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HomeMy WebLinkAbout08- Community Development DE LOPMENT DEPARTMENT 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 DATE: July 27, 1993 BETWEEN THE CITY AND SUBRECIPIENTS --------------------------------------------------------------------------------------------------------------------------------------------- Synousis 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. --------------------------------------------------------------------------------------------------------------------------------------------- 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 OPTION HOUSE, INC. (Motions Continued to Next Page) Www�l Administrator KENNET J. HEND RSON Executive Director -------------------------------------------------------------------------------------------------------------------------------------------- Contact Person(s): Kenneth J. Henderson/Laura Muna-Lands Phone: 5081 Project Area(s): All Ward(s): 1 - 7 Supporting Data Attached: Staff Report; Resolutions; 1 original of each agreement FUNDING REQUIREMENTS: Amount: N/A Source: FY93/94 CDBG LOC Budget Authority: Previously Established 5/24/1993 --------------------------------------------------------------------------------------------------------------------------------------------- Commission/Council Notes: ------------------------------------------------------------------------------------------------------------------------- KJH:LML:lag:cdbgagmt COMMISSION MEETING AGENDA MEETING DATE: 08/02/1993 Agenda Item Number: S— REQUEST FOR COMMISSION/C NCIL FY1993/1994 CDBG Agreements July 23, 1993 Page Number -2- -------------------------------------- - Recommended Motion(s) 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 OPTION HOUSE, 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 HIGHLAND DISTRICT COUNCIL ON AGING, INC. 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 SAN BERNARDINO UNIFIED SCHOOL DISTRICT. 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 GREATER SAN BERNARDINO AREA SPECIAL OLYMPICS. MOTION F: 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 COMMUNITY AGAINST DRUGS, INC. MOTION G: REOLUTION 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 TEDDY BEAR TYMES CHILD CARE CENTER, INC. MOTION H: RESLUTION 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 OPTION HOUSE, INC. (Motion(s) Continued to Next Page) --------------------------------------------------------------------------------------------------------------------- KJH:LML:lag:cdbgagmt COMMISSION MEETING AGENDA MEETING DATE: 08/02/1993 Agenda Item Number: _ REQUEST FOR COMMISSION/C NCIL ACTION FY1993/1994 CDBG Agreements July 23, 1993 Page Number -3- Recommended Motion(s) Continued: MOTION I: RESLUTION 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 HIGHLAND DISTRICT COUNCIL ON AGING, INC. 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 FRAZEE COMMUNITY CENTER 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 CHILDREN'S FUND INC. ------------------------------------------------------------------------------------------------------------------------ KJH:LML:lag:cdbgagmt COMMISSION MEETING AGENDA MEETING DATE: 08/02/1993 ®1 Agenda Item Number: _ DE ? LOPMENT DEPARTMEN" .,r' THE CITY OF SAN BERNARDINO STAFF REPORT -------------------------------------------------------------------------------------------------------------------------------------------- FY 1993/1994 Community Development Block Grant (CDBG) Agreements between the City and Subrecipients 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: ORGANIZATION USE OF FUNDS FUNDING AMOUNT Option House, Inc. Transitional Housing $22,000 Option House, Inc. Rehabilitation of Trailer Units $40,000 Highland District Council on Aging, Inc. Rehabilitation of Facility $10,000 San Bernardino Unified School District Emmerton School Program $20,000 Greater San Bernardino Area Special Olympics Community Programs for the Mentally $10,000 Retarded San Bernardino Community Against Drugs, Inc. Awareness Program $20,000 Teddy Bear Tymes Child Care Center, Inc. Tuition Assistance $8,924.15 Option House, Inc. Domestic Violence Services $20,000 Highland District Council on Aging, Inc. Senior Services and Activities $20,000 Frazee Community Center Emergency Food and Referral Services $20,000 Children's Fund Assistance to Abused Children $20,000 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" through W. 144 em KENNE H J. HE ERSON, Executive Director Development Department KJH:LML:lag:cdbgagmt COMMISSION MEETING AGENDA MEETING DATE: 08/02/1993 Agenda Item Number: _ { �I 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 OPTION HOUSE, 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 OPTION HOUSE, 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 $22,000 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. 0 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CDBG AGREEMENT BETWEEN THE CITY AND Option House, 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 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 OPTION HOUSE, 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 providing transitional housing to family units, all of kw 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 Aft 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 $22,000. 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 (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 Oft 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 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 0 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 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 aim 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 OPTION HOUSE, INC. Executive Director P.O. Box 970 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 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 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) Funds were approved for Option House to construct additional housing to shelter families of battered women and children. Activities will encompass the following: moving the mobile units from Huntin&neach, pay City fees and permits, provide engineering and landscape architectual services, site preparation and grading, construct the mobile home foundations, rehabilitate two (2) double-wide mobilehome units, build four carports; provide sewer, water, electrical service; and build trash enclosure, sliding iron gate, driveway and parking lot, drainage structure, perimeter block wall, landscape and irrigation system including all materials and labor necessary to accomplish said work. PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY Personal Services Professional Services $75,000 92-93 $50,000 Home Capital Improvements $62,000 93-94 92-93 $ 187,000 Totals $137,000 $50,000 $ 187,000 PROPOSED DATE ACTUAL DATE PROJECT SCHEDULE OF COMPLETION OF COMPLETION Planning Concepts Desi & Enitineering Advertisement for Bids Bid Open Award of Contract Begin Construction 50% Construction Complete Construction Pro ect Com letion mkc:2842J - 1 - CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Veleata Scott / Executive Director of the (Name and Title of Official) Option House, Inc. located at (Name of Agency/Organization) P.O. Box 970, San Bernardino, CA 92402 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between Option House, 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 0 tion House Inc. w ' ill (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. /1 L� S gnat ute of dfficial) ( at � Development Department (Date) AJH:mkc:2437J 0 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 OPTION HOUSE, 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 OPTION HOUSE, 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 $40,000 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 ffi19CUTION OF A CDBG AGREEMENT BETWEEN THE CITY AND Option House 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 ABSEflT 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 ® Q AGREEMENT 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 OPTION HOUSE, 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 rehabilitation of trailer units to be used for transitional housing, 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 $40,000. 