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HomeMy WebLinkAbout01- Consolidated Plan AGENDA MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO 'May 11, 1998 - 10:00 a.m.' (Joint Adjourned Regular Meeting) Council Chambers, City Hall The City of San Bemardino Economic Development Agency recognizes its obligation to provide equal access to public services to those individuals with disabilities. Please contact the Director of Facilities Management(3845244) two working days prior to the meeting for any requests for reasonable accommodation,to include interpreters. CALL TO ORDER: ROLL CALL: PRESENT: ABSENT: CONTINUED FROM MAY 4, 1998 1. FOURTH YEAR ACTION: CONSOLIDATED PLAN (Mayor and Common Council) MOTION A: That the Mayor and Common Council approve the recommendations of the Approved Council's Ad Hoc Committee on CDBG funds to reduce the 1998— 1999 funding for CDBG administration from $772,150 to $636,150 and to use the$136,000 difference to increase the recommended funding for Code Enforcement(Project 98-227)from$500,000 to$617,017 and to increase the Fire Prevention/Code Compliance Office position (98-241)from$0 to$18,983. MOTION B: That the Mayor and Common Council approve and adopt the Approved Community Development Citizens Advisory Committee (CDCAC) recommendations including reallocation projects, except as noted in Motion A, for Fiscal year 1998/1999 Community Development Block Grant (CDBG) , HOME Investment Partnership Act (HOME) and Emergency Shelter Grant (ESG) funded projects that meet the environmental review requirements; that the funds in the amount of $99, 200 allocated for the Highland Service Center be reallocated for the replacement of fire apparatus; and that the following organizations be considered for mid-year funding: Operation Grace, Grace Chapel, Central City Lutheran and Casa Merced. ---------------------------------------------------------------- JOINT ADJOURNED REGULAR MEETING COMMISSION AGENDA Rfiwamp:cdc98-5m Daw:May>>, 1 998 MOTION C: That the Mayor and Common Council authorize staff to complete and the Mayor Approved to submit these projects as part of the Final Fourth Year Action Plan component of the 1995/1999 Consolidated Plan, to the U.S. Department of Housing and Urban Development(HUD). MOTION D: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF Approved SAN BERNARDINO APPROVING A CERTAIN FOURTH YEAR ACTION PLAN OF THE CONSOLIDATED PLAN IN CONNECTION WITH IMPLEMENTING VARIOUS FEDERAL GRANT FUNDED PROGRAMS. Adopted 98-112 MOTION E: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF Approved SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE SUCH DOCUMENTS AND TAKE SUCH ACTIONS AS MAY BE DEEMED NECESSARY TO IMPLEMENT THE CITY'S FOURTH YEAR ACTION PLAN OF THE CONSOLIDATED PLAN. Adopted 98-113 2 ADJOURNMENT MOTION: That the meeting of the Mayor and Common Council and the Community Consensus Development Commission be adjourned. ! ------------------------------------------------- JOINT ADJOURNED REGULAR MEETING COMMISSION AGENDA REW.1mp'cdc98-5ra 2 Date:May 11, 1998 TABLE SUMMARY OF CDBG, ESG AND HOME PROJECTS FY 1998-1999 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PUBLIC SERVICE PROJECTS PROD. AGENCY PROJECT NAME FUNDING AMOUNT # SOURCE PROPOSED 1 98-100 S B COMMUNITY AGNST DRUGS PREVENTION/INTERVENTION CDBG $9.578 2 98-101 MEADOWBROOK BOXING YOUTH BOXING CDBG $9,038 398-102 MARY'S MERCY CENTER MARY'S TABLE CDBG $16,467 4 98-103 LIBRERIA DEL PUEBLO IMMIGRATION/CITIZENSHIP CDBG $14,367 5 98-104 LOS PADRINOS YOUTH GANG INTERVENTION CDBG $14,367 698-105 FRAZEE COMMUNITY CENTER COMPREHENSIVE EMERGENCY SERVICES CDBG $16,467 7 98-106 CHILDREN'S FUND DAILY REFERRAL PROGRAM CDBG $9,578 •L // B 98 107 COUNTY DPSS,CHILDR'S NETWK CHILD CARE ASSISTANCE CDBG $9,578 998-108 CITY-EDA ARDEN-GUTHRIE COMMUNITY CENTER CDBG $14,367 1098-110 CORNERSTONE CHRISTIAN SCH SUBSIDIZED CHILD CARE CDBG $9,578 1198-112 S B CHILD ADVOCACY PROG. COURT ADVOCATES PROG. CDBG $16,467 -12 98-113 CITY-POLICE COPS GRANT MATCH CDBG $131,000 13 98-114 LEGAL AID SOCIETY LEGAL SERVICES CDBG $14,367 1498-119 CITY-PARKS WESTSIDE STEPPERS CDBG $9,578 15 08-120 ASIAN-AMERICAN RES.CENTER JOB TRAINING/ESL CDBG $9,578 16 98-122 YMCA OF S B YOUTH)TEEN LEADERSHIP CDBG $14,367 1798-123 GREATER S B SPECIAL OLYMPICS SPECIAL OLYMPICS CDBG $7,670 18 98-124 S B SEXUAL ASSAULT SERVICES SPANISH/ENGLISH OUTREACH CDBG $16,467 19 98-130 CITY-LIBRARY LITERACY PROG. CDBG $16,283 20 98-131 OPTION HOUSE CRISIS INTERV.SHELTER CDBG $16,467 21 98-134 ARROWHEAD UNITED WAY INFO&REFERRAL CDBG $14,367 22 98-135 ASA LEARNING CENTER EMPLOYMENT CLASSES CDBG $16,467 23 98-136 HIGHLAND SENIOR CENTER SENIOR SERVICES CDBG $14,367 24 98-137 ADOPT A BIKE BIKES/COMPUTER PROG. CDBG $16,467 25 98-138 CAMP FIRE BOYS&GIRLS KIDS KLUB CDBG $16,467 2698-139 FAMILY SERVICE AGENCY SUICIDE INTERVENTION SRVS CDBG $16,467 27 98-140 THE SALVATION ARMY EMERGENCY FOOD SERVICE CDBG $16,467 28 98-141 YWCA AFTER SCHOOL SWIM+PROG. CDBG $14,367 29 98-142 BOYS&GIRLS CLUB CLUB UTILITY ASSISTANCE - CDBG $16,467 30 98-147 WATERMAN GARDENS SCHOOL OF OPPORTUNITY CDBG $16,467 31 98-148 EASTER SEAL SOCIETY HEAD INJURY SERVICES CDBG $16,467 32 98-149 SAC-HEALTH SYSTEM SAC-FRAZEE CLINIC SRVCS CDBG $14,367 3398-154 HOME OF NEIGHBORLY SERVICES FAMILY LITERACY CDBG $14,367 TOTAL PUBLIC SERVICE PROJECTS CDBG $579,200 CAPITAL IMPROVEMENT PROJECTS PROJ. AGENCY PROJECT NAME FUNDING AMOUNT 0 SOURCE PROPOSED 3498-200 CITY-FACILITIES ADA CITY HALL PARK STRUCTURE PH 1 CDBG $86,000 3598-201 CITY-EDA SINGLE FAMILY REHAB. CDBG $400,000 36 98-202 CITY-EDA EMPLOYMENT LINKAGE CDBG $50,000 3798-205 SAC-HEALTH SYSTEM SAC-FRAZEE CLINIC PURCHASE CDBG $197,000 38 98-206 TEDDY BEAR TYMES DAY CARE CENTER CDBG $39,000 - 39 98211 CAMP FIRE BOYS&GIRLS REHAB PHASE III CDBG $16,500 J 4098-212 FAMILY SERVICE AGENCY SECURITY FENCING CDBG $10,500 _.41 98-213 COUNTY DEPT OF AGING KITCHEN REHABS CDBG $10,000 4298-216 OPTION HOUSE REMODEL BATHROOMS CDBG $15,000 4398-217 CITY-EDA INSPECTION PROG CDBG $25,000 4498-218 CITY-EDA HANDY WORKER CDBG $25,000 4598-219 CITY-FIRE APPARATUS REPLACEMENT' CDBG $218,889 4698-221 CITY-PUBLIC SERVICES SIDEWALK REPLACEMENT/CURB CUTS CDBG $100,000 47 98-222 THE SALVATION ARMY SECURITY FENCING CDBG $20,000 f L � `I 4898-227 CITY-ADMINISTRATOR'S OFFICE CODE ENFORCEMENT CDBG $617,017 4998-229, CITY-PARKS NINTH STREET RESTROOM CDBG $135,000 1 � 71 5098-232 CITY-FACILITIES ADA CITY HALL DOORS,PHASE I CDBG $16,000 _51 98-233 CITY-PUBLIC WORKSHABA HIGHLAND AVE STREETSCAPE CDBG $110,000 t 7� 5298-240 YWCA REHAB-PHASE II CDBG $55,000 53 98-241 CITY-FIRE FIRE PREVENTION/CODE COMPLIANCE OFFICE CDBG $18,983 54 98-242 CITY-ADMINISTRATOR'S OFFICE DEMOLITION CDBG $250,000 SUBTOTAL CAP.IMPROVE.PRODS. CDBG $2,414,889 CARRY OVER CAPITIAL IMPROVEMENT PROJECTS 55 97-229 CITY-FIRE FIRE ENGINE LEASES,PHASE i CDBG $230,761 TOTAL CAPITAL IMPROVEMENT PRODS. CDBG $2,645,650 CDBG PROGRAM ADMINISTRATION 5698-300 CITY-EDA CDBG PROGRAM ADMINISTRATION CDBG $611,150 r F 5798-301 CITY-EDA FAIR HOUSING CDBG $25,000 TOTAL CDBG PROGRAM ACTIVITIES CDBG $3,861,000 'This project and amount would be a ten year commitment Includes CDCAC (4/20/98)and Mayor and Council(5/11/98)reanmendations. NJOC:PRLT9899 U 2't 7zn CK e2� zj7v Al I N T E R O F F I C E M E M O R A N D U M Date : 20-Nov-1998 03 : 10pm PST From: Melanie Miller MILLER ME Dept : CITY CLERK Tel No : TO: Sandra Medina ( MEDINA SA ) Subject : documents without resolutions I just received from Eileen another set of documents that were adopted without a resolution number. These look like they were approved on 5/11/98 - SAC Health System. Just FYI Fr ,r 1 E R aw i City of San Bernardino ECONOMIC DEVELOPMENT AGENCY •Development Department -Redevelopment -Community Development -Housing •San Bernardino Downtown Main Street, Inc. •Convention and Visitors Bureau •Office of Business Development MEMORANDUM •Telecommunications Division DATE: November 6, 1998 TO: Judith Valles,Mayor James Penman,City Attorney Rachael Clark,City Clerk FROM: Ronald E. Winkler Director,Development Department SUBJECT: Community Development Block Grant(CDBG)Agreements Enclosed is one set of agreements for the Community Development Block Grant(CDBG)Program for SAC Health System The Community Development Commission approved the award on May 11, 1998. Please sign the agreements and forward to the next office. If you require additional information or clarification, please contact Doris Daniels, Community Development Specialist, at Ext. 3432. We thank you in advance for your immediate attention to this matter. Ronald E. inkler Director, Development Department vnh Enclosures SIGNATURES 201 North E Street, Suite 301 •San Bernardino, California 92401-1507•(909)384-5081 •(800)232-1267•FAX(909)888-9413 app CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of July 1, 1998 , at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and San Bernardino Communities 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Tobacco, Alcohol and other Drugs Abuse Prevention/Intervention which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DADAnt:comagnstdrugs 1 98-100 Rev. 09/03/98 f� f 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 NINE THOUSAND FIVE HUNDRED SEVENTY-EIGHT AND NO/100 DOLLARS ($9,578.00). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. The contract will be for a twelve (12) month period, renewable each year for up to three years, subject to satisfactory performance and continued availability of federal funds. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DADIntcomagnstdrugs 2 98-100 Rev. 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development 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. DAD:hrt:coma8nstdr+8&4 3 98-100 Rev. 09/03/98 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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES: 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among DAD:tnt:comagnstdrugs 4 98-100 Rev. 09/03/98 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. 9. 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 and 24 CFR, Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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 DAD:tnt:comagnstdrugs 5 98-100 Rev. 09/03/98 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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. 15. 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, DAD:trMcom pstdrugs 6 98-100 Rev. 09/03/98 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 CM 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 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. 18. 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 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. DADArMcomagnstdrugs 7 98-100 Rev. 09/03/98 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Jerilyn Simpson, President & CEO Development Department SB Community Against Drugs, Inc. Economic Development Agency 600234-North Arrowhead Avenue , suite 201 201 North "E" Street, Suite 301 San Bernardino CA 9.3409- 9 2 4 01 San Bernardino, California 92401 Tel. (909) 885-0509 22. 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. 23. 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. 24. ENTIRE AGREEMENT This Agreement and any document or instrument attached hereto or referred to herein DADAnt:comagnstdnigs 8 98-100 Rev. 09/03/98 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. 25. 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. //// DAD:tnt:comagnsidrugs 9 98-100 Rev. 09/03/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO \ ? , ecx 4-v,-esident & CEO JUDI'T`H VALLES, Mayor Cit�f San Bernardino 7 ATTEST 0 �� %- Se ary C klmeL RACHEL CLARK, City Clerk L ', City of San Bernardino Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By: l DADAnt:comagnstdrugs 10 98-100 Rev. 09/03/98 EX EBIT A {#� •���N� - - :ri:::;;:""?:<:±:�R�::""::.`-':::z:-•.`.?`="3•%v::`:?::•::::->:�v>-:'•:r'?•::•::::=::�:::�::�i:�i:�::::>.:;::::-::•»vx._:;t.:::•::::�:xt-:>::.::.:»:-`•:�iSk;>:-::-r:?.>!:•>:-::>:tr:-: SCOPE OF SERVICES 1. Funds will be used for salary to assist with drug intervention and prevention services. Activities will include counseling, youth conferences, leadership training, and recreational events. 2. Total funding is not to exceed $9,578 DAD tnt:comapadrugs 11 98-100 Rev. 09/03/98 EXHIBIT B PROGRAM BUDGET ........................ :.:. .......:.: .. Public Services $9,578.00 Capital Improvements Other $ TOTAL $9,578.00 DAD:tnt:eomagngdrugs 12 98-100 Rev. 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, JERILYN SIMPS_ON, PRESIDENT & CEO , of the ('.Name and Title of Official) SAN BERNARDINO COMMUNITIES AGAINST DRUGS INC. located at (Name of Agency/Organization).�LL�� _2�1� 9 2 4 01 6 0 0233-NORTH ARROWHEAD AVENUE,,SAN Ii�ltri�iKDINO CA 924U do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between SAN BERNARDINO COMMUNITIES AGAINST DRUGS INC. and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the SAN BDNO COMMUNITIES AGAINST DRUGS, INC will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. gnature O cial Date DAD:tnt:comagnstdrugs 13 98-100 Rev. 09/03/98 CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of July 1, 1998 , at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Meadowbrook Amateur Boxing Academy, Inc , a nonprofit community service organization, referred to as "Subrecipient". Cite and Subrecipient agree as follows.. 1. RECITALS (a) Subrecipient has requested financial assistance from City for fiscal year 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Community Youth Amateur Boxing which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD:tnt:boxing 1 98-101 Rev. 09/03/98 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 NINE THOUSAND THIRTY-EIGHT AND NO/100 DOLLARS ($9,038.00). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. The contract will be for a twelve (12) month period, renewable each year for up to three years, subject to satisfactory performance and continued availability of federal funds. 4. USE OF FUNDS, BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD:tn:boxing 2 98-101 Rev. 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development 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. DAD:tnt:boxing 3 98-101 Rev. 09/03/98 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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. S. PROCUREMENT PRACTICES; 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among DAD mt:boxing 4 98-101 Rev. 09/03/98 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. 9. ANTI-KICK BACK PROVISIONS; EOUAL 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 and 24 CFR, Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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 DAD tnt:boxing rJ 98-101 Rev. 09/03/98 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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. 15. TERMINATION FOR CAUSE (a) City reserves the right to terminate this Agreement in accordance with 24 CM 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, DAD:tnt:boxing 6 98-101 Rev. 09/03/98 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 CM 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 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. 18. 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 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. DADAnt:boxing 7 98-101 Rev. 09/03/98 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Amado Savala, Executive Director Development Department Meadowbrook Amateur Boxing Economic Development Agency Academy, Inc./1126 W. Congress Street 201 North "E" Street, Suite 301 San Bernardino CA 92410 San Bernardino, California 92401 Tel. (909) 885-8649 22. 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. 23. 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. 24. ENTIRE AGREEMENT This Agreement and any document or instrument attached hereto or referred to herein DAD:tnt:boxing 8 98-101 Rev. 09/03/98 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. 25. 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. DAD:tnt:boxing 9 98-101 Rev. 09/03/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO C Executive Director JUDITH VALLES, Mayor City'of San Bernardino Board President ATTEST %) , Secretar RACHEL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney n By: DAD:tnt:boxing 10 98-101 Rev. 09/03/98 EXHIBIT A ............................ e SCOPE OF SERVICES 1. Funds will be used for salary, professional services, transportation, insurance and supplies to provide amateur boxing experiences for youth for recreational and competitive purposes. 2. Total funding is not to exceed $9,038. DAD:tnt:boxing 11 98-101 Rev. 09/03/98 EXHIBIT B PROGRAM BUDGET !-r.;;.:}:�;:' ... ;:.}::::::}::-::.::<•: �?is<::>;::zi 'i>;}ii:::ti{iEfiiJ}i".: :: :>?�i::ii:C:::i:::' Public Services $9,038.00 Capital Improvements Other $ TOTAL $9,038.00 DAD:tnt:boxing 12 98-101 Rev. 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, AMADO SAVALA, EXECUTIVE DIRECTOR , of the (Name and Title of Official) MEADOWBROOK AMATEUR BOXING ACADEMY INC.. located at (Name of agency/Organization) 1126 WEST CONGRESS STREET, 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 MEADOWBROOK AMATEUR BOXING ACADEMY INC.. and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that MEADOWBROOK AMATEUR BOXING ACADEMY. INC will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. ^ ��� Signature of Official Date DAD:tnt:boring 13 98-101 Rev. 09/03/98 CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of July 1, 1998 , at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Mary's Mercy 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Mary's Table which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD:tnt:marymercy 1 98-102 Rev. 09/03/98 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 SIXTEEN THOUSAND FOUR HUNDRED SIXTY-SEVEN AND NO/100 DOLLARS ($16,467.00). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. The contract will be for a twelve (12) month period, renewable each year for up to three years, subject to satisfactory performance and continued availability of federal funds. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD:tnt:marymercy 2 98-102 Rev. 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development 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. DADIM marymercy 3 98-102 Rev. 09/03/98 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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12"hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES: 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among DADAnt marymercy 4 98-102 Rev. 09/03198 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. 9. 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 and 24 CFR,Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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 DAD=:marymercy 5 98-102 Rev. 09/03/98 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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. 15. 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, DAD:hit:marymercy ( 98-102 Rev. 09/03/98 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 anv 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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. 18. 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 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. DAD=:marymercy 7 98-102 Rev. 09/03/98 19. 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. ?0 ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Adrienne Schubert, Vice Pres./Admin. Development Department Mary's Mercy Center, Inc. Economic Development Agency 641 Roberds Avenue/PO Box 7563 201 North "E" Street, Suite 301 San Bernardino CA 92411 San Bernardino, California 92401 22. 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. 23. 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. 24. ENTIRE AGREEMENT This Agreement and any document or instrument attached hereto or referred to herein DAD:tnt ma ymercy 8 98-102 Rev. 09/03/98 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. 25. 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. //// //// //// DAD:tnt:marymercy 9 98-102 Rev. 09/03/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO Executive Director t ' E L' JUDITH VALLES, Mayor Cityof San Bernardino Board President ATTEST Se6t RACHEL CLARK, City Clerk City of San Bernardino -Jo r1 dAo�C�. - CUB Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney i D.AD:tnt marymercy 10 98-102 Rev. 09/03/98 EXHIBIT A '-:r:iii"ifiii:.�.ii. -i'•Y t 1C :.i..-:;;i:�:::i::i::i:-i is:i:iii::?::ii:::is SCOPE OF SERVICES 1. Funds will be used for salary to pay utilities and insurance for a facility that assists with the provision of emergency food for the poor and homeless. 2. Total funding is not to exceed $16,467. DAD tnt:marymercy 1 1 98-102 Rev. 09/03/98 EXHIBIT B PROGRAM BUDGET . ..... ...... ....... ... . ........ . ................ ........... Public Services $16,467.00 Capital Improvements Other $ TOTAL $16,467.00 DAD-tnt:marytnercy 12 98-102 Rev. 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, ADRIENNE SCHUBERT, VICE PRESIDENT/ADMIN. , of the (Name and Title of Official) MARY'S MERCY CENTER, INC. located at (:same of Agency/Organization) 641 ROBERDS AVENUE,P.O. BOX 7563, SAN BERNARDINO CA 92408 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between MARY'S MERCY CENTER, INC. and the (?Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the MARY'S MERCY CENTER, INC. will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. Signature of Official Da e DAD:tnt:marymercy 13 98-102 Rev. 09/03/98 COPY CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of July 1, 1998 , at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Libreria Del Pueblo, 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Immigration & Citizenship Services which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DADAnt:Immigration 1 98-103 Rev. 09/03/98 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 FOURTEEN THOUSAND THREE HUNDRED SIXTY-SEVEN AND NO 1100 DOLLARS ($14,367.00). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. The contract will be for a twelve (12) month period, renewable each year for up to three years, subject to satisfactory performance and continued availability of federal funds. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other Purpose not specifically authorized by this Agreement. DAD:tntln migration 2 98-103 Rev. 09/03/98 (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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 DAD:tnt:lmmigration 3 98-103 Rev. 09/03/98 United States Department of Housing and Urban Development 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 pro-,ide 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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES: 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 DAD:nOmmigration 4 98-103 Rev. 09/03/98 regulations, the standards adopted by Subrecipient shall provide for penalties, sanctions or other disciplinary actions to be applied for violations of such standards by either the Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among contractors which may restrict or eliminate competition or otherwise restrain trade. Subrecipient agrees to adhere to conflict of interest provisions set forth in 24 CFR Section 570.611 and to the procurement rules specified in 24 CFR, Part 85.36, in its expenditure of all funds received under this Agreement. 9. 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 and 24 CFR,Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval for any charges or fees to be charged by DAD:tntln migration 5 98-103 Rev. 09/03%98 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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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 My 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. 14. 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 or 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. DAD:tnt Immigration 6 98-103 Rev. 09/03/98 15. 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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. DAD:tnt:lmmigration 7 98-103 Rev. 09/03/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Father Patricio Guillen, Exec. Director Development Department Libreria Del Pueblo, Inc. Economic Development Agency 972 N. Mt. Vernon Avenue 201 North "E" Street, Suite 301 San Bernardino CA 92411 San Bernardino, California 92401 22. 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. DAD:tnt:1nnvgration 8 98-103 Rev. 09/03/98 23. 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. 24. 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. 25. 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. //// DAD-=1n migration 9 98-103 Rev. 09/03/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO Executive Director S DITH VALLES, Mayor C* of San Bernardino and Pr ' ent ATTEST n�n , Secretary l.�a4k RACHEL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By: DAD-wUn d ation 10 98-103 Rev. 09/03/98 EXHIBIT A }:4riii::::i(i-ri:.":;:ti..:`::.:::$`:.;...::jj:::?'x::":ist?�:;k:: iiii:i::::t :'::i'i.`riiiji:; i vii:->::Rfi::<:'.'•ii;>i`:�:i'i:::::::::::v:c.:.;::`:.:;:::. '::'v:�nTiT'.iii:�iiiiii.Ti'vii}ii:is iT?i::::::n-ii'•:i-:::.i:iii i:�:::ti::�' ::;: '. ::. .:. '': :. :::. �'t ...:::.. ::. ::.. s..:x r::....;.::c.:;:.>:.:::;:;....:-:.;:.;:.:::>:::<::.::5::::::::is::ii:;:ii;.i::i::i:;:::ii;:ii;:iii::i::?;:.:;.:<:;:;•:;:.;:.:;.::`i;..:.:i:;ii: SCOPE OF SERVICES 1. The agency will provide legal immigration services, as well as citizenship and ESL classes, to low and moderate-income person. Funds will be used for salaries, professional services, transportation, utilities insurance and supplies to assist persons with visa and citizenship processing and referrals. 2. Total funding is not to exceed $14,367. DAD:tzaln migration 11 98-103 Rev. 09/03/98 EXHIBIT B PROGRAM BUDGET .. ............. .... ... ........... ..... ............... .. ................. Public Services $14,367.00 Capital Improvements Other $ TOTAL $14,367.00 DAD:trd:lnmfigrafion 12 98-103 Rev. 09/03M EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Father Patricio Guillen, Executive Director , of the (Name and Title of Official) Libreria Del Pueblo. Inc. located at (Name of Agency/Organization) 972 North Mt. Vernon Avenue, San Bernardino CA 92411 dc)heleby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between Libreria Del Pueblo, Inc. and the (Name of.agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the Libreria Del Pueblo. Inc. will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. ature Official Date DAD:tnt:Immigration 13 98-103 Rev. 09/03/98 CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of July 1, 1998 , at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Los Padrinos of Southern California 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Youth Gang Intervention/Outreach Counseling which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CM Part 24, as amended. DAD:tatTadrinos 1 98-104 Rev. 09/04/98 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 FOURTEEN THOUSAND THREE HUNDRED SIXTY-SEVEN AND NO/100 DOLLARS ($14,367.00). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. The contract will be for a twelve(12) month period, renewable each year for up to three years, subject to satisfactory performance and continued availability of federal funds. 4. USE OF FUNDS; BUDGET, TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other Purpose not specifically authorized by this Agreement. DAD hrt:Padrinos 2 98-1Q4 Rev. 09/04/98 (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 of the "Agency Administrator"� to modify the budget during the first three (3) quarters of the fiscal year, so Iong 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 DAD triTadrinos 3 98-204 Rev. 09/04/98 United States Department of Housing and Urban Development 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 financia! 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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES• 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 DAD:w0adrinos 4 98-104 Rev. 09/04/98 regulations, the standards adopted by Subrecipient shall provide for penalties, sanctions or other disciplinary actions to be applied for violations of such standards by either the Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among contractors which may restrict or eliminate competition or otherwise restrain trade. Subrecipient agrees to adhere to conflict of interest provisions set forth in 24 CFR Section 570.611 and to the procurement rules specified in 24 CFR, Part 55.35, in its expenditure of all funds received under this Agreement. 9. 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 and 24 CFR, Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval for any charges or fees to be charged by DAD tntTadnnos 55 98-104 Rev. 09/04198 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 pro--visions 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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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 CM Part 85.32. DAD:tntTadnnos 6 98-104 Rev. 09/04/98 15. 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 CM 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 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 'T' above. DAD hrt:Padrinos 7 98-104 Rev. 09/04/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Max Alonso III, Executive Director Development Department Los Padrinos of So. California, Inc. Economic Development Agency 1464 E. Rialto Avenue 201 North "E" Street, Suite 301 San Bernardino CA 92408 San Bernardino, California 92401 22. 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. DAD ttttTadrinos 8 98-104 Rev. 09/04/98 23. 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. 24. 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. 25. 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. DAD tm:Padrinos 9 98-104 Rev. 09/04/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO Executive Director JUDITH VALLES, Mayor City of San Bernardino Board President President ATTEST Sec tary Q� ea . RACHEL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By: DAD:trrt.Padrmos 10 98-104 Rev. 09/04/98 EXHIBIT A .vrA:r. ri4{i - ....... --.::.n.t::-...... ter..:?.,, ...:........ ....n.- ...... :. a:.vv :...\ ...:: ..:..:}n.........n. .�:v:::::::-::^'. .v:.v}}::::.u......::::Y-..v::.... .....i::.v.x.::::}:{.:.--:.1-}f'ii:-: ::.•1i:J:y.}G}}'r•ii' tv.:}::::e.•ry}:/.:.:::::...a x::::::::�-: v..::w::::'-}:S:{::w:":.v.}})::•}}}dun.. n.-.. .v.. .nv}:-:-:ru-v}::.:{?_}:'.}}:a'.'::}.}{:n:::u.............v::::.::::{::y}:{:::.:......... ...f..:..ff..}x;}:ir-}}}:•::.v}:?-... ....... ..r:+.t.:....r„'Y•.•:r r....a..}::-:::.. .i{:::{r:nuvv.:v.::.:'-.v:x. u........ : SCOPE OF SERVICES 1. Funds will be used for salaries and supplies to provide counseling and referral services for at-risk youth and their families. The services will include crisis management, drug and alcohol counseling, family and parenting skills, career preparation, and educational guidance. 2. Total funding is not to exceed $14,367. DADAnt:Padrinos 11 98-104 Rev. 09/04/98 EXHIBIT B PROGRAM BUDGET I -ii.... :.::.:ii+4:�i:4%:�%%%{ v}. v.:.•n. -:i:?. .::v:v::::.+ ... ::.vn...::..........:.{.:::•:::::%itS?%i:i":::::.::v::i•%n........t...?.. ....:. .......... -w n r{n n +.h•::y3:i::vt':i:i%iiiiii%%:::%?i�:�w ,�yy�a .....::..v............: Public Services $14,367.00 Capital Improvements Other $ TOTAL, $14,367.00 DAD:tnt:Padrinos 12 98-104 Rev. 09/04/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Max Alonso III, Executive Director , of the (dame and Title of ial) Los Padrinos of Southern California Inc. located at ('.Name of Agency/Organization) 1464 East Rialto Avenue San Bernardino CA 92408 do hereby (Address of Agency/organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between Los Padrinos of Southern California Inc. and the (dame of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the Los Padrinos of Southern California Inc. will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. Signature of Official Date DAD:tnt:Padrinos 13 98-104 Rev. 09/04/98 CITY OF SAN BERNARDINO COFT ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into as of July 1, 1998 , at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Frazee Communitv 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Comprehensive Emergency Services which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and, (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD:tntTrazee 1 98-105 Rev. 09/04/98 <1< 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 SIXTEEN THOUSAND FOUR-HUNDRED SIXTY-SEVEN AND NO/100 DOLLARS ($16,467.00). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. The contract will be for a twelve (12) month period, renewable each year for up to three years, subject to satisfactory performance and continued availability of federal funds. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other Purpose not specifically authorized by this Agreement. DADAntTrazee 2 98-105 Rev. 09/04/98 (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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 DAD:tnt:Frazee 3 98-105 Rev. 09/04/98 United States Department of Housing and Urban Development 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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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 "12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES: 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 CM 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 DAD:tnt:Frazee 4 98-105 Rev. 09/04/98 regulations, the standards adopted by Subrecipient shall provide for penalties, sanctions or other disciplinary actions to be applied for violations of such standards by either the Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among contractors which may restrict or eliminate competition or otherwise restrain trade. Subrecipient agrees to adhere to conflict of interest provisions set forth in 24 CFR Section 570.611 and to the procurement rules specified in 24 CFR, Part 85.36, in its expenditure of all funds received under this Agreement. 9. 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 and 24 CFR,Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval for any charges or fees to be charged by DAD:tnt:Frazee 5 98-105 Rev. 09/04/98 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 acti-,ities, 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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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 CM Part 85.32. DADAriffrazee 6 98-105 Rev. 09/04/98 15. 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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. DAD:tnt:Frazee 7 98-105 Rev. 09/04/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Nedra F. Wallace, Executive Director Development Department Frazee Community Center Economic Development Agency 1140 W. Mill Street/P.O. Box 8250 201 North "E" Street, Suite 301 San Bernardino CA 92412-8250 San Bernardino, California 92401 22. 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. DAD:tnt:Frazee 8 98-105 Rev. 09/04/98 23. 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. 24. 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. 25. 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. //// //// DAD:tnt:Frazee 9 98-105 Rev. 09/04/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO Executive Director JUDITH VALLES, Mayor City oCSan Bernardino �_� xC Board President ATTEST n Secretary _ R", UL RACHEL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By: - DAD-mTrazee 10 98-105 Rev. 09/04/98 EXHIBIT A SCOPE OF SERVICES 1. Funds will be used to pay salaries, professional services, transportation, utilities, insurance, food and supplies to provide services to homeless and near homeless persons. Services will include a hot meal program, food boxes, clothing and on-site medical assistance through a social action clinic. 2. Total funding is not to exceed $16,467. DAD:trrt:Frazee 11 98-105 Rev. 09/04/98 EXHIBIT B PROGRAM BUDGET ............... ............. ................. .............. .... .............. Public Services $16,467.00 Capital Improvements Other $ TOTAL $16,467.00 DAWriffrazee 12 98-105 Rev. 09/04/98 EXIUBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Nedra F. Wallace. Executive Director , of the (:Name and Title of official) Frazee Community Center located at (Name of Agency/Organization) 1140 West Mill Street/P.O. Box 8250, San Bernardino CA 92412-8250do 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 handout 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. Signature of Official Date DAD:tnt:Frazee 13 98-105 Rev. 09/04/98 CITY OF SAN BERNARDINO C(D[PV ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of July 1, 1998 , 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Children's Fund Daily Referral Program which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD:tnt:childrenfund 1 98-106 Rev. 09/08/98 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 NINE THOUSAND FIVE HUNDRED SEVENTY-EIGHT AND NO/100 DOLLARS ($9,578.00). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. The contract will be for a twelve (12) month period, renewable each year for up to three years, subject to satisfactory performance and continued availability of federal funds. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and appro✓ed, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DADAnt:childrenfund 2 98-106 Rev. 09108/98 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 of the "Agency Administrator" to modifv 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development 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. DAD tnt:childrenfund 3 98-106 Rev. 09/08/98 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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES: 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among contractors which may restrict or eliminate competition or otherwise restrain trade. Subrecipient DAD:uu:childrenfund 4 98-106 Rev. 09/08/98 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. 9. 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 .N ith 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 and 24 CFR,Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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 D.1D:mt:chddrenfund rJ 98-106 Rev. 09/08/98 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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. 15. 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 DADIatchildrenfund 6 98-106 Rev. 09/08/98 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 fiall record of all monies received by Subrecipient and to document the uses of same. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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. 18. 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 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. DAD:tnt eWidrenfund 7 98-106 Rev. 09/08/98 19. 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. 20. ASSIGNMENT This Agreement shall not be assumed by Subrecipient without the prior written consent of City. 21. 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 SUBRECIV ENT: RONALD E. WINKLER, Director Bonnie O'Connor, Exe. Director Development Department Children's Fund, Inc. Economic Development Agency 385 North Arrowhead Avenue, 2"`l Floor 201 North "E" Street, Suite 301 San Bernardino CA 92415-0132 San Bernardino, California 92401 22. 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. 23. 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. 24. 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 DAD=:childrenfund 8 98-106 Rev. 09(08i98 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. 25. 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. DAD:tnt:childrenfund 9 98-106 Rev. 09/08/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO E utive Director JUDITH VALLES, Mayor City)of San Bernardino �— Boar President ATTEST Sec ary ?a&w &ate RACHEL CLARK, City Clerk City of San Bernardino b ( SJa,ndtz)�a), 4444. Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By: DAD:tutxhildrenfund 10 98-106 Rev. 09/08/98 EXHIBIT A •:�v.nvv. ri?.Y.ii.'i::•?iii.'-`?:i}?i:?i?:;_:4?:??1 ii? '--.Si.-?}.v. - .........v.•J..;.:n......:v::vii:ri..... ...... ........ .....: ".. }n...r. :.rni '-?%.......:i::�??????:L-?:-?ii:-fiiti:•iii:::-?::r:i:.ii:?iin.FL•:iY•}??i?:?Lii.'i?'-??::iii?i?:vL?'-:Y{?:i:; n....., ..:...... .... ...::::: ....... .:::-:::L:y?:?-:?:::.:...................................r r.i..r........:.r....r......:r...:.r............r........ ...... ..v...... v:..... r{.i?'-?i?iS:-.:-:'.:::-::v:w:•?:.i?i:v?:4'.:v?::v'!•...:x...r..x.r...... ..r v...n. ...{... ......v:C:.4......:................p.n:Y-:{4....... :Hf:i?i'?'v:-i::i''" it}:ii:•ii:'i::-i:•:-i�'� .n{.,`•}..iF?�iy:;iv:4i:<:i:-iiiiii"Li�i ....... ..v.:-nr............ .:.:::.......:. ..v.....:9.:'-"'i:::i:i:-::i-::i::_ir:in......x .............v....r....:. .............:.h::::..vv::::rv.?v:::::::::::L-•.n..x.........:.... .:?::::'v i':i.:i.:i. - ...:;....{.:....:.........;r:.::-::.::::::;L::-:::is i?•i-::i-:::::2.::2:`--i2i`i'i':}�i:::::iri: ?YY.:Y?Y{r:-?Y.vii'-: ".r:r;:.L:?'i}}hyy:::•_.rv.,.:.?v.?-.?-:v. -.!\v:?-.:i�::: - Fbi..x::::.:.:•r n.:n.r.::.:.:.::N?:i:•??iiiii'.:�??iiiv.:•::.:{:v?:i�ii$iiti:?iiiii}n::..:n::.:in�i $:•ij:::!:::i:i:i:!ii:n!:?:t i:::i{{::ii??4:{4??}???i:?i::?}ii}?:: SCOPE OF SERVICES 1. Funds will be used for supportive services on an emergency basis for children. Services will include food, clothing, transportation, child care items and other basic necessities. 2. Total funding is not to exceed $9,578 DAD:mt:childrenfund 11 98-106 Rev. 09!08198 ENMIT B PROGRAM BUDGET ...................:. .,:,.....:... ...... .....:..::::::: ....... r..... .}G q:•-:3Z. :-.:;:::::vvt5•• ... ..t...:.<.: :.t.....::i.... .....;.:..}..:......,r.,-::::::..... ...�F-:..:•:::.ti.::::;,,.:.,.:::.:...v.