HomeMy WebLinkAbout06- Development Department D E V E L O P M E N T D E P A R T M E N T
THE CITY OF SAN BERNARDINO
REQUEST FOR COMMISSION/COUNCIL ACTION
From: KENNETH J. HENDERSON Subject: AGREEMENT BETWEEN THE
Executive Director CITY OF SAN BERNARDINO
AND TEDDY BEAR TYMES
Date: February 25, 1993 CHILD CARE CENTER, INC.
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Synopsis of Previous Commission/Council/Committee Action(s):
On November 24, 1992, the Community Development Citizen's Advisory
Committee (CDCAC) reviewed and approved a funding request from Teddy
Bear Tymes Child Care Center, Inc. , and recommended approval of the
same to the Mayor and Common Council.
On December 21, 1992, the Mayor and Common Council approved said
request, along with other mid-year funding requests submitted by the
CDCAC.
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Recommended Motion(s):
1
(Mayor and Common Council)
MOTION: 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.
Administrator KENNETH J. HEND RSON
Executive Director
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Contact Person(s): Ken Henderson/Laura Muna-Lands Phone: 5081
Project Area(s): N/A Ward(s): 1 - 7
Supporting Data Attached: Staff Report; Resolution; Agreement
FUNDING REQUIREMENTS: Amount: $ 23,800 Source: CDBG Ltr of Credit
Budget Authority: 1992/1993 CDBG Budget
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Commission/Council Rotes:
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KJH:LML:lag:1125E COMMISSION MEETING AGENDA
Meeting Date: 3/8/1993
Agenda Item Number:
D X V E L J P M E N T D E P A R T M E R
OF THE CITY OF SAN BERNARDINO
STAFF REPORT
Agreement Between the City of San Bernardino and Teddy Bear
Tymes Child Care Inc.
Staff received a request for Community Development Block Grant (CDBG)
funding from the Teddy Bear Tymes Child Care Center, Inc. This request
for financial assistance was recommended for approval by the Community
Development Citizen's Advisory Committee (CDCAC) in November 1992, and
subsequently approved by the Mayor and Common Council at the meeting of
December 21, 1992. Teddy Bear Tymes Child Care Center, Inc., will use
the funds to install new carpet and linoleum in its facility.
Additionally, the funds will be used to repair an interior wall and
replace cabinets damaged by a leaky roof. The leaky roof will be
corrected by replacement of the Y.W.C.A. roof (Teddy Bear Tymes shares
a common roof with the YWCA) which is another CDBG funded project.
An amount of $23,800 in funds was allocated and approved at the
December 21, 1992 meeting of the Mayor and Common Council. The
resolution authorizes and directs the Mayor and City Clerk to execute
an agreement between the City of San Bernardino and Teddy Bear Tymes
Child Care Center, Inc.
Staff recommends adoption of the attached resolution.
i
i
KEA J. RSON, Executive Director
Development Department
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KJH:LML:lag:1125E COMMISSION MEETING AGENDA
Meeting Date: 3/8/1993
Agenda Item Number: . &
l
RESOLUTION NUMBER
+ 2 ,
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE
4 CITY OF SAN BERNARDINO AND TEDDY BEAR TYMES CHILD CARE CENTER,
INC.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 Section 1.
8 (a) The Mayor of the City of San Bernardino is hereby authorized
i
9 and directed to execute, on behalf of the City, an agreement for
10 Community Development Block Grant funding with Teddy Bear Tymes Child
11 Care Center, Inc., which agreement is attached hereto as Exhibit "1",
12 and is incorporated herein by referenced as though fully set forth-at
13 length. The agreement provides for the granting of Community
14 Development Block Grant funds in the following amount of $23,800.
15 Section 2.
I
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16 (a) The Authorizations to execute the above referenced agreement
17 is rescinded if the parties to the agreement fail to execute it within
18 sixty (60) days of the passage of this Resolution.