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 o 0 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 j 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 (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 7 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 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 "ll" 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 ��nnwrrrw 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). A 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 }fie _ WN 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 I�ianaAement 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 I 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 o cancel as many outstanding obligations as possible. City shall allow 0 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 '� p ed in "ill 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 OPTION HOUSE, INC. Executive Director P.O. Box 970 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 +ar�rrrrrrr. +r 0 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. I 24. No Third Parry Beneficiaries No third party shall be deemed to have any rights hereunder against any of the parties hereto as a result of this Agreement. I 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: 4 President JAMES F. PENMAN, BY: �City Attorney 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 mom Attachment A SCOPE OF SERVICES (Description of Activities) Funds were approved for Option House to construct additional housing to shelter families of battered women and children. Activities will encompass the following: moving the mobile units from Huntintrheach, pay City fees and permits, provide engineering and landscape architectual services, site preparation and grading, construct the mobile home foundations, rehabilitate two (2) double-wide mobilehome units, build four carports; provide sewer, water, electrical service; and build trash enclosure, sliding iron gate, driveway and parking lot, drainage structure, perimeter block wall, landscape and irrigation system including all materials and labor necessary to accomplish said work. PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY Personal Services Professional Services Ca ital Improvements $62 000 93-94 $50,000 Home 92-93 $ 187,000 Totals $137,000 $50,000 $ 187,000 PROJECT SCHEDULE PROPOSED DATE ACTUAL DATE OF COMPLETION OF COMPLETION Plannipg Concepts Desi & Engineering Advertisement for Bids Bid Open Award of Contract --Begin Construction 50% Construction —Complete Construction Project Com letion mkc:2842J - 1 - CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I. Veleata Scott/ Executive Director (Name and Title of Official) , of the Option House, Inc. (Name of Agency/Organization) located at P.O. Box 970, San Bernardino, CA 92402 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between Option House, 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 ODtlon House Inc will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. i 1 (Signs re Offici 1) (Date) Development Department (Date) AJH:mkc:2437J � 1 v 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 HIGHLAND DISTRICT COUNCIL ON AGING, 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 HIGHLAND DISTRICT COUNCIL ON AGING, INC. , 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 $10,000 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. 0 0 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CDBG AGREEMENT BETWEEN THE CITY AND Highland District Council on Aging, 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 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 HIGHLAND DISTRICT COUNCIL ON AGING, 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 repair and/or replacement of the following items; front porch, storage room, lighting, and floor covering for facility, 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 Oft AMk 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 $10,000. 3. Term. �- 1 This Agreement shall commence July 1, 1993, and terminate 3J, 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 !k 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 (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 ar�.n�r 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 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 0 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. Prevail nit 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-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 O 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 o 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 HIGHLAND DISTRICT COUNCIL Executive Director ON AGING, INC. Development Department 3102 E. Highland Avenue Economic Development Agency Highland, 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 ,. 9' a6F,' s, .a,y.+sf ,.'�u3` a�G `�S 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: X&L4,1 _ legal content: President JAMES F. PENMAN, BY: / /. City Attorney Secretary By: LJML:0397e Rev. 6/1993 0 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 x ; Attachment A SCOPE OF SERVICES (Description of Activities) CAPITAL IMPROVEMENTS - NEW CARPET FOR CENTER, CLOSE IN PORCHES TO CREATE MORE ROOMS FOR ACTIVITIES AND NEW, MORE EFFICIENT, LIGHTING. PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY Personal Services $ 151 563 Professional Services 3,500 Capital Improvements S 10 000 10,000 Totals $ 10,000 $ 165,063 PROPOSED DATE ACTUAL DATE PROJECT SCHEDULE OF COMPLETION OF COMPLETION Plaimina Concepts JULY 1993 Design & Qineering Advertisement for Bids Bid Open JULY - AUGUST 1993 Award of Contract JULY FOR CARPET/AUGUST FOR PORCHES Begin Construction - 50% Construction Complete Construction Proiect Completion JULY FOR CARPET/AUGUST FOR PORCHES mkc:2842J - 1 - CITY OF SAN BERN ARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, DON BELLAIRS , of the (Name and Title of Official) HIGHLAND DISTRICT COUNCIL ON AGING, INC. DBA HIGHLAND 4FNTQR CTNTFR located at (Name of Agency/Organization) P. 0. BOX 948, 3102 E. HIGHLAND AVENUE, HIGHLAND CA 92346 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between HIGHLAND DISTRICT COUNCIL ON AGING, INC. DBA HIGHLAND SENIOR CENTER 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 HIGHLAND DISTRICT COUNCIL ON AGING, INC. b) Assure that the aBA HIGHLAND SENIOR BEM" will (Name of Agency/Organization) comply with all governing requirements as Stipulated herewith in the performance of the CDBG Agreement. C.l� \ � JUNE 29, 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 BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO UNIFIED SCHOOL DISTRICT 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 UNIFIED SCHOOL DISTRICT, 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 (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. 0 RESOLUTION OF THE CITY OF SAN BERN ARDINO AUTHORIZING THE EXECUTION OF A CDBG AGREEMENT BETWEEN THE CITY AND San Bernardino Unified School P' t ict. 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. ORLIN RALPH HERNANDEZ DAVID OBERHELMAN VACANT VALERIE POPE-LUDLAM NORINE MILLER City Clerk The foregoing resolution is hereby approved this of 1993. day 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 UNIFIED SCHOOL DISTRICT, 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 multi-agency effort designed to bring needed services to a high risk population. , 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 i 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 �w. 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 Junes x✓�___ � iL/L _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� y h 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 periodically reimbursed b y 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 i long as Subrecipient is in compliance with Section "2" o®is 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 Q 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. Residentse-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 I I 0 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. 