY AND Meadowbrook Amateur Boxing Academy
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at
a meeting thereof, held on
the day of , 1993, by the following
vote, to wit:
COUNCIL MEMBERS: AYES MAYS ABSTAIN ABSENT
EDWARD V. NEGRETE
DR. F.J. CURLIN
RALPH HERNANDEZ
DAVID OBERHELMAN
VACANT
VALERIE POPE-LUDLAM
NORINE MILLER
City Clerk
The foregoing resolution is hereby approved this day
of , 1993.
Tom Minor, Mayor
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
0397e
A G R E E M E N T
THIS AGREEMENT is entered into effective as of the , at
San Bernardino, California, between the City OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and MEADOWBROOR AMATEUR BORING ACADEMY,
a nonprofit community service organization, referred to as "Subrecipient".
City and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance from City for
fiscal year 1993/1994 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 gym equipment and instructors for under privileged
youths, all of which are 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.
(c) Subrecipient will comply with applicable uniform
administrative requirements, as described in 24 CFR, Part 570.502.
(d) Subrecipient will carry out each activity, program and/or
project in compliance with all federal laws and regulations as set forth in 24
CFR, Part 570, with the following exceptions, (i) the Subrecipient
does not assume the environmental responsiblities of the Grantee as described
in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the
Grantee's responsiblities for initiating the review process under Executive
Order Number 12372.
(e) Subrecipient will comply with the requirements set forth in
the Uniform Relocation Assistance and Real Property Acquisition Policy Act of
1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal
regulations when attempting to or acquiring any building or parcel of land.
Subrecipient will be required to obtain written approval from the Executive
Director of the Development Department prior to any activity taking place
within the confines of URA 49 CFR, Part 24, as amended.
2. Payments.
City shall reimburse Subrecipient for allowable costs incurred
under the scope of this Agreement and applicable Federal regulations, which
have not been paid for or reimbursement will be made at least on a monthly
basis, with the total of all such reimbursements not to exceed $15,064.70.
3. Term,
This Agreement shall commence July 1, 1993, and terminate December
1, 1994.
4. Use of Funds; Budget; Travel Limitation
(a) The funds paid to Subrecipient shall be used by it solely for
the purposes set forth in Paragraph 1(b) of this Agreement, and in accordance
with the program budget submitted by Subrecipient to the City of San
Bernardino Community Development Department, a copy of which is attached to
this Agreement as Exhibit "B". This budget shall list all sources of funding
for the program covered by this Agreement, whether from State, Federal, local
or private sources, and shall identify which sources are paying for which
specific portions of the program, by line-item, to the extent practicable.
(b) No travel expenses for out-of-state travel shall be included
in this program unless specifically listed in the budget as submitted and -
approved, and all travel expenses to be funded from funds provided hereunder
shall be specifically identified as travel expense, which shall be negotiated
between the City of San Bernardino Development Department and Subrecipient as
listed in the budget. Any travel expenses incurred by Subrecipient above the
budgeted amount or for out-of-state travel shall not be eligible for
reimbursement unless the prior written approval of the Executive Director of
Development Department of the City of San Bernardino, or designee, has been
obtained.
(c) Funds shall be used for purposes authorized by the Community
Development Block Grant Program only, and no portion of the funds granted
hereby shall be used for any purpose not specifically authorized by this
Agreement.
(d) Only net payroll shall be periodically reimbursed by City as
an allowable cost. Any amounts withheld by Subrecipient from an employee's
pay for taxes, social security, 'or other withholdings and not actually paid
over to another entity, shall not be included as wages or expenses eligible
for reimbursement as an allowable cost until such time as the withheld taxes,
social security, or other withholding are immediately paid over to another
entity entitled to such payment. Upon such payment and the submission of
evidence of such payment to the City of San Bernardino Development Department,
such expenses shall be regarded as an allowable cost, and the City shall
reimburse Subrecipient for such obligation.
(e) Subrecipient shall be allowed, with the prior written approval
to the budget during the first three (3) quarters of the fiscal year, so
long as Subrecipient is in compliance with Section "2" of this Agreement at
the time of submission of the budget modification request. A variation in the
itemization of costs, as set forth in the proposed budget submitted to City,
not to exceed ten percent (10X) as to any particular line item, shall be
allowed, provided that the prior written approval of the Executive Director of
the Development Department of the City of San Bernardino is obtained, it being
understood that the total amount of the grant shall not be varied thereby.
(f) The parties intend that grant funds be utilized within the
time period covered by this Agreement, and entitlement to any funds not
expended or obligated shall revert to the City. No reserve for the future
shall be established with the funds except as may be authorized to meet
commitments made for services provided during t)ie period of this Agreement,
but not yet paid for at the conclusion of this Agreement.
(g) Subrecipient shall remain in compliance with all state,
federal and local laws prior to the receipt of any reimbursement hereunder.
This includes, but is not limited to, all laws and regulations relative to the
form of organization, local business licenses and any laws and regulations
specific to the business and activity carried out by Subrecipient.
Reimbursement shall not be made to Subrecipient which is not operating in
compliance with all applicable laws. Reimbursements may be subsequently paid,
at the direction of the Executive Director of the Development Department for
reimbursement costs incurred during the period when compliance is achieved
before expiration of this Agreement.
5. AccolmtinA; Audit
(a) Prior to the final payment under this Agreement, and at such
other times as may be requested by the Executive Director of the Development
Department of the City of San Bernardino, Subrecipient shall submit to the
Director an accounting of the proposed and actual expenditures of all revenues
from whatever source accruing to the organization for the fiscal year ending
June 30, 1994.
(b) Financial records shall be maintained by Subrecipient in
accordance with Generally Accepted Accounting Principles, and in a manner
which permits City to trace the expenditures of funds to source
documentation. All books and records of subrecipient are to be kept open for
inspection at any time during the business day by the City, its officers or
agents, and by any representative of the United States of America authorized
to audit community development block grant programs.
(c) Standards for financial management systems and financial
reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be
fully complied with by Subrecipient. Subrecipient acknowledges that the funds
provided are federal funds.
(d) Subrecipient's financial management system shall provide for
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 all assets of the program, and Subrecipient shall
assure that they are used solely for authorized purposes.
6. Services Available to ResidentsLMonitorigg, and Reporting
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, religion, 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
Executive Director of the Development Department of the City of San
Bernardino, in accordance with 24 CFR, Part 85.41(c)(d) and Part 85.21.
Failure to provide such quarterly performance reports may prevent the _
processing by City of Subrecipient's requests for reimbursement, and may
Justify temporary withholding as provided for in Paragraph "11" hereof. City
reserves the right to waive such breach, without prejudice to any other of its
rights hereunder, upon a finding by the Executive Director of the Development
Department that such failure was due to extraordinary circumstances and that
such breach has been timely cured without prejudice to the City.
7. Procurement Practies; Conflict of Interest
Subrecipient shall comply with procurement procedures and
guidelines established by 24 CFR, Part 85.36(d).(1), Subrecipient "Procurement
Standards". In addition to the specific requirements of 24 CFR, Part 85,
Subrecipient shall maintain a code or standards of conduct which shall govern
the performance of its officers, employees or agents in contracting with and
expending the federal grant funds made available to Subrecipient under this
Agreement. Subrecipient's officers, employees or agents shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors
or potential contractors. To the extent permissible by state law, rules, and
regulations, the standards adopted by Subrecipient shall provide for
penalties, sanctions or other disciplinary actions to be applied for
violations of such standards by either the Subrecipients's officers, employees
or agents, or by contractors or their agents. Subrecipient shall provide a
copy of the code or standards adopted to City forthwith. All procurement
transactions without regard to dollar value shall be conducted in a manner so
as to provide maximum open and free competition. The Subrecipient shall be
alert to organizational conflicts of interest or non-competitive practices
among contractors which may restrict or eliminate competition or otherwise
restrain trade. Subrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR Section 570.611 and to the procurement rules
specified in 24 CFR, Part 85.36, in its expenditure of all funds received -
under this Agreement.
S. Anti-Kick Back Provisions; Eaual Employment Opportunity
All contracts for construction or repair using funds provided under
this Agreement shall include a provision for compliance with the Copeland
"Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor
Regulations (29 CFR, Part 3). This Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public work, to give up
any part of the compensation to which he/she is otherwise entitled.
Subrecipient shall report all suspected or reported violations to City. All
contracts in excess of $10,000.00 entered into by Subrecipient using funds
provided under this Agreement shall contain a provision requiring compliance
with Equal Employment Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevailing wage Reauirement
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. 276(a) to 276(a)(7)) and as
supplemented by Department of Labor Regulations (29 CFR). Under this act,
contractors shall be required to pay wages to laborers and mechanics at a rate
not less than the minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall place a copy of the
current prevailing wage determination issued by the Department of Labor in
each solicitation and the award of a contract shall be conditioned upon the
acceptance of the wage determination. Subrecipient shall report all suspected
or reported violations to City.