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1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
2 CDBG AGREEMENT BETWEEN THE CITY AND TEDDY BEAR TYMES CHILD CARE CENTER,
INC.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by
5 the Mayor and Common Council of the City of San Bernardino at
6 a meeting thereof, held on
7 the day of , 1992, by the following
8 vote, to wit:
9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
10 ESTHER ESTRADA
11 JACK REILLY
12 RALPH HERNANDEZ
13 MICHAEL MAUDSLEY
14 TOM MINOR
15 VALERIE POPE-LUDLAM
16 NORINE MILLER
17
18
City Clerk
19
20 The foregoing resolution is hereby approved this day
of , 1992.
21
22 W.R. Holcomb, Mayor
23 Approved as to
form and legal content:
24 JAMES F. PENMAN,
25 City Attorney
26 By:
27 0292e
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1
STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
3
4
I, City Clerk of the City of San
5 Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of
Mayor and Common Council of the City of San Bernardino Resolution
6 No. is a full, true and correct copy of that now on file in
this office.
7
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
8 official seal of the Mayor and Common Council of the City of San
Bernardino this day of , 1992.
9
10
City Clerk
11 City of San Bernardino
12
By:
P
1 AJH:0292e Deputy
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Cam/
CITY OF SAN BERNARDINO
DEVELOPMENT DEPARTMENT
"Certification and Assurance"
(To Accompany CDBG Agreement)
I, Jean Stephens, President
(Name and Title of Official) of the
Young Women' s Christian Association
located at
(Name of Agency/Organization)
567 N. Sierra Way, San Bernardino, CA 92410 do hereby
(Address of Agency/Organization)
make the following certification and assurance to accompany the
Community Development Block Grant Agreement between
Young Women's Christian Association 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 Young Women ' s Christian Association will
(Name of Agency/Organization)
comply with all governing requirements as stipulated herewith in the
performance of the CDBG Agreement.
Aign f 7 .3 ture of Official) 01(D te)
Development Department (Date)
AJH:mkc:2437J
AMRANDUM OF UNDERSTANDING
Attacbment A
SCOPE OF SERVICES (Description of Activities)
Retoofing of present building involves cleaning of existing roof and application
of concrete primer, one layer 1/2" roof insulation board and three piles of
glass ply sheet;HMP asphalt and 1/8" x 3/8" gravel. Install one layer of
mineral surface glass cap on parapet walls.
PROJECT BUDGET CDBG OTHERS TOTAL PER CATEGORY
Personal Services
Professional Services
Capital Improvements
Totals
PROPOSED DATE ACTUAL DATE
PROJECT SCHEDULE OF COMPLETION OF COMPLETION
Planning Concepts
—Design & Engineering
Advertisement for Bids
Bid Open
Award of Contract
Begin Construction
50% Construction
Complete Construction
Prolect Completion
lag:1986J
1 A G R E E M E N T
1 2
3 THIS AGREEMENT is entered into effective as of the , at
4 San Bernardino, California, between the City OF SAN BERNARDINO, a municipal
5 corporation, referred to as "City", and TEDDY BEAR TYMES CHILD CARE CENTER,
6 INC., a nonprofit community service organization, referred to as
7 "Subrecipient". City and Subrecipient agree as follows:
8 1. Recitals.
9 (a) Subrecipient has requested financial assistance from City for
10 fiscal year 1992/1993 from funds available through the Community Development
11 Block Grant Program from the United States of America to City.
12 (b) Subrecipient represents that the expenditures authorized by
13 this Agreement are for the replacement of the carpeting, linoleum, cabinets
14 and minor repair to the walls caused by water damage from the leaky roof all
15 of which are valid and eligible community development purposes, as defined in
i
16 CFR Part 570 in accordance with federal law and regulations, and that all
17 funds granted under this Agreement will be used for no purpose other than
18 those purposes specifically authorized. The specific purposes and scope of
19 services of this particular grant are set forth in Exhibit "A", attached
20 hereto and incorporated into this Agreement as though fully set forth herein.
21 (c) Subrecipient will comply with applicable uniform
22 administrative requirements, as described in 24 CFR, Part 570.502.