8. Anti-Kick Back Provisions; B 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. Prevail_inx Naze 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(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 i .r.rrrrrrw 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 3 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 a ppeal 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 (W 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 0 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 g nts 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 UNIFIED Executive Director SCHOOL DISTRICT Development Department 777 N. "F" 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 Parry Beneficiaries - No third party shall be deemed to have any rights hereunder against any of the parties hereto as a result of this Agreement. 0 0 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 s E 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 legal content: By: Harold L. Bori Ed.D. JAMES F. PENMAN, Assistant Superintendent City Attorney Administrative Services 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) See attached PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY Personal Services 20,000 45 000 65,000 Professional Services Capital Improvements Totals 20,000 45,000 65,000 PROPOSED DATE ACTUAL DATE PROJECT SCHEDULE OF COMPLETION OF COMPLETION Planning Concepts Design &.. Enxineer i Advertisement for Bids Bid Open Award of Contract Be in Construction 501 Construction complete Construction Pro ect Com letion mkc:2842J - 1 - San Bernardino City Unified School District Emmerton Elementary School High "isk Project -ERVICES .e San Bernardino City Unified School District shall provide a full-time Project Coordinator to conduct the Emmerton Elementary School High Risk Program. This program is a school-based family social support program which enables high-risk students to ready themselves for the classroom environment. The Emmerton High Risk program operates on the premise that ongoing, reliable personal contact from school officials and social service providers with students and parents must be made and trust developed. The Project Coordinator will be actively involved in the community and will build a bridge of trust with Emmerton area residents. The Project Coordinator will organize efforts of cooperating public and private non-profit service agencies in order to better address the critical needs of "high-risk" , low income children and their families. The goal of the project, through the efforts and cooperation of these agencies, and through direct social worker services and interventions performed by the Project Coordinator, is to provide the services listed as follows: HEALTH The County Department of Public Health has located its public health van on the property of Emmerton Elementary School where free child physical exams, immunizations, health and dental referrals, etc. are offered every Monday for Emmerton children, birth to 12 years of age. A public health nurse will spend two days per week at Emmerton providing comprehensive direct health care. In addition, the nurse will make home visits to evaluate referral situations and to assess health needs. For 1993-94 the Project will work with CHDP to tablish a dental component to the Project. COUNSELING The County Department of Mental Health and the Center for Community Counseling, will provide counseling services at no cost to the School District. Individual and group therapy will be provided to Emmerton children and family therapy will be furnished as needed. The School District will provide a full-time counselor to work with students who are chronically absent to improve school attendance and to counsel students who have behavior problem. RECREATION The San Bernardino City Parks and Recreation Department will provide an after school program at Emmerton. This will include support for structured activities and student supervision while Emmerton Elementary School provides the facilities and School Police provides the security. SUPPORTIVE EDUCATION P.R. I. C.E. (Positive, Responsibility, Influence, Consequences, Encouragement) parenting program will be offered to Emmerton families by a trained school counselor. The Drug Awareness Resistance Education (D.A.R.E. ) program will be conducted at Emmerton. During 1992-93 a Parent Participation Preschool Program was implemented in conjunction with the Adult Education Department. Approximately 20 parents and their preschool children participated. ring the 1993-94 school year the Emmerton Project plans to implement an adult NMI' I San Bernardino City Unified School District Emmerton Elementary School High Ri-1, Project literacy class. The Emmerton Project also plans to explore the possibility of Iplementing a Head Start Program for the 1994-95 school year. COMMUNITY SERVICE/SUPPORT S.H.A.R.E. of Southern California, a self-help and resource exchange organization, will provide the Emmerton parents $35-$40 worth of surplus nutritious food in exchange for $13 and 2 hours of volunteer services to a school, church or community services. Emmerton Elementary School has been officially adopted by Carl ' s Junior and Redlands Federal Savings and Loan. Both of these businesses will provide financial support and will be involved with the school . Target Stores and Norton AFB Headquarters have not formally adopted but will work with the school on specific projects. OPERATIONS The School District will provide coordinated services to families within the Emmerton Elementary School attendance boundaries, assisting in the stabilization of the community by the activation of Emmerton Elementary School as a resource center and safe haven, toward the goal of restoring the quality of life in this community. The School District will utilize CDBG funds to hire a Project Coordinator who will conduct program services. Emmerton School is located at 1888 Arden Avenue, San Bernardino. i SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT EMMERTON ELEMENTARY SCHOOL HIGH RISK PROJECT CDBG BUDGET SUMMARY 1993-94 Personnel : Clerical Wages $ 8, 694 (County CDBG) Fringe Benefits 1, 266 (County CDBG) Consultant/Contract 25, 040 (County CDBG) 20, 000 (City CDBG) 10, 000 (S . B. City Schools) $65, 000 .,r a CITY OF SAN BERNARDINO DEVELOPMENT DEPA&TIKNT "Certification and Assurance" (To Accompany CDBG Agreement) a I, Harold L. Boring Asst. Su t. Admin. Svs. , of the (Name and Title of Official) -_ an Bernardino City Unified School District located at (Name of Agency/Organization) 777 N 111 4 San Rarnard ' o 92410 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between San Bernardino City Unified School District 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 San Bernardino City Unified School District will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. F4144%k JUL 12 1993 (Signature of 0 ficial) (Date) Development Department (Date) AJH:mkc:2437) 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 GREATER SAN BERNARDINO AREA SPECIAL OLYMPICS 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 GREATER SAN BERNARDINO AREA SPECIAL OLYMPICS, 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 $10,000 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 BERNABDINO AUTHORIZING THE ERBCUTION OF A CDBG AGREEMENT BETWEEN THE CITY AND Greater San Bernardino Area Special Olympics 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 AOftN VACANT VALERIE POPE-LUDLAM NORINE MILLER I City Clerk The foregoing resolution is hereby approved this of 1993. —__ day Tom Minor, Mayor Approved as to form and legal content: JAMES F. PENMAN., City Attorney By O397e A011k AGR THIS AGREEMENT is entered Into effective as of the at San Bernardino, Californiap between the City OF SAN BERNARDINO, a municipal corporation, referred to as loCityet, and GREATER SAN BERNARDINO AREA SPECIAL OLYMPICS, a nonprofit community service organization, referred to as "Subrecipient". City and Subrecipient agree as follows: 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 for mentally retarded to develop Physical fitness, prepare for entry into school and community programs and create friendships, 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 "All, attached hereto and Incorporated into this Agreement as though fully set forth herein. (c) Subrecipient will comply with applicable uniform administrative requitements, 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 #10,000. 