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HomeMy WebLinkAbout17-Community Development . : city OF SAN DER_ ..ARDINO ~EQUEST ,lOR COUNCIL ACTION From: Kenneth J. Herderson, Director Subject: APE'.9JVAL OF FY 1989/1990 CDBG l\GREEMENl' titi'.L'WJ:itil'l CITY AND THE CE:Nl'ER FOR CXlMMCNITY CX)tJNSELllG AND EDUCATION Dept: Community Development Date: February 13, 1990 Synopsis of Previous Council action: On February 20, 1989, the Mayor am CuuIlLLJJ1 council adopted the FY 1989/1990 COg:; Program Mix. ']he Program Mix contained an authorized anount of $339,000 for the Appropriated Resel:Ve AccoUnt for consideration of mid-year funded projects. On June 5, 1989, the Mayor am c::amm:m council considered am approved the FY 1989/1990 COg:; eligible programs, projects am activities. Recommended motion: AOOPT RESOWl'ION ~ ~~;gn'M' Contact person: Ken Herderson/Ed Flores Phone: 5065 Supporting data attached: staff Report Ward: 2 FUNDING REQUIREMENTS: Amount: $7,895.00 121-544-57755 Source: (Acct. No.) APPROPRIATED ~.t;KVE (Acct. DescriPtion) Finance: CLLJ )J ~ Council Notes: Anann::li l't~m Nn l7 " CITY OF SAN BEA-.4ARDINO - REQUEST .~OR COUNCIL ACTION STAFF REPORT I)Jr~ the FY 1989/1990 furrli.rg cycle, the Center for Cammmity Counsel~ am Fducation submitted a proposal for the purpose of retrofitt~ the system at the Center. '!he COCAC decided not to rec:cmnerrl furrli.rg as the lease agreement of the build.i.m with the City was scheduled to expire in June of 1990, thereby ~ the proposal ineligible umer federal regulations for governm:mt owned buildings. With the extension of the lease agreement recently renewed by the Mayor am Ccmocln Council (Resolution Number 89-463) , the proposal ncM qualifies for furrli.rg consideration. '!he proposal specifically requests CJ:)B; furrli.rg to retrofit the Center's heating am ai.r-corxtitionin;J system. '!he current system is over forty (40) years of age am does not provide sufficient heat~ or ai.r-corxtitionin;J to OOIler the CXlUJ'1Sel~ roc:ms. I)Jr~ winter, the roc:ms get bitterly cold, am in the SUIllller the temperature rises to approximately 115 degrees in the build.i.m. '!he installation of a new heating am ai.r-corxtitionin;J system would provide the necessary canfort levels to aco --date those in:iividuals receiv~ ootpatient COln'lSelirg am services for substance and/or alcohol abuse. On December 14, 1989, the Center for r.nmrmlTlity Ccunselirg am Fduca- tion (AGAPE House) submitted a proposal for furrli.rg assistance to retrofit the exi.stirg heating am ai.r-corxtitionin;J system am re- place, where necessary, said system. '!he AGAPE House Center 0pe- rates as a charitable organization for the pn:pose of provi.din;J educational am scientific research. '!he organization was specifi- cally established to aa;IUire, :i.Jlplement am operate human service pr\.YLCullS which ~ss drug abuse, education, am referral services. '!he agency utilizes professional am para-professional assistance in the prevention am rehabilitation of drug depenjent for residents of the City of san Bemardino am un:irxx>l:pOrated areas of the COlmty. On February 8, 1990, staff submitted said proposal to the Cammmity Developnent Citizen Advisory Ccmnittee for consideration am appro- val of the project. '!he ccmmmity Devel~tt Citizen Advisory Ccmnittee (COCAC) rec:c:.mrnerxie approval to the Mayor am o.""o"\T} Council for furrli.rg of the proposal submitted by the Center for C'nmnnlTlity Ccunselirg am Fducation. I l:'E:u..1wu.ern adoption of the attached resolution. ~~~~ IOH/lab/3699 attachments 2/13/90 ..,~ n"~J1 . . RESOLUTION NUMBER 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT 3 FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE CENTER FOR COMMUNITY COUNSELING AND EDUCATION 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 section 1. 7 The Mayor of the City of San Bernardino is hereby authorized 8 and directed to execute, on behalf of the City, an agreement for 9 Community Development Block Grant funding with the Center for 10 Community Counseling and Education, which agreement is attached 11 hereto as Exhibit "l", and is incorporated herein by reference 12 as though fully set forth at length. The agreement provides for 13 the granting of Community Development Block Grant funds in the 14 following amount of $7,895.00. 15 section 2. 16 The authorizations to execute the above referenced agreement 17 is rescinded if the parties to the agreement fail to execute it 18 within sixty (60) sixty days of the passage of this resolution. 