23 (d) Subrecipient will carry out each activity, program and/or
24 project in compliance with all federal laws and regulations as set forth in 24
25 CFR, Part 570, with the following exceptions, (i) the Subrecipient does not
26 assume the environmental responsiblities of the Grantee as described in 24
27 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's
28 responsiblities for initiating the review process under Executive Order Number
ll/
1 12372.
2 (e) Subrecipient will comply with the requirements set forth in
3 the Uniform Relocation Assistance and Real Property Acquisition Policy Act of
4 1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal
5 regulations when attempting to or acquiring any building or parcel of land.
6 Subrecipient will be required to obtain written approval from the Executive
7 Director of the Development Department prior to any activity taking place
8 within the confines of URA 49 CFR, Part 24, as amended.
2. Payments,
9
10 City shall reimburse Subrecipient for allowable costs incurred
11 under the scope of this Agreement and applicable Federal regulations, which
12
have not been paid for or reimbursement will be made at least on a monthly 13 --
basis, with the total of all such reimbursements not to exceed $23,800.
3. Term,
14
15 This Agreement shall commence December 21, 1992, and terminate June
21, 1994.
16
17 4. Use of Fuads_• Budget; ?ravel L mitatio +
18 (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
19
20 with the
program budget submitted by Subrecipient to the City of San
21 Bernardino Community Development Department, a copy of which is attached to
22 this Agreement as Exhibit "B". This budget shall list all sources of funding
23 for the program covered by this Agreement, whether from State, Federal, local
24 or private sources, and shall identify which sources are paying for which
25 specific portions of the program, by line-item, to the extent practicable.
26 (b) No travel expenses for out-of-state travel shall be included
27 in this program unless specifically listed in the budget as submitted and
.
28 approved, and all travel expenses to be funded from funds provided hereunder
] shall be specifically identified as travel expense, which shall be negotiated
2 between the City of San Bernardino Development Department and Subrecipient as
3 listed in the budget. Any travel expenses incurred by Subrecipient above the
4 budgeted amount or for out-of-state travel shall not be eligible for
5 reimbursement unless the prior written approval of the Executive Director of
6 Development Department of the City of San Bernardino, or designee, has been
j obtained.
8 (c) Funds shall be used for purposes authorized by the Community
9 Development Block Grant Program only, and no portion of the funds granted
10 hereby shall be used for any purpose not specifically authorized by this
11 Agreement.
12 (d) Only net payroll shall be periodically reimbursed by City as
13 an allowable cost. Any amounts withheld by Subrecipient from an employee's
14 pay for taxes, social security, or other withholdings and not actually paid
15 over to another entity, shall not be included as wages or expenses eligible
16 for reimbursement as an allowable cost until such time as the withheld taxes,
17 social security, or other withholding are not immediately paid over to another
18 entity entitled to such payment. Upon such payment and the submission of
19 evidence of such payment to the City of San Bernardino Development Department,
20 such expenses shall be regarded as an allowable cost, and the City shall
21 reimburse Subrecipient for such obligation.
22 (e) Subrecipient shall be allowed, with the prior written approval
23 of the Development Department of the City of San Bernardino, to make changes
24 to the budget during the first three (3) quarters of the fiscal year, so long
25 as Subrecipient is in compliance with Section 112" of this Agreement at the
26 time of submission of the budget modification request. A variation in the
27 itemization of costs, as set forth in the proposed budget submitted to City,
28 not to exceed ten percent (10%) as to any particular line item, shall be
1 allowed, provided that the prior written approval of the Executive Director of
2 the Development Department of the City of San Bernardino is obtained, it being
3 understood that the total amount of the grant shall not be varied thereby.
4 (f) The parties intend that grant funds be utilized within the
5 time period covered by this Agreement, and entitlement to any funds not
6 expended or obligated shall revert to the City. No reserve for the future
7 shall be established with the funds except as may be authorized to meet
8 commitments made for services provided during the period of this Agreement,
9 but not yet paid for at the conclusion of this Agreement.
10 (g) Subrecipient shall remain in compliance with all state,
11 federal and local laws prior to the receipt of any reimbursement hereunder.
12 This includes, but is not limited to, all laws and regulations relative to the
13 form of organization, local business licenses and any laws and regulations
14 specific to the business and activity carried out by Subrecipient.