10. Approval of City of any Charges; Use of Program Income
(a) City hereby requires Subrecipient to notify the City in
writing, of its intent to charge a fee for any service, the provision of which
is assisted pursuant to the Agreement. City requires Subrecipient to obtain
the prior written approval of City for any charges or fees to be charged by
Subrecipient for such services, and of any rules and regulations governing the
provision of services hereunder.
(b) Program income represents gross income received by the
Subrecipient directly generated from the use of funds provided hereunder.
Such earnings include interest earned on advances and may include, but will
not be limited to, income from service fees, sale of commodities, usage and
rental fees for real or personal property using the funds provided by this
Agreement. As to such income, it shall be first applied to eligible program
activities, before requests for reimbursement and, in the use, shall be
subject to all applicable provisions of this Agreement. Income not so applied
shall be remitted to City. Subr'ecipient shall remit all unspent program
income to the City within thirty (30) days subsequent to the end of the
program year (June 30, 1994).
11. Temporary Withholding
The Executive Director of the Development Department of the City of
San Bernardino is authorized to temporily withhold the payment of funds to
Subrecipient 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 Executive Director. Subrecipient shall have the right to
appeal the decision of the Executive Director to the Mayor and Common
Council. The sole grounds for such appeal shall be that no violation of the
Agreement has occurred. Subrecipient shall file such appeal within fifteen
(15) days after such first withholding. The Mayor and Common Council shall
set a date for the hearing of such appeal which is within thirty (30) days-
following the date of filing.
12. Records Retention
Financial records, supporting documents, statistical records, and
all other records pertaining to the use of the funds provided under this
Agreement shall be retained by Subrecipient for a period of three (3) years,
at a minimum, and in the event of litigation, claim or audit, the records
shall be retained until all litigation, claim or audit findings involving the
records, have been fully resolved. Records for non-expendable property
acquired with federal funds provided under this, Agreement shall be retained
for three (3) years after the final disposition of such property.
13. Property Management Standards
Non-expendable personal property, for the purposes of this
Agreement, is defined as tangible personal property, purchased in whole or in
part with federal funds, which has useful life of more than one (1) year and
an acquisition cost of one-thousand dollars ($1,000.00) or more per unit.
Real property means land, including land improvements, structures and
appurtenances thereto, excluding movable machinery and equipment.
Non-expendable personal property and real property purchased with or improved
by funds provided under this Agreement shall be subject to the property
management standards set forth in 24 CFR, Part 85.32.
14. Termination for Cause
(a) City reserves the right to terminate this Agreement in
accordance with 24 CFR, Part 85.43, and any and all grants and future payments
under this Agreement, in whole or in part, at any time before the date of
completion of this Agreement whenever City determines that the Subrecipient
has materially failed to comply with the terms and conditions of this
Agreement. In the event 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.
(b) In the event of any termination whether for cause or for
convenience, Subrecipient shall forthwith provide to the Development
Department any and all documentation needed by the Development Department to
establish a full record of all monies received by Subrecipient and to document
the uses of same.
15. Termination for Convenience
City or Subrecipient may terminate this Agreement in whole or in
part provided both parties agree that the continuation of the project would
not produce beneficial results commensurate with further expenditure of
funds. In such event, the parties shall agree upon the termination
conditions, including the effective date and, in the case of partial
terminations, the portion to be terminated. The Subrecipient shall not incur
new obligations for the terminated portion after the effective date and shall
cancel as many outstanding obligations as possible. City shall allow
Subrecipient full credit for the City's share of the non-cancellable
obligations properly incurred by the Subrecipient prior to termination.
16. Reversion of Assets
Subrecipient agrees that upon expiration of this Agreement, the
Subrecipient shall transfer to the City any and all CDBG funds not used at the
time of expiration and any accounts receivable attributable to the use of CDBG
funds. Subrecipient agrees that any real property under its control, which
was acquired or improved, in whole or in part, with CDBG funds in excess of
$500.00 shall either, (i) be used to meet one (1) of the three (3) national
objectives as set forth in 24 CFR, Part 570.208 until five (5) years after
expiration of the Agreement or such period of time as determined appropriate
by the City, or; (ii) is disposed of in a manner which results in the City
being reimbursed in the amount of the current fair market value of the
property less any portion thereof attributable to expenditure of, or
improvement to, the property by Subrecipient. Such reimbursement is not
required after the period of time specified in "i" above.
17. Hold Harmless
Subrecipient agrees to indemnify, save and hold harmless the City and the
Development Department and their employees and agents from all liabilities and
charges, expenses (including counsel fees), suits or losses, however
occurring, or damages, arising or growing out of the use of or receipt of
funds paid under this Agreement and all operations under this Agreement.
Payments under this Agreement are made with the understanding that the City
and the Development Department are not involved in the performance of services
or other activities of the Subrecipient. Subrecipient and its employees and
agents are independent contractors and not employees or agents of City and the
Development Department.
18. Amendment,
This Agreement may be amended or modified only by written agreement
signed by both parties, and failure on the part of either party to enforce any
provision of this Agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
19. Assignment.
This Agreement shall not be assigned by Subrecipient without the
prior written consent of City.
20. Notices.
All notices herein required shall be in writing and delivered in
person or sent certified mail, postage prepaid, addressed as follows:
As to City: As to Subrecipient
KENNETH J. HENDERSON MEADOWBROOK AMATEUR
Executive Director BOXING ACADEMY
Development Department 1126 W. Congress Street
Economic Development Agency San Bernardino, CA
201 North "E" Street, Third Floor
San Bernardino, CA 92401
21. 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 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.
22. Certification of Assurance.
Subrecipient shall comply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully set
forth at length and made a part of this Agreement by execution of all
certifications and assurances of the CDBG program.
23. Entire Agreement
This Agreement and any document or instrument attached hereto or
referred to herein integrates all terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations and prior writing in
respect to the subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and any such document or
instrument, the terms and conditions of the Agreement shall prevail.
24. No Third Party Beneficiari a
No third party shall be deemed to have any rights hereunder
against any of the parties hereto as a result of this Agreement.
FY 1993/1994 CDBG AGREEMENT BETWEEN CITY
AND
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the_
date and year first hereinabove written.
ATTEST: CITY OF SAN BERNARDINO
By:
City Clerk Tom Minor, Mayor
City of San Bernardino
SUBRECIPIENT
Approved as to form and By.
legal content: President
JAMES F. PM", BY:
City Attorney Secretary
By:
IJML:0397e
Rev. 6/1993
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor
and Common Council of the City of San Bernardino Resolution No. is
a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the Mayor and Common Council of the City of San Bernardino
this day of , 1993.
City Clerk
City of San Bernardino
By:
Deputy
LJML:0397e
Attachment A
SCOPE OF SERVICES (Description of Activities)
C�;��/,vF.�S� �� �f�✓� � ca�PiP���it�s/I%" ��� �'1,��,Cl�y�r�rT�
�v/11/�7G1�t/j�"/• �iPG t//�� aP�'oPJ�iY��'fD�' �'atirffS
PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY
Personal Services ls� �`fQ 71oz2e / 7;
Professional Services
Capital Improvements
Totals- �Jr�C�f, 70
PROPOSED DATE ACTUAL DATE
PROJECT SCHEDULE OF COMPLETION OF COMPLETION
Planning Concepts
Design & Engineering
Advertisement for Bids
Bid Open AI
Award of Contract
__Begin Construction
501 Construction /V
Complete Construction
Project Completion
mkc:2842)
F
CITY OF SAN BERN ABDINO
DEVEWPKM DEPARTMENT
"Certification and Assurance"
(To Accompany CDBG Agreement)
of the
(Name and Title of Official)
located at
(Name of Agency/Organiz ion)
11.2
4L`lam Z a, cl z Zee-gz t 1 1 do hereby
(Add ess of Agency/Organization)
make the following certification and assurance to accompany the
Community Development Block Grant Agreement between
and the
(Name of Agency/Org zation)
City of San Bernardino:
a) Certify that the information booklet for CDBG Program requirements
has been read and understood, and
b) Assure that the u,
l , will
(Name of Agency/Org ization)
comply with all governing requirements as stipulated herewith in the
performance of the CDBG Agreement.
(Signature of Official) (Date)
Development Department (Date)
AJH:mkc:2437J
RESOLUTION NUMBER
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN
BERNARDINO BOYS AND GIRLS CLUB
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
Section 1.
(a) 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 BOYS AND
GIRLS CLUB, which agreement is attached hereto as Exhibit "1", and is
incorporated herein by referenced as though fully set forth at length.
The agreement provides for the granting of Community Development Block
Grant funds in the following amount of $20,000
Section 2.
II
(a) The Authorizations to execute the above referenced agreement
is rescinded if the parties to the agreement fail to execute xecute it within
sixty (60) days of the passage of this Resolution.