19 I HEREBY CERTIFY that the foregoing resolution was duly 20 adopted by the Mayor and Common Council of the City of San meeting thereof, held on the , 1990 by the following vote, to 1 . . RESOLUTIO~ ~F THE CITY OF SAN BERNARD~~O AUTHORIZING THE EXECUTION OF A CDBG AGREEMENT BETWEEN CITY AND THE CENTER FOR COMMUNITY COUNSELING AND EDUCATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 councilpersons AYES: NAYES: ABSENT: City Clerk The foregoing resolution is hereby approved this ____day of , 1989. W.R. "BOB" HOLCOMB, MAYOR City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney BY:}r-- J'P e--- KJ~b/3697 2-12-90 2 ,. . I. 1 2 3 THIS AGREEMENT is entered into effective as of this 4 of , 1990, at San Bernardino, California, 5 between the CITY OF SAN BERNARDINO, a municipal corporation, 6 referred to as "City", and the CENTER FOR COMMUNITY COUNSELING 7 AND EDUCATION, a non-profit community service organization, 8 referred to as "subrecipient". 9 city and Subrecipient agree as follows: 10 1. Recitals. 11 (a) Subrecipient has requested financial assistance 12 from City for fiscal year 1989/1990 from funds available through 13 the Community Development Block Grant Program from the united 14 states of America to city. 15 (b) Subrecipient represents that the expenditures 16 authorized by this agreement are for valid and eligible com- 17 munity development purposes, as defined in 24 CFR, Part 570 in 18 accordance with federal law and regulations, and that all funds 19 granted under this agreement will be used for no purpose(s) 20 other than those purposes specifically authorized. The specific 21 purposes and scope of services of this particular grant are set 22 forth in Exhibit "A", attached hereto and incorporated into this 23 agreement as though fully set forth herein. 24 (c) Subrecipient will comply with applicable uniform 25 administrative requirements, as described in 24 CFR, Part ~g.R~~H~I!~ day 26 570.502. 27 28 EXHIBIT "1" 2-12-90 -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , .. .. 1 by line-item, to the extent practicable. 2 (b) No travel expenses for out-of-state travel shall 3 be included in this program unless specifically listed in the 4 budget as submitted and approved, and all travel expenses to be 5 funded from funds provided hereunder shall be specifically iden- 6 tified as travel expenses, which shall be negotiated between the 7 City of San Bernardino Community Development Department and Sub- 8 recipient in the budget. Any travel expenses incurred by Subre- 9 cipient above the budgeted amount or for out-of-state travel 10 shall not be eligible for reimbursement unless the prior written I 11 approval of the Director of Community Development of the City of 12 San Bernardino, or his/her designee, has been obtained. 13 (c) Funds shall be used for purposes authorized by the 14 Community Development Block Grant Program only, and no portion 15 of the funds granted hereby shall be used for any purpose(s) not 16 specifically authorized by this agreement. 17 (d) Only net payroll shall be periodically reimbursed 18 by City as an allowable cost. Reimbursement payroll shall in- 19 clude those hours duly authorized by the appropriate authority 20 within Subrecipient's organization and, shall include funds 21 actually received by payee. Any amounts withheld by Subreci 22 pient from an employee's paycheck for taxes, social security, or 23 other withholding and not immediately paid over to another en- 24 tity, shall not be included as wages or expenses eligible for 25 reimbursement as an allowable cost until such time as the with- 26 held taxes, social security, or other withholdings are actually 27 paid over to another entity entitled to such payment. Upon such 28 2-12-90 -3- , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 payment and the submission of evidence of such payment to the City of San Bernardino Community Development Department, such expenses shall be regarded as an allowable cost, and the City shall reimburse Subrecipient for such obligation. (e) Subrecipient shall be allowed, with the prior written approval of the Community Development Department of the city of San Bernardino, to make changes in the budget during the first three (3) quarters of the fiscal year, so long as Subreci- pient is in compliance with section "2" of this agreement at the time of submission of the budget modification request. A varia- tion in the itemization of costs, as set forth in the budget submitted to City by Subrecipient, not