15 Reimbursement shall not be made to Subrecipient which is not operating in
16 compliance with all applicable laws. Reimbursements may be subsequently paid,
17 at the direction of the Executive Director of the Development Department for
18 reimbursement costs incurred during the period when compliance is achieved
19 before expiration of this Agreement.
20 S. Accounting; Audit
21 (a) Prior to the final payment under this Agreement, and at such
22 other times as may be requested by the Executive Director of the Development
23 Department of the City of San Bernardino, Subrecipient shall submit to the
24 Director an accounting of the proposed and actual expenditures of all revenues
25 from whatever source accruing to the organization for the fiscal year ending
26 June 30, 1994.
27 (b) Financial records shall be maintained by Subrecipient in
28 accordance with Generally Accepted Accounting Principles, and in a manner
] which permits City to trace the expenditures of funds to source
` 2 documentation. All books and records of subrecipient are to be kept open for
3 inspection at any time during the business day by the City, its officers or
4 agents, and by any representative of the United States of America authorized
5 to audit community development block grant programs.
6 (c) Standards for financial management systems and financial
7 reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be
8 fully complied with by Subrecipient. Subrecipient acknowledges that the funds
9 provided are federal funds.
10 (d) Subrecipient's financial management system shall provide for
11 accurate, current and complete disclosure of the financial results of each
12 program sponsored by this Agreement. It is the responsibility of Subrecipient
13 to adequately safeguard all assets of the program, and Subrecipient shall
14 assure that they are used solely for authorized purposes.
15 6. Services Available to Residents; Monitoring and Reporting
16 Program Performance,
17 The services of Subrecipient shall be made available to residents
18 and inhabitants of the City of San Bernardino unless otherwise noted in
19 Exhibit "A". No person shall be denied service because of race, color,
20 national origin, creed, religion, sex, marital status, or physical handicap.
21 Subrecipient shall comply with Affirmative Action guidelines in its employment
22 practices. Subrecipient shall also monitor the program's activities and
23 submit written reports quarterly, or more often if requested, to the Executive
24 Director of the Development Department of the City of San Bernardino, in
25 accordance with 24 CFR, Part 85.41(c)(d) and Part 85.21. Failure to provide
26 such quarterly performance reports may prevent the processing by City of
27 Subrecipient's requests for reimbursement, and may justify temporary
28 withholding as provided for in Paragraph "11" hereof. City reserves the right
1 to waive such breach, without prejudice to any other of its rights hereunder,
2 pon a finding by the Executive Director of the Development Department that .
3 such failure was due to extraordinary circumstances and that such breach has
4 been timely cured without prejudice to the City.
5 7. Procurement Practies; Conflict of Interest
6 Subrecipient shall comply with procurement procedures and
7 guidelines established by 24 CFR, Part 85.36(d)(1), Subrecipient "Procurement
8 Standards". In addition to the specific requirements of 24 CFR, Part 85,
9 Subrecipient shall maintain a code or standards of conduct which shall govern
10 the performance of its officers, employees or agents in contracting with and
11 expending the federal grant funds made available to Subrecipient under this
12 Agreement. Subrecipient's officers, employees or agents shall neither solicit
13 nor accept gratuities, favors, or anything of monetary value from contractors
14 or potential contractors. To the extent permissible by state law, rules, and
15 regulations, the standards adopted by Subrecipient shall provide for
16 penalties, sanctions or other disciplinary actions to be applied for
17 violations of such standards by either the Subrecipients's officers, employees
18 or agents, or by contractors or their agents. Subrecipient shall provide a
19 copy of the code or standards adopted to City forthwith. All procurement
20 transactions without regard to dollar value shall be conducted in a manner so
21 as to provide maximum open and free competition. The Subrecipient shall be
22 alert to organizational conflicts of interest or non-competitive practices
23 among contractors which may restrict or eliminate competition or otherwise
24 restrain trade. Subrecipient agrees to adhere to conflict of interest
25 provisions set forth in 24 CFR Section 570.611 and to the procurement rules
26 specified in 24 CFR, Part 85.36, in its expenditure of all funds received
27 under this Agreement.