3. Term, This Agreement shall commence July 1, 1993, and terminate Dzzam};_ .-1-j 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 b line � , Y - 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. An p p 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, Csocial 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 JF- 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 f=ds 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. AccovntLna 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 ReDortinit 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 "ll" 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 PractiesL 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. Subr cipient 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. ti-Kick Back Provisions, Eaual Employment OD ortimity 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 I 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. va i rAes: Use of Pro raa Income (a) City hereby requires Subrecipient to notify the City in writing, of its intent to an charge a fee for the g Y service, 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 not be limited to, income from service fees sale Of Y include, but will 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 subject to all applicable � all be provisions of this Agreement. Income not so applied shall be remitted to City. Subrecipient shall remit all unspent income to the City within thirty program Y (30) days subsequent to the end of the program year (June 30, 1994). 11. Temporary iii rhholdins The Executive Director of the Development Department of the C San Bernardino is authorized to tem oril withhold the City of P Y payment of funds to Subrecipient when the Director determines that any violation of this A re � has occurred, g ement Funds shall be withheld until the violation is corrected to the satisfaction of the Executive Director. Subrecipient shall have the right appeal the decision of the Executive Director to the Mayor and Common to 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, m or audit ' g ' claim 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. Jernination for Cenop„auie 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 cred_ _ 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 Cit y 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 reem A8 ent. 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. NqtLces 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 GREATER SAN BERNARDINO AREA Executive Director SPECIAL OLYMPICS Development Department 547 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. Bntire 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 Ben LL,- iv, No third party shall be deemed to have any rights hereunder against any of the parties hereto as a result of this Agreement. I FY 1993/1994 CDBG AGE BETWEEN CITY AND 1K VIT"SS 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 SUBRECIPTENT I . 1 APPrnved as to form and legal content: By: �iY/ ��/M✓� Pres ent JAMBS F. Pg�, City Attorney BY: 2' BY: L7ML:0397e Rev. 6/1993 I 0 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 co py 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 i Attachment A SCOPE OF SERVICES (Description of Activities) PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY Personal Services Professional Services Ca 1tal Improvements Totals PROJECT SCHEDULE PROPOSED DATE ACTUAL DATE OF COMPLETION OF COMPLETION PlEaminK Concepts Desism & Engineering Advertisement for Bids Bid Open Award of Contract Begin Construction 50% Construction Complete Construction Project Completion mkc:28d2J - 1 - SCOPE OF SERVICES Special Olympics provides year - round training and athletic competition in a variety of well - coached Olympic - type sports for mentally retarded individuals, ages B and up. Special Olympics provides them with continuing opportunities to develop physical fitness, prepare for entry into school and community programs, express courage, experience joy, and participate in the sharing of skills and friendship with their families, other Special Olympians and the Community. The local Special Olympics program provides training and competition in Volleyball, Softball, Bowling, Aquatics, Track and Field, Alpine Skiing, Speed Skating, and Tennis. For many of our athletes this is their only opportunity to develop skills in physical fitness, social interaction, lifestyle development and leisure development. Through the program, athletes have the opportunity to travel to competitions and visit other areas within the state and throughout the United States. For most of our athletes this is their first opportunity to travel outside of the Greater San Bernardino area. The Special Olympics program currently serves over 400 athletes. _ Approximately seventy percent c70io) of these participants are from low -income households. 10Oo of our participants are limited clientele. The potential for growth in our area is tremendous. Athlete participation could increase by f if ty percent (507o), with the proper funding and support. The Special Olympics program is capable of improving both the participant's living environment and economic opportunities. An increase in the Olympians self-confidence and socialization skills creates a positive environment in which the participants live and promotes community awareness. This awareness will in turn create a positive attitude towards and within the developmentally disabled population. EXHIBIT A- 1 The higher self-confidence and self-esteem, along with the experience and skills gained during Special Olympics training and competition, carry into jobs and daily living skills of our participants. This positive approach opens economic avenues for the athletes and is reflected in the workplace. The community, in turn, benefits by becoming aware of the ,Athlete's abilities and needs. This promotes successful job placement and overall community support. The community is able to share in the true Olympics Spirit - where everyone is a winner. Special Olympics is a non-profit organization. Participation in the program does not require a membership fee or any other cost to the participants. All costs for training, competition, travel, lodging, meals, etc. are covered by the Greater San Bernardino Area Special Olympics program. The program is funded entirely by fundraising, donations, and grants. The requested Community Development Block Grant funding would assist our local athletes by providing funds for administrative costs. These costs include staffing expenses and administration of the program. There is one paid full-time staff , other staffing is volunteer and/or in-kind in nature. The grant would assist in providing city support for the program and assistance with administrative expenses, EXHIBIT A-2 > > L rn r-n r� t) — N - — O — t0 co v G D T T j cn �a r�J N N O 0 OD •J � � 1 – " > D cn – cn – cn – v1 – (-n o o cn – c - cn cn m to %0 t0 to to Q to to Q Q Q to Z to to to 0 to to to to Q %0 L L L L L L GJ GI CA W G1 W W w W W w W W – – — rm Z 3 t*+ Z > 1 Z rm J J �! 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Z iJ QD t]i v• ,Ji CJ) CC, Q:. 4i Ji 0., CO ,3, 0, r, T t7, c, Cr, T ,7, T CN T { hJ W CA W c_., CA CA G1 r11 G1 (A r-,1 r.11 O O O O O O J O O C O C ' � > �1 cn m m cn awn rn i n cn o cn ;s ci a) a a a a a� a a a a a bD ,- rS, rT rT qt rr. rn ON r? rn — — — — — — — — - -- — N M AA_ v, H .b. o .