•:::::. - _:ax 3:-.::>:'-; �:�::;` iJN+i iiGG - - ki�l 'i- Yom`.• `1T'/ ..:. Public Services $9,578.00 Capital Improvements Other $ TOTAL $9,578.00 DAD:tnt:cl ildrenfund 12 98-106 Rev. 09/08/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) 1, BONNIE O'CONNOR, EXECUTIVE DIRECTOR of the (Name and Title of Official) CHILDREN_'S FUND, INC. located at (Name of Agency/Organization) 385 N. ARROWHEAD AVENUE, 2nd FL., SAN BERNARDINO CA 92408 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 handout 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. r Signature of Official Date DAD:tnt:childrenfund 13 98-106 Rev. 09/08/98 DEVELOPMENT DEPA RTMENT COPY CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT MEMORANDUM OF UNDERSTANDING Public Services THIS MEMORANDUM OF UNDERSTANDING, hereinafter"MOU", is entered into effective as of July 1. 1998, at San Bernardino, California, between the Development Department, a department of the Economic Development Agency and the Agency Administrator, the Community Development Block Grant Program Administrator, hereinafter "Administrator", and ECONOMIC DEVELOPMENT AGENCY DEVELOPMENT DEPARTMENT, a department or division of the City of San Bernardino, referred to as "Recipient". ADMINISTRATOR AND RECIPIENT AGREE AS follows: 1. Recitals. a. "Recipient" has been awarded financial assistance from "Administrator" for Fiscal Year 1998/1999= from funds available through the U.S. Department of Housing and Urban Development's Community Development Block Grant, hereinafter CDBG, Program, . Although no formal written agreement between Departments or Division is required, it is deemed beneficial that the obligations of"Recipient" be spelled out clearly to avoid program management and audit problems. b. "Recipient" represents that the expenditures authorized by this MOU and attachment "A" thereto is for C. Arden-Guthrie Community "Spirit" Center, which is for valid community development purposes, in accordance with federal laws and regulations, and that all funds granted under this MOU will be used for no purpose(s) other than those purpose(s) specifically authorized. C. "Recipient" further agrees and assures that, prior to the expenditure of funds granted under this MOU, compliance with federal regulations, specifically 24 CFR, Part 58, entitled "Environmental Review Requirements", will be adhered to and evidence thereof shall be provided to Administrator. d. Costs incurred or monies expended prior to compliance with federal regulations 24, CFR, Part 58, will considered unallowable costs under this MOU. e. "Recipient" agrees to provide the "Administrator" with written reports of its activities on or before the tenth (10) day of October, January, April and July of any given program year for the previous three (3) month period, in addition to a final report when this MOU terminates, in a form acceptable to the Administrator. All reports shall include information on DAD;:bnw.ps98.108 Page -1- Revised.-07/28/98(98-108) `- i program/project activities, accomplishments, new program/project information and current program/project statistics on expenditures, case loads, and activities of the reporting period. DAD;:bnw:ps 98-108 Page -2- Revised:07/28/98(98-108) f. "Recipient" will comply with requirements set forth in the Uniform Relocation Assistance and Real Property acquisition Policy Act (URA) of 1970, as amended, 49 CFR, in accordance with federal and local regulations when attempting to or acquiring any building or parcel of land. "Recipient" will be required to obtain written approval for the "Administrator" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. 2. Payments. "Administrator" shall pay to the "Recipient" the total sum of FOURTEEN THOUSAND THREE HUNDRED SIXTY-SEVEN AND NO/100 DOLLARS ($16,367), for the term of this MOU. Payments shall be in the form of reimbursements and shall be on a progressive basis, contingent upon certification and acceptance of the work completed by the ECONOMIC DEVELOPMENT AGENCY, DEVELOPMENT DEPARTMENT 3. Term. This MOU shall commence July 1, 1998, and terminate on June 30, 1999. The Administrator is hereby authorized, with the concurrence of the other parties to this document, to extend the term for a period not to exceed ninety (90) days in order to complete the projects and other obligations required to be performed herein. 4. Use of Funds. The funds paid to "Recipient" shall be issued solely for the purpose(s) set forth in Paragraph "1(b)" of this MOU and in accordance with the budget submitted by-"Recipient" with its application for this grant, and approved by the Administrator. Funds shall be used for purpose(s) authorized by the CDBG Program only, and no portion of the funds granted hereby shall be used for any purpose(s) not specifically authorized by this MOU. A variation in the itemization of costs, as set forth in the proposed budget submitted to "Administrator", not to exceed ten percent (10%) as to any particular line item, shall be allowed provided the prior written approval of the Administrator of the Economic Development Agency is obtained, it being understood that the total amount of the grant shall not be varied thereby. Furthermore, the "Recipient" shall immediately inform the Administrator, in writing, should there by any material change in the cost and time schedule for completion of an approved program/project. All funds are to be utilized within the time period covered by this MOU, and any funds not used shall revert to the "Administrator". Any excess funds that are result of cost savings may only be used for the approved scope of work and may not be applied toward new projects or other CDBG funded projects. No reserve for the future shall be established with the funds except as may be authorized by the "Administrator" to meet commitments made for services provided during the period of this MOU, but not yet paid for at the conclusion of this MOU. Under no circumstances will reimbursements be made for work initiated prior to execution of this memorandum. 5. Services Available to Residents: Monitoring and Reporting Program Performance The services of the "Recipient" shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied services because of race, color, national origin, creed, sex, marital status, or physical handicap. "Recipient" shall comply with Affirmative DAD;:bnw:ps9&108 page -3- Revised:07/28/98(98-108) Action guidelines in its employments practices. "Recipient" shall also monitor the program's/project's activities and report on its performance to "Administrator" annually, or more often if requested by "Administrator", in accordance with CDBG regulations 24 CFR, Part 58. 6. Procurement Practices. "Recipient" shall comply with procurement procedures and guidelines established by CDBG regulations 24 CFR, Part 85. All procurement transactions, without regard to dollar value, shall be conducted in a manner so as to provide minimum open and free competition. The "Recipient" shall be alert to organizational conflicts of interest or non-competition or otherwise restrain trade. "Recipient" agrees to adhere to conflict of interest provisions set forth in 24 CFR, Section 570.611 and to the procurement rules specified in CDBG regulations set forth in 24 CFR, Part 85, in its expenditure of all funds received under this MOU. 7. Anti-Kick Back Provision; Equal Employment Opportunity. All contracts for the construction or repair using funds provided under this MOU shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 USC 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. "Recipient" shall report all suspected or reported violations to City. All contracts in excess of$10,000 entered into by "Recipient" using funds provided under this MOU shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order 11246, as amended and 24 CFR, Part 135, Section 135.38. 8. Prevailing Wage Requirement Any construction contracts awarded by "Recipient" using funds provided under this MOU in excess of$2,000 shall include a provision for compliance with the Davies-Bacon Act (940 USC 276 (a7)), 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 that the minimum wage specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. "Recipient" shall place a copy of the current minimum wage determination in public view. "Recipient" shall report all suspected or reported violations to the Economic Development Agency of the City of San Bernardino. 9. Approval of Agency of any Charges "Administrator" reserves the right to require "Recipient" to obtain the prior approval of the Mayor and Common Council of any charges or fees to be charged by "Recipient" for services provided under this MOU, and of any rules and regulations governing the provision of services hereunder. DAD;:bnw:ps98-'O8 Page -4- - Revised:07/28/98(98-108) 10. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this MOU shall be retained for a period of three (3) years, and in the event or until and unless any of litigation, claims and audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this MOU shall be retained for three (3) years after the final deposition of such property. 11. Termination for Convenience "Administrator" or Recipient" may terminate this MOU in whole or in part provided that either parties agree that the continuation of the program/project would not produce beneficial results commensurate with the 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 termination, the portion to be terminated. The "Recipient" shall not incur new obligations for the terminated portion after the effective date and shall cancel any outstanding obligations as soon as possible. "Administrator" shall allow "Recipient" full credit for the "Administrator" share of the non-cancelable obligations properly incurred by the "Recipient" prior to termination. DAD;:bnw:ps98-108 Page -5- Revised:07/28/98(98-108) IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first herein above written, as an internal, "inter-departmental" MOU. RECIPIENT NvKme Date - ✓' e /��Zzy Title ADMINISTRATOR y zy- yg RIONALD VNVINKLER, Director Date Development Department DAD;:bnw:ps98-108 page -6- Revised:07/28/98(98-108) EXHIBIT A SCOPE OF SERVICES 1. Funds will be used for the salary of a child care coordinator who will identify sources of child care assistance for eligible families and market subsidized child care to local employers. 2. The cost of the project shall not exceed $14,367. DAD;:bnw:ps 98.108 page -7- Revised:07/28/98(98-108) EXHIBIT B PROGRAM BUDGET Pro'ect Budget CITY CDBG Other Total Per Catel,10 Capital Improvements $14,367.00 TOTAL $14,367.00 DAD;:bnw:ps98-108 Page -8- Revised:07/28/98(98-108) CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of July 1, 1998 , at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Cornerstone Christian Preschool, 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Subsidized Child Care—Aims 2-12 which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DADAnt:comerstone 1 98-110 Rev. 09/08/98 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 NINE THOUSAND FIVE HUNDRED SEVENTY-EIGHT AND NO/100 DOLLARS ($9,578.00). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. The contract will be for a twelve (12) month period, renewable each year for up to three years, subject to satisfactory performance and continued availability of federal funds. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD:tntxomecstone 2 98-110 Rev. 09/08/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development 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. DAD:trrt:comrstow 3 98-110 Rev. 09/08/98 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. (e) Subrecipient �v ill be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES: 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 CFI; , 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among contractors which may restrict or eliminate competition or otherwise restrain trade. Subrecipient DADAntcomerstone 4 98-110 Rev. 09/08/98 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. 9. 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 and 24 CFR, Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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 DADAnt:comerstone rJ 98-110 Rev. 09/08/98 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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. 15. 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 DAD:Urtxomerstone 6 98-110 Rev. 09/08/98 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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. 18. 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 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. DADAnt comerstone 7 98-110 Rev. 09/08/98 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKL,ER, Director Lorine Hargrave, Administrator Development Department Cornerstone Christian Preschool, Inc. Economic Development Agency 702 West 16th Street/P.O. Box 25031 201 North "E" Street, Suite 301 San Bernardino CA 92405 San Bernardino, California 92401 22. 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. 23. 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. 24. 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 DAD:tnt:comerstone 8 98-110 Rev. 09/08/98 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. 25. 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. DAD:tnt:comerstone 9 98-110 Rev. 09/08198 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO Executive Director JUDITH VALLES, Mayor "! City of San Bernardino Board President ATTEST t Secret RACHEL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By: DAD:trMcomerstone 10 98-110 Rev. 09/08/98 EXHIBIT A SCOPE OF SERVICES 1. The funds will be used to pay salaries, supplies, transportation, and insurance to assist with the cost of subsidizing the child care of eligible households. 2. Total funding is not to exceed $9,578. DAD:tnt:comerstone 11 98-110 Rev. 09/08/98 EXHIBIT B PROGRAM BUDGET Public Services $9,578.00 Capital Improvements Other $ TOTAL $9,578.00 DAD:tnt:comemone 12 98-110 Rev. 09/08/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, MS. LORINE HARGRAVE ADMINISTRATOR , of the (Name and Title of official) CORNERSTONE CHRISTIAN PRESCHOOL INC. located at (Name of Agency/Organization) 702 WEST 16TH STREET, SAN BERNARDINO CA 92405 do hereby (.Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between CORNERSTONE CHRISTIAN PRESCHOOL INC. and the (Name of agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the CORNERSTONE CHRISTIAN PRESCHOOL, INC will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. Signature of Official Date DAD:tnt:comerstone 13 98-110 Rev. 09/08/98 COPY CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and San Bernardino Child Advocacy Program, 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Court Advocates Program which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD:Iag::09-98-0 l.msc 1 98-112 Rev 09/03198 / 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 Sixteen Thousand, Four Hundred Sixty Seven DOLLARS ($16,467). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD:Iag::09-98-01.msc 2 98-112 Rev 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DAD:lag::09-98-0 Lmsc 3 98-112 Rev 09/03/98 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12"hereof City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES; 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD:Iag::09-9M 1.msc 4 98-112 Rev 09/03/98 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. 9. 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 and 24 CFR,Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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. DAD:fag::09-98-0 l.msc 5 98-112 Rev 09/03/98 (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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. DAD:Iag::09-98-0 Lmsc 6 98-112 Rev 09/03/98 15. 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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. DAD:Iag::09-9M 1.msc 7 98-112 Rev 09/03/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Audella Cook, Executive Director Development Department San Bernardino Child Advocacy Program Inc Economic Development Agency PO Box 30930 201 North "E" Street, Suite 301 San Bernardino, CA 92413-0930 San Bernardino, California 92401 22. 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. DADAag::09-98-0 l.msc 8 98-112 Rev 09/03/98 23. 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. 24. 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. 25. 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. //// DAD:Iag::09-98-0 l.msc 9 98-112 Rev 09/03/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO Executive Director JUDITH VALLES, Mayor City of San Bernardino Board President ATTEST Secretary RACHEL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By: G�- -,_,,ti,` DAD:Iag::09-98-0 Lmsc 10 98-112 Rev 09/03/98 EXHIBIT A SCOPE OF SERVICES (Description of Activities SCOPE OF SERVICES 1. Funds will be used to pay salary and benefits for staff to assist with the management of the volunteers, appointed by the Courts, who provide oversight of abused and neglected children and who advocate for their best interests. 2. Total Funding is not to exceed $16,467. DAD:Iag::09-98o l.msc 11 98-112 Rev 09/03/98 EXHIBIT B PROGRAM BUDGET Project Budget CITY CDBG Others Total Per Category Public Services $16,467 Capital Improvements Other TOTAL $16,467 DAD:Iag::09-98-0 Lmsc 12 98-112 Rev 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Audella Cook Executive Director , of the (Name and Title of Official) San Bernardino Child Advocacy Program. Inc located at (Name of Agency/Organization) PO Box 30930 San Bernardino CA 92413-0930 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between San Bernardino Child AdvocagX Program. Inc and the (Name of Agency/Orgali;�tion) City of San Bernardino: a) Certify that the information handout for CDBG Program requirepents has been read and understood, and b) Assure that the San Bernardino Child Advocacy Program, Inc will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. Signature of Official Date DAD:Iag::09-98-0 l.msc 13 98-112 09/03/98 Rev 4 pBUSFd SAN BERNARDINO CHILD AD VOCACY PROGRAM, INC. Sewing as the child's Guardian ad Liton through the Juvenile Dependency Division,Superior Court of San Bernardino County o 635 N. a 1 A 09 D St. (9 ) 881-6760 P. O. Box 30930 (909) 881-6764 Fax San Bernardino, CA 92413-0930 E-mail advocacy*sbcapi.or Web Page www.sbcapi.or� A dWd's voice in cwtr Internet Mall: www.wimall.com/sb OF DIRECTORS BOARD RESOLUTION Mario Lee,President District Repreunntive,Buffet Inc. The San Bernardino Child Advocacy Program, Inc. Board of Directors hereby Steve Kennedy,vic Attorney,Brunick,Allvaree vwe z&& resolve that Audella Cook, Executive Director, is authorized to submit Battersby proposals and sign contract agreements for funding on behalf of the Board of John Wagstaffe,Treasurer Directors. Marketing Consultant Jon Ferguson,Secretary It is also resolved that Audella Cook may submit proposals for private, City, Deputy District Attorney County, State and Federal funding and is authorized to enter into contract with San Bernardino County said party on behalf of the Organization. Be it resolved by act of the Board of Sharon Dupuis Directors. Deputy District Attorney San Bernardino County Approved and ratified by the Board. Dr.Lisa crane OB/GYN Inland Empire Women's Healthcare Renee Frazier Instructor,Phillips College Christopher Allen = Bank Manager 7-31- 78 Union Bank of California Mario L e, Presi nt Date Karen Decroot Board of Direc rs Psychiatric Social Worker,Riverside Co. Karen Schwartzkopf Realtor&Owner,Realty Executives ............................. Executive Director Audella Cook ............................. HONORARY BOARD MEMBERS Jim'Mudcat"Grant Slug Out,Los Angeles,CA Charles Andrews Inner City Broadcasting,San Antonio, TX Barbara McMahon Jomek Productions,Los Angeles,CA .�eeo-T.a so.er .a.wm"mn• .s.eow w..oer4or. United Wav D:\SBCAP2\BOARD\98-99\RESOLUTTONS\FUNDING.DOC Luc Revised on:7/30/98 Revised By:Jodie Godwin CITY OF SAN BERNARDINO COPY ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Legal Aid Society of San Bernardino, 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Legal Services which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD::lag::09-98-04.msc 1 98-114 Rev 09/03/98 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 Fourteen Thousand Three Hundred Sixty Seven and 00/100 DOLLARS ($14,367). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole. to this Agreement as Exhibit "B". The comprehensive budget. included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD::lag::09-98-04.mse 2 98-114 Rev 09/03/98 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 of the "Agency Administrator" to modify the budget during the first three (3)quarters of the fiscal year, so long as Subrecipient is in compliance with Section "T' 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DAD::Iag::09-98-04.msc 3 98-114 Rev 09/03/98 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12"hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES; 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD::Iag::09-98-04.msc 4 98-114 Rev 09/03/98 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. 9. 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 and 24 CFR,Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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. DAD::lag::09-98-04.mse 5 98-114 Rev 09/03/98 (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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. DAD::lag::09-98-04.msc 6 98-114 Rev 09/03/98 15. 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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 attn 'butable to expenditure of, or improvement to,the property by Subrecipient. Such reimbursement is not required after the period of time specified in"i" above. DAD::Iag::09-98-04.msc 7 98-114 Rev 09/03/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WWKLER, Director Victor Hoochee, Executive Director Development Department Legal Aid Society of San Bernardino, Inc. Economic Development Agency 555 North Arrowhead Avenue 201 North "E" Street, Suite 301 San Bernardino CA 92401 San Bernardino, California 92401 22. 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. DAD::Iag::09-98-04.msc 8 98-114 Rev 09/03/98 23. 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. 24. 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. 25. 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. //// DAD::Iag::09-98-04.msc 9 98-114 Rev 09/03/98 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO Executive Director JUDITHVALES, Mayor s City of$an Bernardino i' Board President ATTEST ' n ,fin Secretary� � 1�aAk' RACHEL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By: DADAag::09-98-04.msc 10 98-114 Rev 09/03/98 EXHIBIT A SCOPE OF SERVICES 1. Funds will be used for salary and benefits to support legal aid services for low- income and indigent City residents needing legal assistance. 2. Total Funding is not to exceed $14,367. DAD::1ag::09-98-04.msc 11 98-114 Rev 09/03/98 EXHIBIT B PROGRAM BUDGET Project Budget CITY GDBG Others Total Per Category Public Services $14,367 Capital Improvements Other TOTAL $14,367 DAD::Iag::09-98-04.msc 12 98-114 Rev 09/03/98 E)aHBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Victor Hochee, Executive Director , of the (Name and Title of Official) Legal Aid Society of San Bernardino, Inc. located at (Name of Agency/Organization) 555 North Arrowhead San Bernardino CA 92401 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between Legal Aid Society of San Bernardino and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the Legal Aid Society of San Bernardino will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. Signature of Official Date DAD::lag::09-98-04.msc 13 98-114 Rev 09/03/98 COPY CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Asian American Resource, 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Job Training/ESL which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD::lag::09-98-03.msc 1 98-120 Rev 09/03/98 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 Nine Thousand, Five Hundred Seventy Eight and 00/100 DOLLARS ($9,578). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD::Iag::09-98-03.msc 2 98-120 Rev 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" is obtained, it being understood that the total amount of the grant shall not be varied thereby. (0 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DAD::Iag::09-98-03.msc 3 98-120 Rev 09/03/98 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12"hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES; 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD::lag::09-98-03.msc 4 98-120 Rev 09/03/98 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. 9. 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 and 24 CFR, Part 135, Section 135.38. 10. 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. 11. CI_TY APPROVAL 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 prior written City approval 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. DAD::lag::09-98-03.msc 5 98-120 Rev 09/03/98 (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. 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. DAD::Iag::09-98-03.msc 6 98-120 Rev 09/03/98 15. 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,vvriting 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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 o f or improvement to,the property by Subrecipient. Such reimbursement is not required after the period of time specified in "i" above. DAD::lag::09-98-03.msc 7 98-120 Rev 09/03/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Rasmey Sam, Executive Director Development Department Asian American Resource Economic Development Agency 255 North"D" Street, Suite 206 201 North "E" Street, Suite 301 San Bernardino, CA 92401 San Bernardino, California 92401 22. 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. DADAag::09-98-03.msc 8 98-120 Rev 09/03/98 23. 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. 24. 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. 25. 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. DAD::Iag::09-98-03.msc 9 98-120 Rev 09/03/98 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO Executive D� ctor JUDITff VALLES, Mayor city an Bernardino v and side ATTEST � L � Secretary RACHEL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By: DAD::Iag::09-98-03.msc 10 98-120 Rev 09/03/98 EXHIBIT A z SCOPE OF SERVICES 1. Funds will be used for salaries and benefits for the job trainer and program coordinator. 2. Total Funding is not to exceed $9,578 DAD::lag::09-98-03.mse 1 1 98-120 Rev 09/03/98 EXIHBIT B PROGRAM BUDGET Project Budget CITY CDBG Others Total Per Category Public Services $9,578 Capital Improvements Other TOTAL $9,578 DAD::Iag::09-98-03.msc 12 98-120 Rev 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Rasmey Sam Executive Director , of the (Name and Title of Official) Asian American Resource located at (Name of Agency/Organization) 255 North"D" Street Suite 206 San Bernardino CA 92401 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between Asian American Resource and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the Asian American Resource win (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. Signature o fficial Date DAD::lag::09-98-03.msc 13 98-120 Rev 09/03/98 Copy CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California,between the City of San Bernardino, a municipal corporation, referred to as "City", and YMCA of San Bernardino Valley, a nonprofit community service organization, referred to as "Subrecipient". City and Subrecipient agree as follo-vvs: 1. RECITALS (a) Subrecipient has requested financial assistance from City for fiscal year 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Youth/Teen Leadership which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD::1ag:09-98-06.msc 1 98-122 Rev 09/03/98 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 Fourteen Thousand,Three Hundred Sixty-Seven and 00/100 DOLLARS ($14,367). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERTNI This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS, BUDGET, TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD::lag:09-98-06.msc 2 98-122 Rev 09/03/98 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 of the "Agency Administrator" to modify the budget during the first three (3) quarters of the fiscal year, so long as Subrecipient is in compliance with Section "T' 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator"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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DADAag:09-98-06.msc 3 98-122 Rev 09/03/98 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, in accordance with 24 CM 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES: 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD::1ag:09-98-06.msc 4 98-122 Rev 09/03/98 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. 9. 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 and 24 CFR,Part 135, Section 135.38. 10. 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. 11. 1CM APPROVAL 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 prior written City approval 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. DAD::lag:09-98-06.msc 5 98-122 Rev 09/03/98 (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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. DAD::lag:09-98-06.msc 6 98-122 Rev 09/03/98 15. TERMINATION FOR CAUSE (a) City reserves the right to terminate this Agreement in accordance with 24 CM 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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 'T' above. DAD::1ag:09-98-06.msc 7 98-122 Rev 09/03/98 is not required after the period of time specified in "i" above. 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Joseph George, Executive Director Development Department YMCA of San Bernardino Valley Economic Development Agency 216 West 6th Street 201 North "E" Street, Suite 301 San Bernardino, CA 92401 San Bernardino, California 92401 22. 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 DAD::Iag:09-98-06.msc 8 98-122 Rev 09/03/98 23. 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. 24. 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. 25. 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. DAD::Iag:09-98-06.msc 9 98-122 Rev 09/03/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO 1. utiv Director AUJ JUDITH IT T VALLES, Mayor City Bernardino Board Kresident ATTEST 4f Secretary &tw C&A RACHEL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES C ity Attorney By: DADAag:09-98-06.msc 10 98-122 Rev 09/03/98 EXHIBIT A SCOPE OF SERVICES 1. Funds will be used for salaries and membership subsidies for youth oriented programs. 2. Total Funding is not to exceed $14,367. EXHIBIT B DAD::1ag:09-98-06.msc 11 98-122 Rev 09/03/98 ENTUBIT B PROGRAM BUDGET omm Public Services $14,367 Capital Improvements Other TOTAL $14,367 DAD::lag:09-98-06.msc 12 98-122 Rev 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Joseph George. Executive Director , of the (Name and Title of Official) YMCA of San Bernardino Valley located at (Name of Agency/Organization) 216 Nest 6`h Street, San Bernardino, CA 92401 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between YMCA of San Bernardino Valley and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the YMCA of San Bernardino Valley will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. 2 c ,g j gna e of Official ate DAD::lag:09-98-06.msc 13 98-122 Rev 09/03/98 CITY OF SAN BERNARDINO c�op� ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Greater SB Special Olympics, City of San Bernardino Parks & Recreation, 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Special Olympics which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD::Iag:09-98-07.msc 1 98-123 Rev 09/03/98 y/ 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 Seven Thousand, Six Hundred Seventy and 00/100 DOLLARS ($7,670). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS, BUDGET, TRAVEL LMTATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD::Iag:09-98-07.msc 2 98-123 Rev 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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"Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DAD::lag:09-98-07.msc 3 98-123 Rev 09103/98 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES: 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD::1ag:09-98-07.msc 4 98-123 Rev 09/03/98 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. 9. ANTI-KICK BACK PROVISIONS: EQUAL EMPLOYTMENT 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 and 24 CFR, Part 135, Section 135.38. 10. 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 determinaticn 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. 11. CITY APPROVAL 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 prior written City approval 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. DAD::1ag:09-98-07.msc rJ 98-123 Rev 09/03/98 (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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. DAD::Iag:09-98-07.msc 6 98-123 Rev 09/03/98 15. 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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 'T' above. DAD::Iag:09-98-07.msc 7 98-123 Rev 09/03/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Patti Cooper, Area Director Development Department Greater SB Special Olympics City of SB Parks Economic Development Agency 547 North Sierra Way 201 North "E" Street, Suite 301 San Bernardino, CA 92410 San Bernardino, California 92401 22. 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. DADAag:09-98-07.mse 8 98-123 Rev 09/03/98 23. 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. 24. 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. 25. 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. DAD::Iag:09-98-07.msc 9 98-123 Rev 09/03/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO / r JUDIT VALLES, Mayor City obi an Bernardino Board t ►a A I�- ATTEST 4;' ,P" Secretary RACHEL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES F. N, City Attorney By: DAD::1ag:09-98-07.msc 10 98-123 Rev 09/03/98 EXHIBIT A - -- s _ -- SCOPE OF SERVICES 1. Funds will be used for salaries and benefits of the area director who organizes and administers the program including recruiting and training handicapped athletics, training coaches and volunteers, organizing competitions and educating the public on the program. 2. Total Funding is not to exceed $7.670. DAD::1ag:09-98-07.msc 11 98-123 Rev 09/03/98 ENHD31T B PROGRAM BUDGET Public Services $7,670 Capital Improvements Other TOTAL $7,670 DAD::lag:09-98-07.msc 12 98-123 Rev 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Patti Cooper, Area Director , of the (:dame and Title of Official) Greater SB Special Olympics, City of San Bernardino Parks & Recreation located at (Name of Agency!Organization) 547 North 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 Greater SB Special Olympics City of San Bernardino Parks & Recreation and the (dame of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the Greater SB Special Olympics City of San Bernardino Parks/Rec will (Name of Agency Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. �� Ccz zee 9. 30 , 5U Signature of Official Date DAD::lag:09-98-07.msc 13 98-123 Rev 09/03/98 CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and San Bernardino Sexual Assault Service, 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Spanish/English Outreach which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD::lag:09-98-08.msc 1 98-124 Rev 09/03/98 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 Sixteen Thousand, Four Hundred Sixty-Seven and 00/100 DOLLARS ($16,467). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS, BUDGET, TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD::Iag:09-98-08.msc 2 98-124 Rev 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DAD::Iag:09-98-08.msc 3 98-124 Rev 09/03/98 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES: 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 Subrecipienfs officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD::1ag:09-98-08.msc 4 98-124 Rev 09/03/98 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. 9. 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 and 24 CFR,Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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. DAD::1ag:09-98-08.msc rJ 98-124 Rev 09/03/98 (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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. DAD::1ag:09-98-08.n= 6 98-124 Rev 09/03/98 15. 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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. DAD::lag:09-98-08.msc 7 98-124 Rev 09/03/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WMLER, Director Candy Stallings Development Department San Bernardino Sexual Assault Service, Inc. Economic Development Agency 536 West I Ph Street 201 North "E" Street, Suite 301 San Bernardino, CA 92410 San Bernardino, California 92401 22. 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. DAD::1ag:09-98-08.msc 8 98-124 Rev 09/03/98 23. 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. 24. ENTERE 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. 25. 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. DAD::lag:09-98-08.msc 9 98-124 Rev 09/03198 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO Executive Director JUDITH VALLES, Mayor City,/of San Bernardino Board President ATTEST Secretary AaejV_e_ RA HEL CLARK, City Clerk City of San Bernardino �-0—)/ Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By: DAD::lag:09-98-0 8.msc 10 98-124 Rev 09/03/98 EXHIBIT A SCOPE OF SERVICES 1. Funds will be used for salaries, professional services, transportation, insurance, supplies and facility lease costs to assist with the expansion to 13 to 18 year olds, of the education and prevention workshops on such sexual assault issues as date rate and sexual harassment. 2. Total Funding is not to exceed $16,467. DADAag:09-98-08.msc 11 98-124 Rev 09/03/98 EXEIIBIT B PROGRAM BUDGET Public Services $16,467 Capital Improvements Other TOTAL $16,467 DAD::lag:09-98-08.=c 12 98-124 Rev 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Candy Stallings , of the (Name and Title of Official) San Bernardino Sexual Assault Service. Inc. located at (Name of Agency/Organization) 536 West I Vh Street 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 San Bernardino Sexual Assault Service, Inc. and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the San Bernardino Sexual Assault Service, Inc. will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. � 1 Signature of Offitial Date DAD::lag:09-98-08.msc 13 98-124 Rev 09/03/98 DEVELOPMENT DEPARTMENT COPY CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT MEMORANDUM OF UNDERSTANDING Public Services THIS MEMORANDUM OF UNDERSTANDING, hereinafter"MOU", is entered into effective as of July 1, 1998, at San Bernardino, California, between the Development Department, a department of the Economic Development Agency and the Agency Administrator, the Community Development Block Grant Program Administrator, hereinafter "Administrator", and CITY OF SAN BERNARDINO PUBLIC LIBRARY, a department or division of the City of San Bernardino, referred to as "Recipient". ADMINISTRATOR AND RECIPIENT AGREE AS follows: 1. Recitals. a. "Recipient" has been awarded financial assistance from "Administrator" for Fiscal Year 1998/1999, from funds available through the U.S. Department of Housing and Urban Development's Community Development Block Grant, hereinafter CDBG, Program, . Although no formal written agreement between Departments or Division is required, it is deemed beneficial that the obligations of"Recipient" be spelled out clearly to avoid program management and audit problems. b. "Recipient" represents that the expenditures authorized by this MOU and attachment "A" thereto is for C. LITERACY PROGRAM,which is for valid community development purposes, in accordance with federal laws and regulations, and that all funds granted under this MOU will be used for no purpose(s) other than those purpose(s) specifically authorized. C. "Recipient" further agrees and assures that, prior to the expenditure of funds granted under this MOU, compliance with federal regulations, specifically 24 CFR, Part 58, entitled "Environmental Review Requirements", will be adhered to and evidence thereof shall be provided to Administrator. d. Costs incurred or monies expended prior to compliance with federal regulations 24, CFR, Part 58, will considered unallowable costs under this MOU. e. "Recipient" agrees to provide the "Administrator" with written reports of its activities on or before the tenth(10) day of October, January, April and July of any given program year for the previous three (3) month period, in addition to a final report when this MOU terminates, in a form acceptable to the Administrator. All reports shall include information on program/project activities, accomplishments, new program/project information and current program/project statistics on expenditures, case loads, and activities of the reporting period. DAD;.bnw cps 98-130 Page -1- Revised:07/28/98(98-130) f. "Recipient" will comply with requirements set forth in the Uniform Relocation Assistance and Real Property acquisition Policy Act (URA) of 1970, as amended, 49 CFR, in accordance with federal and local regulations when attempting to or acquiring any building or parcel of land. "Recipient" will be required to obtain written approval for the "Administrator" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. 2. Payments. "Administrator" shall pay to the "Recipient" the total sum of SIXTEEN THOUSAND TWO HUNDRED EIGHTY-THREE AND NO/100DOLLARS ($16,283), for the term of this MOU. Payments shall be in the form of reimbursements and shall be on a progressive basis, contingent upon certification and acceptance of the work completed by the CITY OF SAN BERNARDINO PUBLIC LIBRARY. 