to exceed ten percent (10%) as to any particular line item, shall be allowed provided that the prior written approval of the Director of Community Development of the City of San Bernardino is obtained, it being understood that the total amount of the grant shall not be varied thereby. (f) The parties intend that grant funds be utilized within the time period covered by this agreement, and entitle- ment to any funds not expended or obligated shall revert to the City. No reserve for the future shall be established with the funds except as may be authorized to meet commitments made for services provided during the period of this agreement, but not yet paid for at the conclusion of this agreement. (g) Subrecipient shall remain in compliance with all state, federal and local laws prior to the receipt of any reim- bursement hereunder. This includes, but is not limited to, all laws and regulations relative to the fO,rm of organization, local 2-12-90 -4- , ' 1 business licenses and any laws and regulations specific to the 2 business and activity carried out by Subrecipient. 3 5. Accountina: Audit. 4 (a) Prior to the final payment under this agreement, 5 and at such other times as may be requested by the Director of 6 Community Development of the City of San Bernardino, Subreci- 7 pient shall submit to the Director an accounting of the proposed 8 and actual expenditures of all revenues from whatever source 9 accruing to the organization for the fiscal year ending 10 June 30 , 1990. 11 (b) Financial records shall be maintained by Subreci- 12 pient in accordance with Generally Accepted Accounting Princi- 13 ples, and in a manner which permits city to trace the expendi- 14 tures of funds to source documentation. All books and records 15 of Subrecipient are to be kept open for inspection at any time 16 during the business day by the City, its officers or agents, and 17 by any representative of the United States of America authorized 18 to audit community development block grant programs. 19 (c) Standards for financial management systems and 20 financial reporting requirements established by 24 CFR, Parts 21 85.20 and 85.22 shall be fully complied with by Subrecipient. 22 Subrecipient acknowledges that the funds provided are federal 23 funds. 24 (d) Subrecipient's financial management system shall 25 provide for accurate, current and complete disclosure of the 26 financial results of each program sponsored by this agreement. 27 It is the responsibility of Subrecipient to adequately safeguard 28 2-12-90 -5- , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 all assets of the program, and Subrecipient shall assure that they are used solely for authorized purposes. (e) In addition to the foregoing, Subrecipient shall at its own expense have the City-funded portion of its program audited annually, and provide to city a copy of the audit report within sixty (60) days after receipt of the report by Subreci- pient. Such audit must be performed by a certified Public Accountant or some other independent auditor approved in advance by the city's Director of the Community Development. 6. Services Available to Residents: Monitorina and ReDort- ina Proaram 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 ser- vice because of race, color, national origin, creed, sex, mari- tal status, or physical handicap. Subrecipient shall comply with Affirmative Action guidelines in its employment practices. Subrecipient shall also monitor the program's activities and submit written reports quarterly, or more often if requested, to the Director of community Development of the city of San Bernar- dino, in accordance with 24 CFR, Part 85.41(c) (d), and Part 85.21. Failure to provide such quarterly performance reports constitutes a violation of this agreement. Further, the proces- sing by City of Subrecipient's requests for reimbursement shall be halted following such breach, and shall subject Subrecipient to 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, up~n a finding by the 2-12-90 -6- .. . . ~ 1 Director of Community Development that such failure was due to 2 extraordinary circumstances and that such breach has been timely 3 cured without prejudice to the City. 4 7. Procurement Practices: Conflict of Interest. 