� > W L 0 0 0 0 0 0 C7 O O T 0 t0 t0 t0 0 t0 O R ry � M CL A W J1 --j q sir i�� O�, c�,r 0 vs 0 s4 0 sir 0 v.. 0 s9 0�r 0 sa Cyp r 4110 40. 409. A 49. 4oli� _ •W C—{ = Tw *Ire. •[ CO to L L L O to t0 to tN 9 C�O, _r Cn V T T T T T m 1, W 1,L O O O O O O O O O O O O b to C) O O O O L L L O y Z L C7 to O L L L la L L L b, 'L L Ia L %'0 a a a0 CA o0 G G G to O N r N a) L L L L L L L L L L L L O 1 s c o 0 O o 0 0 N O O 0 u; o o 0 of u� ca o 0 0 tl5 0 0 0 u� tt! O n ° O o O M 01 p 40 U? U? n N O p O N - - a7 C L 40 d N M .� �'► M w 10 as 4 C 0 } c } C ` > H tD N 9 q N aye > c c o 4 v as N ? e _ Q q y H H W Ch m �. QI 0 as Z d 0 � N o c m O to a 0 L) (n (n (Jl C Z. ti O O O 4 E = y _o 1 y Cll CL wW O i5 (w (A 7 y N s- C to _ C A j C j 9 7 ul L W O V u - y c0 c a L > vi ate] w °' - c > �. m as o e c 2 5 y z c 0 - a .0 —tts Ln �� O N V c d L C y • ;; O Oa O 01 O •'�j O OI M O� M I IN M OI C .y r.1 � V C W r m It m o 0 J 2 a J a w � 4 co u = J LJ ~ a Z O C _ L vI J• E ui �f C� T UJ 1 L U CL h Cy— v U 3 0 PO Q p q O 0. 0 ° O 90 ° 000000000 o c� J C o 0 G O m O lCfi 0 C, G 0 0 p p p p p tf? O 0 0 0 r1 N M O ^ p U) M v a � Nl m u< W H r+ O F� 4� E � C N d tea Ln L y C C t— _(D j n� in C in E °' V) o E -� c c d ~ H c L O _ Q/ 61 Ql .� T 1t1 Y V L E N C O la � N y tII R c C d C d y C E .� c !c N L Q Q 4 O (� Q � 3 C W ` E d d W Q i L m r V CL 4n a (-A al �` oc> ao :. LC• C �•. �� �-, O r7 U Q K-1 O 0 N � LO N Lr, r O O L7 tfi 'D LM O M O+ N 0 t!) r-- Q n M LT) O (V •rr •» •a — O ra "� e� 0� as es CT as ail{ CC) LA M C � N ~ Ch w c � a N 9. < e E N o - > N rL. = w o < 0 0 0 Q rn W vi c!T v � _ x @ W r`n N X a ki c X V N rn ;a O Q m ar c a ? o n -►_- � L f!1 y F- •� � lC N t y a C y L (n a - m R C V d L C N N in L O L d L'X H Q E LD (. U7 m n CITY OF SAN BERN MINO DBVHLOPMT DBPA$TMM "Certification and Assurance" (To Accompany CDBG Agreement) I, �a ►5 , -�r��, �i�e for of the Dame and Title of Official) G►'F�r�+n �r�-iar�li�o -�- �, S ec-��I G! r►--� ic.� located at (Name of Agency/Organizat on S�-7 ,/�J. JlerrG� Wc�y �r1 �/F1Cifdl►1� G�yI (i do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between r:YPcilft- lin Ek✓vtgKcbnu SnPclC O��tirHp169 and the (Name of Agency/Organiza ion) City of San Bernardino: a) Certify that the information booklet for CDBG Program requirements has been read and understood, and b) Assure that the C�►F ✓Suns�1AYd 1 n E'A c la C( , , i&-) will na (Name of Agency/Organ tion) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. Ad-L 90 (Signature of Official) ate) Development Department (Date) AJH:mkc:24371 ,..--- -.ter 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 COMMUNITY AGAINST DRUGS, 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 SAN BERNARDINO COMMUNITY AGAINST DRUGS, 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 $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 San Bernardino Community Against Drugs, 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 tl 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 SAP BERNARDINO COMMUNITY AGAINST DRUGS, 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 make society aware of the danger of alcohol, tobacco and other drug abuse, 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 JJ}q ecen�l3e0rL 1994 1-3--19.94, 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 ib 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 0 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 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 (W 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. g ent. I 8. Anti-Kick Back Provisions; Equal Eml)lovment 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. Prevailintt Waste Requirements 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 pay=ent 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 in 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 fmnds 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 cred_ _ 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. 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 GREATER SAN BERNARDINO AREA Executive Director SPECIAL OLYMPICS Development Department 547 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 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 Ben f gJ_4r &fi 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 AGREEPOW BETW%EM CITY AND IN YITAESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. ATTEST: CITY OF SAN BERNARDINO City Clerk BY. Yom Minor, Mayor City of San Bernardino SUBRECIPTENT Approved as to form and By. /1i � �1�✓� legal content: Pres ent JAMBS F. Pm", BY: City Attorney ecre 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 co and Common Council of the City of San Bernardino Resolution No.copy of Mayor a full, true and correct co is 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 PROJECT SCHEDULE PROPOSED DATE ACTUAL DATE OF COMPLETION OF COMPLETION Plaiming Concepts Desilm & Engineering Advertisement for Bids Bid Open Award of Contract Begin Construction 50% Construction Complete Construction i ! Project Completion mkc:2842J - 1 - SCOPE OF SERVICES Special Olympics provides year - round training and athletic competition in a variety of well - coached Olympic - type sports for mentally retarded individuals, ages 8 and up. Special Olympics provides them with continuing opportunities to develop physical fitness, prepare for entry into school and community programs, express courage, experience joy, and participate in the sharing of skills and friendship with their families, other Special Olympians and the Community. The local Special Olympics program provides training and competition in Vollevball, Softball, Bowling, Aquatics, Track and Field, Alpine Skiing, Speed Skating, and Tennis. For many of our athletes this is their only opportunity to develop skills in physical fitness, social interaction, lifestyle development and leisure development. Through the program, athletes have the opportunity to travel to competitions and visit other areas within the state and throughout the United States. For most of our athletes this is their first opportunity to travel outside of the Greater San Bernardino area. The Special Olympics program currently serves over 400 athletes. Approximately seventy percent c705) of these participants are from low -income households. 10OT of our participants are limited clientele. The potential for growth in our area is tremendous. Athlete participation could increase by fifty percent (50F), with the proper funding and support. The Special Olympics program is capable of improving both the participant's living environment and economic opportunities. An increase in the Olympians self-confidence and socialization skills creates a positive environment in which the participants live and promotes community awareness. This awareness will in turn create a positive attitude towards and within the developmentally disabled population. EXHIBIT A- 1 The higher self-confidence and self-esteem, along with the experience and skills gained during Special Olympics training and competition, carry into jobs and daily living skills of our participants. This positive approach opens economic avenues for the athletes and is reflected in the workplace. The community, in turn, benefits by becoming aware of the Athlete's abilities and needs. This promotes successful job placement and overall community support. The community is able to share in the true Olympics Spirit - where everyone is a winner. Special Olympics is a non-prof it organization. Participation in the program does not require a membership fee or any other cost to the participants. All costs for training, competition, travel, lodging, meals, etc. are covered by the Greater San Bernardino Area Special Olympics program. The program is funded entirely by fundraising, donations, and grants. The requested Community Development Block Grant funding would assist our local athletes by providing funds for administrative costs. These costs include staffing expenses and administration of the program. There is one paid full-time staff , other staffing is volunteer and/or in-kind in nature. The grant would assist in providing city support for the program and assistance with administrative expenses. EXHIBIT A-2 > > > n, fil Z. (A r) — n) — — o — to OD �1 p r- O (J7 \ Qi \ r11 S \ rJl \ N rJ \ O O \ OD \ -J cn - cn - cn - (n - U1 - (n (n - cn m to Q u) to to to to to tD to to t0 t0 t0 to t0 to to to to t0 to to t0 l+ L L W C4 W W Crl CA W W W W W CA � m rn z 3 m > = A __ D •J . 