3. Term. This MOU shall commence July 1, 1998, and terminate on June 30, 1999. The Administrator is hereby authorized, with the concurrence of the other parties to this document, to extend the term for a period not to exceed ninety (90) days in order to complete the projects and other obligations required to be performed herein. 4. Use of Funds. The funds paid to "Recipient" shall be issued solely for the purpose(s) set forth in Paragraph "I(b)" of this MOU and in accordance with the budget submitted by "Recipient" with its application for this grant, and approved by the Administrator. Funds shall be used for purpose(s) authorized by the CDBG Program only, and no portion of the funds granted hereby shall be used for any purpose(s) not specifically authorized by this MOU. A variation in the itemization of costs, as set forth in the proposed budget submitted to "Administrator", not to exceed ten percent (10%) as to any particular line item, shall be allowed provided the prior written approval of the Administrator of the Economic Development Agency is obtained, it being understood that the total amount of the grant shall not be varied thereby. Furthermore, the "Recipient" shall immediately inform the Administrator, in writing, should there by any material change in the cost and time schedule for completion of an approved program/project. All funds are to be utilized within the time period covered by this MOU, and any funds not used shall revert to the "Administrator". Any excess funds that are result of cost savings may only be used for the approved scope of work and may not be applied toward new projects or other CDBG funded projects. No reserve for the future shall be established with the funds except as may be authorized by the "Administrator" to meet commitments made for services provided during the period of this MOU, but not yet paid for at the conclusion of this MOU. Under no circumstances will reimbursements be made for work initiated prior to execution of this memorandum. 5. Services Available to Residents: Monitoring and Reportins Program Performance The services of the "Recipient" shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied services because of race, color, national origin, creed, sex, marital status, or physical handicap. "Recipient" shall comply with Affirmative DAD;bnw_ps 98-130 Page -2- Revised:07/28/98(98-130) Action guidelines in its employments practices. "Recipient" shall also monitor the program's/project's activities and report on its performance to "Administrator" annually, or more often if requested by "Administrator", in accordance with CDBG regulations 24 CFR, Part 58. 6. Procurement Practices. "Recipient" shall comply with procurement procedures and guidelines established by CDBG regulations 24 CFR, Part 85. All procurement transactions, without regard to dollar value, shall be conducted in a manner so as to provide minimum open and free competition. The "Recipient" shall be alert to organizational conflicts of interest or non-competition or otherwise restrain trade. "Recipient" agrees to adhere to conflict of interest provisions set forth in 24 CFR, Section 570.611 and to the procurement rules specified in CDBG regulations set forth in 24 CFR, Part 85, in its expenditure of all funds received under this MOU. 7. Anti-Kick Back Provision; Equal Employment Opportunity. All contracts for the construction or repair using funds provided under this MOU shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 USC 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. "Recipient" shall report all suspected or reported violations to City. All contracts in excess of$10,000 entered into by "Recipient" using funds provided under this MOU shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order 11246, as amended and 24 CFR, Part 135, Section 135.38. 8. Prevailing Wage Requirement. Any construction contracts awarded by "Recipient" using funds provided under this MOU in excess of$2,000 shall include a provision for compliance with the Davies-Bacon Act (940 USC 276 (a7)), 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 that the minimum wage specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. "Recipient" shall place a copy of the current minimum wage determination in public view. "Recipient" shall report all suspected or reported violations to the Economic Development Agency of the City of San Bernardino. 9. Approval of Agency of any Chames. "Administrator" reserves the right to require "Recipient" to obtain the prior approval of the Mayor and Common Council of any charges or fees to be charged by "Recipient" for services provided under this MOU, and of any rules and regulations governing the provision of services hereunder. DAD;:bnw:ps98-130 Page -3- Revised:07/28/98(98-130) 10. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this MOU shall be retained for a period of three (3)years, and in the event or until and unless any of litigation, claims and audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this MOU shall be retained for three(3)years after the final deposition of such property. 11. Termination for Convenience. "Administrator" or Recipient" may terminate this MOU in whole or in part provided that either parties agree that the continuation of the program/project would not produce beneficial results commensurate with the 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 termination, the portion to be terminated. The "Recipient" shall not incur new obligations for the terminated portion after the effective date and shall cancel any outstanding obligations as soon as possible. "Administrator" shall allow "Recipient" full credit for the "Administrator" share of the non-cancelable obligations properly incurred by the "Recipient" prior to termination. IN DAD;:bnw:ps 98-130 Page 4- Revised:07/28/98(98-130) r IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first herein above written, as an internal, "inter-departmental" MOU. RECIPIENT Name Date Title ADMINISTRATOR RONALD E. INKLER, Director Date Development Department DAD;:bnw:ps9&130 Page -5- Revised:07/28/98(98-130) EXHIBIT A SCOPE OF SERVICES 1. Funds will be used for the salaries, professional services, travel, and supplies to assist clients with literacy services that will lead to job training and placement. 2. The cost of the project shall not exceed $16,283. DAD;:bnw:ps98-130 Page -6- Revised:07/28/98(98-130) EXHIBIT B PROGRAM BUDGET Project Budget CITY CDBG Other Total Per Category Public Services $16,283. TOTAL $16,283. DADG.bnw�9&130 Page-7- Revised:07/28/98(98-130) CITY OF SAN BERNARDINO COPY ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Option House, 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Crisis Intervention Shelter which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD::lag:09-98-10.msc 1 98-131 _ Rev 09/03/98 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 Sixteen Thousand, Four Hundred Sixty-Seven and 00/100 DOLLARS ($16,467). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD::lag:09-98-1 0.mse 2 98.131 Rev 09/03/98 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 of the "Agency Administrator" to modify the budget during the first three (3) quarters of the fiscal year, so long as Subrecipient is in compliance with Section "T' 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" is obtained, it being understood that the total amount of the grant shall not be varied thereby. (0 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 fund 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"Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DADAag:09-98-10.msc 3 98-131 Rev 09/03/98 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES; 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD::Iag:09-98-10.msc 4 98-131 Rev 09/03/98 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. 9. 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 CM 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 and 24 CFR,Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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. DAD::lag:09-98-10.msc S 98-131 Rev 09/03/98 (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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. DAD::1ag:09-98-10.msc 6 98-131 Rev 09/03/98 15. 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. 16. TERiMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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 'T' above. DAD::lag:09-98-10.msc 7 98-131 Rev 09/03/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Veleata Scott, Executive Director Development Department Option House Economic Development Agency PO Box 970 201 North "E" Street, Suite 301 San Bernardino, CA 92402 San Bernardino, California 92401 22. 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. DAD::Iag:09-98-10.msc 8 98-131 Rev 09/03/98 23. 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. 24. 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. 25. 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. DAD::lag:09-98-10.msc 9 98-131 Rev 09/03/98 IN WITNESS WBEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO f ; Executive Director JUDITH VALLES, Mayor City bt`San Bernardino �✓ ��-�✓ Bard President ATTEST 9-ellcretary RACHEL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES F. PE N, City Attorney By: DAD::1ag:09-98-10.msc 10 98-131 Rev 09/03/98 EXHIBIT A SCOPE OF SERVICES 1. Funds will be used to pay the salary of a victim's advocate to provide direct interaction with clientele/residents of the battered women's shelter and their children. Services will include: a crisis hotline call screening; advocacy sessions; information/referrals, counseling, outreach, shelter services, and training on domestic violence. 2. Total Funding is not to exceed $16,467. DAD::1ag:09-98-10.msc 11 98-131 Rev 09/03/98 EXHIBIT B PROGRAM BUDGET Public Services $16,467 Capital Improvements Other TOTAL $16,467 DAD::lag:09-98-10.msc 12 98-131 Rev 09/03/98 EXHIBIT C 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 located at (Name of Agency/Organization) PO 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 and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the Option House will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. Signature of Officia Date f DAD::1ag:09-98-10.msc 13 98-131 Rev 09/03/98 CITY OF SAN BERNARDINO 00FT ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Arrowhead United Way, 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Information & Referral which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD::Iag:09-98-1 l.msc 1 98-134 Rev 09/03/98 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 Fourteen Thousand,Three Hundred Sixty-Seven and 00/100 DOLLARS ($14,367). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund provided hereunder shall be specifically identified as travel expense, which shall be negotiated between the City of San Bernardino Development Department and Subrecipient as fisted 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD::Iag:09-98-1 1.msc 2 98-134 Rev 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DAD::Iag:09-98-1 1.msc 3 98-134 Rev 09/03/98 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES: 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD::lag:09-98-1 Lmsc 4 98-134 Rev 09/03/98 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 CM Part 85.36, in its expenditure of all funds received under this Agreement. 9. 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 and 24 CFR,Part 135, Section 135.38. 10. PREVAILING WAGE REOUHZEMENT 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. 11. CITY APPROVAL 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 prior written City approval 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. DAD::lag:09-98-1 1.msc5 98-134 Rev 09/03/98 (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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. DAD::Iag:09-98-1 1.msc 6 98-134 Rev 09/03/98 15. 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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 'T' above. DAD::lag:09-98-1 1.msc 7 98-134 Rev 09/03/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Douglas Rowand, President Development Department Arrowhead United W4ti Economic Development Agency 646 North"D" Street 201 North "E" Street, Suite 301 San Bernardino, CA 92401 San Bernardino, California 92401 22. 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. DAD::Iag:09-98-1 Lnisc 8 98-134 Rev 09/03/98 23. 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. 24. 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. 25. NO THIRD PARTY BENEFICIARIES No third parry shall be deemed to have any rights hereunder against any of the parties hereto as a result of this Agreement. DAD::lag:09-98-1 1.msc 9 98-134 Rev 09/03/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO Executiv ector JUDITH VA>ff'S, Mayor City of Sa"tnardino Board President ATTEST Secretary RACHEL CLARK, City Clerk City of San Bernardino � Jafi"4twcL) Wit Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By: Timothy Sabo Agency Special Counsel DAD::Iag:09-98-1 Lmsc 10 98-134 Rev 09103/98 EXHIBIT A SCOPE OF SERVICES I. Funds will be used for salary to assist with the provision of information and referral services to persons needing programs that provide food, emergency shelter and housing,jobs, rental assistance, mental health care, domestic violence services, child care and other support services. 2. Total Funding is not to exceed $14,367. DAD::Iag:09-98-I 1.mse 11 98-134 Rev 09/03/98 EXHIBIT B PROGRAM BUDGET Public Services $14,367 Capital Improvements Other TOTAL $14,367 DAD::Iag:09-98-11.=c 12 98-134 Rev 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Douglas Rowand, President , of the (Name and Title of Official) Arrowhead United Way located at (Name of Agency/Organization) 646 North"D" Street San Bernardino CA 92401 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between Arrowhead United Way and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the _ Arrowhead United Way will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. Signature O cial Date DAD::lag:09-98-1 Lrnsc 13 98-134 Rev 09/03/98 CITY OF SAN BERNARDINO COPY ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and ASA Learning 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Employment Classes which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD::Iag:09-98-12.msc 1 98-135 Rev 09/03/98 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 Sixteen Thousand, Four Hundred Sixty-Seven and 00/100 DOLLARS ($16,467). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS, BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD::lag:09-98-12.msc 2 98-135 Rev 09/03/98 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 of the "Agency Administrator" to modify the budget during the first three (3) quarters of the fiscal year, so long as Subrecipient is in compliance with Section 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DAD::lag:09-98-12.msc 3 98-135 Rev 09/03/98 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES, 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD::Iag:09-98-12.msc 4 98-135 Rev 09/03/98 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. 9. ANTI-KICK BACK PROVISIONS; EOtiAL 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 and 24 CFR,Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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. DAD::1ag:09-98-12.=c rJ 98-135 Rev 09/03/98 (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, 1998). 12, TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. DAD::Iag:09-98-12.msc 6 98-135 Rev 09/03/98 15. 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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. DAD::lag:09-98-12.msc 7 98-135 Rev 09/03/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Patricia Campbell, Executive Director Development Department ASA Learning Center Economic Development Agency 407 East Gilbert, Suite 7 201 North "E" Street, Suite 301 _San Bernardino. CA 92404 San Bernardino, California 92401 22. 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. DAD:Jag:09-98-12.msc 8 98-135 Rev 09/03/98 23. 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. 24. 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. 25. 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. DAD::lag:09-98-12.msc 9 98-135 Rev 09/03/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO Executive Director JUDITH V LL S, Mayor y' ; City of Sa Ber ardino B d President ATTEST Secretary l�C�el�ze.Q '�QC�Jc.I� RACHEL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: n JAMES F. PE", City Altorl fey By: v / DAD::1ag:09-98-12.msc 10 98-135 Rev 09/03/98 EXHIBIT A DAMN SCOPE OF SERVICES 1. Funds will be used for salary and benefits, utilities, insurance space rent and supplies employment training support services such as ESL and anger management classes ato assist with obtaining and retaining employment. 2. Total Funding is not to exceed $16,467. DAD::1ag:09-98-12.msc 11 98-135 Rev 09/03/98 EXHIBIT B PROGRAM BUDGET Public Services $16,467 Capital Improvements Other TOTAL $16,467 DAD::lag:09-98-12.msc 12 98-135 Rev 09/03/98 E)=IT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Patricia Campbell Executive Director , of the (Name and Title of Official) ASA Learning Center located at (Name of Agency/Organization) 407 East Gilbert San Bernardino CA 92404 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between ASA Learning Center and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the _ ASA Learning Center will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. '�--``^• 0, 1.•---�— Cii 1 1 48 Signature of Official Date DAD::lag:09-98-12.msc 13 98-135 Rev 09/03/98 COPY CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Highland District Council on Aging, 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Senior Services which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD::lag:09-98-13.msc 1 98-136 Rev 09/03/98 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 Fourteen Thousand,Three Hundred Sixty-Seven and 00/100 DOLLARS ($14,367). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TEFUNI This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD::lag:09-98-13.msc 2 98-136 Rev 09/03/98 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 of the "Agency Administrator" to modify the budget during the first three (3) quarters of the fiscal year, so long as Subrecipient is in compliance with Section "T' 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DAD::lag:09-98-13.msc 3 98-136 Rev 09/03/98 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES: 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD::Iag:09-98-13.msc 4 98-136 Rev 09/03/98 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. 9. 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 and 24 CFR,Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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. DAD::Iag:09-98-13.=c 5 98-136 Rev 09/03/98 (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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. DAD::1ag:09-98-13.msc 6 98-136 Rev 09/OM 15. 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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. DAD::Iag:09-98-13.msc 7 98-136 Rev 09/03/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Penny Lilburn, Executive Director Development Department Highland District Council on Aging Economic Development Agency 3102 East Highland Avenue 201 North "E" Street, Suite 301 Patton California 92346 San Bernardino, California 92401 22. 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. DAD::1ag:09-98-13.msc $ 98-136 Rev 09103/98 23. 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. 24. 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. 25. 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. DAD::lag:09-98-13.msc 9 98-136 Rev 09/03/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. ,t CITY OF SAN BERNARDINO n r� /7 Executive Dire JUDITH VALLES, Mayor j City-,6f San Bernardino �" '' Board President AT'TES'T V Secretary RACHEL CLARK, City Clerk City of San ernardino Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney I By: T �� DAD::1ag:09-98-13.msc 10 98-136 Rev 09/03/98 EXHIBIT A SCOPE OF SERVICES 1. Funds will be used for salary to provide various senior services including: information and referral services, classes, workshops, health screening, day trips, meals, transportation assistance and home-bound services. 2. Total Funding is not to exceed $14,367. DAD::1ag:09-98-13.msc ] 1 98-136 Rev 09/03/98 EXHIBIT B PROGRAM BUDGET Public Services $14,367 Capital Improvements Other TOTAL $14,367 DAD::lag:09-98-13.msc 12 98-136 Rev 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I Penny Lilburn, Executive Director , of the (Name and Title of Official) Highland District Council on Aging located at (Name of Agency/Organization) 3102 East Hi hland, Patton, 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 and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the Highland District Council on Aging will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. Signature of Official Date DAD::lag:09-98-13.msc 13 98-136 Rev 09/03/98 COPY CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Adopt-A-Bike, 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Bikes/Computer Program which is a valid and eligible community development purposes, as defined in CFR Part 570 in accordance with federal law and regulations, and that all fiords 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD::1ag:09-98-14.msc 1 98-137 Rev 09/03/98 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 Sixteen Thousand, Four Hundred Sixty-Seven and 00/100 1 DOLLARS ($16,467). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD::Iag:09-98-14.msc 2 98-137 Rev 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DAD::lag:09-98-14.msc 3 98-137 Rev 09/03/98 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES; CONFLICT OF INTEREST Subrecipient shall comply with procurement procedures and guidelines established by 24 CM 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD::1ag:09-98-14.msc 4 98-137 Rev 09/03/98 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. 9. 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 and 24 CFR,Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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. DAD::1ag:09-98-14.msc 5 98-137 Rev 09/03/98 (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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. CORDS 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. 14. 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 or 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. DAD::1ag:09-98-14.msc 6 98-137 Rev 09/03/98 15. TERMINATION FOR CAUSE (a) City reserves the right to terminate this Agreement in accordance with 24 CFP, 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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. DAD::1ag:09-98-14.msc 7 98-137 Rev 09/03/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Charles SZmour. CEO Development Department Adopt-A-Bike Economic Development Agency 1125 Harris Street 201 North "E" Street, Suite 301 San Bernardino, California 92411 San Bernardino, California 92401 22. 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. DAD:Jag:09-98-14.msc 8 98-137 Rev 09/03/98 23. 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. 24. 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. 25. 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. //// DAD::lag:09-98-14.msc 9 98-137 Rev 09/03/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO 'Executive Director ,iDIT VALLES, Mayor ty of an Bernardino (/ U Bo4 President ATTEST a� CL Secretary RACHEL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES F. ,E N, C j�ttorney By: DAD::Iag:09-98-14.msc 10 98-137 Rev 09/03/98 EXHIBIT A SCOPE OF SERVICES 1. Funds will be used to pay salaries, utilities, and space rent to assist the repair and distribution of donated bikes and computers to youths who have completed community and self-improvement projects. 2. Total Funding is not to exceed $16,467. DAD::Iag:09-98-14.msc 11 98-137 Rev 09/03/98 EXHIBIT B PROGRAM BUDGET Public Services $16,467 Capital Improvements Other TOTAL $16,467 DAD::Iag:09-98-14.msc 12 98-137 Rev 09/03/98 f ' EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Charles Seymour, CEO , of the (Name and Title of Official) Adopt-A-Bike located at (Name of Agency/Organization) 1125 Harris Street San Bernardino CA 92411 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between Adopt-A-Bike and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the Adopt-A-Bike will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. fj V / _67 lgnature of Of�clal Date DAD::lag:09-98-14.msc 13 98-137 Rev 09/03/98 CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Campfire Boys & Girls - San Andreas Council, a nonprofit community service organization, referred to as "Subrecipient". City and Subrecipient agree as follov,-s: 1. RECITALS (a) Subrecipient has requested financial assistance from City for fiscal year 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Kids Klub Program which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DADAag:09-98-15.msc 1 98-138 Rev 09/03/98 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 Sixteen Thousand, Four Hundred Sixty-Seven and 00/100 DOLLARS ($16,467). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD::Iag:09-98-15.=c 2 98-138 Rev 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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"Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DAD::lag:09-98-15.msc 3 98-138 Rev 09/03/98 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT_PRACTICES; 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD:Aag:09-98-15.msc 4 98-138 Rev 09/03/98 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 CM Part 85.36, in its expenditure of all funds received under this Agreement. 9, 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 and 24 CFR,Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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. DAD::1ag:09-98-15.msc 5 98-138 Rev 09/03/98 (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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. DAD::1ag:09-98-15.msc 6 98-138 Rev 09/03/98 15. 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 Llayor 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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 'T' above. DAD::1ag:09-98-15.msc 7 98-138 Rev 09/03/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Jean Bourbeau Development Department Campfire Boys& Girls-San Andreas Council Economic Development Agency 536 West 11`h Street, Suite A 201 North "E" Street, Suite 301 San Bernardino, California 92410 San Bernardino, California 92401 22. 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. DAD:Jag:09-98-15.msc 8 98-138 Rev 09/03/98 23. 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. 24. 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. 25. 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. DAD::Iag:09-98-15.msc 9 98-138 Rev 09/03/98 IN WITNESS WBEREOF, the parties hereto have execrated this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO ecutive Director JUDITH VALLES, Mayor City bf San Bernardino Board President ATTEST Secretary RACHEL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By: TiTrfothy JUVo Special Counsel DAD::1ag:09-98-15.msc 10 98-138 Rev 09/03/98 EXHIBIT A RONNIE IN SCOPE OF SERVICES 1. Funds will be used to pay salaries, utilities, mileage, insurance and supplies for an after school program for children ages 5-12 years. The program will provide anti-drug and crime prevention classes, field trips and service projects. 2. Total Funding is not to exceed $16,467. DAD::Iag:09-98-15.msc ] 1 98-138 Rev 09/03/98 EXHIBIT B PROGRAM BUDGET Public Services $16,467 Capital Improvements Other TOTAL $16,467 DAD::Iag:09-98-15.msc 12 98-138 Rev 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Jean Bourbeau , of the (Name and Title of Official) Campfire Boys & Girls-San Andreas Council located at (Name of Agency/Organization) 536 West 11th Street 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 Campfire Boys & Girls-San Andreas Council and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the Campfire Boys& Girls - San Andreas Council will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. S' ature of Official 6ate DAD::1ag:09-98-15.msc 13 98-138 Rev 09/03/98 CITY OF SAN BERNARDINO Q31PV ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Family Service Agency of San Bernardino, a nonprofit community service organization, referred to as "Subrecipient". City and Subrecipient agree as follows: 1. RECITALS (a) Subrecipient has requested financial assistance from City for fiscal year 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Suicide Intervention Services which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD::Iag:09-98-16.msc 1 98-139 Rev 09/03/98 i J 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 Sixteen Thousand, Four Hundred Sixty-Seven and 00/100 DOLLARS ($16,467). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TEWNt This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD::lag:09-98-16.msc 2 98-139 Rev 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DAD::lag:09-98-16.msc 3 98-139 Rev 09/03/98 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAMABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES, CONFLICT OF INTEREST Subrecipient shall comply with procurement procedures and guidelines established by 24 CM 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD::lag:09-98-16.msc 4 98-139 Rev 09/03/98 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. 9. 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 and 24 CFR,Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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. DAD::lag:09-98-16.msc 5 98-139 Rev 09/03/98 (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, 1998). 12. TEMPORARY `ti'ITHHOLDLIiG The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. DAD::1ag:09-98-16.msc 6 98-139 Rev 09/03/98 15. 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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 'T' above. DAD::Iag:09-98-16.msc 7 98-139 Rev 09/03/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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 SUBREC11PIENT: RONALD E. WINKLER, Director Jeffrey Johnson, President Development Department Family Service Agency of San Bernardino Economic Development Agency 1669 North"E" Street 201 North "E" Street, Suite 301 San Bernardino, California 92405 San Bernardino, California 92401 22. 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. DAD::Iag:09-98-16.=c 8 98-139 Rev 09103/98 23. 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. 24. 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. 25. NO THIItD PARTY BENEFICIARIES No third party shall be deemed to have any rights hereunder against any of the parries hereto as a result of this Agreement. DAD::lag:09-98-16.msc 9 98-139 Rev 09/03/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO �n E ve irector JUDr TH VALLES, Mayor " City of San Bernardino Board President ATTEST Secre 07 t_e,L. RCLCW PALL RACHEL CLARK, City Clerk City of San Bernardino Jar►C -2C�.u1CL� , ?Gt Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By: DAD::1ag:09-98-16.=c 10 98-139 Rev 09/03/98 EXHIBIT A SCOPE OF SERVICES 1. Funds will be used for salaries and professional services for a year round intervention program and to maintain a teen crisis hotline. 2. Total Funding is not to exceed $16,467. DAD::1ag:09-98-16.msc 11 98-139 Rev 09/03/98 EXHIIBIT B PROGRAM BUDGET Public Services $16,467 Capital Improvements Other TOTAL $16,467 DAD::Iag:09-98-16.msc 12 98-139 Rev 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Jeffrey Johnson President , of the (Name and Title of Official) Family Service Agency of San Bernardino located at (Name of Agency/Organization) 1669 North"E" Street San Bernardino CA 92405 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between Family Service Agency of San Bernardino and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the _ Family Service Agency of San Bernardino will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. 1 Date DAD::lag:09-98-16.msc 13 98-139 Rev 09/03/98 CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and The Salvation Army, 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Emergency Food Service which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD::tag:09-98-17.msc 1 98-140 Rev 09/03/98 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 Sixteen Thousand, Four Hundred Sixtv-Seven and 00/100 DOLLARS ($16,467). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERiINI This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD::lag:09-98-17.msc 2 98-140 Rev 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DAD::lag:09-98-17.msc 3 98-140 Rev 09/03/98 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES: 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD::1ag:09-98-17.msc 4 98-140 Rev 09/03/98 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. 9, 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 and 24 CFR,Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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. DAD::Iag:09-98-17.msc5 98-140 Rev 09/03/98 (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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. DAD::Iag:09-98-17.msc 6 98-140 Rev 09/03/98 15. 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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 'T' above. DAD::Iag:09-98-17.msc 7 98-140 Rev 09/03/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Russell Fritz, Corps Officer Development Department The Salvation Army Economic Development Agency 746 West 5t' Street 201 North "E" Street, Suite 301 San Bernardino, California 92410 San Bernardino, California 92401 22. 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. DAD::Iag:09-98-17.msc 8 98-140 Rev 09/03/98 23. 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. 24. 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. 25. NO THIlW 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. DAD::lag:09-98-17.msc 9 98-140 Rev 09/03/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO Executive Director JUDITH VALLES, Mayor City,of San Bernardino 2j-m 7-4�-�-W board President ATTEST 7 Secrdary L R V-atj& RACUEL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES F.,-P N N, Ci Attorney r By: DAD::1ag:09-98-17.msc 10 98-140 Rev 09/03/98 EXHIBIT A SCOPE OF SERVICES 1. Funds will be used for salaries and professional services, transportation, utilities, insurance and food supplies for the emergency pantry. 2. Total Funding is not to exceed $16,467. DAD::Iag:09-98-17.msc 1 1 98-140 Rev 09/03/98 EXHIBIT B PROGRAM BUDGET Public Services $16,467 Capital Improvements Other TOTAL $16,467 DAD::lag:09-98-17.msc 12 98-140 Rev 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Russell Fritz, Corps Officer , of the (Name and Title of Official) The Salvation Army located at (Name of Agency/Organization) 746 West 5u' Street, 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 The Salvation Army and the (Maine of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the The Salvation Army will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the C G Agreement. Signature of Official Date DAD::1ag:09-98-17.msc 13 98-140 Rev 09/03/98 CITY OF SAN BERNARDINO r=.9 O �� ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and YWCA of Greater San Bernardino, a nonprofit community service organization, referred to as "Subrecipient". City and Subrecipient agree as follows: 1. RECITALS (a) Subrecipient has requested financial assistance from City for fiscal year 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the After School/Swim + Program which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD::Iag:09-98-18.msc 1 98-141 Rev 09/03/98 i 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 Fourteen Thousand, Three Hundred Sixty-Seven and 00/100 DOLLARS ($14,367). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD:Jag:09-98-18.mse 2 98-141 Rev 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DADAag:09-98-18.mse 3 98-141 Rev 09/03/98 (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.- (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES• 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD::1ag:09-98-18.msc 4 98-141 Rev 09/03/98 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. 9. 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 and 24 CM Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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. DAD::lag:09-98-18.msc 5 98-141 Rev 09/03/98 (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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. DAD::1ag:09-98-18.msc 6 98-141 Rev 09/03/98 15. 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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 'T' above. DAD:Jag:09-98-18.msc 7 98-141 Rev 09/03198 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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 SUBRECIF ENT: RONALD E. WINKLER, Director Cynthia Faulkner Development Department YWCA of Greater San Bernardino Economic Development Agency 567 North Sierra Way 201 North "E" Street, Suite 301 San Bernardino, California 92410 San Bernardino, California 92401 22. 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. DAD::1ag:09-98-18.msc 8 98-141 Rev 09/03198 23. 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. 24. 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. 25. 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. DAD::lag:09-98-18.msc 9 98-141 Rev 09/03198 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO Executivi Director JUDITH VALLES, Mayor City/of San Bernardino ' Board Presi ATTEST ` Secret CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By: � DAD::Iag:09-98-18.msc 10 98-141 Rev 09/03/98 EXHIBIT A SCOPE OF SERVICES 1. Funds will be used for salaries and professional services, transportation, utilities, insurance and supplies for an after school study and recreation program youth at-risk of pregnancy and drug use. 2. Total Funding is not to exceed $14,367. DAD::1ag:09-98-18.msc 11 98-141 Rev 09/03/98 EXHIBIT B PROGRAM BUDGET Public Services $14,367 77 Capital Improvements Other OTAL $14,367 DAD::lag:09-98-18.msc 12 98-141 Rev 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) Cynthia Faulkner , of the (Name and Title of Official) YWCA of Greater San Bernardino located at (Name of Agency/Organization) 567 North 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 YWCA of Greater San Bernardino and the (Name of Agency/Organization) City of San Bernardino:. a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the YWCA of Greater San Bernardino will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. Signa re of Official Date DAD::Iag:09-98-18.msc 13 98-141 Rev 09/03/98 CITY OF SAN BERNARDINO 00FIV ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Bovs and Girls Club of San Bernardino, a nonprofit community service organization, referred to as "Subrecipient". City and Subrecipient agree as follows: 1. RECITALS (a) Subrecipient has requested financial assistance from City for fiscal year 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Club Utilitv Assistance which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD::Iag:09-98-19.msc 1 98-142 Rev 09/03/98 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 Sixteen Thousand, Four Hundred Sixty-Seven and 00/100 DOLLARS ($16,467). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD::lag:09-98-19.msc 2 98-142 Rev 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DAD::lag:09-98-19.msc 3 98-142 Rev 09/03/98 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES: 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD::1ag:09-98-19.msc 4 98-142 Rev 09/03/98 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. 9. ANTI-KICK BACK PROtiZSIONS; 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 and 24 CFR,Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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. DAD::1ag:09-98-19.msc rJ 98-142 Rev 09/03/98 (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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. DAD:Aag:09-98-19.msc 6 98-142 Rev 09103/98 15. 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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. DAD::1ag:09-98-19.msc 7 98-142 Rev 09/03/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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 SUBRECIEP ENT: RONALD E. WEN4Y=, Director Executive Director Development Department Boys and Girls Club of San Bernardino Economic Development Agency 1180 West Ninth Street 201 North "E" Street, Suite 301 _San Bernardino. California 92411 San Bernardino, California 92401 22. 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. DAD::Iag:09-98-19.msc 8 98-142 Rev 09/03198 23. 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. 24. 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. 25. 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.//// DAD::Iag:09-98-19.msc 9 98-142 Rev 09/03/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO r 2 Exer i e ire or JUDITH VALLES, Mayor ' City of San Bernardino Board President ATTEST 4k&— Secretary RACHEL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By: C 7L ✓�ii�--` DAD::Iag:09-98-19.msc 10 98-142 Rev 09/03/98 EXHIBIT A SCOPE OF SERVICES 1. Funds will be used to pay the utilities for the operation of the facility located at 1180 West 9h Street. 