5 Subrecipient shall comply with procurement procedures 6 and guidelines established by 24 CFR, Part 85.36(d) (1), Subreci- 7 pient "Procurement standards". In addition to the specific re- 8 quirements of 24 CFR, Part 85, Subrecipient shall maintain a 9 code or standards of conduct which shall govern the performance 10 of its officers, employees or agents in contracting with and 11 expending the federal grant funds made available to Subrecipient 12 under this agreement. Subrecipient1s officers, employees or 13 agents shall neither solicit nor accept gratuities, favors, or 14 anything of monetary value from contractors or potential con- 15 tractors. To the extent permissab1e by state law, rules, and 16 regulations, the standards adopted by Subrecipient shall provide 17 for penalties, sanctions or other disciplinary actions to be 18 applied for violations of such standards by either the Subreci- 19 pient1s officers, employees or agents, or by contractors or its 20 agents. Subrecipient shall provide a copy of the code or stan- 21 dards adopted to City forthwith. Subrecipient shall undertake 22 informal procurement methods for purchases that do not cost more 23 than $25,000.00, in the aggregate, which call for price or rate 24 quotations from an adequate number of qualified sources. The 25 Subrecipient shall be alert to organizational conflicts of in- 26 terest or non-competitive practices among contractors which may 27 restrict or eliminate competition or otherwise restrain trade. 28 2-12-90 -7- , ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Subrecipient agrees to adhere to conflict of interest provisions set forth in 24 CFR, Part 570.611 and to the procurement rules set forth in 24 CFR, Part 85.36, in its expenditure of all funds received under this agreement. 8. Anti-Kick Back provisions: Eaua1 EmDlovment ODDor- tunitv. 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 comp- liance with Equal Employment Opportunity provisions established by Executive Order Number 11246, as amended. 9. Prevai1inQ Waqe Reauirement. Any construction contracts awarded by Subrecipient using funds provided under this agreement in excess of $2,000.00 shall include a provision for compliance with the Davis-Bacon Act (40.U.S.C. 276(a) to 276(a) 7) and as supplemented by the Department of Labor Regulations (29 CFR). Under this Act, contractors shall be required to pay wages to laborers and mech anics at a rate not less than the minimum wages specified in a 2-12-90 -8- . ' 1 wage determination made by the Secretary of Labor. In addition, 2 contractors shall be required to pay wages not less often than 3 once a week. Subrecipient shall place a copy of the current 4 prevailing wage determination issued by the Department of Labor 5 in each solicitation and the award of a contract shall becondi- 6 tioned upon the acceptance of the wage determination. Subreci- 7 pient shall report all suspected or reported violations to city. 8 10. ADDrova1 of city of any Charaes: Use of proaram 9 Income. 10 (a) City hereby requires Subrecipient to notify the 11 City, in writing, of its intent to change a fee for any service, 12 the provision of which is assessed pursuant to this agreement. 13 City requiresSubrecipient to obtain the prior written approval 14 of City for any charges or fees to be charged by Subrecipient 15 for such services, (and of any rules and regulations governing 16 the provision of services hereunder). 17 (b) Program income represents gross income received by 18 the Subrecipient directly generated from the use of the funds 19 provided hereunder. Such earnings include interest earned on 20 advances and may include, but will not be limited to, income 21 from service fees, sale of commodities, usage and rental fees 22 for real or personal property purchased using the funds provided 23 by this agreement. As to such income, it shall be first applied 24 to eligible program activities, before requests for reimburse- 25 ment and, in the use, shall be subject to all applicable provi- 26 sions of this agreement. Income not so applied shall be remit- 27 ted to city. Subrecipient shall remit all unspent program in- 28 2-12-90 -9- , , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 ~ 26 27 28 come to the city within thirty (30) days subsequent to the end of the program year (June 30, 1990). 11. Temporary withho1dinQ. The Director of Community Development of the city of San Bernardino is authorized to 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 notice of 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 Subre- cipient for a period of three (3) years, at a minimum, and in the event of litigation, claim or audit, the records shall be retained until all litigation, claims and audit findings involv- ing the records, have been fully resolved. Records for non- expendable property acquired with federal funds provided under this agreement shall be retained for three (3) years after the final disposition of such property. 