RESOLUTION OF THE CITY OF SAP BERNARDINO AUTHORIZING THE EXECUTION OF A
CDBG AGREEMENT BETWEEN THE CITY AND San Bernardino Boys and Girl Club
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at
a meeting thereof, held on
the day of , 1993, by the following
vote, to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAI N ABSENT
EDWARD V. NEGRETE
DR. F.J. CURLIN
RALPH HERNANDEZ
DAVID OBERHELMAN
VACANT
VALERIE POPE-LUDLAM
NORINE MILLER
City Clerk
The foregoing resolution is hereby approved this day
of , 1993.
Tom Minor, Mayor
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
0397e
e G R E E M E N T
THIS AGREEMENT is entered into effective as of the , at
San Bernardino, California, between the City OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and SAN BERNARDINO BOYS AND GIRLS CLUB,
a nonprofit community service organization, referred to as "Subrecipient".
City and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance from City for
fiscal year 1993/1994 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 the administration of programs which provide
educational, employment, youth activities for under privileged children, all
of which are 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.
(c) Subrecipient will comply with applicable uniform
administrative requirements, as described in 24 CFR, Part 570.502.
(d) Subrecipient will carry out each activity, program and/or
project in compliance with all federal laws and regulations as set forth in 24
CFR, Part 570, with the following exceptions, (i) the Subrecipient
Q
does not assume the environmental responsiblities of the Grantee as described
in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the
Grantee's responsiblities for initiating the review process under Executive
Order Number 12372.
(e) Subrecipient will comply with the requirements set forth in
the Uniform Relocation Assistance and Real Property Acquisition Policy Act of
1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal
regulations when attempting to or acquiring any building or parcel of land.
Subrecipient will be required to obtain written approval from the Executive
Director of the Development Department prior to any activity taking place
within the confines of URA 49 CFR, Part 24, as amended.
2. Payments.
City shall reimburse Subrecipient for allowable costs incurred
under the scope of this Agreement and applicable Federal regulations, which
have not been paid for or reimbursement will be made at least on a monthly
basis, with the total of all such reimbursements not to exceed $20,000.
3. Term.
�une.
This Agreement shall .commence July 1, 1993, and terminate ?mbe_
..1-, 1994.
4. Use of Funds; Budget; Travel Limitation
(a) The funds paid to Subrecipient shall be used by it solely for
the purposes set forth in Paragraph 1(b) of this Agreement, and in accordance
with the program budget submitted by Subrecipient to the City of San
Bernardino Community Development Department, a copy of which is attached to
this Agreement as Exhibit "B". This budget shall list all sources of funding
for the program covered by this Agreement, whether from State, Federal, local
or private sources, and shall identify which sources are paying for which
L)
specific portions of the program, by line-item, to the extent practicable.
(b) No travel expenses for out-of-state travel shall be included
in this program unless specifically listed in the budget as submitted and -
approved, and all travel expenses to be funded from funds provided hereunder
shall be specifically identified as travel expense, which shall be negotiated
between the City of San Bernardino Development Department and Subrecipient as
listed in the budget. Any travel expenses incurred by Subrecipient above the
budgeted amount or for out-of-state travel shall not be eligible for
reimbursement unless the prior written approval of the Executive Director of
Development Department of the City of San Bernardino, or designee, has been
obtained.
(c) Funds shall be used for purposes authorized by the Community
Development Block Grant Program only, and no portion of the funds granted
hereby shall be used for any purpose not specifically authorized by this
Agreement.
``•
(d) Only net payroll shall be periodically reimbursed by City as
an allowable cost. Any amounts withheld by Subrecipient from an employee's
pay for taxes, social security, 'or other withholdings and not actually paid
over to another entity, shall not be included as wages or expenses eligible
for reimbursement as an allowable cost until such time as the withheld taxes,
social security, or other withholding are immediately paid over to another
entity entitled to such payment. Upon such payment and the submission of
evidence of such payment to the City of San Bernardino Development Department,
such expenses shall be regarded as an allowable cost, and the City shall
reimburse Subrecipient for such obligation.
(e) Subrecipient shall be allowed, with the prior written approval
0 to the budget during the first three (3) quarters of the fiscal year, so
long as Subrecipient is in compliance with Section 992" of this Agreement at
the time of submission of the budget modification request. A variation in the
itemization of costs, as set forth in the proposed budget submitted to City,
not to exceed ten percent (10X) as to any particular line item, shall be
allowed, provided that the prior written approval of the Executive Director of
the Development Department of the City of San Bernardino is obtained, it being
understood that the total amount of the grant shall not be varied thereby.
(f) The parties intend that grant funds be utilized within the
time period covered by this Agreement, and entitlement to any funds not
expended or obligated shall revert to the City. No reserve for the future
shall be established with the funds except as may be authorized to meet
commitments made for services provided during the period of this Agreement,
but not yet paid for at the conclusion of this Agreement.
(g) Subrecipient shall remain in compliance with all state,
federal and local laws prior to the receipt of any reimbursement hereunder.
This includes, but is not limited to, all laws and regulations relative to the
form of organization, local business licenses and any laws and regulations
specific to the business and activity carried out by Subrecipient.
Reimbursement shall not be made to Subrecipient which is not operating in
compliance with all applicable laws. Reimbursements may be subsequently paid,
at the direction of the Executive Director of the Development Department for
reimbursement costs incurred during the period when compliance is achieved
before expiration of this Agreement.
5. Accounting; Audit
(a) Prior to the final payment under this Agreement, and at such
other times as may be requested by the Executive Director of the Development
Department of the City of San Bernardino, Subrecipient shall submit to the
Director an accounting of the proposed and actual expenditures of all revenues
from whatever source accruing to the organization for the fiscal year ending
June 30, 1994.
(b) Financial records shall be maintained by Subrecipient in
accordance with Generally Accepted Accounting Principles, and in a manner
which permits City to trace the expenditures of funds to source
documentation. All books and records of subrecipient are to be kept open for
inspection at any time during the business day by the City, its officers or
agents, and by any representative of the United States of America authorized
to audit community development block grant programs.
(c) Standards for financial management systems and financial
reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be
fully complied with by Subrecipient. Subrecipient acknowledges that the funds
provided are federal funds.
(d) Subrecipient's financial management system shall provide for
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 all assets of the program, and Subrecipient shall
assure that they are used solely for authorized purposes.
6. Services Available to Residents;—M—Onitoring and Re orting
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, religion, 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
Executive Director of the Development Department of the City of San
Bernardino, in accordance with 24 CFR, Part 85.41(c)(d) and Part 85.21.
Failure to provide such quarterly performance reports may prevent the _
processing by City of Subrecipient's requests for reimbursement, and may
justify temporary withholding as provided for in Paragraph "11" hereof. City
reserves the right to waive such breach, without prejudice to any other of its
rights hereunder, upon a finding by the Executive Director of the Development
Department that such failure was due to extraordinary circumstances and that
such breach has been timely cured without prejudice to the City.
7. Procurement Practies• Conflict of Interest
Subrecipient shall comply with procurement procedures and
guidelines established by 24 CFR, Part 85.36(d)(1), Subrecipient "Procurement
Standards". In addition to the specific requirements of 24 CFR, Part 85,
Subrecipient shall maintain a code or standards of conduct which shall govern
the performance of its officers, employees or agents in contracting with and
expending the federal grant funds made available to Subrecipient under this
Agreement. Subrecipient's officers, employees or agents shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors
or potential contractors. To the extent permissible by state law, rules, and
regulations, the standards adopted by Subrecipient shall provide for
penalties, sanctions or other disciplinary actions to be applied for
violations of such standards by either the Subrecipients's officers, employees
or agents, or by contractors or their agents. Subrecipient shall provide a
copy of the code or standards adopted to City forthwith. All procurement
transactions without regard to dollar value shall be conducted in a manner so
as to provide maximum open and free competition. The Subrecipient shall be
alert to organizational conflicts of interest or non-competitive practices
among contractors which may restrict or eliminate competition or otherwise
restrain trade. Subrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR Section 570.611 and to the procurement rules
specified in 24 CFR, Part 85.36, in its expenditure of all funds received
under this Agreement.
8. Anti-Kick Back Provisions; Eaual Employment Opportunity
All contracts for construction or repair using funds provided under
this Agreement shall include a provision for compliance with the Copeland
"Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor
Regulations (29 CFR, Part 3). This Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public work, to give up
any part of the compensation to which he/she is. otherwise entitled.
Subrecipient shall report all suspected or reported violations to City. All
contracts in excess of $10,000.00 entered into by Subrecipient using funds
provided under this Agreement shall contain a provision requiring compliance
with Equal Employment Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevailinx Waae 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. 276(a) to 276(a)(7)) and as
supplemented by Department of Labor Regulations (29 CFR). Under this act,
contractors shall be required to pay wages to laborers and mechanics at a rate
not less than the minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall place a copy of the
current prevailing wage determination issued by the Department of Labor in
each solicitation and the award of a contract shall be conditioned upon the
acceptance of the wage determination. Subrecipient shall report all suspected
or reported violations to City.