2. Total Funding is not to exceed $16,467. DADAag:09-98-19.mse ] 1 98-142 Rev 09/03/98 EXHIBIT B PROGRAM BUDGET Public Services $16,467 Capital Improvements Other TOTAL $16,467 DAD::lag:09-98-19.msc 12 98-142 Rev 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Executive Director , of the (Name and Title of Official) Boys and Girls Club of San Bernardino located at (Name of Agency/Organization) 1180 West Ninth Street, San Bernardino CA 92411 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between Boys and Girls Club of San Bernardino and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the Boys and Girls Club of San Bernardino will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. �lo 7 Signat e f OfficW Date DAD::Iag:09-98-19.msc 13 98-142 Rev 09/03/98 03FIV CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation,referred to as "City", and Waterman Gardens Resident Advisory Group,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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the School of Opportunity which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD::lag:09-98-20.msc 1 98-147 Rev 09/03/98 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 Sixteen Thousand, Four Hundred Sixty-Seven and 00/100 DOLLARS ($16,467). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD::Iag:09-98-20.mse 2 98-147 Rev 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator"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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DAD::lag:09-98-20.msc 3 98-147 Rev 09/03/98 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder,upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES: CONFLICT OF INTEREST Subrecipient shall comply with procurement procedures and guidelines established by 24 CM 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD::1ag:09-98-20.msc 4 98-147 Rev 09/03/98 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. 9. 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 and 24 CFR,Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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. DAD::1ag:09-98-20.msc rJ 98-147 Rev 09/03/98 (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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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 CM Part 85.32. DAD::1ag:09-98-20.msc ( 98-147 Rev 09/03/98 15. TERMINATION FOR CAUSE (a) City reserves the right to terminate this Agreement in accordance with 24 CM 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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. DAD::Iag:09-98-20.msc 7 98-147 Rev 09/03/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: Jessie Munoz RONALD E. WINKLER, Director Melvena."tchelL President fL Development Department Waterman Gardens Resident Advisory Group, Inc. Economic Development Agency 382 Crestview Avenue 201 North "E" Street, Suite 301 San Bernardino, California 92410 San Bernardino, California 92401 22. 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. DAD::1ag:09-98-20.msc 8 98-147 Rev 09/03/98 23. 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. 24. 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. 25. NO TEO RD 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. DAD::Iag:09-98-20.msc 9 98-147 Rev 09/03/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO I ,ecutive Director JJ JUD ALLES, Mayor City of San Bernardino Board President ATTEST Secretary RACHEL CLARK, City Clerk City of San Bernardino '(36 el t, 'YYt dw;)cu, Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By: DAD::1ag:09-98-20.msc 10 98-147 Rev 09/03/98 EX 03IT A SCOPE OF SERVICES 1. Funds will be used to pay salaries and benefits of a site supervisor and teacher, professional services, utilities, insurance, and supplies to assist with the operation of a computer training center. 2. Total Funding is not to exceed $16,467. DAD::1ag:09-98-20.msc 11 98-147 Rev 09/03/98 EMMIT B PROGRAM BUDGET Public Services $16,467 Capital Im rovements Other TOTAL $16,467 DAD::lag:09-98-20.msc 12 98-147 Rev 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, 11 Uefsi ai-lte �,O-President /��; , of the (Name and Title of Official) Waterman Gardens Resident Advisory Group Inc. located at (Name of Agency/Organization) 382 Crestview Avenue 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 Waterman Gardens Resident Advisory Group, Inc. and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the Waterman Gardens Resident Advisory Group, Inc. will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. Si (Ztu`re of Official Date DAD::lag:09-98-20.msc 13 98-147 Rev 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Mekiewt--M teul, President _) "y �. , of the (Name and Title of Official) Waterman Gardens Resident Advisory Group, Inc. located at (Name of Agency/Organization) 382 Crestview Avenue 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 Waterman Gardens Resident Advisory Group, Inc. and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the Waterman Gardens Resident Advisory Group, Inc. will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. I S' ature of Official Da DAD::Iag:09-98-20.msc 13 98-147 Rev 09/03/98 CITY OF SAN BERNARDINO COPY ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Easter Seal Society of the Inland Counties, a nonprofit community service organization, referred to as "Subrecipient". City and Subrecipient agree as follows: 1. RECITALS (a) Subrecipient has requested financial assistance from City for fiscal year 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Head Iniury Services which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD::(ag:09-98-2 1.msc 1 98-148 Rev 09/03/98 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 Sixteen Thousand, Four Hundred Sixty-Seven and 00/100 DOLLARS ($16,467). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD::Iag:09-98-2 1.msc 2 98-148 Rev 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DAD::Iag:09-98-2 1.msc 3 98-148 Rev 09/03/98 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES; 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD::1ag:09-98-21.msc 4 98-148 Rev 09/03/98 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. 9. ANTI-KICK BACK PROVISIONS- EQUAL EMPLOYIIE PVT 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 and 24 CFR, Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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. DAD::lag:09-98-2 1.msc 5 98-148 Rev 09/03/98 (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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. DAD::1ag:09-98-21.msc 6 98-148 Rev 09/03/98 15. 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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. DAD::lag:09-98-2 1.msc 7 98-148 Rev 09/03/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. VilNY=R, Director Michael Blatnick, Program Director Development Department Easter Seal Society of the Inland Counties Economic Development Agency 241 East 9`l' Street 201 North "E" Street, Suite 301 San Bernardino, California 92410 San Bernardino, California 92401 22. 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. DAD::lag:09-98-2 1.msc 8 98-148 Rev 09/03/98 23. 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. 24. 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. 25. 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. DAD::lag:09-98-2 1.msc 9 98-148 Rev 09/03/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO Executive Director JUDITH VALLES, Mayor City-of San Bernardino Boar President ATTEST r _ n n ecretary IL u'�L�.z.z. RACHEL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By: G DAD::Iag:09-98-21.msc 10 98-148 Rev 09/03/98 EXHIBIT A _- s SCOPE OF SERVICES 1. Funds will be used to pad- salary and professional services to assist victims who have experienced brain injuries and their families. 2. Total Funding is not to exceed $16,467. DAD::lag:09-98-2 1.msc 1 1 98-148 Rev 09/03/98 EXHIBIT B PROGRAM BUDGET w NN Public Services $16,467 Capital Improvements Other TOTAL $16,467 DAD::Iag:09-98-2 Lnisc 12 98-148 Rev 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Michael Blatnick Program Director of the (Name and Title of Official) Easter Seal Society of the Inland Counties located at (Name of Agency/Organization) 241 East 9`I' Street 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 Easter Seal Society of the Inland Counties and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the Easter Seal Society of the Inland Counties will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. %LA44 — - lam Signature of-0--hicial Date DAD::lag:09-98-2 1.tnsc 13 98-148 Rev 09/03/98 COPY CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and SAC Health System, 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Staff Professionals which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DADAag:09-98-22.msc 1 98-149 Rev 09/03/98 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 Fourteen Thousand,Three Hundred Sixty-Seven and 00/100 DOLLARS ($14,367). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. I TERINI This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD::Iag:09-98-22.msc 2 98-149 Rev 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DAD::lag:09-98-22.msc 3 98-149 Rev 09/03198 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES: 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD::1ag:09-98-22.msc 4 98-149 Rev 09/03/98 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. 9 ANTI-KICK BACK PROVISIONS; EOU AL 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 and 24 CFR, Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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. DAD::1ag:09-98-22.msc rJ 98-149 Rev 09/03/98 (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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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 My 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. 14. 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 or 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. DAD::1ag:09-98-22.msc 6 98-149 Rev 09/03/98 15. 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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. DADAag:09-98-22.msc 7 98-149 Rev 09/03/98 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Richard Hart, M.D., President Development Department SAC Health System Economic Development Agency 1455 East Third Street 201 North "E" Street, Suite 301 San Bernardino, California 92409 San Bernardino, California 92401 22. 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. DAD:Jag:09-98-22.msc 8 98-149 Rev 09/03/98 23. 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. 24. 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. 25. 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. //// DAD::lag:09-98-22.msc 9 98-149 Rev 09/03/98 e IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO , n Executive Director JU ALLES, Mayor ty of n Bernardino - / ��. card President � ATTEST �2��LSecretary RAC EL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES F. MAN, Ci ��Attorney q By: ' DAD:Aag:09-98-22.msc 10 98-149 Rev 09/03/98 EXHIBIT A BMW SCOPE OF SERVICES 1. Funds will be used to pay salaries and benefits of nurse practitioners and physicians who staff a health clinic. 2. Total Funding is not to exceed $14,367. DAD::1ag:09-98-22.msc 11 98-149 Rev 09/03/98 EXHIBIT B PROGRAM BUDGET Public Services $14,367 Capital Improvements Other TOTAL $14,367 DAD::lag:09-98-22.mse 12 98-149 Rev 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, Richard Hart M.D. President of the (.Name and Title of Official) SAC Health System located at (Name of.agency/Organization) 1455 East Third Street San Bernardino CA 92409 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between SAC Health System and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the SAC Health System will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. Signature of Official Date DAD::lag:09-98-22.msc 13 98-149 Rev 09/03/98 CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the City of San Bernardino, a municipal corporation,referred to as "City", and Home of Neighborly Service, 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 1998/1999, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Family Literacx which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD::Ia.-:09-98-23.msc 1 98-154 Rev 09/03/98 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 Fourteen Thousand,Three Hundred Sixty-Seven and 00/100 DOLLARS ($14,367). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 tha 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD:Aag:09-98-23.msc 2 98-154 Rev 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. DAD::Iag:09-98-23.msc 3 98-154 Rev 09/03/98 (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) Subrecipienfs 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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES, 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code DAD::Iag:09-98-23.msc 4 98-154 Rev 09/03/98 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. 9. 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 CM 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 and 24 CFR,Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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. DAD::lag:09-98-23.msc 5 98-154 Rev 09/03/98 (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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. DAD::Iag:09-98-23.msc 6 98-154 Rev 09/03/98 15. 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. 16. TERMINATION FOR CONVENIENCE City or Subrecipient may terminate this Agreement upon thirty (30) days written notice. 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-cancelable obligations properly incurred by the Subrecipient prior to termination. 17. 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 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. DAD::Iag:09-98-23.msc 7 98-154 Rev 09/03/98 is not required after the period of time specified in "i" above. 18. 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 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: RONALD E. WINKLER, Director Sandra Flowers, Executive Director Development Department Home of Neighborly Service, Inc. Economic Development Agency 839 North Mt. Vernon Avenue 201 North "E" Street, Suite 301 San Bernardino, California 92411 San Bernardino, California 92401 22. 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 DAD::lag:09-98-23.msc 8 98-154 Rev 09/03/98 23. 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. 24. 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. 25. 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. DAD::lag:09-98-23.msc 9 98-154 Rev 09/03/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO Ax tive Director JUD� H VALLES, Mayor City f San Bernardino , Board residerfi ATTEST Secretary RACHEL CLARK, City Clerk City of San Bernardino Approved as to Form and Legal Content: JAMES F. N, City Attorney B l Y• DAD::1ag:09-98-23.msc 10 98-154 Rev 09/03/98 EXHIBIT A SCOPE OF SERVICES 1. Funds will be used to pay salaries, professional services and utilities to with the tutoring of adults in English as a second language and literacy. 2. Total Funding is not to exceed $14,367. EXHIBIT B DAD::Iag:09-98-23.msc 1 1 98-154 Rev 09/03/98 EXHIBIT B PROGRAM BUDGET Public Services $14,367 Capital Improvements Other TOTAL $14,367 DAD::Iag:09-98-23.n= 12 98-154 Rev 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) 1, Sandra Flowers Executive Director , of the (Name and Title of Official) Home of Neighborly Service Inc located at (Name of Agency/Organization) 839 North Mt. Vernon Avenue San Bernardino CA 92411 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between Home of Neighborly Service Inc and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the Home of Neighborly Service Inc will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. 4Signatu of Officiar,� Date DAD::lag:09-98-23.msc 13 98-154 Rev 09/03/98 CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY O MEMORANDUM OF UNDERSTANDING CDBG-Funded Capital Improvement/ Rehabilitation Projects THIS MEMORANDUM OF UNDERSTANDING, hereinafter"MOU", is entered into effective as of July 1, 1998, at San Bernardino, California, between the Development Department, a department of the Economic Development Agency and the Executive Director, the Community Development Block Grant Program Administrator, hereinafter "Administrator", and FACILITY MANAGEMENT DEPARTMENT, a department or division of the City of San Bernardino, referred to as "Recipient". ADMINISTRATOR AND RECIPIENT AGREE AS follows: 1. Recitals. a. "Recipient" has been awarded financial assistance from "Administrator" for Fiscal Year 1998/1999= from funds avaiiable through the U.S. Department of Housing and Urban Development's Community Development Block Grant, hereinafter CDBG, Program, . Although no formal written agreement between Departments or Division is required, it is deemed beneficial that the obligations of"Recipient" be spelled out clearly to avoid program management and audit problems. b. "Recipient" represents that the expenditures authorized by this MOU and attachment "A" thereto is for ADA CITY HALL PARKING, PHASE I,which is for valid community development purposes, in accordance with federal laws and regulations, and that all funds granted under this MOU will be used for no purpose(s) other than those purpose(s) specifically authorized. C. "Recipient" further agrees and assures that, prior to the expenditure of funds granted under this MOU, compliance with federal regulations, specifically 24 CFR, Part 58, entitled "Environmental Review Requirements", will be adhered to and evidence thereof shall be provided to "Administrator", when applicable. d. Costs incurred or monies expended prior to compliance with federal regulations 24, CFR, Part 58, will considered unallowable costs under this MOU. e. "Recipient" agrees to provide the "Administrator" with written reports of its activities on or before the tenth(10) day of October, January, April and July of any given program year for the previous three(3) month period, in addition to a final report when this MOU terminates. All reports shall include information on program/project activities, accomplishments, new program/project information and current program/project statistics on expenditures, case loads, and activities of the reporting period. DAD:bnw:ci mou 98-200 Page-1- Revised:09/15/98(98-200) f. "Recipient" will comply with requirements set forth in the Uniform Relocation Assistance and Real Property acquisition Policy Act (URA) of 1970, as amended, 49 CFR, in accordance with federal and local regulations when attempting to or acquiring any building or parcel of land. "Recipient" will be required to obtain written approval for the "Administrator" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. 2. Payments. "Administrator" shall pay to the "Recipient" the total sum of EIGHTY SIX THOUSAND DOLLARS AND NO/100 (S86,000), for the term of this MOU. Payments shall be in the form of reimbursements and shall be on a progressive basis, contingent upon certification and acceptance of the work completed by the FACILTY MANAGEMENT. 3. Term. This MOU shall commence July 1, 1998 and terminate on June 30, 1999. The Administrator is hereby authorized, with the concurrence of the other parties to this document, to extend the term for a period not to exceed ninety (90) days in order to complete the projects and other obligations required to be performed herein. 4. Use of Funds. The funds paid to "Recipient" shall be issued solely for the purpose(s) set forth in Paragraph "1(b)" of this MOU and in accordance with the budget submitted by "Recipient" with its application for this grant, and approved by the Administrator. Funds shall be used for purpose(s) authorized by the CDBG Program only, and no portion of the funds granted hereby shall be used for any purpose(s) not specifically authorized by this MOU. A variation in the itemization of costs, as set forth in the proposed budget submitted to "Administrator", not to exceed ten percent (10%) as to any particular line item, shall be allowed provided the prior written approval of the Administrator of the Economic Development Agency is obtained, it being understood that the total amount of the grant shall not be varied thereby. Furthermore, the "Recipient" shall immediately inform the Administrator, in writing, should there by any material change in the cost and time schedule for completion of an approved program/project. All funds are to be utilized within the time period covered by this MOU, and any funds not used shall revert to the "Administrator". Any excess funds that are result of cost savings may only be used for the approved scope of work and may not be applied toward new projects or other CDBG funded projects. No reserve for the future shall be established with the funds except as may be authorized by the "Administrator" to meet commitments made for services provided during the period of this MOU, but not yet paid for at the conclusion of this MOU. Under no circumstances will reimbursements be made for work initiated prior to execution of this memorandum. 5. Services Available to Residents; Monitoring and Reporting Program Performance The services of the "Recipient" shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied services because of race, color, national origin, creed, sex, marital status, or physical handicap. "Recipient" shall comply with DAD:bnw:ci mou 98-200 Page-2- Revised:09/15/98(99-200) Affirmative Action guidelines in its employments practices. "Recipient" shall also monitor the program's/project's activities and report on its performance to "Administrator" annually, or more often if requested by "Administrator", in accordance with CDBG regulations 24 CFR, Part 58. 6. Procurement Practices. "Recipient" shall comply with procurement procedures and guidelines established by CDBG regulations 24 CFR, Part 85. All procurement transactions, without regard to dollar value, shall be conducted in a manner so as to provide minimum open and free competition. The "Recipient" shall be alert to organizational conflicts of interest or non-competition or otherwise restrain trade. "Recipient" agrees to adhere to conflict of interest provisions set forth in 24 CFR, Section 570.611 and to the procurement rules specified in CDBG regulations set forth in 24 CFR, Part 85, in its expenditure of all funds received under this MOU. 7. Anti-Kick Back Provision; Equal Employment Opportunity. All contracts for the construction or repair using funds provided under this MOU shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 USC 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. "Recipient" shall report all suspected or reported violations to City. All contracts in excess of$10,000 entered into by "Recipient" using funds provided under this MOU shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order 11246, as amended and 24 CFR, Part 135, Section 135.38. 8. Prevailing Wage Requirement. Any construction contracts awarded by "Recipient" using funds provided under this MOU in excess of$2,000 shall include a provision for compliance with the Davies-Bacon Act (940 USC 276 (0)), 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 that the minimum wage specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. "Recipient" shall place a copy of the current minimum wage determination in public view. "Recipient" shall report all suspected or reported violations to the Economic Development Agency of the City of San Bernardino. 9. Approval of Agency of any Charges. "Administrator" reserves the right to require "Recipient" to obtain the prior approval of the Mayor and Common Council of any charges or fees to be charged by "Recipient" for services provided under this MOU, and of any rules and regulations governing the provision of services hereunder. DAD:bnw•:ci mou 98-200 Page-3- Revised:09/15/98(98-200) 10. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this MOU shall be retained for a period of three (3) years, and in the event or until and unless any of litigation, claims and audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this MOU shall be retained for three (3) years after the final deposition of such property. 11. Termination for Convenience. "Administrator" or Recipient" may terminate this MOU in whole or in part provided that either parties agree that the continuation of the program/project would not produce beneficial results commensurate with the 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 termination, the portion to be terminated. The "Recipient" shall not incur new obligations for the terminated portion after the effective date and shall cancel any outstanding obligations as soon as possible. "Administrator" shall allow "Recipient" full credit for the "Administrator" share of the non-cancelable obligations properly incurred by the "Recipient" prior to termination. DAD:bnw:ci mou 98-200 Page-4- Revised:09/15/98(98-200) IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first herein above written, as an internal, "inter-departmental" MOU. RECIPIENT Sept. 21, 1998 Na Date Facilities Manager Title ADMINISTRATOR R NALD E INKLER, Director Date Development Department DAD:bnw:ci mou 98-200 Page-5- Revised:09115/98(98-200) EXHIBIT A SCOPE OF SERVICES 1. Funds will be used to bring elevators serving public parking structure up to ADA standards. 2. The cost of the project shall not exceed $86,000. DAD:bnw:ci mou 98-200 Page-6- Revised:09/15/98(98-200) EXHIBIT B PROGRAM BUDGET Project Budget CITY CDBG Other Total Per Category Capital Improvements $86,000 TOTAL $86,000 CITY OF SAN BERNARDINO PID ECONOMIC DEVELOPMENT AGENCY O MEMORANDUM OF UNDERSTANDING CDBG-Funded Capital Improvement/ Rehabilitation Projects THIS MEMORANDUM OF UNDERSTANDING, hereinafter"MOU", is entered into effective as of July 1, 1998, at San Bernardino, California, between the Development Department, a department of the Economic Development Agency and the Executive Director, the Community Development Block Grant Program Administrator, hereinafter "Administrator", and ECONOMIC DEVELOPMENT AGENCY, a department or division of the City of San Bernardino, referred to as "Recipient". ADMINISTRATOR AND RECIPIENT AGREE AS follows: 1. Recitals. a. "Recipient" has been awarded financial assistance from "Administrator" for Fiscal Year 1998/1999=from funds available through the U.S. Department of Housing and Urban Development's Community Development Block Grant, hereinafter CDBG, Program, . Although no formal written agreement between Departments or Division is required, it is deemed beneficial that the obligations of"Recipient" be spelled out clearly to avoid program management and audit problems. b. "Recipient" represents that the expenditures authorized by this MOU and attachment "A" thereto is for SINGLE FAMILY REHABILITATION, which is for valid community development purposes, in accordance with federal laws and regulations, and that all funds granted under this MOU will be used for no purpose(s) other than those purpose(s) specifically authorized. C. "Recipient" further agrees and assures that, prior to the expenditure of funds granted under this MOU, compliance with federal regulations, specifically 24 CFR, Part 58, entitled "Environmental Review Requirements", will be adhered to and evidence thereof shall be provided to "Administrator", when applicable. d. Costs incurred or monies expended prior to compliance with federal regulations 24, CFR, Part 58, will considered unallowable costs under this MOU. e. "Recipient" agrees to provide the "Administrator" with written reports of its activities on or before the tenth(10) day of October, January, April and July of any given program year for the previous three(3) month period, in addition to a final report when this MOU terminates. All reports shall include information on program/project activities, accomplishments, new program/project information and current program/project statistics on expenditures, case loads, and activities of the reporting period. DAD:bnw:ci mou 98-201 Page-I- Revised:09/15/98(98-201) f. "Recipient" will comply with requirements set forth in the Uniform Relocation Assistance and Real Property acquisition Policy Act (URA) of 1970, as amended, 49 CFI; , in accordance with federal and local regulations when attempting to or acquiring any building or parcel of land. "Recipient" will be required to obtain written approval for the "Administrator" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. 2. Payments. "Administrator" shall pay to the "Recipient" the total sum of FOUR HUNDRED THOUSAND DOLLARS AND NO/100 ($400,000), for the term of this MOU. Payments shall be in the form of reimbursements and shall be on a progressive basis, contingent upon certification and acceptance of the work completed by the ECONOMIC DEVELOPMENT AGENCY. 3. Term. This MOU shall commence July 1, 1998 and terminate on June 30, 1999. The Administrator is hereby authorized, with the concurrence of the other parties to this document, to extend the term for a period not to exceed ninety(90) days in order to complete the projects and other obligations required to be performed herein. 4. Use of Funds. The funds paid to "Recipient" shall be issued solely for the purpose(s) set forth in Paragraph "I(b)" of this MOU and in accordance with the budget submitted by "Recipient" with its application for this grant, and approved by the Administrator. Funds shall be used for purpose(s) authorized by the CDBG Program only, and no portion of the funds granted hereby shall be used for any purpose(s) not specifically authorized by this MOU. A variation in the itemization of costs, as set forth in the proposed budget submitted to "Administrator", not to exceed ten percent (10%) as to any particular line item, shall be allowed provided the prior written approval of the Administrator of the Economic Development Agency is obtained, it being understood that the total amount of the grant shall not be varied thereby. Furthermore, the "Recipient" shall immediately inform the Administrator, in writing, should there by any material change in the cost and time schedule for completion of an approved program/project. All funds are to be utilized within the time period covered by this MOU, and any funds not used shall revert to the "Administrator". Any excess funds that are result of cost savings may only be used for the approved scope of work and may not be applied toward new projects or other CDBG funded projects. No reserve for the future shall be established with the funds except as may be authorized by the "Administrator" to meet commitments made for services provided during the period of this MOU, but not yet paid for at the conclusion of this MOU. Under no circumstances will reimbursements be made for work initiated prior to execution of this memorandum. S. Services Available to Residents: Monitoring and Reporting Program Performance The services of the "Recipient" shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied services because of race, color, national origin, creed, sex, marital status, or physical handicap. "Recipient" shall comply with DAD:bnw:ci mou 98-201 Page-2- Revised:09/15/98(99-201) Affirmative Action guidelines in its employments practices. "Recipient" shall also monitor the program's/project's activities and report on its performance to "Administrator" annually, or more often if requested by "Administrator", in accordance with CDBG regulations 24 CFR, Part 58. 6. Procurement Practices. "Recipient" shall comply with procurement procedures and guidelines established by CDBG regulations 24 CFR, Part 85. All procurement transactions, without regard to dollar value, shall be conducted in a manner so as to provide minimum open and free competition. The "Recipient" shall be alert to organizational conflicts of interest or non-competition or otherwise restrain trade. "Recipient" agrees to adhere to conflict of interest provisions set forth in 24 CFR, Section 570.611 and to the procurement rules specified in CDBG regulations set forth in 24 CFR, Part 85, in its expenditure of all funds received under this MOU. 7. Anti-Kick Back Provision; Equal Employment Opportunity. All contracts for the construction or repair using funds provided under this MOU shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 USC 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. "Recipient" shall report all suspected or reported violations to City. All contracts in excess of$10,000 entered into by "Recipient" using funds provided under this MOU shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order 11246, as amended and 24 CFR, Part 135, Section 135.38. 8. Prevailing Wage Requirement. Any construction contracts awarded by "Recipient" using funds provided under this MOU in excess of$2,000 shall include a provision for compliance with the Davies-Bacon Act (940 USC 276 (0)), 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 that the minimum wage specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. "Recipient" shall place a copy of the current minimum wage determination in public view. "Recipient" shall report all suspected or reported violations to the Economic Development Agency of the City of San Bernardino. 9. Approval of Agency of any Charges. "Administrator" reserves the right to require "Recipient" to obtain the prior approval of the Mayor and Common Council of any charges or fees to be charged by "Recipient" for services provided under this MOU, and of any rules and regulations governing the provision of services hereunder. DAD:bnw:ci mou 98-201 Page-3- Revised:09/15/98(98-201) 10. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this MOU shall be retained for a period of three (3)years, and in the event or until and unless any of litigation, claims and audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this MOU shall be retained for three (3)years after the final deposition of such property. 11. Termination for Convenience. "Administrator" or Recipient" may terminate this MOU in whole or in part provided that either parties agree that the continuation of the program/project would not produce beneficial results commensurate with the 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 termination, the portion to be terminated. The "Recipient" shall not incur new obligations for the terminated portion after the effective date and shall cancel any outstanding obligations as soon as possible. "Administrator" shall allow "Recipient" full credit for the "Administrator" share of the non-cancelable obligations properly incurred by the "Recipient" prior to termination. HH DAD:bnw:ci mou 98-201 Page-4- Revised:09/15/98(98-201) IN WITNESS WHEREOF, the parties hereto have e:cecuted this agreement on the day and year first herein above written, as an internal, "inter-departmental" MOU. RECIPIENT C/_ y8 Name Date Title ADMINISTRATOR RONALD EAVINKLER, Director Date Development Department DAD:bnw:ci mou 98-201 Page-5- Revised:09/15/98(98-201) EXHIBIT A SCOPE OF SERVICES 1. Funds will be used to provide loans and grants to owner-occupied units needing rehabilitation. The units will be located throughout the City and the funds targeted to low-and moderate-income persons. 2. The cost of the project shall not exceed $400,000. DAD:bnw:ci mou 98-201 Page-6- Revised:09/15/98(98-201) EXHIBIT B PROGRAM BUDGET Project Budget CITY CDBG Other Total Per Category Capital Improvements $400,000 TOTAL $400,000 DAD:bnw:ci mou 98-201 Page-7- Revised:09/15/98(98-201) CITY OF SAN BERNARDINO COPY ECONOMIC DEVELOPMENT AGENCY MEMORANDUM OF UNDERSTANDING CDBG-Funded Capital Improvement/ Rehabilitation Projects THIS MEMORANDUM OF UNDERSTANDING, hereinafter"MOU, is entered into effective as of July 1, 1998, at San Bernardino, California, between the Development Department, a department of the Economic Development Agency and the Executive Director, the Community Development Block Grant Program Administrator, hereinafter "Administrator", and OFFICE OF BUSINESS DEVELOPMENT, a department or division of the City of San Bernardino, referred to as "Recipient". ADMINISTRATOR AND RECIPIENT AGREE AS follows: 1. Recitals. a. "Recipient" has been awarded financial assistance from "Administrator" for Fiscal Year 1998/19993 from funds available through the U.S. Department of Housing and Urban Development's Community Development Block Grant, hereinafter CDBG, Program, . Although no formal written agreement between Departments or Division is required, it is deemed beneficial that the obligations of"Recipient" be spelled out clearly to avoid program management and audit problems. b. "Recipient" represents that the expenditures authorized by this MOU and attachment "A" thereto is for EMPLOYMENT LINKAGE PROGRAM, which is for valid community development purposes, in accordance with federal laws and regulations, and that all funds granted under this MOU will be used for no purpose(s) other than those purpose(s) specifically authorized. C. "Recipient" further agrees and assures that, prior to the expenditure of funds granted under this MOU, compliance with federal regulations, specifically 24 CFR, Part 58, entitled "Environmental Review Requirements", will be adhered to and evidence thereof shall be provided to "Administrator", when applicable. d. Costs incurred or monies expended prior to compliance with federal regulations 24, CFR, Part 58, will considered unallowable costs under this MOU. e. "Recipient" agrees to provide the "Administrator" with written reports of its activities on or before the tenth(10) day of October, January, April and July of any given program year for the previous three (3) month period, in addition to a final report when this MOU terminates. All reports shall include information on program/project activities, accomplishments, new program/project information and current program/project statistics on expenditures, case loads, and activities of the reporting period. DAD:bnw:ci mou 98-202 Page-1- Revised:09/15/98(98-202) f. "Recipient" will comply with requirements set forth in the Uniform Relocation Assistance and Real Property acquisition Policy Act (URA) of 1970, as amended, 49 CFR, in accordance with federal and local regulations when attempting to or acquiring any building or parcel of land. "Recipient" will be required to obtain written approval for the "Administrator" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. 2. Payments. "Administrator" shall pay to the "Recipient" the total sum of FIFTY THOUSAND DOLLARS AND NO/100 ($50,000), for the term of this MOU. Payments shall be in the form of reimbursements and shall be on a progressive basis, contingent upon certification and acceptance of the work completed by the OFFICE OF BUSINESS DEVELOPMENT. 3. Term. This MOU shall commence July 1, 1998 and terminate on June 30, 1999. The Administrator is hereby authorized, with the concurrence of the other parties to this document, to extend the term for a period not to exceed ninety (90) days in order to complete the projects and other obligations required to be performed herein. 4. Use of Funds. The funds paid to "Recipient" shall be issued solely for the purpose(s) set forth in Paragraph "I(b)" of this MOU and in accordance with the budget submitted by "Recipient" with its application for this grant, and approved by the Administrator. Funds shall be used for purpose(s) authorized by the CDBG Program only, and no portion of the funds granted hereby shall be used for any purpose(s) not specifically authorized by this MOU. A variation in the itemization of costs, as set forth in the proposed budget submitted to "Administrator", not to exceed ten percent (10%) as to any particular line item, shall be allowed provided the prior written approval of the Administrator of the Economic Development Agency is obtained, it being understood that the total amount of the grant shall not be varied thereby. Furthermore, the "Recipient" shall immediately inform the Administrator, in writing, should there by any material change in the cost and time schedule for completion of an approved program/project. All funds are to be utilized within the time period covered by this MOU, and any funds not used shall revert to the "Administrator". Any excess funds that are result of cost savings may only be used for the approved scope of work and may not be applied toward new projects or other CDBG funded projects. No reserve for the future shall be established with the funds except as may be authorized by the "Administrator" to meet commitments made for services provided during the period of this MOU, but not yet paid for at the conclusion of this MOU. Under no circumstances will reimbursements be made for work initiated prior to execution of this memorandum. 5. Services Available to Residents; Monitoring and Reporting Program Performance The services of the "Recipient" shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied services because of race, color, national origin, creed, sex, marital status, or physical handicap. "Recipient" shall comply with DAD:bnw:ci mou 98-202 Page-2- Revised:09/15/98(98-202) Affirmative Action guidelines in its employments practices. "Recipient" shall also monitor the program's/project's activities and report on its performance to "Administrator" annually, or more often if requested by "Administrator", in accordance with CDBG regulations 24 CFR, Part 58. 6. Procurement Practices. "Recipient" shall comply with procurement procedures and guidelines established by CDBG regulations 24 CFR, Part 85. All procurement transactions, without regard to dollar value, shall be conducted in a manner so as to provide minimum open and free competition. The "Recipient" shall be alert to organizational conflicts of interest or non-competition or otherwise restrain trade. "Recipient" agrees to adhere to conflict of interest provisions set forth in 24 CFR, Section 570.611 and to the procurement rules specified in CDBG regulations set forth in 24 CFR, Part 85, in its expenditure of all funds received under this MOU. 7. Anti-Kick Back Provision; Equal Employment Opportunity. All contracts for the construction or repair using funds provided under this MOU shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 USC 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. "Recipient" shall report all suspected or reported violations to City. All contracts in excess of$10,000 entered into by "Recipient" using funds provided under this MOU shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order 11246, as amended and 24 CFR, Part 135, Section 135.38. 