28
LO
1 8• �ti-t� B _pr..0i8 AnA•
Baual Duo ent nnr„r« ,
2 All contracts for construction or repair using --�
P ng funds provided uncle
3 this Agreement shall include a provision for compliance with the Copeland
4 "Anti Rick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor
5 Regulations (29 CPR, Part 3). This Act provides that each contractor or
6 subgrantee shall be prohibited from inducing, by any means, any person
7 employed in the construction, completion or repair of public work, to give u
any part of the compensation to which he/she is otherwise entitled. P
8
9 Subrecipient shall report all r suspected reported violations to City.P p
y Subrecipient using contracts in excess of $10,000.00 entered into b
10 fu funds s
11 provided under this Agreement shall contain a provision requiring compliance
12
13 with Equal Employment Opportunity provisions established by Executive Order
Number 11246, as amended.
14 9• vai i o Wags geauir_�t
15 Any construction contracts awarded by Subrecipient using funds
16 provided under this Agreement in excess of $2,000.00 shall include a provision
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17 for compliance with the Davis-Bacon Act (40 U.S.C. 276(a) to 276(a)(7)) and as
18 supplemented by Department of Labor Regulations (29 CFR). Under this act,
19 contractors shall be required to pay wages to laborers and mechanics at a rate
20 not less than the minimum wages specified in a wage determination made by the
Secretary of Labor. In addition contractors shall lace a co
21 p
py of the
22 current prevailing wage determination issued by the Department of Labor in
23 each solicitation and the award of a contract shall be conditioned upon the
24 acceptance of the wage determination. Subrecipient shall report all suspected
25 or reported violations to City.
10. Avvroval of rare of anv �1+�ru •
26 es nAp Of Prnsr. In AO1.
27 (a) City hereby requires Subrecipient to notify the City in
28 writing, of its intent to charge a fee for any service, the provision of which
Co
I is assisted pursuant to the Agreement. City requires Subrecipient to obtain
2 the prior written approval of City for any charges or fees to be charged by
3 Subrecipient for such services, and of any rules and regulations governing the
4 provision of services hereunder.
5 (b) Program income represents
gross income received by the
6 Subrecipient directly generated from the use of funds provided hereunder.
7 Such earnings include interest earned on advances and may include, but will
8 not be limited to, income from service fees, sale of commodities, usage and
9 rental fees for real or personal property using the funds
provided by this
10 Agreement. As to such income, it shall be first applied to eligible program
11 activities, before requests for reimbursement and, in the use, shall be
12 subject to all applicable provisions of this Agreement. Income not so applied
13 shall be remitted to City. Subrecipient shall remit all unspent P program
14 income to the City within thirty (30) days subsequent to the end of the
15 program year (June 30, 1994).
16 11. Temoorary withholding=
17 The Executive Director of the Development Department of the City of
18 San Bernardino is authorized to temporily withhold the
payment of funds to
19 Subrecipient when the Director determines that any violation of this Agreement
20 has occurred. Funds shall be withheld until the violation is corrected to the
21 satisfaction of the Executive Director. Subrecipient shall have the right to
22 appeal the decision of the Executive Director to the Mayor and Common
23 Council. The sole grounds for such appeal shall be that no violation of the
24 Agreement has occurred. Subrecipient shall file such appeal within fifteen
25 (15) days after such first withholding. The Mayor and Common Council shall
26 set a date for the hearing of such appeal which is within thirty (30) days
27 following the date of filing.
28 ///
1 12. Records Retention
2 Financial records supporting documents, statistical records, and
3 all other records pertaining to the use of the funds provided under this
4 Agreement shall be retained by Subrecipient for a period of three (3) years,
5 at a minimum, and in the event of litigation, claim or audit, the records
6 shall be retained until all litigation, claim or audit findings involving the
7 records, have been fully resolved. Records for non-expendable
property
8 acquired with federal funds provided under this Agreement shall be retained
9 for three (3) years after the final disposition of such property.