10. Approval of-City-of any Charges; Use of Program Income
(a) City hereby requires Subrecipient to notify the City in
writing, of its intent to charge a fee for any service, the provision of which
is assisted pursuant to the Agreement. City requires Subrecipient to obtain
the prior written approval of City for any charges or fees to be charged by
Subrecipient for such services, and of any rules and regulations governing the
provision of services hereunder.
(b) Program income represents gross income received by the
Subrecipient directly generated from the use of funds provided hereunder.
Such earnings include interest earned on advances and may include, but will
not be limited to, income from service fees, sale of commodities, usage and
rental fees for real or personal property using the funds provided by this
Agreement. As to such income, it shall be first applied to eligible program
activities, before requests for reimbursement and, in the use, shall be
subject to all applicable provisions of this Agreement. Income not so applied
shall be remitted to City. Subrecipient shall remit all unspent program
income to the City within thirty (30) days subsequent to the end of the
program year (June 30, 1994).
11. Temporary Withholding
The Executive Director of the Development Department of the City of
San Bernardino is authorized to temporily withhold the payment of funds to
Subrecipient 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 Executive Director. Subrecipient shall have the right to
appeal the decision of the Executive Director to the Mayor and Common
Council. The sole grounds for such appeal shall be that no violation of the
Agreement has occurred. Subrecipient shall file such appeal within fifteen
(15) days after such first withholding. The Mayor and Common Council shall
set a date for the hearing of such appeal which is within thirty (30) days-
following the date of filing.
12. Records Retention
Financial records, supporting documents, statistical records, and
all other records pertaining to the use of the funds provided under this
Agreement shall be retained by Subrecipient for a period of three (3) years,
at a minimum, and in the event of litigation, claim or audit, the records
shall be retained until all litigation, claim or audit findings involving the
records, have been fully resolved. Records for non-expendable property
acquired with federal funds provided under this, Agreement shall be retained
for three (3) years after the final disposition of such property.
13. Property Management Standards
Non-expendable personal property, for the purposes of this
Agreement, is defined as tangible personal property, purchased in whole or in
part with federal funds, which has useful life of more than one (1) year and
an acquisition cost of one-thousand dollars ($1,000.00) or more per unit.
Real property means land, including land improvements, structures and
appurtenances thereto, excluding movable machinery and equipment.
Non-expendable personal property and real property purchased with or improved
by funds provided under this Agreement shall be subject to the property
management standards set forth in 24 CFR, Part 85.32.
14. Termination for Cause
(a) City reserves the right to terminate this Agreement in
accordance with 24 CFR, Part 85.43, and any and all grants and future payments
under this Agreement, in whole or in part, at any time before the date of
completion of this Agreement whenever City determines that the Subrecipient
has materially failed to comply with the terms and conditions of this
Agreement. In the event 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.
(b) In the event of any termination whether for cause or for
convenience, Subrecipient shall forthwith provide to the Development
Department any and all documentation needed by the Development Department to
establish a full record of all monies received by Subrecipient and to document
the uses of same.
15. Termination for Convenience
City or Subrecipient may terminate this Agreement in whole or in
part provided both parties agree that the continuation of the project would
not produce beneficial results commensurate with further expenditure of
funds. In such event, the parties shall agree upon the termination
conditions, including the effective date and, in the case of partial
terminations, the portion to be terminated. The Subrecipient shall not incur
new obligations for the terminated portion after the effective date and shall
cancel as many outstanding obligations as possible. City shall allow
Subrecipient full credit for the City's share of the non-cancellable
obligations properly incurred by the Subrecipient prior to termination.
16. Reversion of Assets
Subrecipient agrees that upon expiration of this Agreement, the
Subrecipient shall transfer to the City any and all CDBG funds not used at the
time of expiration and any accounts receivable attributable to the use of CDBG
funds. Subrecipient agrees that any real property under its control, which
was acquired or improved, in whole or in part, with CDBG funds in excess of
$500.00 shall either, (i) be used to meet one (1) of the three (3) national
objectives as set forth in 24 CFR, Part 570.208 until five (5) years after
expiration of the Agreement or such period of time as determined appropriate
by the City, or; (ii) is disposed of in a manner which results in the City
being reimbursed in the amount of the current fair market value of the
property less any portion thereof attributable to expenditure of, or
improvement to, the property by Subrecipient. Such reimbursement is not
required after the period of time specified in "i" above.
17. Hold Harmless
Subrecipient agrees to indemnify-, save and hold harmless the City and the
Development Department and their employees and agents from all liabilities and
charges, expenses (including counsel fees), suits or losses, however
occurring, or damages, arising or growing out of the use of or receipt of
funds paid under this Agreement and all operations under this Agreement.
Payments under this Agreement are made with the understanding that the City
and the Development Department are not involved in the performance of services
or other activities of the Subrecipient. Subrecipient and its employees and
agents are independent contractors and not employees or agents of City and the
Development Department.
18. Amendment,
This Agreement may be amended or modified only by written agreement
signed by both parties, and failure on the part of either party to enforce any
provision of this Agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
19. Assignment.
This Agreement shall not be assigned by Subrecipient without the
prior written consent of City.
20. Notices.
All notices herein required shall be in writing and delivered in
person or sent certified mail, postage prepaid, addressed as follows:
As to City: As to Subrecipient
KENNETH J. HENDERSON SAN BERNARDINO
Executive Director BOYS AND GIRLS CLUB
Development Department 1180 W. Ninth Street
Economic Development Agency San Bernardino, CA
201 North "E" Street, Third Floor
San Bernardino, CA 92401
21. 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 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.
22. Certification of Assurance
Subrecipient shall comply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully set
�`rr+
forth at length and made a part of this Agreement by execution of all
certifications and assurances of the CDBG program.
23. Entire Agreement
This Agreement and any document or instrument attached hereto or
referred to herein integrates all terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations and prior writing in
respect to the subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and any such document or
instrument, the terms and conditions of the Agreement shall prevail.
24. No Third Party Beneficia ies
Ao third party shall be deemed to have any rights hereunder
against any of the parties hereto as a result of this Agreement.
FY 1993/1994 CDBG AGREEMENT BETWEEN CITY
AND
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the_
date and year first hereinabove written.
ATTEST: CITY OF SAN BERNARDINO
By:
City Clerk Tom Minor, Mayor
City of San Bernardino
SUBRECIPIENT
Approved as to form and By: ,
legal content: president
JAMES F. PENMAN, BY:
City Attorney Secre a
By:
LJML:0397e
Rev. 6/1993
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor
and Common Council of the City of San Bernardino Resolution No. is
a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the Mayor and Common Council of the City of San Bernardino
this day of , 1993.
City Clerk
City of San Bernardino
By:
Deputy
LJML:0397e
Attachment A
SCOPE OF SERVICES (Description of Activities)
PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY
Personal Services
Professional Services
Capital Improvements
Totals
PROPOSED DATE ACTUAL DATE
PROJECT SCHEDULE OF COMPLETION OF COMPLETION
Planning Concepts
Design & EARi neerinx
Advertisement for Bids
Bid Open
Award of Contract
Be¢in Construction
509 Construction
Complete Construction
Protect Completion
mkc:2842J
CITY OF SAN BERNARDINO
DEVELOP!ffi1T DEPARTMENT
"Certification and Assurance"
(To Accompany CDBG Agreement)
of the
(Name and Title of Official)
(Name of Agency/Organization) located at
(Address of Agency/Organization) do hereby
make the following certification and assurance to accompany the
Community Development Block Grant Agreement between
(Name of Agency/Organization) and the
City of San Bernardino:
a) Certify that the information booklet for CDBG Program requirements
has been read and understood, and
b) Assure that the will
(Name of Agency/Organization)
comply with all governing requirements as stipulated herewith in the
performance of the CDBG Agreement.
ignature of Official) (Date)
Development Department (Date)
AJH:mkc:2437J
RESOLUTION NUMBER
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KIDS
AGAINST CRIME, INC.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
Section 1.
(a) 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 KIDS AGAINST CRIME,
INC. , which agreement is attached hereto as Exhibit "l", and is
incorporated herein by referenced as though fully set forth at length.
The agreement provides for the granting of Community Development Block
Grant funds in the following amount of $20,000
Section 2.
(a) The Authorizations to execute the above referenced agreement
is rescinded if the parties to the agreement fail to execute it within
sixty (60) days of the passage of this Resolution.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
CDBG AGREENIERT BETWEEN THE CITY AND Kids Against Crime Inc
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at
a meeting thereof, held on
the day of , 1993, by the following
vote, to wit:
COUNCIL PUMERS• AYES NAYS AISTAIN ABSENT
EDWARD V. NEGRETE
DR. F.J. CURLIN
RALPH HERNANDEZ
DAVID OBERHELMAN
VACANT
VALERIE POPE-LUDLAM
NORINE MILLER
City Clerk
The foregoing resolution is hereby approved this day
of , 1993.