8. Prevailing Wage Requirement. Any construction contracts awarded by "Recipient" using funds provided under this MOU in excess of$2,000 shall include a provision for compliance with the Davies-Bacon Act (940 USC 276 (0)), 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 that the minimum wage specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. "Recipient" shall place a copy of the current minimum wage determination in public view. "Recipient" shall report all suspected or reported violations to the Economic Development Agency of the City of San Bernardino. 9. Approval of Agency of any Charges. "Administrator" reserves the right to require "Recipient" to obtain the prior approval of the Mayor and Common Council of any charges or fees to be charged by "Recipient" for services provided under this MOU, and of any rules and regulations governing the provision of services hereunder. DAD:bnw:ci mou 98-202 Page-3- Revised:09/15/98(98-202) 10. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this MOU shall be retained for a period of three (3)years, and in the event or until and unless any of litigation, claims and audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this MOU shall be retained for three (3) years after the final deposition of such property. 11. Termination for Convenience. "Administrator" or Recipient" may terminate this MOU in whole or in part provided that either parties agree that the continuation of the program/project would not produce beneficial results commensurate with the 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 termination, the portion to be terminated. The "Recipient" shall not incur new obligations for the terminated portion after the effective date and shall cancel any outstanding obligations as soon as possible. "Administrator" shall allow "Recipient" full credit for the "Administrator" share of the non-cancelable obligations properly incurred by the "Recipient" prior to termination. DAD:bnw:ci mou 98-202 Page-4- Revised:09/15/98(98-202) IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first herein above written, as an internal, "inter-departmental" MOU. RECIPIENT Name Date Title ADMINISTRATOR RONALD E.( INKLER, Director Date Development Department DAD:bnw:ci mou 98-202 Page-5- Revised:09/15/98(98-202) EXHIBIT A SCOPE OF SERVICES 1. Funds will be used to rebate City of San Bernardino based business owners and employers $1,000 per person hired, trained and retained in a job position for at least one year. 2. The cost of the project shall not exceed $50,000. DAD:bnw:ci mou 98-202 Page-6- Revised:09/15/98(98-202) EXHIBIT B PROGRAM BUDGET Project Budget CITY CDBG Other Total Per Category Capital Improvements $50,000 TOTAL $50,000 DAD:bnw:ci mou 98-202 Page-7- Revised:09/13/98(98-202) council Meeting - 05/11/1998 No Resolution # CITY F SAN BERNAINO ECONOMIC DEVELO MEN TAGENCY COPY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT FOR CAPITAL IMPROVEMENT/REHABILITATION PROJECTS THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and SAC HEALTH SYSTEM. a nonprofit community organization, referred to as "Subrecipient". City and Subrecipient agree as follows: 1. RECITALS (a) Subrecipient has requested financial assistance from City for fiscal year 1998/1999 from funds available through the U.S. Department of Housing and Urban Development-Community Development Block Grant (CDBG)Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the SAC/FRAZEE CLINIC PURCHASE which is a valid and eligible community development purpose, as defined in 24 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 purpose 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 responsibilities of the City as described in 24 CFR, Part 570.604; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Director of the Development Department of the Economic Development Agency(EDA) of the City of San Bernardino, the administrative entity appointed by the City, referred to as "Director" prior to any DAD:bnw:CI AGMT 98-205A 1 Proj#:98-205 Rev. 9/14/98 f:i activity taking place within the confines of URA 49 CFR, Part 24, as amended. 2. PAYMENTS City shall reimburse Subrecipient for allowable costs, if applicable, incurred under the scope of this Agreement and applicable federal regulations, which have not been paid, on, Subrecipients behalf. Reimbursement will be made at least on a monthly basis, with the total of all such payments and/or reimbursements not to exceed ONE HUNDRED NINETY SEVEN THOUSAND AND NO/100 ($197,000) DOLLARS. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator of the EDA is hereby authorized, with the concurrence of the other parties to this Agreement, to extend for a period not to exceed ninety (90) days, in order to complete the project(s) and other obligations required to be performed herein. 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 EDA for review and approval, a copy of which is attached to this Agreement as Exhibit "B". The comprehensive budget, included in the application, 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 Director, or designee, 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 Director, 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) Subrecipient shall be allowed, with the prior written approval of the Director, to modify the budget during the first three(3) quarters of the term of this Agreement, so long as Subrecipient is in compliance with Section "2" of this Agreement at the DAD:bnw:CI AGMT 98-205A 2 Proj#:98-205 Rev. 9/14/98 time of submission of the budget modification request. A variation in the itemization of costs as set forth in the proposed budget submitted to EDA, not to exceed ten percent (10%) shall be allowed, provided that the prior written approval of the Director is obtained, it being understood that the total amount of the grant shall not be varied thereby. (e) 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 fund 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. (f) 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 Director of the Development Department of EDA 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 Director of the Development Department of EDA, 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. 1999. (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 Department of Housing and Urban Development 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. DAD:bnw:CI AGNIT 98-205A 3 Proj#:98-205 Rev. 9/14/98 (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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 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 Director of the Development Department, 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 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 PRACTICES: 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted, to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among contractors which may restrict or eliminate competition or otherwise restrain trade. Subrecipient agrees to adhere to conflict of interest provisions DAD:bnw:CI AGMT 98-205A 4 Proj 9:98-205 Rev. 9/14/98 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 and 24 CFR, Part 135, Section 135.38. 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. DAD:bnw:CI AGMT 98-205A 5 Proj k:98-205 Rev. 9/14'98 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 O, if applicable. 11. TEMPORARY WITHHOLDING The Director of the Development Department of the EDA is authorized to temporarily 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 Director. Subrecipient shall have the right to appeal the decision of the Director to the Mayor and Common Council. The sole grounds for such appeal shall be that no violation of the Agreement has occurred. Subrecipient shall file such appeal within fifteen (15) days after such first withholding. The Mayor and Common Council shall set a date for the hearing of such appeal which is within 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 or 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 DAD:bnw:C1 AG%1T 98-205A 6 Proj#:98-205 Rev. 9/14/98 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 of EDA any and all documentation needed by the Development Department of EDA 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 upon thirty(30) days written notice. 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-cancelable 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 'T' above. 17. CDBG REOUIREMENTS FOR PROPERTIES OWNED BY A RELIGIOUS ENTITY Subrecipient agrees to all conditions and requirements set forth in 24 CFR, Part 570.483, DAD:bnw:Cl AGMT 98-205A 7 Proj 9:98-205 Rev. 9/14/98 Section(6) (ii) (A) (B) (C) (D) (E) (F) (G) regarding the use of CDBG funds for the rehabilitation of a building(s) owned primarily by a religious entity. In particular, Subrecipient is apprized of and agrees to the following: A. The leased premises will be used exclusively for secular purposes available to persons regardless of religion; B. The portion of the cost of any improvements that also serve a non-leased part of the building will be allocated to and paid for by the Lessor; C. The Lessor will be required to enter into a binding agreement stating that unless the Lessee (Subrecipient), or a qualified successor Lessee, retains the use of the leased premises for a wholly secular purpose for at least the useful life of the improvements, the Lessor will pay to the Lessee (Subrecipient) an amount equal to the residual value of the improvements. D. The Lessee (Subrecipient) must remit the amount received from the Lessor as indicated above to the City from which the CDBG funds were received. 18. 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. The costs, salary and expenses of the City Attorney and members of his office in enforcing this agreement on behalf of the City shall be considered as "counsel fees" for the purposes of this paragraph. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. DAD:bnw:CI AGMT 98-205A.DCC 8 Proj 9:98-205 Rev. 9/14/98 21. 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: Ronald E. Winkler, Director Richard H. Hart, MD, President Development Department SAC Health System Economic Development Agency 1455 E. Third Street 201 North "E" Street, Suite 301 San Bernardino, California 92410 San Bernardino, California 92401 22. 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. 23. 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. 24. 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. 25. 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. DAD:bnw:CI AGMT 98-205A 9 Proj#:98-205 Rev. 9/14/98 WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first herein above written. CITY OF SAN BERNARDINO 6Lql- Ex utive Director/C JUDIT VALLES, Mayor resident of the Board J City ofSan Bernardino ATTEST Secretary 11/24/1998 - Per Gary Van Osdel RACIWL CLARK, City Clerk this blank secretary signature block was intended to be signed City of San Bernardino by secretary of outside agency; however, was not and can be left blank. Approved as to form and legal content: JAMES F. PENMAN, City Attorney DAD:bnw:CI AGMT 98-205A 10 Proj#:98-205 Rev. 9/14/98 EXHIBIT A 1. Funds will be used to: purchase a modular health clinic building; build a foundation; and, move the building onto the site which will be leased. The building will operate as a walk-in health facility for the low/moderate income neighborhood. 2. Funding is not to exceed $197,000. DAD:bnw:CI AGMT 98-205A 11 Proj#:98-205 Rev. 9/14/98 EXHIBIT B NEW Eby Now Public Services $ Capital Improvements $197,000 Other $ 197,000 TOTAL MESA _ Planning Concepts Design & Engineering Advertisement for Bids Bid Open Award of Contract Bean Construction 50% Construction Com lete Construction Project Completion DAD:bnw:CI AGNIT 98-205A 12 Proj#:98-205 Rev. 9/14/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, RICHARD H HART MD. PRESIDENT , of the (Name and Title of Official) SAC HEALTH SYSTEM located at ('.Name of Agency.'Organization) 1455 E. THIRD STREET SAN BERNARDINO CALIFORNIA 92410 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between SAC HEALTH SYSTEM 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 SAC HEALTH SYSTEM will (Name of AgeneyiOrganization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. i2k-9/ �� I l 2 Signature of Official Dat DAD:bnw:Cl AGNIT 98-205A 13 Proj#:98-205 Rev. 9/14/98 CITY OF SAN BERNARDINO 00FT ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT FOR CAPITAL IMPROVEMENT/REHABILITATION PROJECTS THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and TEDDY BEAR TYMES CHILD CARE CENTER, INC., a nonprofit community service organization, referred to as "Subrecipient". Cite and Subrecipient agree as follows: 1. RECITALS (a) Subrecipient has requested financial assistance from City for fiscal year 1998/1999 from funds available through the U.S. Department of Housing and Urban Development-Community Development Block Grant (CDBG)Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the DAY CARE CENTER REHABILITATION which is a valid and eligible community development purpose, as defined in 24 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 purpose 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 responsibilities of the City as described in 24 CFR, Part 570.604; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Director of the Development Department of the Economic Development Agency (EDA) of the City of San Bernardino, the administrative entity appointed by the City, referred to as "Director" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. Proj#:98-206 D.AD:bnw:CI AGMT 98-206 I Rev. 9/14198 2. PAYMENTS City shall reimburse Subrecipient for allowable costs, if applicable, incurred under the scope of this Agreement and applicable federal regulations, which have not been paid, on, Subrecipients behalf. Reimbursement will be made at least on a monthly basis, with the total of all such payments and/or reimbursements not to exceed THIRTY NINE THOUSAND AND NO/100 ($39,000) DOLLARS. 3. TERM, This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator of the EDA is hereby authorized, with the concurrence of the other parties to this Agreement, to extend for a period not to exceed ninety (90) days, in order to complete the project(s) and other obligations required to be performed herein. 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 EDA for review and approval, a copy of which is_ attached to this Agreement as Exhibit "B". The comprehensive budget, included in the application, 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 Director, or designee, 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 Director, 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) Subrecipient shall be allowed, with the prior written approval of the Director, to modify the budget during the first three(3) quarters of the term of this Agreement, 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 EDA, not to DAD:bmv:Cr AGMT 98-206 2 Proj 4:98-206 Rev. 9/14/98 exceed ten percent (10%) shall be allowed, provided that the prior written approval of the Director is obtained, it being understood that the total amount of the grant shall not be varied thereby. (e) 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 fund 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. (f) 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 Director of the Development Department of EDA 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 Director of the Development Department of EDA, 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, 1999. (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 Department of Housing and Urban Development 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 DAD:bnw:CI AGMT 98-206 3 Proj 4:98-206 Rev. 9/14/98 assets of the program, and Subrecipient shall assure that they are used solely for authorized purposes. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 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 Director of the Development Department, 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 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 PRACTICES; CONFLICT OF INTEREST Subrecipient shall comply with procurement procedures and guidelines established by 24 CM 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted, to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among contractors which may restrict or eliminate competition or otherwise restrain trade. Subrecipient agrees to adhere to conflict of interest provisions set forth in 24 CFR Section 570.611 and to the procurement rules specified in 24 CFR, Part 85.36, in its expenditure of all funds received under this Agreement. 8. ANTI KICK BACK PROVISIONS; EOUAL EMPLOYMENT OPPORTUNITY DAD:bnw:CI AGMT 98-206 4 Proj#:98-206 Rev. 9/14/98 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 and 24 CFR, Part 135, Section 135.38. 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(), if applicable. DAD:bnw:CI AGMT 98-206 S Proj#:98-206 Rev. 9/14/98 11. TEMPORARY WITHHOLDING The Director of the Development Department of the EDA is authorized to temporarily 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 Director. Subrecipient shall have the right to appeal the decision of the Director to the Mayor and Common Council. The sole grounds for such appeal shall be that no violation of the Agreement has occurred. Subrecipient shall file such appeal within fifteen (15) days after such first withholding. The Mayor and Common Council shall set a date for the hearing of such appeal which is within 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 or 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 DAD:bnw:CI AGMT 98-206 6 Proj 9:98-206 Rev. 9/14/98 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 of EDA any and all documentation needed by the Development Department of EDA 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 upon thirty(30) days written notice. 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-cancelable 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 'T' above. 17. CDBG REQUIREMENTS FOR PROPERTIES OWNED BY A RELIGIOUS ENTITY Subrecipient agrees to all conditions and requirements set forth in 24 CFR, Part 570.483, Section (6) (ii) (A) (B) (C) (D) (E) (F) (G) regarding the use of CDBG funds for the rehabilitation of a building(s) owned primarily by a religious entity. In particular, Subrecipient is apprized of and agrees to the following: A. The leased premises will be used exclusively for secular purposes available to persons regardless of religion; DAD:bmv:CI AGMT 98-206 7 Proj#:98-206 Rev. 9/14/98 B. The portion of the cost of any improvements that also serve a non-leased part of the building will be allocated to and paid for by the Lessor; C. The Lessor will be required to enter into a binding agreement stating that unless the Lessee (Subrecipient), or a qualified successor Lessee, retains the use of the leased premises for a wholly secular purpose for at least the useful life of the improvements, the Lessor will pay to the Lessee (Subrecipient) an amount equal to the residual value of the improvements. D. The Lessee (Subrecipient) must remit the amount received from the Lessor as indicated above to the City from which the CDBG funds were received. 18. 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. NOTICES All notices herein required shall be in writing and delivered in person or sent certified mail, postage prepaid, addressed as follows: DAD:bnw:CI AGMT 98-206 8 Proj#:98-206 Rev. 9/14/98 AS TO CITY: AS TO SUBRECIPIENT: Ronald E. Winkler, Director Linda Drew, Exec. Director Development Department Teddy Bear Tymes Child Care Center, Inc. Economic Development Agency 780 E. Gilbert 201 North "E" Street, Suite 301 San Bernardino, California 92410 San Bernardino, California 92401 22. 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. 23. 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. 24. 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. 25. 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. DAD:bmc:CI AGMT 98-206 9 Proj#:98-206 Rev. 9/14/98 WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first herein above written. CITY OF SAN BERNARDINO Executive Director/CEO JtiDITH `'ALLES, Mayor President of the Board City�of San Bernardino ATTEST Secreta zazAzf Ual t- 1RACHEL CLARK, City Clerk City of San Bernardino Approved as to form and legal content: JANIES F ENMAN, City Attorney By: ('� DAD:bnw:C1 AGMT 98-206 10 Proj#:98-206 Rev. 9/14/98 EXHIBIT A 1. Funds will be used in conjuction with County of San Bernardino CDBG monies, to rehabilitate and meet ADA requirements, four classrooms used as a part of the day care center. The work will include; moving walls, HVAC, electrical and plumbing work, installation of ramps, widening doorways and adapting bathrooms. 2. Funding is not to exceed $39,000. DAD:bnw:CI AGMT 98-206 11 Proj#:98-206 Rev. 9/14/98 EXHIBIT B Public Services $ Capital Improvements $39,000 Other $ 39,000 TOTAL MAW -= - - - Planning Concepts Design & Engineering Advertisement for Bids Bid Open Award of Contract Begin Construction 50% Construction Complete Construction Project Completion DAD:bnw:CI AGMT 98-206 12 Proj#:98-206 Rev. 9/14/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, LINDA DREW EXECUTIVE DIRECTOR of the (Name and Title of Official) TEDDY BEAR TYMES CHILD CARE CENTER INC. located at (Name of Agency Organization) 780 E. GILBERT SAN BERNARDINO CALIFORNIA 92410 do hereby (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 TYWS CHILD CARE CENTER INC. will (Name of AgencyiOrganization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. S;,.,&a Zeus q-3o -Cie Signature of Official Date DAD:bnw:CI AGbrr 98-206 13 Proj#:98-206 Rev. 9/14/98 CITY OF SAN BERNARDINO COPY ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT FOR CAPITAL IMPROVEMENT/REHABILITATION PROJECTS THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and FAMILY SERVICE AGENCY OF SAN BERNARDINO 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 1998/1999 from funds available through the U.S. Department of Housing and Urban Development-Community Development Block Grant (CDBG)Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the SECURITY FENCING which is a valid and eligible community development purpose, as defined in 24 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 purpose 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 responsibilities of the City as described in 24 CFR, Part 570.604; (ii) the Subrecipient does not assume the Grantee's responsibilities 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 Director of the Development Department of the Economic Development Agency(EDA) of the City of San Bernardino, the administrative entity appointed by the City, referred to as "Director" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD:Imw:CI AGMT 98-212 1 Proj#:98-212 Rev. 9/14/98 f 2. PAYMENTS City shall reimburse Subrecipient for allowable costs,if applicable, incurred under the scope of this Agreement and applicable federal regulations, which have not been paid, on, Subrecipients behalf. Reimbursement will be made at least on a monthly basis, with the total of all such payments and/or reimbursements not to exceed TEN THOUSAND FIVE HUNDRED AND NO/100 ($10,500) DOLLARS. 3. TERM This Agreement shall commence July 1. 1998, and terminate June 30, 1999. The A,encv Administrator of the EDA is hereby authorized, with the concurrence of the other parties J to this Agreement, to extend for a period not to exceed ninety (90) days, in order to complete the project(s) and other obligations required to be performed herein. 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 EDA for review and approval, a copy of which is attached to this Agreement as Exhibit "B". The comprehensive budget, included in the application, 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 Director, or designee, 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 Director, 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) Subrecipient shall be allowed, with the prior written approval of the Director, to modify the budget during the first three(3) quarters of the term of this Agreement, 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 EDA, not to exceed ten percent (10%) shall be allowed, provided that the prior written DAD:bnw:Cl AGMT 98-212 2 Proj#:98-212 Rev. 9/14/98 approval of the Director is obtained, it being understood that the total amount of the grant shall not be varied thereby. (e) 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 fund 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. (fl 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 Director of the Development Department of EDA 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 Director of the Development Department of EDA, 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, 1999. (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 Department of Housing and Urban Development authorized to audit Community Development Block Grant programs. (c) Standards for financial management systems and financial reporting requirements established by 24 CFI?,, 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 DAD:bnw:CI AGMT 98-212 3 Proj#:98-212 Rev. 9/14/98 authorized purposes. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 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 Director of the Development Department, 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 "l l" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the 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 PRACTICES; 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted, to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among contractors which may restrict or eliminate competition or otherwise restrain trade. Subrecipient agrees to adhere to conflict of interest provisions set forth in 24 CFR Section 570.611 and to the procurement rules specified in 24 CFR, Part 85.36, in its expenditure of all funds received under this Agreement. DAD:bnw:CI AGMT 98-212 4 Proj#:98-212 Rev. 9/14198 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 and 24 CH, Part 135, Section 135.38. 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(), if applicable. DAD:bnw:Cl AGMT 98-212 S Proj 9:98-212 Rev. 9/14198 11. TEMPORARY WITHHOLDING The Director of the Development Department of the EDA is authorized to temporarily 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 Director. Subrecipient shall have the right to appeal the decision of the Director to the Mayor and Common Council. The sole grounds for such appeal shall be that no violation of the Agreement has occurred. Subrecipient shall file such appeal within fifteen (15) days after such first withholding. The Mayor and Common Council shall set a date for the hearing of such appeal which is within 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 N ANAGENIENT 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 or 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 DAD:bnw:CI AGMT 98-212 6 Proj#:98-212 Rev. 9/14/98 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 of EDA any and all documentation needed by the Development Department of EDA 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 upon thirty(30) days written notice. 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-cancelable 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. CDBG REQUIREMENTS FOR PROPERTIES OWNED BY A RELIGIOUS ENTITY Subrecipient agrees to all conditions and requirements set forth in 24 CFR, Part 570.483, Section(6) (ii) (A) (B) (C) (D) (E) (F) (G) regarding the use of CDBG funds for the rehabilitation of a building(s) owned primarily by a religious entity. In particular, Subrecipient is apprized of and agrees to the following: DAD:bnw:Cl AGI T 98-212 7 Proj 4:98-212 Rev. 9/14/98 A. The leased premises will be used exclusively for secular purposes available to persons regardless of religion; B. The portion of the cost of any improvements that also serve a non-leased part of the building will be allocated to and paid for by the Lessor; C. The Lessor will be required to enter into a binding agreement stating that unless the Lessee(Subrecipient), or a qualified successor Lessee, retains the use of the leased premises for a wholly secular purpose for at least the useful life of the improvements, the Lessor will pay to the Lessee (Subrecipient) an amount equal to the residual value of the improvements. D. The Lessee (Subrecipient) must remit the amount received from the Lessor as indicated above to the City from which the CDBG funds were received. 18. 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. NOTICES All notices herein required shall be in writing and delivered in person or sent certified mail, postage prepaid, addressed as follows: DAD:bnw:Cl AGMT 98-212 8 Proj 9:98-212 Rev. 9114/98 AS TO CITY: AS TO SUBRECIPIENT: Ronald E. Winkler, Director Jeffrey P. Johnson, President/CEO Development Department Family Service Agency of Economic Development Agency San Bernardino 201 North "E" Street, Suite 301 1669 N. "E" Street San Bernardino, California 92401 San Bernardino, California 92405 22. 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. 23. 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. 24. 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. 25. 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. DAD:bnw:CI AGMT 98-212 9 Proj#:98-212 Rev. 9114/98 WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first herein above written. CITY OF SAN BERNARDINO cutive 'rec /CEO G�1,Ulz�- JUDITH VALLES, Mayor President of the Boar Cit 'of San Bernardino � ATTEST Secretary Radul— U&�L RACHEL CLARK, City Clerk City of San Berrnnjaprdino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: G2,•� �� - DAD:bnw:C1 AGMT 98-212 10 Proj 9:98-212 Rev. 9/14/98 EXHIBIT A 1. Funds will be used to provide security fencing for the facility that provides families with a range of suicide intervention/prevention services. 2. Funding is not to exceed $10,500. DAD:bnw:CI AGMT 98-212 11 Proj#:98-212 Rev. 9/14/98 EXHIBIT B Public Services $ Capital Im rovements $10,500 Other $ 10,500 TOTAL Walm Planning Concepts Design& Engineering Advertisement for Bids Bid Open Award of Contract Begin Construction 50% Construction Complete Construction Project Completion DAD:bnw:CI AGV. T 98-212 12 Proj#:98-212 Rev. 9/14/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, JEFFREY P. JOHNSON PRESIDENT/CEO , of the (Name and Title of Official) FATMILY SERVICE AGENCY OF SAN BERNARDINO located at (Name of Agency./Organization) 1669 N. "'E" STREETS SAN BERNARDINO CALIFORNIA 92405 do hereby (address of Agencyorganization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between FAMILY SERVICE AGENCY OF SAN BERNARDINO 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 FAMILY SERVICE AGENCY OF SAN BERNARDINO will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. g at re o ffici 1 Date D.aD:bnw:CI AGMT 98-212 13 Proj#:98-212 Rev. 9/14/98 CITY OF SAN BERNARDINO 00[ply ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT FOR CAPITAL IMPROVEMENT/REHABILITATION PROJECTS THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and OPTION HOUSE, INC., 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 1998/1999 from funds available through the U.S. Department of Housing and Urban Development-Community Development Block Grant (CDBG)Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the OPTION HOUSE, INC. which is a valid and eligible community development purpose, as defined in 24 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 purpose 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 responsibilities of the City as described in 24 CFR, Part 570.604; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Director of the Development Department of the Economic Development Agency(EDA) of the City of San Bernardino, the administrative entity appointed by the City, referred to as "Director" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD:bnw:CI AGMT 98-216 1 Proj#:98-216 Rev. 9/14/98 2. PAYMENTS City shall reimburse Subrecipient for allowable costs, if applicable, incurred under the scope of this Agreement and applicable federal regulations, which have not been paid, on, Subrecipients behalf. Reimbursement will be made at least on a monthly basis, with the total of all such payments and/or reimbursements not to exceed FIFTEEN THOUSAND AND NO/100 ($15,000) DOLLARS. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator of the EDA is hereby authorized, with the concurrence of the other parties to this Agreement, to extend for a period not to exceed ninety (90) days, in order to complete the project(s) and other obligations required to be performed herein. 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 EDA for review and approval, a copy of which is attached to this Agreement as Exhibit "B". The comprehensive budget, included in the application, 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 Director, or designee, 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 Director, 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) Subrecipient shall be allowed, with the prior written approval of the Director, to modify the budget during the first three(3) quarters of the term of this Agreement, 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 EDA, not to DAD:bnw:CI AGMT 98-216 2 Proj#:98-216 Rev. 9/14/98 exceed ten percent (10%) shall be allowed, provided that the prior written approval of the Director is obtained, it being understood that the total amount of the grant shall not be varied thereby. (e) 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 fund 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. (f) 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 Director of the Development Department of EDA 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 Director of the Development Department of EDA, 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. 1999. (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 Department of Housing and Urban Development 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 DAD:bnw:CI AGMT 98-216 3 Proj 4:98-216 Rev. 9/14/98 assets of the program, and Subrecipient shall assure that they are used solely for authorized purposes. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 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 Director of the Development Department, in accordance with 24 CH, 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 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 PRACTICES: 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted, to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among contractors which may restrict or eliminate competition or otherwise restrain trade. Subrecipient agrees to adhere to conflict of interest provisions set forth in 24 CFR Section 570.611 and to the procurement rules specified in 24 CFR, Part 85.36, in its expenditure of all funds received under this Agreement. DAD:bnw:CI AGMT 98-216 4 Proj#:98-216 Rev. 9/14/98 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 and 24 CFR, Part 135, Section 135.38. 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 0, if applicable. DAD:bnw:CI AGMT 98-216 S Proj 9:98-216 Rev. 9/14/98 11. TEMPORARY WITHHOLDING The Director of the Development Department of the EDA is authorized to temporarily 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 Director. Subrecipient shall have the right to appeal the decision of the Director to the Mayor and Common Council. The sole grounds for such appeal shall be that no violation of the Agreement has occurred. Subrecipient shall file such appeal within fifteen (15) days after such first withholding. The Mayor and Common Council shall set a date for the hearing of such appeal which is within 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. 11 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 or 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 DAD:bnw:CI AGMT 98-216 6 Proj#:98-216 Rev. 9/14/98 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 anv termination whether for cause or for convenience, Subrecipient shall forthwith provide to the Development Department of EDA any and all documentation needed by the Development Department of EDA 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 upon thirty(30) days written notice. 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-cancelable 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. CDBG REQUIREMENTS FOR PROPERTIES OWNED BY A RELIGIOUS ENTITY Subrecipient agrees to all conditions and requirements set forth in 24 CFR, Part 570.483, Section(6) (ii) (A) (B) (C) (D) (E) (F) (G) regarding the use of CDBG funds for the rehabilitation of a building(s) owned primarily by a religious entity. In particular, Subrecipient is apprized of and agrees to the following: DAD:bnw:CI AGIMT 98-216 7 Proj#:98-216 Rev. 9/14/98 A. The leased premises will be used exclusively for secular purposes available to persons regardless of religion; B. The portion of the cost of any improvements that also serve a non-leased part of the building will be allocated to and paid for by the Lessor; C. The Lessor will be required to enter into a binding agreement stating that unless the Lessee(Subrecipient), or a qualified successor Lessee, retains the use of the leased premises for a wholly secular purpose for at least the useful life of the improvements, the Lessor will pay to the Lessee (Subrecipient) an amount equal to the residual value of the improvements. D. The Lessee (Subrecipient) must remit the amount received from the Lessor as indicated above to the City from which the CDBG funds were received. 18. 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. NOTICES All notices herein required shall be in writing and delivered in person or sent certified mail, postage prepaid, addressed as follows: DAD:bnw:CI AGMT 98-216 8 Proj#:98-216 Rev. 9/14/98 AS TO CITY: AS TO SUBRECEPIENT: Ronald E. Winkler, Director Veleata Scott, Executive Director Development Department Option House, Inc. Economic Development Agency P. O. Box 970 201 North "E" Street, Suite 301 San Bernardino, California 92402 San Bernardino, California 92401 22. 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. 23. 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. 24. 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. 25. 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. DAD:bnw:CI AGMT 98-216 9 Proj#:98-216 Rev. 9/14/98 WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first herein above written. CITY OF SAN BERNARDINO Executive Directgr/CE JUDITH VALLES, Mayor Pre ent of the Board City�/of San Bernardino y ATTEST cretary RACHEL CLARK, City Clerk City of San Bernardino Approved as to form and legal content: JAMES F,, N N, Citx Attorney By: V DAD:bnw:CI AGMT 98-216 10 Proj#:98-216 Rev. 9/14/98 EXHIBIT A 1. Funds will be used to renovate a battered women's shelter communal bathroom. 2. Funding is not to exceed $15,000. DAD:bnw:CI AGMT 98-216 11 Proj Pr:98-216 Rev. 9/14/98 EXHIBIT B Public Services $ Capital Im rovements $15,000 Other $ 15,000 TOTAL Planning Concepts Design& Engineering Advertisement for Bids Bid Open Award of Contract Begin Construction 50% Construction Com fete Construction Project Completion DAD:bnw:CI AGIN1T 98-216 12 Proj 9:98-216 Rev. 9/14/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, VELEATA SCOTT EXECUTIVE DIRECTOR , of the ('.dame and Title of Official) OPTION HOUSE INC. located at (Name of Agency;Organization) P. O. BOX 970 SAN BERNARDINO CALIFORNIA 92402 do hereby (.-Wdress 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 OPTION HOUSE, INC. will (:Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. ,n Signature o Office , - ate DAD:bnw:CI AGMT 98-216 13 Proj#:98-216 Rev. 9/14/98 CITY OF SAN BERNARDINO 00FT ECONOMIC DEVELOPMENT AGENCY MEMORANDUM OF UNDERSTANDING CDBG-Funded Capital Improvement/ Rehabilitation Projects THIS MEMORANDUM OF UNDERSTANDING, hereinafter"MOU", is entered into effective as of July 1, 1998, at San Bernardino, California, between the Development Department, a department of the Economic Development Agency and the Executive Director, the Community Development Block Grant Program Administrator, hereinafter "Administrator", and CITY MOBILEHOME BOARD, a department or division of the City of San Bernardino, referred to as "Recipient". ADMINISTRATOR AND RECIPIENT AGREE AS follows: 1. Recitals. a. "Recipient" has been awarded financial assistance from "Administrator" for Fiscal Year 1998/19993 from funds available through the U.S. Department of Housing and Urban Development's Community Development Block Grant, hereinafter CDBG, Program, . Although no formal written agreement between Departments or Division is required, it is deemed beneficial that the obligations of"Recipient" be spelled out clearly to avoid program management and audit problems. b. "Recipient" represents that the expenditures authorized by this MOU and attachment "A" thereto is for MOBILEHOME INSPECTION PROGRAM, which is for valid community development purposes, in accordance with federal laws and regulations, and that all funds granted under this MOU will be used for no purpose(s) other than those purpose(s) specifically authorized. C. "Recipient" further agrees and assures that, prior to the expenditure of funds granted under this MOU, compliance with federal regulations, specifically 24 CFR, Part 58, entitled "Environmental Review Requirements", will be adhered to and evidence thereof shall be provided to "Administrator", when applicable. d. Costs incurred or monies expended prior to compliance with federal regulations 24, CFR, Part 58, will considered unallowable costs under this MOU. e. "Recipient" agrees to provide the "Administrator" with written reports of its activities on or before the tenth(10) day of October, January, April and July of any given program year for the previous three (3) month period, in addition to a final report when this MOU terminates. All reports shall include information on program/project activities, accomplishments, new program/project information and current program/project statistics on expenditures, case loads, and activities of the reporting period. DAD:bnw:ci mou 98-217 Page-1- j; ,; -217) f. "Recipient" will comply with requirements set forth in the Uniform Relocation Assistance and Real Property acquisition Policy Act (URA) of 1970, as amended, 49 CFR, in accordance with federal and local regulations when attempting to or acquiring any building or parcel of land. "Recipient" will be required to obtain written approval for the "Administrator" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. 