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C •u C � N o s _a R U? W C ws c Ln tn p +-t M y •L ` C ~ .�+ y < C L ` R li.. CX C ? lQ O UJ yad +► i0 L L C R C'JJ Li.. O N U1 Y R tV ry'1 C o = o - Q a� > a L] o ul N Ul 4Y U a C y t 4 o o! 0 0 •'�� 0 0! 0 0 O O{ M OIM C u7 .� LM C4 — I� N N O� C •N ..r 4 E e `y E ` 4 z L) ° v > o a a w ►� < r° N 4 co � = J O < V ~ c1 �n ? T 1 V - �3 � 1 V' LL (� u 2 � C v0 � O � O oO op oO C? "�'• � oocGo ;� G o o ao o G GooGp � p In O lf! O M o o t •• O O IT N O .- 1 4ow w cm C .q a it N C Ut O O N C C ed V L r+ ` .O+ q C Q► a V q N � 10 cr tytf 4 t V LLJ H O O O O O O O O c. Q+ C � N � � c ►L y L d V c VI in •� ti tl) ra O En++ C _ ch N m r U1 L1 y R R C C C d C G Gi R Ln C C �_ C !6 L CY y L O SOS W L L d C d uj 1( v E n, ��• � C '� Z> 0 - 0 O p G G D n 0 OI 0 -� C. O C) =+ 0 0 0 0 O GO p T 0 O •) u, , c r• �, p _ tIrl U1 r., O d N 'D N U, r, o O p L') tri -D LM 'n to 0% N V) to Q rd� LO O N +,r » 7,; _ .' p r� ass ens O .rs e s C; ds °''�I CO LA i C4 M M M � M C L N ~ a w - e t V _ 0 C N W c'J = W X ^ N W '•' O T r`n N x a LM C x R rn R O T _ O R �- O L N U a in 0 L. (n N F-- R C L 4)y V y 41 R C_ 1 1 4? O C. \ O N C. C N N Ln C_ O � Q- tx a E ►- :3CY aacn r - i >I CITY OF SAN BBBNARDINO DEVBLOPPEM DBPABTMM "Certification and Assurance" (To Accompany CDBG Agreement) I, '-Dewj5 kyrr, D1(e izr , of the Name and Title of Official) F ri+n rnardi�o +(,(4 S pc n) CICI n-1 ic.2 located at (Name of Agency/Organizat on 5� JU. �i e►'ra Wc�y �n i�c(rlLirciirl� Gay i G 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 Agency/Organiza ion) City of San Bernardino: a) Certify that the information booklet for CDBG Program requirements has been read and understood, and b) Assure that the��E ✓ n .r v1(,raj()p &,Ca c 1s C will an zation) (Name of Agency/Org comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. (Signature of Official) ate) Development Department (Date) AJH:mkc:2437J lo.-- '""Opw 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 COMMUNITY AGAINST DRUGS, 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 SAN BERNARDINO COMMUNITY AGAINST DRUGS, 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 $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 San Bernardino Community Against Drugs, 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 o 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 COMMUNITY AGAINST DRUGS, 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 make society aware of the danger of alcohol, tobacco and other drug abuse, 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 JJ?enen{e0rt 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 ib 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. 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 Executive Director of _.ie 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 "ll" 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; Eaual KEDlovment 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 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(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 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; MonitoriM 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 acceptance of the wage determination. Subrecipient shall report all suspected or reported violations to City. 10. Approval OLO&Y—Off—anT 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 ..ar 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. Temoorary 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 IKanaaement Standards 3 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 I has materially failed ..o 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 1 - termination and the reasons therefore, together with the Froposed 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 Agreeme= 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 Sut-=ecipient, 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 Subrecirsent 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 te_mination 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 - - —_& —40L 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 finds. 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 CFB, 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 i or other activities of the Subrecipient. Subrecipient and its employees and 9 agents are independent contractors and not employees or agents of City and the ._.....-....,._- Development Departmen. 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. Assixnment This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 20. t c 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 COMMUNITY Executive Director AGAINST DRUGS, INC. Development Department 234 N. Arrowhead Ave. I 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 6 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 AGRKK?m T BgrdEEN CITY AND IN VITNESS NBBREOF, 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: res dent JAMBS F. PgB0, City Attorney BY: Seer ary By: .0y LJML:0397e '� Rev. 6/1993 0 STAT-T OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) 1, City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached co py of Mayor and Common Council of the City of San Bernardino Resolution No. a fu-11, 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) Clerical/Administrative support for San Bernardino Community Against Drugs, Inc. , programs and services. This funding will provide 40 hours per week of staff support. PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY Personal Services Professional Services $20 , 000. 00 $20 , 000 . 00 Capital- Improvements Totals $20, 000. 00 $20 , 000. 00 PROPOSED DATE ACTUAL DATE PROJECT SCHEDULE OF COMPLETION OF COMPLETION Plannipg Concepts Design & Engineering Advertisement for Bids Bid Open Award of Contract — Begin Construction 50% Construction Complete Construction Project Completion mkc:2842J - 1 - CITY OF SAN BHRNAgDZNO DEVELOPMENT DEPAETMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Jerilyn Simpson, President/CEO of the (Name and Title of Official) San Bernardino Community Against Drugs , Inc. located at (Name of Agency/Organization) 234 North Arrowhead Avenue San Bernardino, CA 92408 (Address of Agency/Organization) do hereby make the following certification and assurance to accompany the Community Development Block Grant Agreement between San Bernardino Community Against Drugs , 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 San Bernardino Community Against Drugs, Inc.will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. ( ign tune of 0 icial) 7/22/93 President/CEO - San Bernardino Camuznity (Date) Against Drugs, Inc. Development Department (Date) A.JH:Mkc:2437J xESOLUTION 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 TEDDY BEAR TYMES CHILD CARE CENTER, 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 TEDDY BEAR TYMES CHILD CARE CENTER, 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 $8,924.15 Section 2. (a) The Authorizations to execute the above referenced agreement y 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 Teddy Bear Tymes Child Care Center, 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 i 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 By: 0397e A G R E E M B H 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 TEDDY BEAK TYMES CHILD CARE CENTER, 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 tuition assistance for low-moderate income families, 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 en—ronmental 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 $8,924.15. 