13. Property Manaqement Standards. Non-expendable personal proper~y, for the purposes of 2-12-90 -10- , ' 1 this agreement, is defined as tangible personal property pur- 2 chased in whole or in part with funds provided under this agree- 3 ment, which has a useful life of more than one (1) year and an 4 acquisition cost of one-thousand dollars ($1,000.00), or more 5 per unit. Real property means land, including land improve- 6 ments, structures and appurtenances thereto, excluding movable 7 machinery and equipment. Non-expendable personal property and 8 real property purchased with or improved by funds provided under 9 this agreement shall be subject to the property management stan- 10 dards set forth in 24 CFR, Part 85.32. 11 14. Termination for Cause. 12 (a) City reserves the right to terminate this agree- 13 ment in accordance with 24 CFR, Part 85.43, and any and all 14 grants and future payments under this agreement, in whole or in 15 part, at any time before the date of completion of this agree- 16 ment whenever City determines that the Subrecipient has materi- 17 ally failed to comply with the terms and conditions of this 18 agreement. In the event City seeks to terminate this agreement 19 for cause, City shall promptly notify the Subrecipient in writ- 20 ing of the proposed termination and the reasons therefore, to- 21 gether with the proposed effective date. Subrecipient shall be 22 given an opportunity to appear before the Mayor and Common 23 Council at the time which the Mayor and Common Council are to 24 consider such recommended termination, and shall be given a 25 reasonable opportunity to show cause why, if any exists, the 26 agreement should not be terminated for cause. Upon determina- 27 tion by the Mayor and Common Council that the agreement should 28 2-12-90 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ 23 24 25 26 27 28 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 termi- nation. 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 Community Development Department any and all documentation needed by the Community Development Department to establish a full record of all monies received by Subrecipient and to docu- ment the uses of same. 15. Termination for Convenience. City or Subrecipient may terminate this agreement, in accordance with 24 CFR, Part 85.44, in whole or in part provided both parties agree that the continuation of the project would not produce beneficial results commensurate with further expend- iture of funds. In such event, the parties shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The Subrecipient shall not incur new obligations for the terminated portion after the effective date and shall cancel as many out- standing obligations as possible. City shall allow Subrecipient full credit for the city's share of the non cancellable obligations properly incurred by the Subrecipient prior to termination. 16. Reversion of Assets. Subrecipient agrees that upon expiration of this agree- 2-12-90 -12- 1 ment, the Subrecipient shall transfer to the City any and all 2 CDBG funds not used at the time of expiration and any accounts 3 receivable attributable to the use of CDBG funds. Subrecipient 4 agrees that any real property under its control, which was 5 acquired or improved, in whole or in part, with CDBG funds in 6 excess of $500.00 shall either, (i) be used to meet one (1) of 7 the three (3) national objectives as set forth in 24 CFR, Part 8 570.208 until five (5) years after expiration of the agreement 9 or such period of time as determined appropriate by the City, 10 or: (ii) is disposed of in a manner which results in the City 11 being reimbursed in the amount of the current fair market value 12 of the property less any portion thereof attributable to expend 13 iture of, or improvement to, the property by such reimbursement 14 is not required after the period of time specified in accordance 15 with (i) noted above. 16 17. Hold Harmless. 17 Subrecipient agrees to indemnify, save and hold harm- 18 less the City and its employees and agents from all liabilities 19 and charges, expenses (including counsel fees), suits or losses, 20 however occurring, or damages, arising or growing out of the use 21 of or receipt of funds paid under this agreement and all opera- 22 tions under this agreement. Payments under this agreement are 23 made with the understanding that the City is not involved in the 24 performance of services or other activities of the Subrecipient. 