2. Payments. "Administrator" shall pay to the "Recipient" the total sum of TWENTY-FIVE THOUSAND DOLLARS AND NO/100 ($25.000), for the term of this MOU. Payments shall be in the form of reimbursements and shall be on a progressive basis, contingent upon certification and acceptance of the work completed by the ECONOMIC DEVELOPMENT AGENCY. 3. Term. This MOU shall commence July 1. 1998 and terminate on June 30, 1999. The Administrator is hereby authorized, with the concurrence of the other parties to this document, to extend the term for a period not to exceed ninety (90) days in order to complete the projects and other obligations required to be performed herein. 4. Use of Funds. The funds paid to 'Recipient" shall be issued solely for the purpose(s) set forth in Paragraph "I(b)" of this MOU and in accordance with the budget submitted by 'Recipient" with its application for this grant, and approved by the Administrator. Funds shall be used for purpose(s) authorized by the CDBG Program only, and no portion of the funds granted hereby shall be used for any purpose(s) not specifically authorized by this MOU. A variation in the itemization of costs, as set forth in the proposed budget submitted to "Administrator", not to exceed ten percent (10%) as to any particular line item, shall be allowed provided the prior written approval of the Administrator of the Economic Development Agency is obtained, it being understood that the total amount of the grant shall not be varied thereby. Furthermore, the "Recipient" shall immediately inform the Administrator, in writing, should there by any material change in the cost and time schedule for completion of an approved program/project. All funds are to be utilized within the time period covered by this MOU, and any funds not used shall revert to the "Administrator". Any excess funds that are result of cost savings may only be used for the approved scope of work and may not be applied toward new projects or other CDBG funded projects. No reserve for the future shall be established with the funds except as may be authorized by the "Administrator" to meet commitments made for services provided during the period of this MOU, but not yet paid for at the conclusion of this MOU. Under no circumstances will reimbursements be made for work initiated prior to execution of this memorandum. 5. Services Available to Residents: Monitoring and Reporting Program Performance The services of the 'Recipient" shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied services because of race, color, national origin, creed, sex, marital status, or physical handicap. 'Recipient" shall comply with DAD:bnw:ci mou 98-217 Page-2- Revised:09/15/98(98-217) Affirmative Action guidelines in its employments practices. "Recipient" shall also monitor the program's/project's activities and report on its performance to "Administrator" annually, or more often if requested by "Administrator", in accordance with CDBG regulations 24 CFR, Part 58. 6. Procurement Practices. "Recipient" shall comply with procurement procedures and guidelines established by CDBG regulations 24 CFR, Part 85. All procurement transactions, without regard to dollar value, shall be conducted in a manner so as to provide minimum open and free competition. The "Recipient" shall be alert to organizational conflicts of interest or non-competition or otherwise restrain trade. "Recipient" agrees to adhere to conflict of interest provisions set forth in 24 CFR, Section 570.611 and to the procurement rules specified in CDBG regulations set forth in 24 CFR, Part 85, in its expenditure of all funds received under this MOU. 7. Anti-Kick Back Provision; Equal Employment Opportunity All contracts for the construction or repair using funds provided under this MOU shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 USC 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. "Recipient" shall report all suspected or reported violations to City. All contracts in excess of$10,000 entered into by "Recipient" using funds provided under this MOU shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order 11246, as amended and 24 CFR, Part 135, Section 135.38. 8. Prevailing Wage Requirement. Any construction contracts awarded by "Recipient" using funds provided under this MOU in excess of$2,000 shall include a provision for compliance with the Davies-Bacon Act (940 USC 276 (0)), 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 that the minimum wage specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. "Recipient" shall place a copy of the current minimum wage determination in public view. "Recipient" shall report all suspected or reported violations to the Economic Development Agency of the City of San Bernardino. 9. Approval of Agency of any Charges. "Administrator" reserves the right to require "Recipient" to obtain the prior approval of the Mayor and Common Council of any charges or fees to be charged by "Recipient" for services provided under this MOU, and of any rules and regulations governing the provision of services hereunder. DAD:bnw:ci mou 98-217 Page-3- Revised:09/15/98(98-217) 10. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this MOU shall be retained for a period of three (3) years, and in the event or until and unless any of litigation, claims and audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this MOU shall be retained for three (3) years after the final deposition of such property. 11. Termination for Convenience. "Administrator" or Recipient" may terminate this MOU in whole or in part provided that either parties agree that the continuation of the program/project would not produce beneficial results commensurate with the 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 termination, the portion to be terminated. The "Recipient" shall not incur new obligations for the terminated portion after the effective date and shall cancel any outstanding obligations as soon as possible. "Administrator" shall allow "Recipient" full credit for the "Administrator" share of the non-cancelable obligations properly incurred by the "Recipient" prior to termination. DAD:bnw:6 mou 98-217 Page-4- Revised:09/15/98(98-217) IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first herein above written, as an internal, "inter-departmental" MOU. RECIPIENT Name Date Title ADMINISTRATOR �� �;. z� y� RONALD . WINKLER, Director Date Development Department DAD:bmv:ci mou 98-217 Page-5- Revised:09/15/98(98-217) EYMIT A SCOPE OF SERVICES 1. Funds will be used to assist low-income owner occupants to meet State of California, Health & Safety Codes (Title 25) requirements regarding inspections and repairs. Funds will be made available as grants, to $1,000, for exterior repairs. The program is expected to assist predominately very low- income persons. 2. The cost of the project shall not exceed $25,000. DAD:bnw:ci mou 98-217 Page-6- Revised:09/15/98(99-217) EXHIBIT B PROGRAM BUDGET Project Budget CITY CDBG Other Total Per Category Capital Improvements $25,000 TOTAL $25,000 DAD:bnw:ci mou 98-217 Page-7- Revised:09/15/98(98-217) CITY OF SAN BERNARDINO COPY ECONOMIC DEVELOPMENT AGENCY MEMORANDUM OF UNDERSTANDING CDBG-Funded Capital Improvement/ Rehabilitation Projects THIS MEMORANDUM OF UNDERSTANDING, hereinafter"MOU, is entered into effective as of Julv 1, 1998, at San Bernardino, California, between the Development Department, a department of the Economic Development Agency and the Executive Director, the Community Development Block Grant Program Administrator, hereinafter "Administrator", and MOBILEHOME BOARD, a department or division of the City of San Bernardino, referred to as "Recipient". ADMINISTRATOR AND RECIPIENT AGREE AS follows: 1. Recitals. a. "Recipient" has been awarded financial assistance from "Administrator" for Fiscal Year 1998/1999=from funds available through the U.S. Department of Housing and Urban Development's Community Development Block Grant, hereinafter CDBG, Program, . Although no formal written agreement between Departments or Division is required, it is deemed beneficial that the obligations of"Recipient" be spelled out clearly to avoid program management and audit problems. b. "Recipient" represents that the expenditures authorized by this MOU and attachment "A" thereto is for MOBILEHOME HANDIWORKER PROGRAM, which is for valid community development purposes, in accordance with federal laws and regulations, and that all funds granted under this MOU will be used for no purpose(s) other than those purpose(s) specifically authorized. C. "Recipient" further agrees and assures that, prior to the expenditure of funds granted under this MOU, compliance with federal regulations, specifically 24 CFR, Part 58, entitled "Environmental Review Requirements", will be adhered to and evidence thereof shall be provided to "Administrator", when applicable. d. Costs incurred or monies expended prior to compliance with federal regulations 24, CFR, Part 58, will considered unallowable costs under this MOU. e. "Recipient" agrees to provide the "Administrator" with written reports of its activities on or before the tenth (10) day of October, January, April and July of any given program year for the previous three (3) month period, in addition to a final report when this MOU terminates. All reports shall include information on program/project activities, accomplishments, new program/project information and current program/project statistics on expenditures, case loads, and activities of the reporting period. DAD:bnw:ci mou 98-218 Page-1- ���� Revised:09/15/98(98-218) f. "Recipient" will comply with requirements set forth in the Uniform Relocation Assistance and Real Property acquisition Policy Act (URA) of 1970, as amended, 49 CFR, in accordance with federal and local regulations when attempting to or acquiring any building or parcel of land. "Recipient" will be required to obtain written approval for the "Administrator" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. 2. Payments. "Administrator" shall pay to the "Recipient" the total sum of TWENTY-FIVE THOUSAND DOLLARS AND NO/100 ($25,000), for the term of this MOU. Payments shall be in the form of reimbursements and shall be on a progressive basis, contingent upon certification and acceptance of the work completed by the MOBILEHOME HANDIWORKER PROGRAM. 3. Term. This MOU shall commence July 1, 1998 and terminate on June 30, 1999. The Administrator is hereby authorized, with the concurrence of the other parties to this document, to extend the term for a period not to exceed ninety(90) days in order to complete the projects and other obligations required to be performed herein. 4. Use of Funds. The funds paid to "Recipient" shall be issued solely for the purpose(s) set forth in Paragraph "I(b)" of this MOU and in accordance with the budget submitted by "Recipient" with its application for this grant, and approved by the Administrator. Funds shall be used for purpose(s) authorized by the CDBG Program only, and no portion of the funds granted hereby shall be used for any purpose(s) not specifically authorized by this MOU. A variation in the itemization of costs, as set forth in the proposed budget submitted to "Administrator", not to exceed ten percent (10%) as to any particular line item, shall be allowed provided the prior written approval of the Administrator of the Economic Development Agency is obtained, it being understood that the total amount of the grant shall not be varied thereby. Furthermore, the "Recipient" shall immediately inform the Administrator, in writing, should there by any material change in the cost and time schedule for completion of an approved program/project. All funds are to be utilized within the time period covered by this MOU, and any funds not used shall revert to the "Administrator". Any excess funds that are result of cost savings may only be used for the approved scope of work and may not be applied toward new projects or other CDBG funded projects. No reserve for the future shall be established with the funds except as may be authorized by the "Administrator" to meet commitments made for services provided during the period of this MOU, but not yet paid for at the conclusion of this MOU. Under no circumstances will reimbursements be made for work initiated prior to execution of this memorandum. 5. Services Available to Residents; Monitoring and Reporting Program Performance The services of the "Recipient" shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied services because of race, color, national origin, creed, sex, marital status, or physical handicap. "Recipient" shall comply with DAD:bnw:ci mou 98-218 Page-2- Revised:09/15/98(98-218) Affirmative Action guidelines in its employments practices. "Recipient" shall also monitor the program's/project's activities and report on its performance to "Administrator" annually, or more often if requested by "Administrator", in accordance with CDBG regulations 24 CFR, Part 58. 6. Procurement Practices. "Recipient" shall comply with procurement procedures and guidelines established by CDBG regulations 24 CFR, Part 85. All procurement transactions, without regard to dollar value, shall be conducted in a manner so as to provide minimum open and free competition. The "Recipient" shall be alert to organizational conflicts of interest or non-competition or otherwise restrain trade. "Recipient" agrees to adhere to conflict of interest provisions set forth in 24 CFR, Section 570.611 and to the procurement rules specified in CDBG regulations set forth in 24 CFR, Part 85, in its expenditure of all funds received under this MOU. 7. Anti-Kick Back Provision; Equal Employment Opportunity. All contracts for the construction or repair using funds provided under this MOU shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 USC 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. "Recipient" shall report all suspected or reported violations to City. All contracts in excess of$10,000 entered into by "Recipient" using funds provided under this MOU shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order 11246, as amended and 24 CFR, Part 135, Section 135.38. 8. Prevailing Wage Requirement. Any construction contracts awarded by "Recipient" using funds provided under this MOU in excess of$2,000 shall include a provision for compliance with the Davies-Bacon Act (940 USC 276 (a7)), 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 that the minimum wage specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. "Recipient" shall place a copy of the current minimum wage determination in public view. "Recipient" shall report all suspected or reported violations to the Economic Development Agency of the City of San Bernardino. 9. Approval of Agency of any Charges. "Administrator" reserves the right to require "Recipient" to obtain the prior approval of the Mayor and Common Council of any charges or fees to be charged by "Recipient" for services provided under this MOU, and of any rules and regulations governing the provision of services hereunder. DAD:bnw:ci mou 98-218 Page-3- Revised:09/15/98(99-218) 10. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this MOU shall be retained for a period of three (3) years, and in the event or until and unless any of litigation, claims and audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this MOU shall be retained for three (3)years after the final deposition of such property. 11. Termination for Convenience. "Administrator" or Recipient" may terminate this MOU in whole or in part provided that either parties agree that the continuation of the program/project would not produce beneficial results commensurate with the 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 termination, the portion to be terminated. The "Recipient" shall not incur new obligations for the terminated portion after the effective date and shall cancel any outstanding obligations as soon as possible. "Administrator" shall allow "Recipient" full credit for the "Administrator" share of the non-cancelable obligations properly incurred by the "Recipient" prior to termination. DAD:bnw:ci mou 98-218 Page 4- Revised:09/15/98(98-218) IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first herein above written, as an internal, "inter-departmental" MOU. RECIPIENT Narde Date Title ADMINISTRATOR RONA E. WINKLER, Director Date Development Department DAD:bnw:ci mou 98-218 Page-5- Revised:09/15/98(98-218) EXHIBIT A �. SCOPE OF SERVICES 1. Funds will be used to assist owner-occupied seniors and very low-income persons with grants, up to $500, for interior maintenance of their coaches. 2. The cost of the project shall not exceed $25,000. DAD:bnw:ci mou 98-218 Page-6- Revised:09/15/98(98-218) EXHIBIT B PROGRAM BUDGET Project Budget CITY CDBG Other Total Per Category Capital Improvements $25,000 TOTAL $25,000 DAD:bnw:ci mou 98-218 Page-7- Revised:09/15/98(98-218) COPYCITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY MEMORANDUM OF UNDERSTANDING CDBGFunded Capital Improvement/ Rehabilitation Projects THIS MEMORANDUM OF UNDERSTANDING, hereinafter"MOU", is entered into effective as of Julv 1, 1998, at San Bernardino, California, between the Development Department, a department of the Economic Development Agency and the Executive Director, the Community Development Block Grant Program Administrator, hereinafter "Administrator", and CITY OF SAN BERNARDINO FIRE DEPARTMENT, a department or division of the City of San Bernardino, referred to as "Recipient". ADMINISTRATOR AND RECIPIENT AGREE AS follows: 1. Recitals. a. "Recipient" has been awarded financial assistance from "Administrator" for Fiscal Year 1998/1999,from funds available through the U.S. Department of Housing and Urban Development's Community Development Block Grant, hereinafter CDBG, Program, . Although no formal written agreement between Departments or Division is required, it is deemed beneficial that the obligations of"Recipient" be spelled out clearly to avoid program management and audit problems. b. "Recipient" represents that the expenditures authorized by this MOU and attachment "A" thereto is for FIRE ENGINE LEASES, PHASE II, which is for valid community development purposes, in accordance with federal laws and regulations, and that all funds granted under this MOU will be used for no purpose(s) other than those purpose(s) specifically authorized. C. "Recipient" further agrees and assures that, prior to the expenditure of funds granted under this MOU, compliance with federal regulations, specifically 24 CFR, Part 58, entitled "Environmental Review Requirements", will be adhered to and evidence thereof shall be provided to "Administrator", when applicable. d. Costs incurred or monies expended prior to compliance with federal regulations 24, CFR, Part 58, will considered unallowable costs under this MOU. e. "Recipient" agrees to provide the "Administrator" with written reports of its activities on or before the tenth (10) day of October, January, April and July of any given program year for the previous three (3) month period, in addition to a final report when this MOU terminates. All reports shall include information on program/project activities, accomplishments, new program/project information and current program/project statistics on expenditures, case loads, and activities of the reporting period. DAD;bnw: ps 98-219 ;.,� Page -1- Revised: 0//28/98 (98-219) f. "Recipient" will comply with requirements set forth in the Uniform Relocation Assistance and Real Property acquisition Policy Act (URA) of 1970, as amended, 49 CH, in accordance with federal and local regulations when attempting to or acquiring any building or parcel of land. "Recipient" will be required to obtain written approval for the "Administrator" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. 2. Payments. "Administrator" shall pay to the "Recipient" the total sum of TWO HUNDRED EIGHTEEN THOUSAND EIGHT-HUNDRED EIGHTY-NINE DOLLARS AND NO/100 ($218,889), for the term of this MOU. Payments shall be in the form of reimbursements and shall be on a progressive basis, contingent upon certification and acceptance of the work completed by the CITY OF SAN BERNARDINO FIRE DEPARTMENT. 3. Term. This MOU shall commence July 1, 1998 and terminate on June 30, 1999. The Administrator is hereby authorized, with the concurrence of the other parties to this document, to extend the term for a period not to exceed ninety (90) days in order to complete the projects and other obligations required to be performed herein. 4. Use of Funds. The funds paid to "Recipient" shall be issued solely for the purpose(s) set forth in Paragraph "1(b)" of this MOU and in accordance with the budget submitted by "Recipient" with its application for this grant, and approved by the Administrator. Funds shall be used for purpose(s) authorized by the CDBG Program only, and no portion of the funds granted hereby shall be used for any purpose(s) not specifically authorized by this MOU. A variation in the itemization of costs, as set forth in the proposed budget submitted to "Administrator", not to exceed ten percent (10%) as to any particular line item, shall be allowed provided the prior written approval of the Administrator of the Economic Development Agency is obtained, it being understood that the total amount of the grant shall not be varied thereby. Furthermore, the "Recipient" shall immediately inform the Administrator, in writing, should there by any material change in the cost and time schedule for completion of an approved program/project. All funds are to be utilized within the time period covered by this MOU, and any funds not used shall revert to the "Administrator". Any excess funds that are result of cost savings may only be used for the approved scope of work and may not be applied toward new projects or other CDBG funded projects. No reserve for the future shall be established with the funds except as may be authorized by the "Administrator" to meet commitments made for services provided during the period of this MOU, but not yet paid for at the conclusion of this MOU. Under no circumstances will reimbursements be made for work initiated prior to execution of this memorandum. 5. Services Available to Residents; Monitoring and Reporting Program Performance The services of the "Recipient" shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied services because of race, color, national origin, creed, sex, marital status, or physical handicap. "Recipient" shall comply with DAD;bnw: ps 98-219 Page -2- Revised: 07/28/98 (98-219) Affirmative Action guidelines in its employments practices. "Recipient" shall also monitor the program's/project's activities and report on its performance to "Administrator" annually, or more often if requested by "Administrator", in accordance with CDBG regulations 24 CFR, Part 58. 6. Procurement Practices. "Recipient" shall comply with procurement procedures and guidelines established by CDBG regulations 24 CFR, Part 85. All procurement transactions, without regard to dollar value, shall be conducted in a manner so as to provide minimum open and free competition. The "Recipient" shall be alert to organizational conflicts of interest or non-competition or otherwise restrain trade. "Recipient" agrees to adhere to conflict of interest provisions set forth in 24 CFR, Section 570.611 and to the procurement rules specified in CDBG regulations set forth in 24 CFR, Part 85, in its expenditure of all funds received under this MOU. 7. Anti-Kick Back Provision; Equal Employment Opportunity. All contracts for the construction or repair using funds provided under this MOU shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 USC 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. "Recipient" shall report all suspected or reported violations to City. All contracts in excess of$10,000 entered into by "Recipient" using funds provided under this MOU shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order 11246, as amended and 24 CFR, Part 135, Section 135.38. 8. Prevailing Wage Requirement. Any construction contracts awarded by "Recipient" using funds provided under this MOU in excess of$2,000 shall include a provision for compliance with the Davies-Bacon Act (940 USC 276 (0)), 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 that the minimum wage specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. "Recipient" shall place a copy of the current minimum wage determination in public view. "Recipient" shall report all suspected or reported violations to the Economic Development Agency of the City of San Bernardino. 9. Approval of Agency of any Charles. "Administrator" reserves the right to require "Recipient" to obtain the prior approval of the Mayor and Common Council of any charges or fees to be charged by "Recipient" for services provided under this MOU, and of any rules and regulations governing the provision of services hereunder. DAD;bnw: ps 98-219 Page -3- Revised: 07/28/98 (98-219) 10. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this MOU shall be retained for a period of three (3)years, and in the event or until and unless any of litigation, claims and audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this MOU shall be retained for three (3) years after the final deposition of such property. 11. Termination for Convenience. "Administrator" or Recipient" may terminate this MOU in whole or in part provided that either parties agree that the continuation of the program/project would not produce beneficial results commensurate with the 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 termination, the portion to be terminated. The "Recipient" shall not incur new obligations for the terminated portion after the effective date and shall cancel any outstanding obligations as soon as possible. "Administrator" shall allow "Recipient" full credit for the "Administrator" share of the non-cancelable obligations properly incurred by the "Recipient" prior to termination. //// //// IN DAD;bnw: ps 98-219 Page —4— Revised: 07/28/98 (98-219) IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first herein above written, as an internal, "inter-departmental" MOU. RECIPIENT Name Date Title ADMINISTRATOR r Z y� RONALD E. INKLER, Director Date Development Department DAD;bnw: ps 98-219 Page -5- Revised: 07/28/98 (98-219) EXHIBIT A LL SCOPE OF SERVICES 1. Funds will be used to pay the annual lease cost for fire to six new engines and/or command vehicles to be used in low and moderate income areas. The project will require an annual payment of$218,889 for ten years. 2. The cost of the project shall not exceed $218,889. DAD;bnw: ps 98-219 Page -6- Revised: 07/28/98 (98-219) EXHIBIT B PROGRAM BUDGET Project Budget CITY CDBG Other Total Per Category Capital Improvements $218,889 TOTAL $218,889 DAD;bnw: ps 98-219 Page -7- Revised: 07/28/98 (98-219) CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY MEMORANDUM OF UNDERSTANDING CDBG-Funded Capital Improvement/ Rehabilitation Projects THIS MEMORANDUM OF UNDERSTANDING, hereinafter"MOU", is entered into effective as of July 1, 1998, at San Bernardino, California, between the Development Department, a department of the Economic Development Agency and the Executive Director, the Community Development Block Grant Program Administrator, hereinafter "Administrator", and DEPARTMENT OF PUBLIC SERVICES, a department or division of the City of San Bernardino, referred to as "Recipient". ADMINISTRATOR AND RECIPIENT AGREE AS follows: 1. Recitals. a. "Recipient" has been awarded financial assistance from "Administrator" for Fiscal Year 1998/1999= from funds available through the U.S. Department of Housing and Urban Development's Community Development Block Grant, hereinafter CDBG, Program, . Although no formal written agreement between Departments or Division is required, it is deemed beneficial that the obligations of"Recipient" be spelled out clearly to avoid program management and audit problems. b. "Recipient" represents that the expenditures authorized by this MOU and attachment "A" thereto is for SIDEWALK REPLACE/CURB CUT, which is for valid community development purposes, in accordance with federal laws and regulations, and that all funds granted under this MOU will be used for no purpose(s) other than those purpose(s) specifically authorized. C. "Recipient" further agrees and assures that, prior to the expenditure of funds granted under this MOU, compliance with federal regulations, specifically 24 CFR, Part 58, entitled "Environmental Review Requirements", will be adhered to and evidence thereof shall be provided to "Administrator", when applicable. d. Costs incurred or monies expended prior to compliance with federal regulations 24, CFR, Part 58, will considered unallowable costs under this MOU. e. "Recipient" agrees to provide the "Administrator" with written reports of its activities on or before the tenth(10) day of October, January, April and July of any given program year for the previous three(3) month period, in addition to a final report when this MOU terminates. All reports shall include information on program/project activities, accomplishments, new program/project information and current program/project statistics on expenditures, case loads, and activities of the reporting period. DAD:bnw:ci mou 98-221 Page 4- /, G Revised:09/15/98(98-221) /��j f. "Recipient" will comply with requirements set forth in the Uniform Relocation Assistance and Real Property acquisition Policy Act (URA) of 1970, as amended, 49 CFR, in accordance with federal and local regulations when attempting to or acquiring any building or parcel of land. "Recipient" will be required to obtain written approval for the "Administrator" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. 2. Payments. "Administrator" shall pay to the "Recipient" the total sum of ONE HUNDRED THOUSAND DOLLARS AND NO/100 ($100,000), for the term of this MOU. Payments shall be in the form of reimbursements and shall be on a progressive basis, contingent upon certification and acceptance of the work completed by the DEPARTMENT OF PUBLIC SERVICES. I Term. This MOU shall commence July 1, 1998 and terminate on June 30, 1999. The Administrator is hereby authorized, with the concurrence of the other parties to this document, to extend the term for a period not to exceed ninety(90) days in order to complete the projects and other obligations required to be performed herein. 4. Use of Funds. The funds paid to "Recipient" shall be issued solely for the purpose(s) set forth in Paragraph "1(b)" of this MOU and in accordance with the budget submitted by "Recipient" with its application for this grant, and approved by the Administrator. Funds shall be used for purpose(s) authorized by the CDBG Program only, and no portion of the funds granted hereby shall be used for any purpose(s) not specifically authorized by this MOU. A variation in the itemization of costs, as set forth in the proposed budget submitted to "Administrator", not to exceed ten percent (10%) as to any particular line item, shall be allowed provided the prior written approval of the Administrator of the Economic Development Agency is obtained, it being understood that the total amount of the grant shall not be varied thereby. Furthermore, the "Recipient" shall immediately inform the Administrator, in writing, should there by any material change in the cost and time schedule for completion of an approved program/project. All funds are to be utilized within the time period covered by this MOU, and any funds not used shall revert to the "Administrator". Any excess funds that are result of cost savings may only be used for the approved scope of work and may not be applied toward new projects or other CDBG funded projects. No reserve for the future shall be established with the funds except as may be authorized by the "Administrator" to meet commitments made for services provided during the period of this MOU, but not yet paid for at the conclusion of this MOU. Under no circumstances will reimbursements be made for work initiated prior to execution of this memorandum. 5. Services Available to Residents: Monitoring and Reporting Program Performance The services of the "Recipient" shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied services because of race, color, national origin, creed, sex, marital status, or physical handicap. "Recipient" shall comply with DAD:bnw:ci mou 98-221 Page-2- Revised:09/15/98(98-221) Affirmative Action guidelines in its employments practices. "Recipient" shall also monitor the program's/project's activities and report on its performance to "Administrator" annually, or more often if requested by "Administrator", in accordance with CDBG regulations 24 CFR, Part 58. 6. Procurement Practices. "Recipient" shall comply with procurement procedures and guidelines established by CDBG regulations 24 CFR, Part 85. All procurement transactions, without regard to dollar value, shall be conducted in a manner so as to provide minimum open and free competition. The "Recipient" shall be alert to organizational conflicts of interest or non-competition or otherwise restrain trade. "Recipient" agrees to adhere to conflict of interest provisions set forth in 24 CFR, Section 570.611 and to the procurement rules specified in CDBG regulations set forth in 24 CFR, Part 85, in its expenditure of all funds received under this MOU. 7. Anti-Kick Back Provision; Equal Employment Opportunity. All contracts for the construction or repair using funds provided under this MOU shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 USC 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. "Recipient" shall report all suspected or reported violations to City. All contracts in excess of$10,000 entered into by "Recipient" using funds provided under this MOU shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order 11246, as amended and 24 CFR, Part 135, Section 135.38. 8. Prevailing Wage Requirement. Any construction contracts awarded by "Recipient" using funds provided under this MOU in excess of$2,000 shall include a provision for compliance with the Davies-Bacon Act (940 USC 276 (0)), 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 that the minimum wage specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. "Recipient" shall place a copy of the current minimum wage determination in public view. "Recipient" shall report all suspected or reported violations to the Economic Development Agency of the City of San Bernardino. 9. Approval of Agency of any Charges. "Administrator" reserves the right to require "Recipient" to obtain the prior approval of the Mayor and Common Council of any charges or fees to be charged by "Recipient" for services provided under this MOU, and of any rules and regulations governing the provision of services hereunder. DAD:bnw:ci mou 98-221 Page-3- Revised:09/15/98(98-221) 10. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this MOU shall be retained for a period of three (3)years, and in the event or until and unless any of litigation, claims and audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this MOU shall be retained for three (3) years after the final deposition of such property. 11. Termination for Convenience. "Administrator" or Recipient" may terminate this MOU in whole or in part provided that either parties agree that the continuation of the program/project would not produce beneficial results commensurate with the 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 termination, the portion to be terminated. The 'Recipient" shall not incur new obligations for the terminated portion after the effective date and shall cancel any outstanding obligations as soon as possible. "Administrator" shall allow 'Recipient" full credit for the "Administrator" share of the non-cancelable obligations properly incurred by the 'Recipient" prior to termination. //// //// DAD:bnw:ci mou 98-221 Page-4- Revised:09/15/98(98-221) IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first herein above written, as an internal, "inter-departmental" MOU. RECIPIENT - 22 -5 Name/ Date L/C S"ec"/C£S Title ADMINISTRATOR A. R NALD WINKLER, Director Date Development Department DAD:bnw:ci mou 98-221 Page-5- Revised:09/15/98(98-221) EXHIBIT A SCOPE OF SERVICES 1. Funds will be used: to construct access ramps at street intersections, and public facility entrances; and, for sidewalk replacement. 2. The cost of the project shall not exceed $100,000. DAD:bnw:ci mou 98-221 page-6- Revised:09/15/98(98-221) EXHIBIT B PROGRAM BUDGET Project Budget CITY CDBG Other Total Per Category Capital Im rovements $100,000 TOTAL $100,000 DAD:bnw:ci mou 98-221 Page-7- Revised:09/15/98(98-221) CITY OF SAN BERNARDINO COPY ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT FOR CAPITAL IMPROVEMENT/REHABILITATION PROJECTS THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and THE SALVATION ARMY, 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 1998/1999 from funds available through the U.S. Department of Housing and Urban Development-Community Development Block Grant (CDBG) Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the SECURITY FENCING which is a valid and eligible community development purpose, as defined in 24 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 purpose 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 responsibilities of the City as described in 24 CFR, Part 570.604; (ii) the Subrecipient does not assume the Grantee's responsibilities 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 Director of the Development Department of the Economic Development Agency (EDA) of the City of San Bernardino, the administrative entity appointed by the City, referred to as "Director" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD:bnw:Ci AGhrl 98-222 1 Rev. 9/14/98 / 2. PAYMENTS City shall reimburse Subrecipient for allowable costs, if applicable, incurred under the scope of this Agreement and applicable federal regulations, which have not been paid, on, Subrecipients behalf. Reimbursement will be made at least on a monthly basis, with the total of all such payments and/or reimbursements not to exceed TWENTY THOUSAND AND NO/100 ($20,000) DOLLARS. 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator of the EDA is hereby authorized, with the concurrence of the other parties to this Agreement, to extend for a period not to exceed ninety (90) days, in order to complete the project(s) and other obligations required to be performed herein. 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 EDA for review and approval, a copy of which is attached to this Agreement as Exhibit "B". The comprehensive budget, included in the application, 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 Director, or designee, 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 Director, 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) Subrecipient shall be allowed, with the prior written approval of the Director, to modify the budget during the first three (3) quarters of the term of this Agreement, 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 EDA, not to exceed ten percent (10%) shall be allowed, provided that the prior written approval of the Director is obtained, it being understood that the total amount of DAD:bn v:CI AGIMT 98-222 2 Proj#:98-222 Rev. 9/14/98 the grant shall not be varied thereby. (e) 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 fund 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. (f) 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 Director of the Development Department of EDA 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 Director of the Development Department of EDA., 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, 1999. (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 Department of Housing and Urban Development 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. DAD:bnw:CI AGIIT 98-222 3 Proj#:98-222 Rev. 9/14/98 (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 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 Director of the Development Department, 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 I" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the 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 PRACTICES; CONFLICT OF INTEREST Subrecipient shall comply with procurement procedures and guidelines established by 24 CFF, Part 85.36 (d)(1), Subrecipient "Procurement Standards". In addition to the specific requirements of 24 CFF, Part 85, Subrecipient shall maintain a code or standards of conduct which shall govern the performance of its officers, employees or agents in contracting with and expending the federal grant funds made available to Subrecipient under this Agreement. Subrecipient's officers, employees or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or potential contractors. To the extent permissible by state law, rules, and regulations, the standards adopted by Subrecipient shall provide for penalties, sanctions or other disciplinary actions to be applied for violations of such standards by either the Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted, to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among contractors which may restrict or eliminate competition or otherwise restrain trade. Subrecipient agrees to adhere to conflict of interest provisions set forth in 24 CFR Section 570.611 and to the procurement rules specified in 24 CFR, Part 85.36, in its expenditure of all funds received under this Agreement. 