Tom Minor, Mayor
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By: /
0397e
A G R E E N E N T
THIS AGREEMENT is entered into effective as of the , at
San Bernardino, California, between the City OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and KIDS AGAINST CRIME, INC., a
nonprofit community service organization, referred to as "Subrecipient". City
and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance from City for
fiscal year 1993/1994 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 a program to provide crime prevention and a drug free
environment as an alterative to low and moderate income children, all of which
are 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.
(c) Subrecipient will comply with applicable uniform
administrative requirements, as described in 24 CFR, Part 570.502.
(d) Subrecipient will carry out each activity, program and/or
project in compliance with all federal laws and regulations as set forth in 24
CFR, Part 570, with the following exceptions, (i) the Subrecipient
does not assume the environmental responsiblities of the Grantee as described
in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the
Grantee's responsiblities for initiating the review process under Executive
Order Number 12372.
(e) Subrecipient will comply with the requirements set forth in
the Uniform Relocation Assistance and Real Property Acquisition Policy Act of
1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal
regulations when attempting to or acquiring any building or parcel of land.
Subrecipient will be required to obtain written approval from the Executive
Director of the Development Department prior to any activity taking place
within the confines of URA 49 CFR, Part 24, as amended.
2. Payments.
City shall reimburse Subrecipient for allowable costs incurred
under the scope of this Agreement and applicable Federal regulations, which
have not been paid for or reimbursement will be made at least on a monthly
basis, with the total of all such reimbursements not to exceed $20,000. N, /
3. Term.
This Agreement shall commence July 1, 1993, and terminate ee ember
--1 1994.
4. Use of Funds; Budget; Travel Limitation
(a) The funds paid to Subrecipient shall be used by it solely for
the purposes set forth in Paragraph 1(b) of this Agreement, and in accordance
with the program budget submitted by Subrecipient to the City of San
Bernardino Community Development Department, a copy of which is attached to
this Agreement as Exhibit "B". This budget shall list all sources of funding
for the program covered by this Agreement, whether from State, Federal, local
or private sources, and shall identify which sources are paying for which
WAVNI
specific portions of the program, by line-item, to the extent practicable.
(b) No travel expenses for out-of-state travel shall be included
in this program unless specifically listed in the budget as submitted and -
approved, and all travel expenses to be funded from funds provided hereunder
shall be specifically identified as travel expense, which shall be negotiated
between the City of San Bernardino Development Department and Subrecipient as
listed in the budget. Any travel expenses incurred by Subrecipient above the
budgeted amount or for out-of-state travel shall not be eligible for
reimbursement unless the prior written approval of the Executive Director of
Development Department of the City of San Bernardino, or designee, has been
obtained.
(c) Funds shall be used for purposes authorized by the Community
Development Block Grant Program only, and no portion of the funds granted
hereby shall be used for any purpose not specifically authorized by this
Agreement.
(d) Only net payroll shall be periodically reimbursed by City as
an allowable cost. Any amounts withheld by Subrecipient from an employee's
pay for taxes, social security, or other withholdings and not actually paid
over to another entity, shall not be included as wages or expenses eligible
for reimbursement as an allowable cost until such time as the withheld taxes,
social security, or other withholding are immediately paid over to another
entity entitled to such payment. Upon such payment and the submission of
evidence of such payment to the City of San Bernardino Development Department,
such expenses shall be regarded as an allowable cost, and the City shall
reimburse Subrecipient for such obligation.
I
(e) Subrecipient shall be allowed, with the prior written approval
to the budget during the first three (3) quarters of the fiscal year, so
• long as Subrecipient is in compliance with Section 192" of this Agreement at
0 the time of submission of the budget modification request. A variation in the
itemization of costs, as set forth in the proposed budget submitted to City,
not to exceed ten percent (10X) as to any particular line item, shall be
allowed, provided that the prior written approval of the Executive Director of
the Development Department of the City of San Bernardino is obtained, it being
understood that the total amount of the grant shall not be varied thereby.
(f) The parties intend that grant funds be utilized within the
time period covered by this Agreement, and entitlement to any funds not
expended or obligated shall revert to the City. No reserve for the future
shall be established with the funds except as may be authorized to meet
commitments made for services provided during the period of this Agreement,
but not yet paid for at the conclusion of this Agreement.
(g) Subrecipient shall remain in compliance with all state,
federal and local laws prior to the receipt of any reimbursement hereunder.
This includes, but is not limited to, all laws and regulations relative to the
form of organization, local business licenses and any laws and regulations
specific to the business and activity carried out by Subrecipient.
Reimbursement shall not be made to Subrecipient which is not operating in
compliance with all applicable laws. Reimbursements may be subsequently paid,
at the direction of the Executive Director of the Development Department for
reimbursement costs incurred during the period when compliance is achieved
before expiration of this Agreement.
5. Account nit; Audit
(a) Prior to the final payment under this Agreement, and at such
other times as may be requested by the Executive Director of the Development
Department of the City of San Bernardino, Subrecipient shall submit to the
Director an accounting of the proposed and actual expenditures of all revenues
from whatever source accruing to the organization for the fiscal year ending
June 30, 1994.
(b) Financial records shall be maintained by Subrecipient in
accordance with Generally Accepted Accounting Principles, and in a manner
which permits City to trace the expenditures of funds to source
documentation. All books and records of subrecipient are to be kept open for
inspection at any time during the business day by the City, its officers or
agents, and by any representative of the United States of America authorized
to audit community development block grant programs.
(c) Standards for financial management systems and financial
reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be
fully complied with by Subrecipient. Subrecipient acknowledges that the funds
provided are federal funds.
(d) Subrecipient's financial management system shall provide for
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 all assets of the program, and Subrecipient shall
assure that they are used solely for authorized purposes.
6. Services Available to Residents- Monitori and Re orti
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, religion, 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
Executive Director of the Development Department of the City of San
Bernardino, in accordance with 24 CFR, Part 85.41(c)(d) and Part 85.21.
Failure to provide such quarterly performance reports may prevent the _
processing by City of Subrecipient's requests for reimbursement, and may
Justify temporary withholding as provided for in Paragraph "11" hereof. City
reserves the right to waive such breach, without prejudice to any other of its
rights hereunder, upon a finding by the Executive Director of the Development
Department that such failure was due to extraordinary circumstances and that
such breach has been timely cured without prejudice to the City.
7. Procurement Practies• Conflict of Interest
Subrecipient shall comply with procurement procedures and
guidelines established by 24 CFR, Part 85.36(d).(1), Subrecipient "Procurement
Standards". In addition to the specific requirements of 24 CFR, Part 85,
Subrecipient shall maintain a code or standards of conduct which shall govern
the performance of its officers, employees or agents in contracting with and
expending the federal grant funds made available to Subrecipient under this
Agreement. Subrecipient's officers, employees or agents shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors
or potential contractors. To the extent permissible by state law, rules, and
regulations, the standards adopted by Subrecipient shall provide for
penalties, sanctions or other disciplinary actions to be applied for
violations of such standards by either the Subrecipients's officers, employees
or agents, or by contractors or their agents. Subrecipient shall provide a
I
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 24 CFR, Part 85.36, 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 funds provided under
this Agreement shall include a provision for compliance with the Copeland
"Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor
Regulations (29 CFR, Part 3). This Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public work, to give up
any part of the compensation to which he/she is, otherwise entitled.
Subrecipient shall report all suspected or reported violations to City. All
contracts in excess of $10,000.00 entered into by Subrecipient using funds
provided under this Agreement shall contain a provision requiring compliance
with Equal Employment Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevailing wane 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. 276(a) to 276(a)(7)) and as
supplemented by Department of Labor Regulations (29 CFR). Under this act,
contractors shall be required to pay wages to laborers and mechanics at a rate
not less than the minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall place a copy of the
current prevailing wage determination issued by the Department of Labor in
each solicitation and the award of a contract shall be conditioned upon the
acceptance of the wage determination. Subrecipient shall report all suspected
or reported violations to City.
10. Apyroval of City of anv Charges; Use of Program Income,-
(a) City hereby requires Subrecipient to notify the City in
writing, of its intent to charge a fee for any service, the provision of which
is assisted pursuant to the Agreement. City requires Subrecipient to obtain
the prior written approval of City for any charges or fees to be charged by
Subrecipient for such services, and of any rules and regulations governing the
provision of services hereunder.
(b) Program income represents gross income received by the
Subrecipient directly generated from the use of funds provided hereunder.