3. Term. �J ;�- ���_r�e, 3D, This Agreement shall commence July 1, 1993, and terminate Da-c_ e . --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 tie 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 i 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" or 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. A This includes, but is not limited to, all laws and regulations relative to the i 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 accountint f the proposed and actual expel tures 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 I 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 Development Department of the _qty 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. Subrt-ipient 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; Equal Employment Opportunity All contracts for construction or repair using funds provided under this Agreement shall include a provision for compliance with the Copeland 9 "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 . etermination. Subrecipient shad report all suspected or reported violations to City. 10. Ayvroval of City of any Charges; Use of Proaran 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 I 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 I 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 prograa► year (June 30, 1994). 11. Temporary Withholdinx 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 occurre Subrecipient shall file such peal 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 Ron-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. Ron-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 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 has materially failed comply with the terms and cons. _ions 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 Comon 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 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 TEDDY BEAR TYMES Executive Director CHILD CARE CENTER, INC. Development Department 780 N. Gilbert, Bldg. 8 I 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 i forth at length and maue 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 vritten. 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 \'1 JAMES F. PENMAN, 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) Teddy Bear Tymes will provide tuition assistance to low-and-moderate income famililes. Assistance amounts generally vary from 10%-50% of total tuition costs depending on family income and need. As well as ongoing subsidy, emergency or hardship tuition assistance is also granted to families in temporary need of such aid. All clients receiving assistance meet HUD income guidelines. Tuition assistance allows parents to afford to remain employed and avoid becoming part of the welfare system. PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY —Personal Services See Attached Professional Services Capital Improvements N/A Totals PROPOSED DATE ACTUAL DATE PROJECT SCHEDULE N/A OF COMPLETION OF COMPLETION Planninit Concepts Design & Rnitineerinz Advertisement for Bids Bid Open Award of Contract Begin Cons ruction 50% Construction Complete Construction 0 —Froiect completion nkc:2842J - 1 - Teddy Bear Tymes Child Care Center, Inc. Sierra Way and County Medical Center Sites 1993/1994 Annual Budget *Income Tuition, Registration (collected from parents) $352,631 CDBG Funds (Tuition assistance for low-moderate income families) City of San Bernardino 8,924 County of San Bernardino 17,000 $378,555 Expenses to Operate Program Salaries $271,609 Employer Taxes 29,940 Employee Benefits 10,050 Payroll Service 2,000 Bank Charges 360 Worker's Compensation Insurance 6,155 Liability, Property, Accident, Bond Insurance 7,500 Advertising 1 ,000 Rent 2,451 Utilities 8,100 Telephone 5,600 Maintenance 1,100 Fingerprints 850 Mileage 300 Pest Control 360 Security 1,230 Dues, Subscriptions 500 Conferences 500 Postage 230 Hospitality 900 Training 1,100 Food, Supplies 7,900 Instructional Supplies 5,870 Administrative Supplies 1 ,500 Equipment 1,500 Field Trips 500 Special Events 800 Annual Audit 4,000 Bad Debt 4,000 State License Renewal 650 $378,555 0 CITY OF SAN BERNARDINO DKVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Linda Drew , of the (Name and Title of Official) Teddy Bear Tymes Child Care Center, Inc. located at (Name of Agency/Organization) 780 East Gilbert Bldng. 8 , San Bernardino, Calif. 92415-ON-lereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between Teddy Bear Tymes Child Care Center, 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 Teddy Bear Types Child Care Center, Inc. will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. a June 30, 1993 (Signature of Official) (Date) Development Department (Date) AJH:mkc:2437J —ESOLUTION 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 OPTION HOUSE, 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 OPTION HOUSE, 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 $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. o v RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CDBG AGREEMENT BETWEEN THE CITY AND Option House, 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 ZIIJVA0214'Al4f2�4. a- ) 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 OPTION HOUSE, 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 services to female victims of domestic violence and their 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. Term. This Agreement shall commence July 1, 1993, and terminate brrvM Se-' -l; 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 "Z" 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; 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 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 9k 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 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(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 Manaitement 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 OPTION HOUSE, INC. Executive Director P.O. Box 970 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 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 —rte 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 Amok Ar IN 0 Attachment A SCOPE OF SERVICES (Description of Activities) Funds were allocated to Option House for the administration of a program that provides services to female victims of domestic violence and their children through a nine-bedroom shelter facility and domestic violence outreach center. PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY Personal Services $20,0000 $20,000 Professional Services Capital Improvements Totals $20,000 $20,000 PROPOSED DATE ACTUAL DATE PROJECT SCHEDULE OF COMPLETION OF COMPLETION Planni Conce t Design & Bnaineerina Advertisement for Bids Bid Open Award of Contract Be in Construction 5O1 Construction Complete Construction Proiect Completion mkc:2842J CITY OF SAP BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) j, Veleata Scott / Executive Director of the (Name and Title of Official) Option House, Inc. located at (Name of Agency/Organization) P.O. Box 970 San Bernardino, CA 92402 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between Option House 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 �a ;on Ho e Inc will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. (Signatur of Official) (Date) l l Development Depar went (Date) AJH:mkc:2437J RESOLUTION NUMBER 0 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 HIGHLAND DISTRICT COUNCIL ON AGING, 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 HIGHLAND DISTRICT COUNCIL ON AGING, INC. , 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. l\ O RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CDBG AGREEMENT BETWEEN THE CITY AND Highland District Council on Aging, 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 /m2m 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 HIGHLAND DISTRICT COUNCIL ON AGING, 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 coordinated range of services and community activities to low and moderate income senior citizens, 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 Dee4mber j 3�, I�R (l_ 