8. ANTI-KICK BACK PROVISIONS; EQUAL EMPLOYMENT OPPORTUNITY DAD:bnw:CI AGMT 98-222 4 Proj#:98-222 Rev. 9/14/98 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 and 24 CFR, Part 135, Section 135.38. 9. PREVAILING WAGE REOUIREMENT 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 (), if applicable. 11. TEMPORARY WITHHOLDING DAD:bnw:CI AGMT 98-222 5 Proj 4:98-222 Rev. 9/14/98 The Director of the Development Department of the EDA is authorized to temporarily 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 Director. Subrecipient shall have the right to appeal the decision of the Director to the Mayor and Common Council. The sole grounds for such appeal shall be that no violation of the Agreement has occurred. Subrecipient shall file such appeal within fifteen (15) days after such first withholding. The Mayor and Common Council shall set a date for the hearing of such appeal which is within 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 or 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 DAD:bnw:CI AGMT 98-222 6 Proj#:98-222 Rev. 9/14/98 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 of EDA any and all documentation needed by the Development Department of EDA 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 upon thirty(30) days written notice. 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-cancelable 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 'T' above. 17. CDBG REQUIREMENTS FOR PROPERTIES OWNED BY A RELIGIOUS ENTITY Subrecipient agrees to all conditions and requirements set forth in 24 CFR, Part 570.483, Section(6) (ii) (A) (B) (C) (D) (E) (F) (G) regarding the use of CDBG funds for the rehabilitation of a building(s) owned primarily by a religious entity. In particular, Subrecipient is apprized of and agrees to the following: A. The leased premises will be used exclusively for secular purposes available to persons regardless of religion; B. The portion of the cost of any improvements that also serve a non-leased part of the building will be allocated to and paid for by the Lessor; DAD:bmv:C1 AGIvrr 98-222 7 Proj 9:98-222 Rev. 9/14/98 C. The Lessor will be required to enter into a binding agreement stating that unless the Lessee (Subrecipient), or a qualified successor Lessee, retains the use of the leased premises for a wholly secular purpose for at least the useful Iife of the improvements, the Lessor will pay to the Lessee (Subrecipient) an amount equal to the residual value of the improvements. D. The Lessee (Subrecipient) must remit the amount received from the Lessor as indicated above to the City from which the CDBG funds were received. 18. 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. 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: Ronald E. Winkler, Director Major Russell Fritz Officer in Charge Development Department The Salvation Army DAD:bnw:CI AGMT 98-222 8 Proj#:98-222 Rev. 9114/98 Economic Development Agency 746 W. 50' Street "E" 201 North Street, Suite 301 San Bernardino, California 92410 San Bernardino, California 92401 22. 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. 23. 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. 24. 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. 25. 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. DAD:bnw:CI AGMT 98-222 9 Proj#:98-222 Rev. 9114/98 WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first herein above written. THE SAL ON AR Y,A CALIFORNIA CORPORATION CITY OF SAN BERNARDINO TREASURER JL ITR'V LLES, Mayor Rresiden-" the-Berard C"an Bernardino ATTEST $—;ec-r.etaFy RACHEL CLARK, City Clerk City of San Bernardino Approved as to form and legal content: JAMES F. E IAN, City,Attorney By: V LEGAL REVIEW DATE la ITIAL DAD:bnw:CI AGMT 98-222 10 Proj#:98-222 Rev. 9/14/98 EXHIBIT A 1. Funds will be used to build a fence around the property to protect clients using the facility, particularly children, and staff from crime. 2. Funding is not to exceed $20,000. DAD:bnw:Cl AGMT 98-222 11 Proj 4:98-222 Rev. 9/14/98 EXHIBIT B Public Services $ Capital Improvements $20,000 Other $ 20,000 TOTAL ive - Planning Concepts Design & Engineering Advertisement for Bids Bid Open Award of Contract Begin Construction 50% Construction Complete Construction Project Completion DAD:bnw:Cl AG.Lrr 98-222 12 Proj#:98-222 Rev. 9/14/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, MAJOR RUSSELL FRITZ CORP. OFFICER , of the (Name and Title of Official) THE SALVATION ARNtY located at (Warne of Agency/Organization) 746 W_ 5TH STREET SAN BERNARDINQ CALIFORNIA 92410 do hereby (Address of Agency/Organization) e the following certification and assurance to accompany the Community Development Block ant Agreement between THE SALVATION ARMY A CALIFORNIA CORPORATION 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 THE SALVATION ARM*CALIFORNIA CORPORATION X11 (dame of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. TREASURER Ass",S'acratary Signature of Official Date DAD:bnw:CI AGMT 98-222 13 Proj#:98-222 Rev. 9/14/98 Q01PV CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY MEMORANDUM OF UNDERSTANDING CDBG-Funded Capital Improvement/ Rehabilitation Projects THIS MEMORANDUM OF UNDERSTANDING, hereinafter"MOU", is entered into effective as of July 1, 1998, at San Bernardino, California, between the Development Department, a department of the Economic Development Agency and the Executive Director, the Community Development Block Grant Program Administrator, hereinafter "Administrator", and CODE COMPLIANCE DIVISION, a department or division of the City of San Bernardino, referred to as "Recipient". ADMINISTRATOR AND RECIPIENT AGREE AS follows: 1. Recitals. a. "Recipient" has been awarded financial assistance from "Administrator" for Fiscal Year 1998/1999= from funds available through the U.S. Department of Housing and Urban Development's Community Development Block Grant, hereinafter CDBG, Program, . Although no formal written agreement between Departments or Division is required, it is deemed beneficial that the obligations of"Recipient" be spelled out clearly to avoid program management and audit problems. b. "Recipient" represents that the expenditures authorized by this MOU and attachment "A" thereto is for NEIGHBORHOOD REVITALIZATION PROGRAM (Code Compliance), which is for valid community development purposes, in accordance with federal laws and regulations, and that all funds granted under this MOU will be used for no purpose(s) other than those purpose(s) specifically authorized. C. "Recipient" further agrees and assures that, prior to the expenditure of funds granted under this MOU, compliance with federal regulations, specifically 24 CFR, Part 58, entitled "Environmental Review Requirements", will be adhered to and evidence thereof shall be provided to "Administrator", when applicable. d. Costs incurred or monies expended prior to compliance with federal regulations 24, CFR, Part 58, will considered unallowable costs under this MOU. e. "Recipient" agrees to provide the "Administrator" with written reports of its activities on or before the tenth (10) day of October, January, April and July of any given program year for the previous three (3) month period, in addition to a final report when this MOU terminates. All reports shall include information on program/project activities, accomplishments, new program/project information and current program/project statistics on expenditures, case loads, and activities of the reporting period. DAD:bnw:ci mou 98-227 Revised:09/15/98(98-229) Page-1- f. "Recipient" will comply with requirements set forth in the Uniform Relocation Assistance and Real Property acquisition Policy Act (URA) of 1970, as amended, 49 CFR, in accordance with federal and local regulations when attempting to or acquiring any building or parcel of land. "Recipient" will be required to obtain written approval for the "Administrator" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. 2. Payments. "Administrator" shall pay to the "Recipient" the total sum of SIX-HUNDRED SEVENTEEN THOUSAND SEVENTEEN DOLLARS AND NO/100 ($617,017), for the term of this MOU. Payments shall be in the form of reimbursements and shall be on a progressive basis, contingent upon certification and acceptance of the work completed by the CODE COMPLIANCE DIVISION. 3. Term. This MOU shall commence July 1, 1998 and terminate on June 30, 1999. The Administrator is hereby authorized, with the concurrence of the other parties to this document, to extend the term for a period not to exceed ninety (90) days in order to complete the projects and other obligations required to be performed herein. 4. Use of Funds. The funds paid to "Recipient" shall be issued solely for the purpose(s) set forth in Paragraph "1(b)" of this MOU and in accordance with the budget submitted by "Recipient" with its application for this grant, and approved by the Administrator. Funds shall be used for purpose(s) authorized by the CDBG Program only, and no portion of the funds granted hereby shall be used for any purpose(s) not specifically authorized by this MOU. A variation in the itemization of costs, as set forth in the proposed budget submitted to "Administrator", not to exceed ten percent (10%) as to any particular line item, shall be allowed provided the prior written approval of the Administrator of the Economic Development Agency is obtained, it being understood that the total amount of the grant shall not be varied thereby. Furthermore, the "Recipient" shall immediately inform the Administrator, in writing, should there by any material change in the cost and time schedule for completion of an approved program/project. All funds are to be utilized within the time period covered by this MOU, and any funds not used shall revert to the "Administrator". Any excess funds that are result of cost savings may only be used for the approved scope of work and may not be applied toward new projects or other CDBG funded projects. No reserve for the future shall be established with the funds except as may be authorized by the "Administrator" to meet commitments made for services provided during the period of this MOU, but not yet paid for at the conclusion of this MOU. Under no circumstances will reimbursements be made for work initiated prior to execution of this memorandum. 5. Services Available to Residents: Monitoring and Reporting Program Performance The services of the "Recipient" shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied services because of race, color, national origin, creed, sex, marital status, or physical handicap. "Recipient" shall comply with DAD:bnw:ci mou 98-227 Revised:09/15/98(98-227) Page-2- Affirmative Action guidelines in its employments practices. "Recipient" shall also monitor the program's/project's activities and report on its performance to "Administrator" annually, or more often if requested by "Administrator", in accordance with CDBG regulations 24 CFR, Part 58. 6. Procurement Practices. "Recipient" shall comply with procurement procedures and guidelines established by CDBG regulations 24 CFR, Part 85. All procurement transactions, without regard to dollar value, shall be conducted in a manner so as to provide minimum open and free competition. The "Recipient" shall be alert to organizational conflicts of interest or non-competition or otherwise restrain trade. "Recipient" agrees to adhere to conflict of interest provisions set forth in 24 CFR, Section 570.611 and to the procurement rules specified in CDBG regulations set forth in 24 CFR, Part 85, in its expenditure of all funds received under this MOU. 7. Anti-Kick Back Provision; Equal Employment Opportunity. All contracts for the construction or repair using funds provided under this MOU shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 USC 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. "Recipient" shall report all suspected or reported violations to City. All contracts in excess of$10,000 entered into by "Recipient" using funds provided under this MOU shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order 11246, as amended and 24 CFR, Part 135, Section 135.38. 8. Prevailing Wage Requirement. Any construction contracts awarded by "Recipient" using funds provided under this MOU in excess of$2,000 shall include a provision for compliance with the Davies-Bacon Act (940 USC 276 (0)), 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 that the minimum wage specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. "Recipient" shall place a copy of the current minimum wage determination in public view. "Recipient" shall report all suspected or reported violations to the Economic Development Agency of the City of San Bernardino. 9. Approval of Agency of any Charges. "Administrator" reserves the right to require "Recipient" to obtain the prior approval of the Mayor and Common Council of any charges or fees to be charged by "Recipient" for services provided under this MOU, and of any rules and regulations governing the provision of services hereunder. D 1D:bnw:ci mou 98-227 Revised:09/15/98(98-227) Page-3- 10. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this MOU shall be retained for a period of three (3) years, and in the event or until and unless any of litigation, claims and audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this MOU shall be retained for three(3)years after the final deposition of such property. 11. Termination for Convenience. "Administrator" or Recipient" may terminate this MOU in whole or in part provided that either parties agree that the continuation of the program/project would not produce beneficial results commensurate with the 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 termination, the portion to be terminated. The "Recipient" shall not incur new obligations for the terminated portion after the effective date and shall cancel any outstanding obligations as soon as possible. "Administrator" shall allow "Recipient" full credit for the "Administrator" share of the non-cancelable obligations properly incurred by the "Recipient" prior to termination. //// //// DAD:bnw:ci mou 98-227 Revised:09/15/98(98-227) Page-4- IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first herein above written, as an internal, "inter-departmental" MOU. RECIPIENT Name Date 16 f Title ADMINISTRATOR acd.4�1� y. z�. RONALD . WINKLER, Director Date Development Department DAD:bnw:ci mou 98-227 Revised:09/15/98(98-227) Page-5- EXHIBIT A MMMM SCOPE OF SERVICES 1. Funds will be used to expand the comprehensive code enforcement program. 2. The cost of the project shall not exceed $617,017. DAD:bnw:ci mou 98-227 Revised:09/15/98(98-227) Page-6- EXHIBIT B PROGRAM BUDGET Project Budget CITY CDBG Other Total Per Category Capital Improvements $617,017 TOTAL $617,017 DAD:bnw:ci mou 98-227 Revised:09115/98(98-227) Page-7- COPY CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY MEMORANDUM OF UNDERSTANDING CDBGFunded Capital Improvement/ Rehabilitation Projects THIS MEMORANDUM OF UNDERSTANDING, hereinafter"MOU", is entered into effective as of July 1, 1998, at San Bernardino, California, between the Development Department, a department of the Economic Development Agency and the Executive Director, the Community Development Block Grant Program Administrator, hereinafter "Administrator", and SAN BERNARDINO PARKS, RECREATION & COMMUNITY SERVICES, a department or division of the City of San Bernardino, referred to as "Recipient". ADMINISTRATOR AND RECIPIENT AGREE AS follows: 1. Recitals. a. "Recipient" has been awarded financial assistance from "Administrator" for Fiscal Year 1998/1999 from funds available through the U.S. Department of Housing and Urban Development's Community Development Block Grant, hereinafter CDBG, Program, Although no formal written agreement between Departments or Division is required, it is deemed beneficial that the obligations of"Recipient" be spelled out clearly to avoid program management and audit problems. b. "Recipient" represents that the expenditures authorized by this MOU and attachment "A" thereto is for NINTH STREET PARK RESTROOM, which is for valid community development purposes, in accordance with federal laws and regulations, and that all funds granted under this MOU will be used for no purpose(s) other than those purpose(s) specifically authorized. C. 'Recipient" further agrees and assures that, prior to the expenditure of funds granted under this MOU, compliance with federal regulations, specifically 24 CFR, Part 58, entitled "Environmental Review Requirements", will be adhered to and evidence thereof shall be provided to "Administrator", when applicable. d. Costs incurred or monies expended prior to compliance with federal regulations 24, CFR Part 58, will considered unallowable costs under this MOU. e. 'Recipient" agrees to provide the "Administrator" with written reports of its activities on or before the tenth(10) day of October, January, April and July of any given program year for the previous three (3) month period, in addition to a final report when this MOU terminates. All reports shall include information on program/project activities, accomplishments, new program/project information and current program/project statistics on expenditures, case loads, and activities of the reporting period. r DAD:bnw:ci mou 98-229 Page-1- %// `.� Revised:09/15/98(98-229) f. "Recipient" will comply with requirements set forth in the Uniform Relocation Assistance and Real Property acquisition Policy Act (URA) of 1970, as amended, 49 CFR, in accordance with federal and local regulations when attempting to or acquiring any building or parcel of land. "Recipient" will be required to obtain written approval for the "Administrator" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. 2. Payments. "Administrator" shall pay to the "Recipient" the total sum of ONE HUNDRED THIRTY-FIVE THOUSAND DOLLARS AND NO/100 ($135,000), for the term of this MOU. Payments shall be in the form of reimbursements and shall be on a progressive basis, contingent upon certification and acceptance of the work completed by the SAN BERNARDINO PARKS, RECREATION & COMMUNITY SERVICES. 3. Term. This MOU shall commence July 1, 1998 and terminate on June 30, 1999. The Administrator is hereby authorized, with the concurrence of the other parties to this document, to extend the term for a period not to exceed ninety(90) days in order to complete the projects and other obligations required to be performed herein. 4. Use of Funds. The funds paid to "Recipient" shall be issued solely for the purpose(s) set forth in Paragraph "1(b)" of this MOU and in accordance with the budget submitted by "Recipient" with its application for this grant, and approved by the Administrator. Funds shall be used for purpose(s) authorized by the CDBG Program only, and no portion of the funds granted hereby shall be used for any purpose(s) not specifically authorized by this MOU. A variation in the itemization of costs, as set forth in the proposed budget submitted to "Administrator", not to exceed ten percent (10%) as to any particular line item, shall be allowed provided the prior written approval of the Administrator of the Economic Development Agency is obtained, it being understood that the total amount of the grant shall not be varied thereby. Furthermore, the "Recipient" shall immediately inform the Administrator, in writing, should there by any material change in the cost and time schedule for completion of an approved program/project. All funds are to be utilized within the time period covered by this MOU, and any funds not used shall revert to the "Administrator". Any excess funds that are result of cost savings may only be used for the approved scope of work and may not be applied toward new projects or other CDBG funded projects. No reserve for the future shall be established with the funds except as may be authorized by the "Administrator" to meet commitments made for services provided during the period of this MOU, but not yet paid for at the conclusion of this MOU. Under no circumstances will reimbursements be made for work initiated prior to execution of this memorandum. 5. Services Available to Residents; Monitoring and Reporting Program Performance DAD:bnw:ci mou 98-229 Page-2- Revised:09/15/98(98-229) The services of the "Recipient" shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied services because of race, color, national origin, creed, sex, marital status, or physical handicap. "Recipient" shall comply with Affirmative Action guidelines in its employments practices. "Recipient" shall also monitor the program's/project's activities and report on its performance to "Administrator" annually, or more often if requested by "Administrator", in accordance with CDBG regulations 24 CFR, Part 58. 6. Procurement Practices. "Recipient" shall comply with procurement procedures and guidelines established by CDBG regulations 24 CFR, Part 85. All procurement transactions, without regard to dollar value, shall be conducted in a manner so as to provide minimum open and free competition. The "Recipient" shall be alert to organizational conflicts of interest or non-competition or otherwise restrain trade. "Recipient" agrees to adhere to conflict of interest provisions set forth in 24 CFR, Section 570.611 and to the procurement rules specified in CDBG regulations set forth in 24 CFR, Part 85, in its expenditure of all funds received under this MOU. 7. Anti-Kick Back Provision; Equal Employment Opportunity. All contracts for the construction or repair using funds provided under this MOU shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 USC 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. "Recipient" shall report all suspected or reported violations to City. All contracts in excess of$10,000 entered into by "Recipient" using funds provided under this MOU shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order 11246, as amended and 24 CFR, Part 135, Section 135.38. 8. Prevailing Wage Requirement. Any construction contracts awarded by "Recipient" using funds provided under this MOU in excess of$2,000 shall include a provision for compliance with the Davies-Bacon Act (940 USC 276 (0)), 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 that the minimum wage specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. "Recipient" shall place a copy of the current minimum wage determination in public view. "Recipient" shall report all suspected or reported violations to the Economic Development Agency of the City of San Bernardino. 9. Approval of Agency of any Charges. "Administrator" reserves the right to require "Recipient" to obtain the prior approval of the Mayor and Common Council of any charges or fees to be charged by "Recipient" for services DAD:bmv:ci mou 98-229 Page-3- Revised:09/15/98(98-229) provided under this MOU, and of any rules and regulations governing the provision of services hereunder. DAD:bnw:ci mou 98-229 Page-4- Revised:09/15/98(98-229) 10. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this MOU shall be retained for a period of three (3)years, and in the event or until and unless any of litigation, claims and audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this MOU shall be retained for three (3)years after the final deposition of such property. 11. Termination for Convenience. "Administrator" or Recipient" may terminate this MOU in whole or in part provided that either parties agree that the continuation of the program/project would not produce beneficial results commensurate with the 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 termination, the portion to be terminated. The "Recipient" shall not incur new obligations for the terminated portion after the effective date and shall cancel any outstanding obligations as soon as possible. "Administrator" shall allow "Recipient" full credit for the "Administrator" share of the non-cancelable obligations properly incurred by the "Recipient" prior to termination. IN //// //// DAD:bnw:ci mou 98-229 Page-5- Revised:09/15/98(98-229) IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first herein above written, as an internal, "inter-departmental" MOU. RECIPIENT Name Date Title ADMINISTRATOR t RONALD E. INKLER, Director Date Development Department DAD:bnw:ci mou 98-229 Page-6- Revised:09/15/98(98-229) EXHIBIT A - - MOILD SCOPE OF SERVICES 1. Funds will be used to demolish an existing bathroom facility and to build a new facility that meets ADA requirements. 2. The cost of the project shall not exceed $135,000. DAD:bnw:ci mou 98-229 Page-7- Revised:09/15/98(98-229) EXHIBIT B PROGRAM BUDGET Project Budget CITY CDBG Other Total Per Category Capital Im rovements $135,000 TOTAL $135,000 DAD:bnw:ci mou 98-229 Page-8- Revised:09/15/98(98-229) CITY OF SAN BERNARDINO COPY ECONOMIC DEVELOPMENT AGENCY MEMORANDUM OF UNDERSTANDING CDBG-Funded Capital Improvement/ Rehabilitation Projects THIS MEMORANDUM OF UNDERSTANDING, hereinafter"MOU", is entered into effective as of July 1, 1998, at San Bernardino, California, between the Development Department, a department of the Economic Development Agency and the Executive Director, the Community Development Block Grant Program Administrator. hereinafter "Administrator", and FACILITY MANAGEMENT DEPARTMENT, a department or division of the City of San Bernardino, referred to as "Recipient". ADMINISTRATOR AND RECIPIENT AGREE AS follows: 1. Recitals. a. "Recipient" has been awarded financial assistance from "Administrator" for Fiscal Year 1998/1999= from funds available through the U.S. Department of Housing and Urban Development's Community Development Block Grant, hereinafter CDBG, Program, . Although no formal written agreement between Departments or Division is required, it is deemed beneficial that the obligations of"Recipient" be spelled out clearly to avoid program management and audit problems. b. "Recipient" represents that the expenditures authorized by this MOU and attachment "A" thereto is for CITY HALL AUTOMATIC DOOR—ADA PHASE, which is for valid community development purposes, in accordance with federal laws and regulations, and that all funds granted under this MOU will be used for no purpose(s) other than those purpose(s) specifically authorized. C. "Recipient" further agrees and assures that, prior to the expenditure of funds granted under this MOU, compliance with federal regulations, specifically 24 CFR, Part 58, entitled "Environmental Review Requirements", will be adhered to and evidence thereof shall be provided to "Administrator", when applicable. d. Costs incurred or monies expended prior to compliance with federal regulations 24. CFR, Part 58, will considered unallowable costs under this MOU. e. "Recipient" agrees to provide the "Administrator" with written reports of its activities on or before the tenth(10) day of October, January, April and July of any given program year for the previous three(3) month period, in addition to a final report when this MOU terminates. All reports shall include information on program/project activities, accomplishments, new program/project information and current program/project statistics on expenditures, case loads, and activities of the reporting period. DAD:bnw:ci mou 98-232 Page-I- Revised:09/15/98(98-232) 6 f. "Recipient" will comply with requirements set forth in the Uniform Relocation Assistance and Real Property acquisition Policy Act (URA) of 1970, as amended, 49 CFR, in accordance with federal and local regulations when attempting to or acquiring any building or parcel of land. "Recipient" will be required to obtain written approval for the "Administrator" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. 2. Payments. "Administrator" shall pay to the "Recipient" the total sum of SIXTEEN THOUSAND DOLLARS AND NO/100 ($16.000), for the term of this MOU. Payments shall be in the form of reimbursements and shall be on a progressive basis, contingent upon certification and acceptance of the work completed by the FACILITY MANAGEMENT DEPARTMENT. 3. Term. This MOU shall commence July 1, 1998 and terminate on June 30, 1999. The Administrator is hereby authorized, with the concurrence of the other parties to this document, to extend the term for a period not to exceed ninety (90) days in order to complete the projects and other obligations required to be performed herein. 4. Use of Funds. The funds paid to "Recipient" shall be issued solely for the purpose(s) set forth in Paragraph "1(b)" of this MOU and in accordance with the budget submitted by "Recipient" with its application for this grant, and approved by the Administrator. Funds shall be used for purpose(s) authorized by the CDBG Program only, and no portion of the funds granted hereby shall be used for any purpose(s) not specifically authorized by this MOU. A variation in the itemization of costs, as set forth in the proposed budget submitted to "Administrator", not to exceed ten percent (10%) as to any particular line item, shall be allowed provided the prior written approval of the Administrator of the Economic Development Agency is obtained, it being understood that the total amount of the grant shall not be varied thereby. Furthermore, the "Recipient" shall immediately inform the Administrator, in writing, should there by any material change in the cost and time schedule for completion of an approved program/project. All funds are to be utilized within the time period covered by this MOU, and any funds not used shall revert to the "Administrator". Any excess funds that are result of cost savings may only be used for the approved scope of work and may not be applied toward new projects or other CDBG funded projects. No reserve for the future shall be established with the funds except as may be authorized by the "Administrator" to meet commitments made for services provided during the period of this MOU, but not yet paid for at the conclusion of this MOU. Under no circumstances will reimbursements be made for work initiated prior to execution of this memorandum. 5. Services Available to Residents; Monitoring and Reporting Program Performance The services of the "Recipient" shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied services because of race, color, national origin, creed, sex, marital status, or physical handicap. "Recipient" shall comply with DAD:bnw:ci mou 98-232 Page-2- Revised:09/15/98(98-232) Affirmative Action guidelines in its employments practices. "Recipient" shall also monitor the program's/project's activities and report on its performance to "Administrator" annually, or more often if requested by "Administrator", in accordance with CDBG regulations 24 CFR, Part 58. 6. Procurement Practices. "Recipient" shall comply with procurement procedures and guidelines established by CDBG regulations 24 CFR, Part 85. All procurement transactions, without regard to dollar value, shall be conducted in a manner so as to provide minimum open and free competition. The "Recipient" shall be alert to organizational conflicts of interest or non-competition or otherwise restrain trade. "Recipient" agrees to adhere to conflict of interest provisions set forth in 24 CFR, Section 570.611 and to the procurement rules specified in CDBG regulations set forth in 24 CFR, Part 85, in its expenditure of all funds received under this MOU. 7. Anti-Kick Back Provision; Equal Employment Opportunity. All contracts for the construction or repair using funds provided under this MOU shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 USC 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. "Recipient" shall report all suspected or reported violations to City. All contracts in excess of$10,000 entered into by "Recipient" using funds provided under this MOU shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order 11246, as amended and 24 CFR, Part 135, Section 135.38. 8. Prevailing Wage Requirement. Any construction contracts awarded by "Recipient" using funds provided under this MOU in excess of$2,000 shall include a provision for compliance with the Davies-Bacon Act (940 USC 276 (a7)), 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 that the minimum wage specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. "Recipient" shall place a copy of the current minimum wage determination in public view. "Recipient" shall report all suspected or reported violations to the Economic Development Agency of the City of San Bernardino. 9. Approval of Agency of f any Charges. "Administrator" reserves the right to require "Recipient" to obtain the prior approval of the Mayor and Common Council of any charges or fees to be charged by "Recipient" for services provided under this MOU, and of any rules and regulations governing the provision of services hereunder. DAD:bnw:ci mou 98-232 Page-3- Revised:0915M(98-232) 10. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this MOU shall be retained for a period of three (3)years, and in the event or until and unless any of litigation, claims and audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this MOU shall be retained for three(3)years after the final deposition of such property. 11. Termination for Convenience. "Administrator" or Recipient" may terminate this MOU in whole or in part provided that either parties agree that the continuation of the program/project would not produce beneficial results commensurate with the 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 termination, the portion to be terminated. The "Recipient" shall not incur new obligations for the terminated portion after the effective date and shall cancel any outstanding obligations as soon as possible. "Administrator" shall allow "Recipient" full credit for the "Administrator" share of the non-cancelable obligations properly incurred by the "Recipient" prior to termination. //// //// DAD:bnw:ci mou 98-232 Page 4- Revised:09/15/98(98-232) IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first herein above written, as an internal, "inter-departmental" MOU. RECIPIENT i Sept. 21, 1998 .Nam \� Date Facilities Manager Title ADMINISTRATOR RONALD . WINKLER, Director Date Development Department DAD:bnw:ci mou 98-232 Page-5- Revised:09/15i98(98-232) EXHIBIT A .5 SCOPE OF SERVICES 1. Funds will be used to upgrade automatic access doors in City Hall to ADA standards. 2. The cost of the project shall not exceed $16,000. DAD:bnw:ci mou 98-232 Page-6- Revised:09/15/98(98-232) EXHIBIT B PROGRAM BUDGET Project Budget CITY CDBG Other Total Per Category Capital Improvements $16,000 TOTAL $16,000 DAD:bnw:ci mou 98-232 Page-7- Revised:09{15/98(99-232) f COPY CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY MEMORANDUM OF UNDERSTANDING CDBG-Funded Capital Improvement/ Rehabilitation Projects THIS MEMORANDUM OF UNDERSTANDING, hereinafter"MOU", is entered into effective as of July 1, 1998, at San Bernardino, California, between the Development Department, a department of the Economic Development Agency and the Executive Director, the Community Development Block Grant Program Administrator, hereinafter "Administrator", and DEPARTMENT OF PUBLIC WORKS JOINT APPLICANT WITH HIGHLAND AREA BUSINESS ASSOCIATES, a department or division of the City of San Bernardino, referred to as "Recipient". ADNM,ISTRATOR AND RECIPIENT AGREE AS follows: 1. Recitals. a. "Recipient" has been awarded financial assistance from "Administrator" for Fiscal Year 1998/1999= from funds available through the U.S. Department of Housing and Urban Development's Community Development Block Grant, hereinafter CDBG, Program, . Although no formal written agreement between Departments or Division is required, it is deemed beneficial that the obligations of"Recipient" be spelled out clearly to avoid program management and audit problems. b. "Recipient" represents that the expenditures authorized by this MOU and attachment "A" thereto is for HIGHLAND AVENUE STREETSCAPE, which is for valid community development purposes, in accordance with federal laws and regulations, and that all funds granted under this MOU will be used for no purpose(s) other than those purpose(s) specifically authorized. C. "Recipient" further agrees and assures that, prior to the expenditure of funds granted under this MOU, compliance with federal regulations, specifically 24 CFR, Part 58, entitled "Environmental Review Requirements", will be adhered to and evidence thereof shall be provided to "Administrator", when applicable. d. Costs incurred or monies expended prior to compliance with federal regulations 24, CF& Part 58, will considered unallowable costs under this MOU. e. "Recipient" agrees to provide the "Administrator" with written reports of its activities on or before the tenth (10) day of October, January, April and July of any given program year for the previous three(3) month period, in addition to a final report when this MOU terminates. All reports shall include information on program/project activities, accomplishments, new program/project information and current program/project statistics on expenditures, case loads, and activities of the reporting period. DAD:bnw:ps 98-233 1 Revised: 07/28/98 (98-233) �; f. "Recipient" will comply with requirements set forth in the Uniform Relocation Assistance and Real Property acquisition Policy Act (URA) of 1970, as amended, 49 CFR, in accordance with federal and local regulations when attempting to or acquiring any building or parcel of land. "Recipient" will be required to obtain written approval for the "Administrator" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. 2. Payments. "Administrator" shall pay to the "Recipient" the total sum of ONE HUNDRED TEN THOUSAND DOLLARS AND NO/100 ($110,000), for the term of this MOU. Payments shall be in the form of reimbursements and shall be on a progressive basis, contingent upon certification and acceptance of the work completed by the DEPARTMENT OF PUBLIC WORKS AND THE HIGHLAND AREA BUSINESS ASSOCIATES. 3. Term. This MOU shall commence July 1, 1998 and terminate on June 30, 1999. The Administrator is hereby authorized, with the concurrence of the other parties to this document, to extend the term for a period not to exceed ninety (90) days in order to complete the projects and other obligations required to be performed herein. 4. Use of Funds. The funds paid to "Recipient" shall be issued solely for the purpose(s) set forth in Paragraph "I(b)" of this MOU and in accordance with the budget submitted by "Recipient" with its application for this grant, and approved by the Administrator. Funds shall be used for purpose(s) authorized by the CDBG Program only, and no portion of the funds granted hereby shall be used for any purpose(s) not specifically authorized by this MOU. A variation in the itemization of costs, as set forth in the proposed budget submitted to "Administrator", not to exceed ten percent (10%) as to any particular line item, shall be allowed provided the prior written approval of the Administrator of the Economic Development Agency is obtained, it being understood that the total amount of the grant shall not be varied thereby. Furthermore, the "Recipient" shall immediately inform the Administrator, in writing, should there by any material change in the cost and time schedule for completion of an approved program/project. All funds are to be utilized within the time period covered by this MOU, and any funds not used shall revert to the "Administrator". Any excess funds that are result of cost savings may only be used for the approved scope of work and may not be applied toward new projects or other CDBG funded projects. No reserve for the future shall be established with the funds except as may be authorized by the "Administrator" to meet commitments made for services provided during the period of this MOU, but not yet paid for at the conclusion of this MOU. Under no circumstances will reimbursements be made for work initiated prior to execution of this memorandum. 5. Services Available to Residents; Monitoring and Reporting Program Performance The services of the "Recipient" shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied services because of race, color, national origin, creed, sex, marital status, or physical handicap. "Recipient" shall comply with DAD:bnw:ps 98-233 2 Revised: 07/28/98 (98-233) Affirmative Action guidelines in its employments practices. "Recipient" shall also monitor the program's/project's activities and report on its performance to "Administrator" annually, or more often if requested by "Administrator", in accordance with CDBG regulations 24 CFR, Part 58. 6. Procurement Practices. "Recipient" shall comply with procurement procedures and guidelines established by CDBG regulations 24 CFR, Part 85. All procurement transactions, without regard to dollar value, shall be conducted in a manner so as to provide minimum open and free competition. The "Recipient" shall be alert to organizational conflicts of interest or non-competition or otherwise restrain trade. "Recipient" agrees to adhere to conflict of interest provisions set forth in 24 CFR, Section 570.611 and to the procurement rules specified in CDBG regulations set forth in 24 CFR, Part 85, in its expenditure of all funds received under this MOU. 7. Anti-Kick Back Provision; Equal Employment Opportunity. All contracts for the construction or repair using funds provided under this MOU shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 USC 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. "Recipient" shall report all suspected or reported violations to City. All contracts in excess of$10,000 entered into by "Recipient" using funds provided under this MOU shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order 11246, as amended and 24 CFR, Part 135, Section 135.38. 8. Prevailing Wage Requirement. Any construction contracts awarded by "Recipient" using funds provided under this MOU in excess of$2,000 shall include a provision for compliance with the Davies-Bacon Act (940 USC 276 (0)), 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 that the minimum wage specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. "Recipient" shall place a copy of the current minimum wage determination in public view. "Recipient" shall report all suspected or reported violations to the Economic Development Agency of the City of San Bernardino. 