Such earnings include interest earned on advances and may include, but will
not be limited to, income from service fees, sale of commodities, usage and
rental fees for real or personal property using the funds provided by this
Agreement. As to such income, it shall be first applied to eligible program
activities, before requests for reimbursement and, in the use, shall be
subject to all applicable provisions of this Agreement. Income not so applied
shall be remitted to City. Subrecipient shall remit all unspent program
income to the City within thirty (30) days subsequent to the end of the
program year (June 30, 1994).
11. ?emnorary Withholding
The Executive Director of the Development Department of the City of
San Bernardino is authorized to temporily withhold the payment of funds to
Subrecipient 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 Executive Director. Subrecipient shall have the right to
appeal the decision of the Executive Director to the Mayor and Common
Council. The sole grounds for such appeal shall be that no violation of the
Agreement has occurred. Subrecipient shall file such appeal within fifteen
(15) days after such first withholding. The Mayor and Common Council shall
set a date for the hearing of such appeal which is within thirty (30) days-
following the date of filing.
12. Records Retention
Financial records, supporting documents, statistical records, and
all other records pertaining to the use of the funds provided under this
Agreement shall be retained by Subrecipient for a period of three (3) years,
at a minimum, and in the event of litigation, claim or audit, the records
shall be retained until all litigation, claim or audit findings involving the
records, have been fully resolved. Records for non-expendable property
acquired with federal funds provided under this, Agreement shall be retained
for three (3) years after the final disposition of such property.
I
13. Property Management Standards
Non-expendable personal property, for the purposes of this
Agreement, is defined as tangible personal property, purchased in whole or in
part with federal funds, which has useful life of more than one (1) year and
an acquisition cost of one-thousand dollars ($1,000.00) or more per unit.
Real property means land, including land improvements, structures and
appurtenances thereto, excluding movable machinery and equipment.
Non-expendable personal property and real property purchased with or improved
by funds provided under this Agreement shall be subject to the property
management standards set forth in 24 CFR, Part 85.32.
14. Termination for Cause
(a) City reserves the right to terminate this Agreement in
accordance with 24 CFR, Part 85.43, and any and all grants and future payments
under this Agreement, in whole or in part, at any time before the date of
completion of this Agreement whenever City determines that the Subrecipient
has materially failed to comply with the terms and conditions of this
Agreement. In the event 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.
(b) In the event of any termination whether for cause or for
convenience, Subrecipient shall forthwith provide to the Development
Department any and all documentation needed by the Development Department to
establish a full record of all monies received by Subrecipient and to document
the uses of same.
15. Termination for Convenience
City or Subrecipient may terminate this Agreement in whole or in
part provided both parties agree that the continuation of the project would
not produce beneficial results commensurate with further expenditure of
funds. In such event, the parties shall agree upon the termination
conditions, including the effective date and, in the case of partial
terminations, the portion to be terminated. The Subrecipient shall not incur
new obligations for the terminated portion after the effective date and shall
cancel as many outstanding obligations as possible. City shall allow
Subrecipient full credit for the City's share of the non-cancellable
obligations properly incurred by the Subrecipient prior to termination.
16. Reversion of Assets
Subrecipient agrees that upon expiration of this Agreement, the
Subrecipient shall transfer to the City any and all CDBG funds not used at the
time of expiration and any accounts receivable attributable to the use of CDBG
funds. Subrecipient agrees that any real property under its control, which
was acquired or improved, in whole or in part, with CDBG funds in excess of
$500.00 shall either, (i) be used to meet one (1) of the three (3) national
objectives as set forth in 24 CFR, Part 570.208 until five (5) years after
expiration of the Agreement or such period of time as determined appropriate
by the City, or; (ii) is disposed of in a manner which results in the City
being reimbursed in the amount of the current fair market value of the
property less any portion thereof attributable to expenditure of, or
improvement to, the property by Subrecipient. Such reimbursement is not
required after the period of time specified in "i" above.
17. Hold Harmless]
Subrecipient agrees to indemnify, save and hold harmless the City and the
Development Department and their employees and agents from all liabilities and
charges, expenses (including counsel fees), suits or losses, however
occurring, or damages, arising or growing out of the use of or receipt of
funds paid under this Agreement and all operations under this Agreement.
Payments under this Agreement are made with the understanding that the City
and the Development Department are not involved in the performance of services
or other activities of the Subrecipient. Subrecipient and its employees and
agents are independent contractors and not employees or agents of City and the
Development Department.
18. Amendment,
This Agreement may be amended or modified only by written agreement
signed by both parties, and failure on the part of either party to enforce any
provision of this Agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
19. Assignment.
This Agreement shall not be assigned by Subrecipient without the
prior written consent of City.
20. Notices.
All notices herein required shall be in writing and delivered in
person or sent certified mail, postage prepaid, addressed as follows:
As to City: As to Subrecipient
KENNETH J. HENDERSON KIDS AGAINST CRIME, INC.
Executive Director 1700 N. "E" Street
Development Department San Bernardino, CA
Economic Development Agency
201 North "E" Street, Third Floor
San Bernardino, CA 92401
21. 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 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.
22. Certification of Assurance
Subrecipient shall comply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully set
forth at length and made a part of this Agreement by execution of all
certifications and assurances of the CDBG program.
23. Entire Agreement
This Agreement and any document or instrument attached hereto or
referred to herein integrates all terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations and prior writing in
respect to the subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and any such document or
instrument, the terms and conditions of the Agreement shall prevail.
24. No Third Party Beneficiaries-
No third party shall be deemed to have any rights hereunder
against any of the parties hereto as a result of this Agreement.
FY 1993/1994 CDBG AGREffiffifP BETWEEN CITY
AND
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the_
date and year first hereinabove written.
ATTEST: CITY OF SAN BERNARDINO
By;
City Clerk Tom Minor, Mayor
City of San Bernardino
SUBRECIPIENT
Approved as to form and By.
legal content: resident
JAMS F. PENMAN, BY: �t
City Attorney Secretary
By:
LJML:0397e
Rev. 6/1993
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor
and Common Council of the City of San Bernardino Resolution No. is
a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the Mayor and Common Council of the City of San Bernardino
this day of , 1993.
City Clerk
City of San Bernardino
By:
Deputy
LJML:0397e
Attachment A
SCOPE OF SERVICES (Description of Activities)
PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY
Personal Services
Professional Services
Capital Improvements
Totals
PROPOSED DATE ACTUAL DATE
PROJECT SCHEDULE OF COMPLETION OF COMPLETION
Planning Concepts
Design & SnRineerinA
Advertisement for Bids
Bid Open
Award of Contract
Begin Construction
SOX Construction
Complete Construction
Proiect Completion
mkc:2842J
ATTACHMENT A
clean-up, fingerprinting, Peer Support Training and Provision,
Peer Support Hotline and Referral , and sicits and Presentations
provide kids with an alternative to joining a gang or taking
drugs and, at the same time, teach them how to be productive
citizens and positive human beings. Funding for this project
will give more at-risk kids in San Bernardino the opportunity
to join Kids Against Crime and take concrete action to help
their community. More kids will also be able to participate
in life-enriching experiences, broaden their perspectives, and
learn of the 'many possibilities that life has to offer.
CITY OF SAN BERN AYDINO
DKVMOPPMT DBPAYTbSSRTT
"Certification and Assurance"
(To Accompany CDBG Agreement)
//.,/-4 k��4 U/, E's14&-,,1/i of the
(Name and Title of Official)
located at
(Name of Agency/Organization)
/UO.P7-17` 67 S 6-&-7— 0o?Ao hereby
(Address of Agency/Organization)
make the following certification and assurance to accompany the
Community Development Block Grant Agreement between
and the
(Name of Agency/Organization)
City of San Bernardino:
a) Certify that the information booklet for CDBG Program requirements
has been read and understood, and
b) Assure that the _ le s G15 i,�iS7 �.f'i/�ac ,c/YG will
(Name of Agency/Organization)
comply with all governing requirements as stipulated herewith in the
performance of the CDBG Agreement.
(Signature of Official) (Date
Development Department (Date)
AJH:mkc:2437J
RESOLUTION NUMBER
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LOS
PADRINOS OF SOUTHERN CALIFORNIA
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
Section 1.
(a) 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 LOS PADRINOS OF SOUTHERN
CALIFORNIA, which agreement is attached hereto as Exhibit "111, and is
incorporated herein by referenced as though fully set forth at length.
The agreement provides for the granting of Community Development Block
Grant funds in the following amount of $20,000
Section 2.
(a) The Authorizations to execute the above referenced agreement
is rescinded if the parties to the agreement fail to execute it within
sixty (60) days of the passage of this Resolution.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
CDBG AGREEMENT BETWEEN THE CITY AND Los Padrinos of Southern California
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at
a meeting thereof, held on
the day of , 1993, by the following
vote, to wit:
COUNCIL MEMBERS: AYES NAYS ABSTAI N ABSEPT
EDWARD V. NEGRETE
DR. F.J. CURLIN
RALPH HERNANDEZ
DAVID OBERHELMAN
VACANT
VALERIE POPE-LUDLAM
NORINE MILLER
City Clerk
The foregoing resolution is hereby approved this day
of , 1993.