94. j� 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 I 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 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 (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 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 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. I9. Prevailing 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(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 Citv 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 i 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 e 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 I 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 r 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. t j 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 HIGHLAND DISTRICT COUNCIL Executive Director ON AGING, INC. a Development Department 3102 Highland Ave. Economic Development Agency Highland, 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 OW 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• �� i�.a/ legal content: President JAMES F. PENMAN, BY: City Attorney Secretary 1 By: i P 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. I City Clerk City of San Bernardino By: Deputy LJML:0397e i Attachment A SCOPE OF SERVICES (Description of Activities) TRANSPORTATION ASSISTANCE PROGRAM - PROVIDES RIDES FOR ELDERLY TO DOCTOR, PHARMACY, GROCERY STORE AND BANK. FRIENDLY VISITOR PROGRAM - A VISITOR VISITS ELDERLY THAT ARE HOMEBOUND. CHECKS FOR PHYSICAL CONDITION OF ELDERLY AND HOME. PROGRAMS AND ACTIVITIES - BINGO, CREATIVE WRITING, EDUCATIONAL CLASSES, CARD GAMES, SPECIAL EVENTS, ETC. COMMUNITY SERVICE PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY Personal Services $ 20,000 $ 131 ,563 $ 151,563 Professional Services 3 500 3 500 Capital Improvements 10,000 0,000 Totals $ 20,000 $ 145,063 $ 165,063 PROPOSED DATE ACTUAL DATE PROJECT SCHEDULE OF COMPLETION OF COMPLETION Planning Concepts Design & ineering Advertisement for Bids Bid Open Award of Contract Begin Construction 50X Construction Complete Construction Protect Completion ONGOING FOR FISCAL YEAR 1993/94 mkc:2842J _ t _ CITY OF SAN BERNABDINO DEVELOPMSPT DEPAETMBNT "Certification and Assurance" (To Accompany CDBG Agreement) I, DON BELLAIRS , of the (Name and Title of Official) HIGHLAND DISTRICT COUNCIL ON AGING, INC. DBA HTnWT ANT) SFNTOR CF.NTFR located at (Name of Agency/Organization) P. 0. BOX 948, 3102 E. HIGHLAND AVENUE, HIGHLAND CA 92346 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between HIGHLAND DISTRICT COUNCIL ON AGING, INC. DBA HIGHLAND SENIOR CENTER 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 HIGHLAND DISTRICT COUNCIL ON AGING, INC. b) Assure that the DBA HTGHLAND SENIOR CENTER 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 Official) (Date) 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 FRAZEE COMMUNITY CENTER 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 FRAZEE COMMUNITY CENTER, 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. I i RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CDBG AGREEMENT BETWEEN THE CITY AND Frazee Community Center 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 FRAZEE COMMUNITY CENTER, 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 emergency food and referral services for employment and housing for low and moderate income citizens, 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 jr A basis, with the total of all such reimbursements not to exceed $20,000. 3. Term. If 3p, This Agreement shall commence July 1, 1993, and terminate �� — 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 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 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. 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 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 I'll" 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 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, I 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 i 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 FRAZEE COMMUNITY CENTER Executive Director 1140 W. Mill 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 r 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 SUBRECIPI Approved as to form and By: t legal content: President JAMES F. PENMAN, BY: 1,14 City Attorney Secretary By: fl • 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) Emergency Services/ Emergency Food Boxes, Hot Meals, Brown Bag Lunches, Clothes Closets,Information and Referrals, Bus Tokens, Distribution of surplus commodities, Extra furnitures and household items, surplus bread, Utility Assistance (once a year) Medical Assistance, Holiday Baskets, and Children Christmas party, Rental Assistance. Two homeless shelters. PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY Emergency Services $20,000.00 Personal Services Professional Services Capital Improvements Totals IPROPOSED DATE ACTUAL DATE PROJECT SCHEDULE OF COMPLETION OF COMPLETION Planning Concepts Design & Engineering Advertisement for Bids Bid Open Asgard of Contract Begin Construction 50C Construction Complete Construction Pro ect Completion nkc:2842J - 1 - CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Mr- Donald Tnl o . , COB , of the (Name and Title of Official) Frazee Community Center located at (Name of Agency/Organization) 1140 West Mill St roan RPrnardi no,CA 9241 2 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between Frazee Community Center 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 Frazee Community Center will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. M-)1—j Q r1t A, C d L3 (Signature of Official) ( ate) 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 CHILDREN'S FUND, 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 CHILDREN'S FUND, INC. , 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 Children's Fund 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 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 CHILDREN'S FUND, 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 assistance to children who have experienced physical and sexual abuse, homelessness and grave neglect, 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 - - 1W MW .. 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 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 (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; Monitoring 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 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 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 I I 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 I 3 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. 9 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 CHILDREN'S FUND, INC. Executive Director 385 N. Arrowhead Ave. Development Department Second Floor 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 G 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: vice Pres d JAMES F. PENMAN, BY: City Attorney Secre By: a 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) F��v�d e n�`Y iL. (�f •-1-r-ec�c;+- 3 s� p�-f-�ve, �rvi ces �r PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY Personal Services Professional Services Capital-Improvements Totals tDc, PROPOSED DATE ACTUAL DATE PROJECT SCHEDULE OF COMPLETION OF COMPLETION Planni Conce is Desi & ineeri Advertisement for Bids Bid Open Award of Contract Begin Construction SOX Construction Com lete Construction Project Completion mkc:2842J - 1 - CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Patrick J. Morris, Secretary/Treasurer , of the (Name and Title of Official) Children's Fund Inc located at (Name of Agency/Organization) 385 N. Arrowhead Avenue, San Bernardino, CA, 92415-0132 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between _Children's Fund 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 Children's Fund, Inc will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. )4 1 7/12/93 �Wgnature of Official) (Date) evelopment Department (Date) AJH:mkc:2437J