10 13. Property Management Standards
11 Non-expendable personal property, for the purposes of this
12 Agreement, is defined as tangible personal property, purchased in whole or in
13 part with federal funds, which has useful life of more than one 1
( ) year and
14 an acquisition cost of one-thousand dollars ($1,000.00) or more per unit.
15 Real property means land, including land improvements, structures and
16 appurtenances thereto, excluding movable machinery and equipment.
17 Non-expendable personal property and real property purchased with or improved
18 by funds provided under this Agreement shall be subject to the property
19 management standards set forth in 24 CFR, Part 85.32.
20 14. Terminat{on for Cause
21 (a) City reserves the right to terminate this Agreement in
22 accordance with 24 CFR, Part 85.43, and any and all grants and future payments
23 under this Agreement, in whole or in part, at any time before the date of
24 completion of this Agreement whenever City determines that the Subrecipient
25 has materially failed to comply with the terms and conditions of this
26 Agreement. In the event City seeks to terminate this Agreement for cause,
27 City shall promptly notify the Subrecipient in writing of the proposed
28 termination and the reasons therefore, together with the proposed effective
l date. Subrecipient shall be given an opportunity to appear before the Mayor
2 and Common Council at the time at which the Mayor and Common Council are to
3 consider such recommended termination, and shall be given a reasonable
4 opportunity to show cause why, if any exists, the Agreement should not be
5 terminated for cause. Upon determination by the Mayor and Common Council that
6 the contract should be terminated for cause, notice thereof, including reasons
7 for the determination, shall promptly be mailed to the Subrecipient, together
8 with information as to the effective date of the termination. Such notice may
9 be given orally at that hearing. The determination of the Mayor and Common
10 Council as to cause shall be final.
11 (b) In the event of any termination whether for cause or for
12 convenience, Subrecipient shall forthwith provide to the Development
13 Department any and all documentation needed by the Development Department to
14 establish a full record of all monies received by Subrecipient and to document
15 the uses of same.
16 15. Termination for Convenience
17 City or Subrecipient may terminate this Agreement in whole or in
18 part provided both parties agree that the continuation of the project would
19 not produce beneficial results commensurate with further expenditure of
20 funds. In such event, the parties shall agree upon the termination
21 conditions, including the effective date and, in the case of partial
22 terminations, the portion to be terminated. The Subrecipient shall not incur
23 new obligations for the terminated portion after the effective date and shall
24 cancel as many outstanding obligations as possible. City shall allow
25 Subrecipient full credit for the City's share of the non-cancellable
26 obligations properly incurred by the Subrecipient prior to termination.
27 16. Reversion of Assets
28 Subrecipient agrees that upon expiration of this Agreement, the
1 Subrecipient shall transfer to the City any and all CDBG funds not used at the
2 time of expiration and any accounts receivable attributable to the use of CDBG
3 funds. Subrecipient agrees that any real property under its control, which
4 was acquired or improved, in whole or in part, with CDBG funds in excess of
5 $500.00 shall either, (i) be used to meet one (1) of the three (3) national
6 objectives as set forth in 24 CFR, Part 570.208 until five (5) years after
7 expiration of the Agreement or such period of time as determined appropriate
8 by the City, or; (ii) is disposed of in a manner which results in the City
9 being reimbursed in the amount of the current fair market value of the
10 property less any portion thereof attributable to expenditure of, or
11 improvement to, the property by Subrecipient. Such reimbursement is not
12 required after the period of time specified in "i" above.
13 17. Hold Harmless
14 Subrecipient agrees to indemnify, save and hold harmless the City and the
15 Development Department and their employees and agents from all liabilities and
16 charges, expenses (including counsel fees), suits or losses, however
17 occurring, or damages, arising or growing out of the use of or receipt of
18 funds paid under this Agreement and all operations under this Agreement.
19 Payments under this Agreement are made with the understanding that the City
20 and the Development Department are not involved in the performance of services
21 or other activities of the Subrecipient. Subrecipient and its employees and
22 agents are independent contractors and not employees or agents of City and the
23 Development Department.
24 18. Amendment
25 This Agreement may be amended or modified only by written agreement
26 signed by both parties, and failure on the part of either party to enforce any
27 provision of this Agreement shall not be construed as a waiver of the right to
28 compel enforcement of any provision or provisions.