Tom Minor, Mayor
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
0397e
A G R E E M E N T
THIS AGREEMENT is entered into effective as of the July 7 , 1993 at
San Bernardino, California, between the City OF SAN BERNARDINO, a municipal
corporation, referred to as "City", and LOS PADRINOS OF SOUTHERN CALIFORNIA,
a nonprofit community service organization, referred to as "Subrecipient".
City and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance from City for
fiscal year 1993/1994 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 the Gang Intervention Program, all of which are 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.
(c) Subrecipient will comply with applicable uniform
administrative requirements, as described in 24 CFR, Part 570.502.
(d) Subrecipient will carry out each activity, program and/or
project in compliance with all federal laws and regulations as set forth in 24
CFR, Part 570, with the following exceptions, (i) the Subrecipient
does not assume the environmental responsiblities of the Grantee as described
in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the
Grantee's responsiblities for initiating the review process under Executive
Order Number 12372.
(e) Subrecipient will comply with the requirements set forth in
the Uniform Relocation Assistance and Real Property Acquisition Policy Act of
1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal
regulations when attempting to or acquiring any building or parcel of land.
Subrecipient will be required to obtain written approval from the Executive
Director of the Development Department prior to any activity taking place
within the confines of URA 49 CFR, Part 24, as amended.
2. Payments.
City shall reimburse Subrecipient for allowable costs incurred
under the scope of this Agreement and applicable Federal regulations, which
have not been paid for or reimbursement will be made at least on a monthly
basis, with the total of all such reimbursements not to exceed $20,000.
3. Term.
tc�
This Agreement shall commence July 1, 1993, and terminate er
--1-, 1994.
4. Use of Funds; Budget; Travel Limitation
(a) The funds paid to Subrecipient shall be used by it solely for
the purposes set forth in Paragraph 1(b) of this Agreement, and in accordance
with the program budget submitted by Subrecipient to the City of San
Bernardino Community Development Department, a copy of which is attached to
this Agreement as Exhibit "B". This budget shall list all sources of funding
for the program covered by this Agreement, whether from State, Federal, local
or private sources, and shall identify which sources are paying for which
specific portions of the program, by line-item, to the extent practicable.
(b) No travel expenses for out-of-state travel shall be included
in this program unless specifically listed in the budget as submitted and -
approved, and all travel expenses to be funded from funds provided hereunder
shall be specifically identified as travel expense, which shall be negotiated
between the City of San Bernardino Development Department and Subrecipient as
listed in the budget. Any travel expenses incurred by Subrecipient above the
budgeted amount or for out-of-state travel shall not be eligible for
reimbursement unless the prior written approval of the Executive Director of
Development Department of the City of San Bernardino, or designee, has been
obtained.
(c) Funds shall be used for purposes authorized by the Community
Development Block Grant Program only, and no portion of the funds granted
hereby shall be used for any purpose not specifically authorized by this
Agreement.
(d) Only net payroll shall be periodically reimbursed by City as
an allowable cost. Any amounts withheld by Subrecipient from an employee's
pay for taxes, social security, or other withholdings and not actually paid
over to another entity, shall not be included as wages or expenses eligible
for reimbursement as an allowable cost until such time as the withheld taxes,
social security, or other withholding are immediately paid over to another
entity entitled to such payment. Upon such payment and the submission of
evidence of such payment to the City of San Bernardino Development Department,
such expenses shall be regarded as an allowable cost, and the City shall
reimburse Subrecipient for such obligation.
(e) Subrecipient shall be allowed, with the prior written approval
to the budget during the first three (3) quarters of the fiscal year, so
long as Subrecipient is in compliance with Section 012" of this Agreement at
the time of submission of the budget modification request. A variation in the
itemization of costs, as set forth in the proposed budget submitted to City,
not to exceed ten percent (10X) as to any particular line item, shall be
allowed, provided that the prior written approval of the Executive Director of
the Development Department of the City of San Bernardino is obtained, it being
understood that the total amount of the grant shall not be varied thereby.
(f) The parties intend that grant funds be utilized within the
time period covered by this Agreement, and entitlement to any funds not
expended or obligated shall revert to the City. No reserve for the future
shall be established with the funds except as may be authorized to meet
commitments made for services provided during the period of this Agreement,
but not yet paid for at the conclusion of this Agreement.
(g) Subrecipient shall remain in compliance with all state,
federal and local laws prior to the receipt of any reimbursement hereunder.
This includes, but is not limited to, all laws and regulations relative to the
form of organization, local business licenses and any laws and regulations
specific to the business and activity carried out by Subrecipient.
Reimbursement shall not be made to Subrecipient which is not operating in
compliance with all applicable laws. Reimbursements may be subsequently paid,
at the direction of the Executive Director of the Development Department for
reimbursement costs incurred during the period when compliance is achieved
before expiration of this Agreement.
S. Accountinx; Audit
(a) Prior to the final payment under this Agreement, and at such
other times as may be requested by the Executive Director of the Development
Department of the City of San Bernardino, Subrecipient shall submit to the
Director an accounting of the proposed and actual expenditures of all revenues
from whatever source accruing to the organization for the fiscal year ending
June 30, 1994.
(b) Financial records shall be maintained by Subrecipient in
accordance with Generally Accepted Accounting Principles, and in a manner
which permits City to trace the expenditures of funds to source
documentation. All books and records of subrecipient are to be kept open for
inspection at any time during the business day by the City, its officers or
agents, and by any representative of the United States of America authorized
to audit community development block grant programs.
(c) Standards for financial management systems and financial
reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be
fully complied with by Subrecipient. Subrecipient acknowledges that the funds
provided are federal funds.
(d) Subrecipient's financial management system shall provide for
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 all assets of the program, and Subrecipient shall
assure that they are used solely for authorized purposes.
6. Services Available to Residents• Monitoring and ReDortiAg
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, religion, 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
Executive Director of the Development Department of the City of San
Bernardino, in accordance with 24 CFR, Part 85.41(c)(d) and Part 85.21.
Failure to provide such quarterly performance reports may prevent the _
processing by City of Subrecipient's requests for reimbursement, and may
justify temporary withholding as provided for in Paragraph "11" hereof. City
reserves the right to waive such breach, without prejudice to any other of its
rights hereunder, upon a finding by the Executive Director of the Development
Department that such failure was due to extraordinary circumstances and that
such breach has been timely cured without prejudice to the City.
7. Procurement Practies• Conflict of Interest,
Subrecipient shall comply with procurement procedures and
guidelines established by 24 CFR, Part 85.36(d),(l), Subrecipient "Procurement
Standards". In addition to the specific requirements of 24 CFR, Part 85,
Subrecipient shall maintain a code or standards of conduct which shall govern
the performance of its officers, employees or agents in contracting with and
expending the federal grant funds made available to Subrecipient under this
Agreement. Subrecipient's officers, employees or agents shall neither solicit
nor accept gratuities, favors, or anything of monetary value from contractors
or potential contractors. To the extent permissible by state law, rules, and
regulations, the standards adopted by Subrecipient shall provide for
penalties, sanctions or other disciplinary actions to be applied for
violations of such standards by either the Subrecipients's officers, employees
or agents, or by contractors or their agents. Subrecipient shall provide a
copy of the code or standards adopted to City forthwith. All procurement
transactions without regard to dollar value shall be conducted in a manner so
as to provide maximum open and free competition. The Subrecipient shall be
alert to organizational conflicts of interest or non-competitive practices
among contractors which may restrict or eliminate competition or otherwise
restrain trade. Subrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR Section 570.611 and to the procurement rules
specified in 24 CFR, Part 85.36, in its expenditure of all funds received -
under this Agreement.
8. Anti-Kick Back Provisions; Equal Employment Opportunity
All contracts for construction or repair using funds provided under
this Agreement shall include a provision for compliance with the Copeland
"Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor
Regulations (29 CFR, Part 3). This Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public work, to give up
any part of the compensation to which he/she is otherwise entitled.
Subrecipient shall report all suspected or reported violations to City. All
contracts in excess of $10,000.00 entered into by Subrecipient using funds
provided under this Agreement shall contain a provision requiring compliance
with Equal Employment Opportunity provisions established by Executive Order
Number 11246, as amended.
9. Prevailing wage Regutrement
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. 276(a) to 276(a)(7)) and as
supplemented by Department of Labor Regulations (29 CFR). Under this act,
contractors shall be required to pay wages to laborers and mechanics at a rate
not less than the minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall place a copy of the
current prevailing wage determination issued by the Department of Labor in
each solicitation and the award of a contract shall be conditioned upon the
acceptance of the wage determination. Subrecipient shall report all suspected
or reported violations to City.