9. Approval of Agency of any Charges. "Administrator" reserves the right to require "Recipient" to obtain the prior approval of the Mayor and Common Council of any charges or fees to be charged by "Recipient" for services provided under this MOU, and of any rules and regulations governing the provision of services hereunder. DAD:bnw:ps 98-233 3 Revised: 07/28/98 (98-233) 10. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this MOU shall be retained for a period of three (3) years, and in the event or until and unless any of litigation, claims and audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this MOU shall be retained for three (3)years after the final deposition of such property. 11. Termination for Convenience. "Administrator" or Recipient" may terminate this MOU in whole or in part provided that either parties agree that the continuation of the program/project would not produce beneficial results commensurate with the 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 termination, the portion to be terminated. The "Recipient" shall not incur new obligations for the terminated portion after the effective date and shall cancel any outstanding obligations as soon as possible. "Administrator" shall allow "Recipient" full credit for the "Administrator" share of the non-cancelable obligations properly incurred by the "Recipient" prior to termination. DAD:bnw:ps 98-233 4 Revised: 07/28/98 (98-233) IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first herein above written, as an internal, "inter-departmental" MOU. RECIPIENT Name/�,+y Date Title ADMINISTRATOR z f .g RONALD . WINKLER, Director D to Development Department DAD: bnw: ps 98-233 5 Revised: 07/28/98 (98-233) EXHIBIT A SCOPE OF SERVICES 1. Funds will be used to provide new landscaping, streetscape and irrigation system between"E" Street and Arrowhead on Highland Avenue. 2. The cost of the project shall not exceed $110,000. DAD:bnw:ps 98-233 6 Revised: 07/28/98 (98-233) EXHIBIT B PROGRAM BUDGET Project Budget CITY CDBG Other Total Per Category Capital Im rovements $110,000 TOTAL $110,000 DAD:bnw:ps 98-233 7 Revised: 07/28/98 (98-233) . CITY OF SAN BERNARDINO O p ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT FOR CAPITAL IMPROVEMENT/REHABILITATION PROJECTS THIS AGREEMENT is entered into effective as of the July 1, 1998, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and YWCA OF GREATER SAN BERNARDINO 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 1998/1999 from funds available through the U.S. Department of Housing and Urban Development-Community Development Block Grant (CDBG)Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the FACILITY REHABILITATION—PHASE H which is a valid and eligible community development purpose, as defined in 24 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 purpose 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 responsibilities of the City as described in 24 CFR, Part 570.604; (ii) the Subrecipient does not assume the Grantee's responsibilities 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 Director of the Development Department of the Economic Development Agency(EDA) of the City of San Bernardino, the administrative entity appointed by the City, referred to as "Director" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD:bnw:CI AGbIT 98-240 1 Proj#:98-240 Rev. 9/14/98 2. PAYMENTS City shall reimburse Subrecipient for allowable costs, if applicable, incurred under the scope of this Agreement and applicable federal regulations, which have not been paid, on, Subrecipients behalf. Reimbursement will be made at least on a monthly basis, with the total of all such payments and/or reimbursements not to exceed FIFTY-FIVE THOUSAND AND NO/100 ($55,000) DOLLARS 3. TERM This Agreement shall commence July 1, 1998, and terminate June 30, 1999. The Agency Administrator of the EDA is hereby authorized, with the concurrence of the other parties to this Agreement, to extend for a period not to exceed ninety (90) days, in order to complete the project(s) and other obligations required to be performed herein. 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 EDA for review and approval, a copy of which is. attached to this Agreement as Exhibit "B". The comprehensive budget, included in the application, 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 Director, or designee, 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 Director, 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) Subrecipient shall be allowed, with the prior written approval of the Director, to modify the budget during the first three (3) quarters of the term of this Agreement, 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 EDA, not to DAD:bnw:CI AGNIT 98-240 2 Proj 9:98-240 Rev. 9/14/98 exceed ten percent (10%) shall be allowed, provided that the prior written approval of the Director is obtained, it being understood that the total amount of the grant shall not be varied thereby. (e) 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 fund 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. (t) Subrecipient shall remain incompliance 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 Director of the Development Department of EDA 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 Director of the Development Department of EDA, 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. 1999. (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 Department of Housing and Urban Development 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 DAD:bnw:CI AGMT 98-240 3 Proj#:98-240 Rev. 9/14/98 assets of the program, and Subrecipient shall assure that they are used solely for authorized purposes. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 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 Director of the Development Department, 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 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 PRACTICES; 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted, to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among contractors which may restrict or eliminate competition or otherwise restrain trade. Subrecipient agrees to adhere to conflict of interest provisions set forth in 24 CFR Section 570.611 and to the procurement rules specified in 24 CFR, Part 85.36, in its expenditure of all funds received under this Agreement. 8. ANTI-KICK BACK PROVISIONS; EQUAL EMPLOYMENT OPPORTUNITY DAD:bnw:CI AGMT 98-240 4 Proj#:98-240 Rev. 9/14198 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 and 24 CFR, Part 135, Section 135.38. 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 (), if applicable. DAD:bnw:CI AGNIT 98-240 5 Proj#:98-240 Rev. 9/14/98 11. TEMPORARY WITHHOLDING The Director of the Development Department of the EDA is authorized to temporarily 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 Director. Subrecipient shall have the right to appeal the decision of the Director to the Mayor and Common Council. The sole grounds for such appeal shall be that no violation of the Agreement has occurred. Subrecipient shall file such appeal within fifteen(15) days after such first withholding. The Mayor and Common Council shall set a date for the hearing of such appeal which is within 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 or 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 DAD:bnw:CI AGNIT 98-240 6 Proj#:98-240 Rev. 9/14/98 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 of EDA any and all documentation needed by the Development Department of EDA 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 upon thirty(30) days written notice. 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-cancelable 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. CDBG REQUIREMENTS FOR PROPERTIES OWNED BY A RELIGIOUS ENTITY Subrecipient agrees to all conditions and requirements set forth in 24 CFR, Part 570.483, Section (6) (ii) (A) (B) (C) (D) (E) (F) (G) regarding the use of CDBG funds for the rehabilitation of a building(s) owned primarily by a religious entity. In particular, Subrecipient is apprized of and agrees to the following: A. The leased premises will be used exclusively for secular purposes available to persons regardless of religion; DAD:bnw:CI AGMT 98-240 7 Proj#:98-240 Rev. 9/14/98 B. The portion of the cost of any improvements that also serve a non-leased part of the building will be allocated to and paid for by the Lessor; C. The Lessor will be required to enter into a binding agreement stating that unless the Lessee (Subrecipient), or a qualified successor Lessee, retains the use of the leased premises for a wholly secular purpose for at least the useful life of the improvements, the Lessor will pay to the Lessee (Subrecipient) an amount equal to the residual value of the improvements. D. The Lessee (Subrecipient) must remit the amount received from the Lessor as indicated above to the City from which the CDBG funds were received. 18. 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. 19. 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. 20. ASSIGNMENT This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 21. NOTICES All notices herein required shall be in writing and delivered in person or sent certified mail, postage prepaid, addressed as follows: DAD:bnw:CI AGMT 98-240 8 Proj#:98-240 Rev. 9/14/98 AS TO CITY: AS TO SUBRECIPIENT: Ronald E. Winkler, Director Cynthia A. Faulkner, Executive Director Development Department YWCA of Greater San Bernardino Economic Development Agency 567 North Sierra Way 201 North "E" Street, Suite 301 San Bernardino, California 92410 San Bernardino, California 92401 22. 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. 23. 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. 24. 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. 25. 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. DAD:bnw:Cl AGMT 98-240 9 Proj#:98-240 Rev. 9/14/98 WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first herein above written. CITY OF SAN BERNARDINO Exec tive Director/CEO JUDITH VALLES, Mayor Presiderft'pf the Board, City ©f San Bernardino i ATTEST ' ' Secretary RACHEL CLARK, City Clerk City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: J' DAD:bnw:C1 AGMT 98-240 10 Proj#:98-240 Rev. 9/14/98 EXHIBIT A 1. Funds will be used to begin the rehabilitation of the facility to meet health and safety standard, such as lead based paint removal and to meet ADA requirements. 2. Funding is not to exceed $55,000. DAD:bnw:Cl AGMT 98-240 11 Proj#:98-240 Rev. 9/14i98 EXHIBIT B Public Services $ Capital Improvements $55,000 Other $ 55,000 TOTAL Plannin Conce is Design & Engineering Advertisement for Bids Bid Open Award of Contract Begin Construction 50% Construction Com lete Construction Project Completion DAD:bmv:CI AGMT 98-240 12 Proj 4:98-240 Rev. 9/14/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, CYNTHIA A FAULKNER, EXECUTIVE DIRECTOR , of the (Name and Title of Official) YWCA OF GREATER SAN BERNARDINO located at (Name of Agency/Organization) 567 NORTH SIERRA WAY SAN BERNARDINO CALIFORNIA 92402 do hereby (.address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between YWCA OF GREATER SAN BERNARDINO 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 YWCA OF GREATER SAN BERNADINO will (Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. Sign re of Official Date DAD:bnw:CI AGMT 98-240 13 Proj#:98-240 Rev. 9/14/98 CITY OF SAN BERNARDINO COPY ECONOMIC DEVELOPMENT AGENCY MEMORANDUM OF UNDERSTANDING CDBG-Funded Capital Improvement/ Rehabilitation Projects THIS MEMORANDUM OF UNDERSTANDING, hereinafter"MOU", is entered into effective as of July 1. 1998, at San Bernardino, California, between the Development Department, a department of the Economic Development Agency and the Executive Director, the Community Development Block Grant Program Administrator, hereinafter "Administrator", and CITY OF SAN BERNARDINO FIRE DEPARTMENT, a department or division of the City of San Bernardino, referred to as "Recipient". ADMINISTRATOR AND RECIPIENT AGREE AS follows: 1. Recitals. a. "Recipient" has been awarded financial assistance from "Administrator" for Fiscal Year 1998/1999, from funds available through the U.S. Department of Housing and Urban Development's Community Development Block Grant, hereinafter CDBG, Program, . Although no formal written agreement between Departments or Division is required, it is deemed beneficial that the obligations of"Recipient" be spelled out clearly to avoid program management and audit problems. b. "Recipient" represents that the expenditures authorized by this MOU and attachment "A" thereto is for FIRE PREVENTION OFFICER, which is for valid community development purposes, in accordance with federal laws and regulations, and that all funds granted under this MOU will be used for no purpose(s) other than those purpose(s) specifically authorized. C. "Recipient" further agrees and assures that, prior to the expenditure of funds granted under this MOU, compliance with federal regulations, specifically 24 CFR, Part 58, entitled "Environmental Review Requirements", will be adhered to and evidence thereof shall be provided to "Administrator", when applicable. d. Costs incurred or monies expended prior to compliance with federal regulations 24, CFR Part 58 will considered unallowable costs under this MOU. e. "Recipient" agrees to provide the "Administrator" with written reports of its activities on or before the tenth (10) day of October, January, April and July of any given program year for the previous three (3) month period, in addition to a final report when this MOU terminates. All reports shall include information on program/project activities, accomplishments, new program/project information and current program/project statistics on expenditures, case loads, and activities of the reporting period. D.AD:bnw:ci mou 98-241 Revised:09/15/98(98-241) Page-1- f f. "Recipient" will comply with requirements set forth in the Uniform Relocation Assistance and Real Property acquisition Policy Act (URA) of 1970, as amended, 49 CFR, in accordance with federal and local regulations when attempting to or acquiring any building or parcel of land. 'Recipient" will be required to obtain written approval for the "Administrator" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. 2. Payments. "Administrator" shall pay to the "Recipient" the total sum of EIGHTEEN THOUSAND NINE-HUNDRED EIGHTY-THREE AND NO/100 ($18.983) DOLLARS, for the term of this MOU. Payments shall be in the form of reimbursements and shall be on a progressive basis, contingent upon certification and acceptance of the work completed by the FIRE DEPARTMENT. 3. Term. This MOU shall commence July 1, 1998 and terminate on June 30, 1999. The Administrator is hereby authorized, with the concurrence of the other parties to this document, to extend the term for a period not to exceed ninety (90) days in order to complete the projects and other obligations required to be performed herein. 4. Use of Funds. The funds paid to "Recipient" shall be issued solely for the purpose(s) set forth in Paragraph "I(b)" of this MOU and in accordance with the budget submitted by 'Recipient" with its application for this grant, and approved by the Administrator. Funds shall be used for purpose(s) authorized by the CDBG Program only, and no portion of the funds granted hereby shall be used for any purpose(s) not specifically authorized by this MOU. A variation in the itemization of costs, as set forth in the proposed budget submitted to "Administrator", not to exceed ten percent (10%) as to any particular line item, shall be allowed provided the prior written approval of the Administrator of the Economic Development Agency is obtained, it being understood that the total amount of the grant shall not be varied thereby. Furthermore, the "Recipient" shall immediately inform the Administrator, in writing, should there by any material change in the cost and time schedule for completion of an approved program/project. All funds are to be utilized within the time period covered by this MOU, and any funds not used shall revert to the "Administrator". Any excess funds that are result of cost savings may only be used for the approved scope of work and may not be applied toward new projects or other CDBG funded projects. No reserve for the future shall be established with the funds except as may be authorized by the "Administrator" to meet commitments made for services provided during the period of this MOU, but not yet paid for at the conclusion of this MOU. Under no circumstances will reimbursements be made for work initiated prior to execution of this memorandum. 5. Services Available to Residents; Monitoring and Reporting Program Performance The services of the 'Recipient" shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied services because of race, color, national origin, creed, sex, marital status, or physical handicap. "Recipient" shall comply with DAD:bnw:ci mou 98-241 Revised:09/15/98(98-241) Page-2- Affirmative Action guidelines in its employments practices. "Recipient" shall also monitor the program's/project's activities and report on its performance to "Administrator" annually, or more often if requested by "Administrator", in accordance with CDBG regulations 24 CFR, Part 58. 6. Procurement Practices. "Recipient" shall comply with procurement procedures and guidelines established by CDBG regulations 24 CFR, Part 85. All procurement transactions, without regard to dollar value, shall be conducted in a manner so as to provide minimum open and free competition. The "Recipient" shall be alert to organizational conflicts of interest or non-competition or otherwise restrain trade. "Recipient" agrees to adhere to conflict of interest provisions set forth in 24 CFR, Section 570.611 and to the procurement rules specified in CDBG regulations set forth in 24 CFR, Part 85, in its expenditure of all funds received under this MOU. 7. Anti-Kick Back Provision; Equal Employment Opportunity. All contracts for the construction or repair using funds provided under this MOU shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 USC 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. "Recipient" shall report all suspected or reported violations to City. All contracts in excess of$10,000 entered into by "Recipient" using funds provided under this MOU shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order 11246, as amended and 24 CFR, Part 135, Section 135.38. 8. Prevailing Wage Requirement. Any construction contracts awarded by "Recipient" using funds provided under this MOU in excess of$2,000 shall include a provision for compliance with the Davies-Bacon Act (940 USC 276 (a7)), 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 that the minimum wage specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. "Recipient" shall place a copy of the current minimum wage determination in public view. "Recipient" shall report all suspected or reported violations to the Economic Development Agency of the City of San Bernardino. 9. Approval of Agency of any Charges. "Administrator" reserves the right to require "Recipient" to obtain the prior approval of the Mayor and Common Council of any charges or fees to be charged by "Recipient" for services provided under this MOU, and of any rules and regulations governing the provision of services hereunder. DAD:bnw:ci mou 98-241 Revised:09/15/98(98-241) Page-3- 10. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this MOU shall be retained for a period of three (3)years, and in the event or until and unless any of litigation, claims and audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this MOU shall be retained for three (3) years after the final deposition of such property. 11. Termination for Convenience. "Administrator" or Recipient" may terminate this MOU in whole or in part provided that either parties agree that the continuation of the program/project would not produce beneficial results commensurate with the 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 termination, the portion to be terminated. The 'Recipient" shall not incur new obligations for the terminated portion after the effective date and shall cancel any outstanding obligations as soon as possible. "Administrator" shall allow 'Recipient" full credit for the "Administrator" share of the non-cancelable obligations properiy incurred by the 'Recipient" prior to termination. DAD:bnw:ci mou 98-241 Revised:09/15/98(98-241) Page-4- IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first herein above written, as an internal, "inter-departmental" MOU. RECIPIENT qS Name Date Title V ADMINISTRATOR f � RONALD E. NVINKLER, Director Date Development Department DAD:bnw:ci mou 98-241 Revised:09/15!98(98-241) Page-5- EXHIBIT A SCOPE OF SERVICES 1. These funds will be applied to the present Fire Code Enforcement/Prevention officer. Basic duties are examining industrial, commercial, and residential properties to determine compliance with appropriate fire prevention codes, regulations and standards. 2. The cost of the project shall not exceed $18,983. DAD:bnw:ci mou 98-241 ReNised:09/15/98(98-241) Page-6- EXHIBIT B PROGRAM BUDGET Project Budget CITY CDBG Other Total Per Category Capital Improvements $18,983 TOTAL $18,983 DAD:bnw:ci mou 98-241 Revised:09/15/98(98-241) Page-7- I CITY OF SAN BERNARDINO COPY ECONOMIC DEVELOPMENT AGENCY MEMORANDUM OF UNDERSTANDING CDBG-Funded Capital Improvement/ Rehabilitation Projects THIS MEMORANDUM OF UNDERSTANDING, hereinafter"MOU", is entered into effective as of July 1, 1998, at San Bernardino, California, between the Development Department, a department of the Economic Development Agency and the Executive Director, the Community Development Block Grant Program Administrator, hereinafter "_administrator", and CODE COMPLIANCE DIVISION, a department or division of the City of San Bernardino, referred to as "Recipient". ADMINISTRATOR AND RECIPIENT AGREE AS follows: 1. Recitals. a. "Recipient" has been awarded financial assistance from "Administrator" for Fiscal Year 1998/1999=from funds available through the U.S. Department of Housing and Urban Development's Community Development Block Grant, hereinafter CDBG, Program, . Although no formal written agreement between Departments or Division is required, it is deemed beneficial that the obligations of"Recipient" be spelled out clearly to avoid program management and audit problems. b. "Recipient" represents that the expenditures authorized by this MOU and attachment "A" thereto is for DEMOLITION PROJECT, which is for valid community development purposes, in accordance with federal laws and regulations, and that all funds granted under this MOU will be used for no purpose(s) other than those purpose(s) specifically authorized. C. "Recipient" further agrees and assures that, prior to the expenditure of funds granted under this MOU, compliance with federal regulations, specifically 24 CFR, Part 58, entitled "Environmental Review Requirements", will be adhered to and evidence thereof shall be provided to "Administrator", when applicable. d. Costs incurred or monies expended prior to compliance with federal regulations 24, CFR, Part 58, will considered unallowable costs under this MOU. e. "Recipient" agrees to provide the "Administrator" with written reports of its activities on or before the tenth (10) day of October, January, April and July of any given program year for the previous three (3) month period, in addition to a final report when this MOU terminates. All reports shall include information on program/project activities, accomplishments, new program/project information and current program/project statistics on expenditures, case loads, and activities of the reporting period. DAD:bnw:ci mou 98-242 Page-I- Revised:09/15/98(98-242) f. "Recipient" will comply with requirements set forth in the Uniform Relocation Assistance and Real Property acquisition Policy Act (URA) of 1970, as amended, 49 CFR, in accordance with federal and local regulations when attempting to or acquiring any building or parcel of land. "Recipient" will be required to obtain written approval for the "Administrator" prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. 2. Payments. "Administrator" shall pay to the "Recipient" the total sum of TWO HUNDRED FIFTY THOUSAND DOLLARS AND NO/100 ($250.000). for the term of this MOU. Payments shall be in the form of reimbursements and shall be on a progressive basis, contingent upon certification and acceptance of the work completed by the CODE COMPLIANCE DIVISION. 3. Term. This MOU shall commence July 1. 1998 and terminate on June 30, 1999. The Administrator is hereby authorized, with the concurrence of the other parties to this document, to extend the term for a period not to exceed ninety (90) days in order to complete the projects and other obligations required to be performed herein. 4. Use of Funds. The funds paid to "Recipient" shall be issued solely for the purpose(s) set forth in Paragraph "I(b)" of this MOU and in accordance with the budget submitted by 'Recipient" with its application for this grant, and approved by the Administrator. Funds shall be used for purpose(s) authorized by the CDBG Program only, and no portion of the funds granted hereby shall be used for any purpose(s) not specifically authorized by this MOU. A variation in the itemization of costs, as set forth in the proposed budget submitted to "Administrator", not to exceed ten percent (10%) as to any particular line item, shall be allowed provided the prior written approval of the Administrator of the Economic Development Agency is obtained, it being understood that the total amount of the grant shall not be varied thereby. Furthermore, the "Recipient" shall immediately inform the Administrator, in writing, should there by any material change in the cost and time schedule for completion of an approved program/project. All funds are to be utilized within the time period covered by this MOU, and any funds not used shall revert to the "Administrator". Any excess funds that are result of cost savings may only be used for the approved scope of work and may not be applied toward new projects or other CDBG funded projects. No reserve for the future shall be established with the funds except as may be authorized by the "Administrator" to meet commitments made for services provided during the period of this MOU, but not yet paid for at the conclusion of this MOU. Under no circumstances will reimbursements be made for work initiated prior to execution of this memorandum. 5. Services Available to Residents: Monitoring and Resorting Program Performance The services of the 'Recipient" shall be made available to residents and inhabitants of the City of San Bernardino. No person shall be denied services because of race, color, national origin, creed, sex, marital status, or physical handicap. 'Recipient" shall comply with DAD:bnw:ci mou 98-242 Page-2- Revised:09/15/98(98-242) Affirmative Action guidelines in its employments practices. "Recipient" shall also monitor the program's/project's activities and report on its performance to "Administrator" annually, or more often if requested by "Administrator", in accordance with CDBG regulations 24 CFR, Part 58. 6. Procurement Practices. "Recipient" shall comply with procurement procedures and guidelines established by CDBG regulations 24 CFR, Part 85. All procurement transactions, without regard to dollar value, shall be conducted in a manner so as to provide minimum open and free competition. The "Recipient" shall be alert to organizational conflicts of interest or non-competition or otherwise restrain trade. "Recipient" agrees to adhere to conflict of interest provisions set forth in 24 CFR, Section 570.611 and to the procurement rules specified in CDBG regulations set forth in 24 CFR, Part 85, in its expenditure of all funds received under this MOU. 7. Anti-Kick Back Provision; Equal Employment Opportunity. All contracts for the construction or repair using funds provided under this MOU shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 USC 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. "Recipient" shall report all suspected or reported violations to City. All contracts in excess of$10,000 entered into by "Recipient" using funds provided under this MOU shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order 11246, as amended and 24 CFR, Part 135, Section 135.38. 8. Prevailing Wage Requirement. Any construction contracts awarded by "Recipient" using funds provided under this MOU in excess of$2,000 shall include a provision for compliance with the Davies-Bacon Act (940 USC 276 (0)), 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 that the minimum wage specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. "Recipient" shall place a copy of the current minimum wage determination in public view. "Recipient" shall report all suspected or reported violations to the Economic Development Agency of the City of San Bernardino. 9. Approval of Agency of any Charges. "Administrator" reserves the right to require "Recipient" to obtain the prior approval of the Mayor and Common Council of any charges or fees to be charged by "Recipient" for services provided under this MOU, and of any rules and regulations governing the provision of services hereunder. DAD:bnw:ci mou 98-242 Page-3- Revised:09/15/98(98-242) 10. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this MOU shall be retained for a period of three (3)years, and in the event or until and unless any of litigation, claims and audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this MOU shall be retained for three (3) years after the final deposition of such property. 11. Termination for Convenience. "Administrator" or Recipient" may terminate this MOU in whole or in part provided that either parties agree that the continuation of the program/project would not produce beneficial results commensurate with the 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 termination, the portion to be terminated. The "Recipient" shall not incur new obligations for the terminated portion after the effective date and shall cancel any outstanding obligations as soon as possible. "Administrator" shall allow "Recipient" full credit for the "Administrator" share of the non-cancelable obligations properly incurred by the "Recipient" prior to termination. DAD:bnw:ci mou 98-242 Page-4- Revised:09115;98(98-242) IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first herein above written, as an internal, "inter-departmental" MOU. RECIPIENT Name Date Title ADMINISTRATOR f. RONALD t. WINKLER, Director Date Development Department DAD:bnw:ci mou 98-242 Page-5- Revised:09/15/98(98-242) EXHIBIT A _ --- - - _ _u_ SCOPE OF SERVICES I. Funds will be used to complete site specific environmental reviews, when needed, and to demolish vacant residential and commercial buildings that have been cited for code compliance violations and meet spot slum and blight criteria, but are not cost effective for rehabilitation. 2. The cost of the project shall not exceed $250,000. DAD:bnw:ci mou 98-242 Page-6- Revised:09/15/98(98-242) EXHIBIT B PROGRAM BUDGET Project Budget CITY CDBG Other Total Per Category Capital Improvements $250,000 TOTAL $250,000 DAD:bnw:ci mou 98-242 Page-7- Revised:09/15/98(98-242) 1 CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT FOR PUBLIC SERVICES THIS AGREEMENT is entered into effective as of September 1. 1998 , at San Bernardino, California, between the City of San Bernardino, a municipal corporation, referred to as "City", and Fair Housing Council of San Bernardino , a nonprofit community service organization, referred to as "Subrecipient". City and Subrecipient agree as follows: 1. RECITALS (a) Subrecipient has requested financial assistance from City for fiscal year 1997/1998, from funds available through the U.S. Department of Housing and Urban Development- Community Development Block Grant Program. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the Fair Housing Requirements which is a 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. Proposal application which defines the scope of services can be attached as a supplemental reference. (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 responsibilities of the Grantee as described in 24 CFR, Part 570.604, and; (ii)the Subrecipient does not assume the Grantee's responsibilities 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 Agency Administrator prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended. DAD:tnt:Fair Housing 1 98-301 t Rev. W03/98 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 TWENTY FOUR THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($24,600.00). Changes or modifications to the identified scope of services or term of agreement will not be allowed without written consent of the Agency Administrator of the Economic Development Agency of the City of San Bernardino, or designee. 3. TERNI This Agreement shall commence September 1, 1998, and terminate June 30, 1999. The Agency Administrator is hereby authorized with the concurrence of the other parties to this document to extend the term for a period not to exceed 90 days in order to complete the projects and other obligations required to be performed herein. The contract will be for a twelve (12) month period, renewable each year for up to three years, subject to satisfactory performance and continued availability of federal funds. 4. USE OF FUNDS; BUDGET; TRAVEL LIMITATION (a) The funds paid to Subrecipient shall be used 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 Development Department of the Economic Development Agency of the City of San Bernardino, a copy of which may be attached, in part or in whole, to this Agreement as Exhibit "B". The comprehensive budget, included in the application, shall list all sources of funding for the program and Agency 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 project unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from fund 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 Agency Administrator of the Economic Development Agency of the City of San Bernardino hereafter referred as "Agency Administrator, 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 other 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 DAD:tnt:Fair Housing 2 98-301 Rev. 09/03/98 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 of the "Agency Administrator" to modify 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%) shall be allowed, provided that the prior written approval of the "Agency Administrator" 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 fund 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 "Agency Administrator" 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 "Agency Administrator", Subrecipient shall submit to the Administrator 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, 1999. (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 Department of Housing and Urban Development 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. DAD:taffair Housing 3 98-301 Rev. 09/03%98 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. (e) Subrecipient will be required to submit an audited financial statement during the monitoring visit by the City. 6. SERVICES AVAILABLE TO RESIDENTS. 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. 7. MONITORING AND REPORTING PROGRAM PERFORMANCE. Subrecipient shall monitor the program's activities and submit written reports quarterly, or more often if requested, to the Agency Administrator of the Economic Development Agency, 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"12" hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the "Agency Administrator" that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City. 8. PROCUREMENT PRACTICES; 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 Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among DAD:tnt:Fair Housing 4 98-301 Rev. 09103/98 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. 9. 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 and 24 CFR, Part 135, Section 135.38. 10. 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. 11. CITY APPROVAL 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 prior written City approval 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, DAD:tritTair Housing 5 98-301 Rev. 09/03/98 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, 1998). 12. TEMPORARY WITHHOLDING The "Agency Administrator" is authorized to temporarily withhold the payment of funds to Subrecipient when the "Agency Administrator" determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Administrator. Subrecipient shall have the right to appeal the decision of the Administrator 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. 13. 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. 14. 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 or 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. 15. 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 DAD:tnt:Fair Housing 6 98-301 Rev. 09/03/98 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. CITY OF SAN BERNARDINO 1 , Execut 'e 6ir-ecIry Ili JUDITH VALLES, Mayor City of San Bernardino Board President ATTEST Secretary 0 RACHEL CLARK, City Clerk City of San Bernardino "jm6l'u- k' 4ait Approved as to Form and Legal Content: JAMES F. PENMAN, City Attorney By: � . r v DADtiffair Housing 10 98-301 Rev. 09/03/98 EXHIBIT A l......:i'tii:?J..... ........:':;i': :::ii::i: :::: SCOPE OF SERVICES A. Education (,Public) 1. Conduct free public area workshops to be held twice a year, November and April. 2. Conduct Fair Housing courses in Senior High Schools for Students on request. 3. Provide services that are designed to further the objectives of Title VIII of the Civil Rights Act of 1968 by making persons of all races, colors, religions, sexes and national origins aware of the range of housing opportunities available to them in the City. B. Property Owners 1. Provide Apartment Owners Association CRE courses on Fair Housing for owners, property management companies, and on site managers as requested. 2. Participate in special events or presentations. 3. Disseminate fair housing posters, when available, for business offices. 4. Disseminate the Fair Housing Quarterly, updating owners and managers on their rights and responsibilities. C. Mobilehome Park Owners/Residents 1. Provide update workshops on HUD's self-certification in regards to the 55+ mobilehome parks. D. Realtors 1. Provide workshops on request for the Association(s) of Realtors. E. Municipality 1. Provide fair housing seminars to appropriate staff to update them on current laws and decisions, as requested. 2. Provide technical assistance on housing issues. F. Lenders 1. Fair lending technical advisor. 2. CRA—program developments with lenders. 3. HMDA information data on specific lenders, be compiled on request. G. News_ apers 1. Review housing ads for discrimination. 2. Provide workshops for classified ad departments as requested. DAD:tnt:Fair Housing 11 98-301 Rev. 09/03/98 H. Outreach 1. Mass Media a. Radio 1. Spanish— regular live hours shows: KNSE-AM, KCAL- AM, KDIF-AM, KZSS-AM. 2. Public announcements for Fair Housing workshops in most county-wide stations. b. Television 1. Guest spots on local cable interview shows. 2. Public announcements for Fair Housing workshops in most county-wide cable stations. C. Newspapers 1. Advertising for fair housing workshops. 2. Feature stories on fair housing month. 3. Community service articles. 4. Housing Associations' Journal articles/advertising. d. Public Appearances 1. Service clubs as requested. 2. Provide presentations to any civic or private agencies as requested. e. Brochure Distribution 1. Send to public and private agencies for client dissemination. I. Enforcement A. Counsel complaining individuals with housing problems on their civil rights under both the Federal and State Fair Housing laws. B. Accept complaints from individuals alleging discrimination in housing. C. Implement and maintain a daily telephone"hotline" service and a 24- hour call back, "warm line" service to receive complaints. D. Test for discrimination on the bona fide complaint(s) or make an effort to negotiate or mediate alleged cases of discrimination. Refer cases to and coordinate with the State Department of Fair Employment and Housing, HUD Fair Housing, or appropriate attorneys, until cases are resolved. DAD:trrt:Fair Housing 12 98-301 Rev. MOM EXHIBIT B PROGRAM BUDGET .......... ... ............... .... ............... . . . . ........... ...............-----------......... ........ . . ... .....................------- ..... ................................................ ...... ............ ...... ... .... ...... . .... ...... ...... .. ... ...... . .... ... U ... ......... ........ ............ Public Services Capital Improvements Other $24,600 TOTAL $24,600 DAD:tnt:Fair Housing 13 98-301 Rev. 09/03/98 EXHIBIT C CITY OF SAN BERNARDINO DEVELOPMENT DEPARTMENT "Certification and Assurance" (To Accompany CDBG Agreement) I, MARY IRVING, EXECUTIVE DIRECTOR , of the (Name and Title of Official) FAIR HOUSING COUNCIL OF SAN BERNARDINO COUNTY, INC. located at (Name of Agency/Organization) 715 N ARROWHEAD AVE., SUITE 114, SAN BERNARDINO CA 92412 do hereby (Address of Agency/Organization) make the following certification and assurance to accompany the Community Development Block Grant Agreement between FAIR HOUSING COUNCIL OF SAN BERNARDINO CO_UNTY, INC. and the (Name of Agency/Organization) City of San Bernardino: a) Certify that the information handout for CDBG Program requirements has been read and understood, and b) Assure that the FAIR HOUSING COUNCIL OF SAN BDNO CTY, INC. will (.Name of Agency/Organization) comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. lgnature of ffi al Date DADv. d:Fair Housing 14 98-301 Rev. 09/03/98