1 19. Assignment
2
This Agreement shall not be assigned by Subrecipient without the.
3 prior written consent of City.
4 20. Notices
5 All notices herein required shall be in writing and delivered in
6 person or sent certified mail, postage prepaid, addressed as follows:
7
8 As to City: As to Subrecipient
KENNETH J. HENDERSON TEDDY BEAR TYMES CHILD
9 Executive Director CARE CENTER, INC.
Development Department
10 Economic Development Agency 61 No. Sierra Way
Y San Bernardino, CA 92410
201 North "E" Street, Third Floor
11 San Bernardino, CA 92401
12
13 21. Evidence of Authority,
14 Subrecipient shall provide to City evidence in the form of a
15 certified copy of minutes of the governing body of Subrecipient, or other
16 adequate proof, that this Agreement has been approved in all its detail by the
17 governing body of the Subrecipient, that the person(s) executing it are
18 authorized to act on behalf of Subrecipient, and that this Agreement is a
19 binding obligation on Subrecipient.
20 22• Certification of Assurance
21 Subrecipient shall comply with the program requirements attached
22 hereto as Exhibit "C", which are incorporated by reference as though fully set
23 forth at length and made a part of this Agreement by execution of all
24 certifications and assurances of the CDBG program.
25 23. Entire Agreement
26 This Agreement and any document or instrument attached hereto or
27 referred to herein integrates all terms and conditions mentioned herein or
28 incidental hereto, and supersedes all negotiations and prior writing in
6
I respect to the subject matter hereof. In the event of conflict between the
2 terms, conditions or provisions of this Agreement, and any such document or
3 instrument, the terms and conditions of the Agreement shall prevail.
4 24. No third Party Beneficiaries
5 No third party shall be deemed to have any rights hereunder
6 against any of the parties hereto as a result of this Agreement.
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1 FY 1992/1993 CDBG AGREEMENT BETWEEN CITY AND TEDDY BEAR TyMES CHILD CARE
CENTER, INC.
2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
3 date and year first hereinabove written.
4
ATTEST:
5 CITY OF SAN BERNARDINO
6
'] City Clerk By'
W.R. Holcomb, Mayor
8 City of San Bernardino
9 SUBRECIPIENT
10 Approved as to form and
legal content: By:
11 President
JAMES F. PENMAN,
12 City Attorney BY:
Secretary
13 By:
14
15 AJH:lag:0294e
16 Rev. 12/1992
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CITY OF SAN BEBIYABDINO
DEMOPPMT DEPAETPGM
"Certification and Assurance"
(To Accompany CDBG Agreement)
I, Sig M. Dellhime, President
(Name and Title of Official) , of the
Teddy Bear Tymes Childcare:Center, Inc.
(Name of Agency/Organization) located at
561 North Sierra Way, San Bernardino, CA
(Address of Agency/Organization) do hereby
make the following certification and assurance to accompany the
Community Development Block Grant Agreement between
Teddy Bear Tymes Childcare Center
(Name of Agency/Organization) and the
City of San Bernardino:
a) Certify that the information booklet for CDBG Program requirements
has been read and understood, and
b) Assure that the Teddy Bear Tymes Ch; i a Fare Center
(Name of Agency/Organization) will
comply with all governing requirements as stipulated herewith in the
performance of the CDBG Agreement.
i
"(Signature of Official)
(Date)
Development Department
(Date)
AJH:mkc:2437J
MEMORMUM OF UNDERSTANDING
A.
t Attachment A
SCOPE OF S
I '(Description YVIC
of Activities)
Replacement-" 6f linoleum and carpeting throughout childcare center;
Repaid of w' ll damaged b roof leak; and installation of cabinetry
V re g y
throughfit= �he center.
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PROJECT
` CDBG OTHERS TOTAL PER CATEGORY
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Profes 1- egg
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PROJECT *MULE,
O COMPLETION DATE ACTUAL DATE
OF COMPLPL ETION OF COMPLETION
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