10. Approval of City of any Charges; Use of Program Income,-
(a) City hereby requires Subrecipient to notify the City in
writing, of its intent to charge a fee for any service, the provision of which
is assisted pursuant to the Agreement. City requires Subrecipient to obtain
the prior written approval of City for any charges or fees to be charged by
Subrecipient for such services, and of any rules and regulations governing the
provision of services hereunder.
(b) Program income represents gross income received by the
Subrecipient directly generated from the use of funds provided hereunder.
Such earnings include interest earned on advances and may include, but will
not be limited to, income from service fees, sale of commodities, usage and
rental fees for real or personal property using the funds provided by this
Agreement. As to such income, it shall be first applied to eligible program
activities, before requests for reimbursement and, in the use, shall be
subject to all applicable provisions of this Agreement. Income not so applied
shall be remitted to City. Subrecipient shall remit all unspent program
income to the City within thirty (30) days subsequent to the end of the
program year (June 30, 1994).
11. Temporary withholding
The Executive Director of the Development Department of the City of
San Bernardino is authorized to temporily withhold the payment of funds to
Subrecipient 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 Executive Director. Subrecipient shall have the right to
appeal the decision of the Executive Director to the Mayor and Common
Iouncil. The sole grounds for such appeal shall be that no violation of the
Agreement has occurred. Subrecipient shall file such appeal within fifteen
(15) days after such first withholding. The Mayor and Common Council shall
set a date for the hearing of such appeal which is within thirty (30) days-
following the date of filing.
12. Records Retention
Financial records, supporting documents, statistical records, and
all other records pertaining to the use of the funds provided under this
Agreement shall be retained by Subrecipient for a period of three (3) years,
at a minimum, and in the event of litigation, claim or audit, the records
shall be retained until all litigation, claim or audit findings involving the
records, have been fully resolved. Records for non-expendable property
acquired with federal funds provided under this, Agreement shall be retained
for three (3) years after the final disposition of such property.
13. Property Management Standards
Non-expendable personal property, for the purposes of this
Agreement, is defined as tangible personal property, purchased in whole or in
part with federal funds, which has useful life of more than one (1) year and
an acquisition cost of one-thousand dollars ($1,000.00) or more per unit.
Real property means land, including land improvements, structures and
appurtenances thereto, excluding movable machinery and equipment.
Non-expendable personal property and real property purchased with or improved
by funds provided under this Agreement shall be subject to the property
management standards set forth in 24 CFR, Part 85.32.
14. Termination for Cause
(a) City reserves the right to terminate this Agreement in
accordance with 24 CFR, Part 85.43, and any and all grants and future payments
under this Agreement, in whole or in part, at any time before the date of
ompletion of this Agreement whenever City determines that the Subrecipient
has materially failed to comply with the terms and conditions of this
Agreement. In the event 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.
(b) In the event of any termination whether for cause or for
convenience, Subrecipient shall forthwith provide to the Development
Department any and all documentation needed by the Development Department to
establish a full record of all monies received by Subrecipient and to document
the uses of same.
15. Termination for Convenience
City or Subrecipient may terminate this Agreement in whole or in
part provided both parties agree that the continuation of the project would
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
:ancel as many outstanding obligations as possible. City shall allow
Subrecipient full credit for the City's share of the non-cancellable
obligations properly incurred by the Subrecipient prior to termination.
16. Reversion of Assets,_
Subrecipient agrees that upon expiration of this Agreement, the
Subrecipient shall transfer to the City any and all CDBG funds not used at the
time of expiration and any accounts receivable attributable to the use of CDBG
funds. Subrecipient agrees that any real property under its control, which
was acquired or improved, in whole or in part, with CDBG funds in excess of
$500.00 shall either, (i) be used to meet one (1) of the three (3) national
objectives as set forth in 24 CFR, Part 570.208 until five (5) years after
expiration of the Agreement or such period of time as determined appropriate
by the City, or; (ii) is disposed of in a manner which results in the City
being reimbursed in the amount of the current fair market value of the
property less any portion thereof attributable to expenditure of, or
improvement to, the property by Subrecipient. Such reimbursement is not
required after the period of time specified in "i" above.
17. Hold Harmless
Subrecipient agrees to indemnify, save and hold harmless the City and the
Development Department and their employees and agents from all liabilities and
charges, expenses (including counsel fees), suits or losses, however
occurring, or damages, arising or growing out of the use of or receipt of
funds paid under this Agreement and all operations under this Agreement.
Payments under this Agreement are made with the understanding that the City
and the Development Department are not involved in the performance of services
or other activities of the Subrecipient. Subrecipient and its employees and
agents are independent contractors and not employees or agents of City and the
Development Department.
18. Amendment,
This Agreement may be amended or modified only by written agreement
signed by both parties, and failure on the part of either party to enforce any
provision of this Agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
19. Assignment,
This Agreement shall not be assigned by Subrecipient without the
prior written consent of City.
20. Notices.
All notices herein required shall be in writing and delivered in
person or sent certified mail, postage prepaid, addressed as follows:
As to City: As to Subrecipient
KENNETH J. HENDERSON LOS PADRINOS
Executive Director OF SOUTHERN CALIFORNIA
Development Department 1354 N. "G" Street
Economic Development Agency San Bernardino, CA
201 North "E" Street, Third Floor
San Bernardino, CA 92401
21. 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 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.
22. Certification of Assurance
Subrecipient shall comply with the program requirements attached
hereto as Exhibit "C", which are incorporated by reference as though fully set
forth at length and made a part of this Agreement by execution of all
certifications and assurances of the CDBG program.
23. Entire Agreement,
This Agreement and any document or instrument attached hereto or
referred to herein integrates all terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations and prior writing in
respect to the subject matter hereof. In the event of conflict between the
terms, conditions or provisions of this Agreement, and any such document or
instrument, the terms and conditions of the Agreement shall prevail.
24. No Third Party Beneficiaries
No third party shall be deemed to have any rights hereunder
against any of the parties hereto as a result of this Agreement.
FY 1993/1994 CDBG AGREEMENT BETWEEN CITY
AND
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the_
date and year first hereinabove written.
ATTEST: CITY OF SAN BERNARDINO
By:
City Clerk Tom Minor, Mayor
City of San Bernardino
SUBRECIPIENT
Approved as to form and By:
legal content: 4irecre-ta—'ry -
By:
JAMBS F. PENMAN, gy;
City Attorney "A 62-
LJML:0397e
Rev. 6/1993
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, City Clerk of the City of San
Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of Mayor
and Common Council of the City of San Bernardino Resolution No. is
a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the Mayor and Common Council of the City of San Bernardino
this day of , 1993.
City Clerk
City of San Bernardino
By:
Deputy
LJML:0397e
Attachment A
SCOPE OF SERVICES (Description of activities)
THE COUNSELING COMPONENT IS A VALUABLE AND ESSENTIAL PART OF OUR
LOS PADRINOS GANG INTERVENTION PROGRAM, PROVIDING YOUTH GANG
MEMBERS AND THEIR FAMILIES THE FOLLOWING SERVICES :
CRISIS COUNSELING, DRUG AND ALCOHOL DETOX , PARENTING SKILLS ,
FAMILY COUNSELING, LEADERSHIP TRAINING, FAMILY BUDGETING ,
EMPLOYMENT AND CAREER PREPARATION , EDUCATIONAL COUNSELING AND
REFERRALS .
PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY
Personal Services $21,000 , 00 A $20 ,000.00
Professional Services
Capital Improvements
Totals $20 ,000.00
PROPOSED DATE ACTUAL DATE
PROJECT SCHEDULE OF COMPLETION OF COMPLETION
Planning Concepts
Design & Engineerinit
Advertisement for Bids
Bid Open
_ Award of Contract
Benin Construction
509 Construction
Complete Construction
Project Completion
mkc:2842J
- 1 -
f
CITY OF SAN BBBNAFDINO
DSVEMPMENT DBPABT?WT
"Certification and Assurance"
(To Accompany CDBG Agreement)
I, MAX L . ALONSO III , EXECUTIVE DIRECTOR
(Name and Title of Official) , of the
LOS PADRINOS OF SOUTHERN CALIFORNIA , INC .
(Name of Agency/Organization) located at
1354 NO. "G" ST, SAN BERNARDINO , CA . 92405
do hereby
(Address of Agency/Organization)
make the following certification and assurance to accompany the
Community Development Block Grant Agreement between
LOS PADRINOS OF SOUTHERN CA . INC.
and the
(Name of Agency/Organization)
City of San Bernardino:
a) Certify that the information booklet for CDBG Program requirements
has been read and understood, and
b) Assure that the LOS PADRINOS OF SOUTHERN CA . INC . will
(Name of Agency/Organization)
comply with all governing requirements as stipulated herewith in the
performance of the CDBG Agreement.
JULY 7 . 1993
(Signature of Official) (Date)
Development Department
(Date)
10 AJH:mkc:2437J