25 Subrecipient and its employees and agents are independent con- 26 tractor and not employees or agents of city. 27 18. Amendment. 28 2-12-90 -13- , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 This agreement may be amended or modified only by writ- ten 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. J.9. Assiqnment. This agreement shall not be assigned by Subrecipient without the prior written consent of city. 20. Notices. All notices herein required shall be in writing and delivered in person or sent certified mail, postage prepaid, addressed as follows: As to City: As to Subrecipient: Director 15 community Development Dept. city Hall, Fifth Floor 16 300 North "D" street San Bernardino, Calif. 924J.8 Dennis Toutant, Director Center for community counseling and Education 607 E. Hiqhland Avenue San Bernardino, Calif. 92404 17 18 2J.. Evidence of Authoritv. 19 Subrecipient shall provide to city evidence in the form 20 of a certified copy of minutes of the governing body of Subreci- 21 pient, or other adequate proof, that this agreement has been 22 approved in all its detail by the governing body of the Subreci- 23 pient, that the person(s) executing it are authorized to act on 24 behalf of Subrecipient, and that this agreement is a binding 25 obligation on Subrecipient. 26 22. certification and Assurance. 27 28 Subrecipient shall comply with the program requirements 2-12-90 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 attached hereto as Exhibit "C" which are incorporated by refer- ence as though fully set forth at length and made a part of this agreement by execution of all certifications and assurances of the CDBG program. 23. Entire Aareement. This agreement and any document or instrument attached hereto or referred to herein integrates all terms and conditions mentioned herein or incidental hereto, and supercedes all nego- tiations and prior writing with 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 in- strument, the terms and conditions of this agreement shall pre- vail. 24. No Third Party Beneficiaries. No third party shall be deemed to have any rights here- under against any of the parties hereto as a result of this agreement. IIII 18 IIII IIII 19 I I I I IIII 20 I I I I IIII 21 I I I I IIII 22 IIII IIII 23 IIII IIII 24 IIII IIII 25 IIII IIII 26 IIII IIII IIII 27 28 2-12-90 -15- CDBG AGREb, _~NT BETWEEN CITY AND CENTE~. FOR COMMUNITY COUNSELING AND EDUCATION 1 2 3 4 5 6 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first hereinabove written. ATTEST: CITY OF SAN BERNARDINO city Clerk W.R. "BOB" HOLCOMB, MAYOR City of San Bernardino 7 8 9 10 11 12 Approved as to form 13 and legal content: 14 JAMES F. PENMAN, City Attorney 15 By: Gr..a-? f ~"-t<_ 16 la~96 17 "- 18 19 20 21 22 23 24 25 26 27 28 2-12-90 -16- SUBRECIPIENT President secretary . > . CDBG PROPOSAL APl Page -2- c) Describe the specific purpose of the project, identify- ing the problems the project is intended to solve: ____ Prnvitlp YPAr-rnllntl rnmfnrt t'n rp~itlpntA nf ~An RprnArtlinn rpc:piving counselin2 for dru2 and alcohol problems. Present heating unit is over 40 years old and does not provide adequate heating. CATION 11%. proiect Benefi~ To be eligible for within at least one gories. Check the qualifies: " CDBG funding, a project must qualify (1) of the three (3) following cate- one (or more) under which the project Benefit to low/moderate income persons (at least fifty-one percent (51') of program/project beneficiaries) . b) Prevention or elimination of slum and blight. a) x c) X Urgent health and safety condition. If category (a) is checked, the following information must be provided: Is your program primarily designed to serve the following: Elderly: Yes No Minority: Yes ~ No Handicapped: Yes-..L "'"'"'NO".=.. --" -- -- ----- Does your program have income eligibilit~ requirements? Yes --I. NO_. What is the project's service area? (Census Tract(s) or Block Group(s)): ..".,t-cdti.. r.Hy nf ~Rn RprnRrtlino What is the total number of benefiting persons within the service area? 2~ Data Source: rH9"tS 99rv..ti in lQRR IV. Non-Profit and For-Profit Oraanizational Information If your organization is a non-profit, attached a copy of your Articles of Incorporation, a list of your board of directors and your current budget, balance sheets or annual report. EXHIBIT "A" ~. ~. . '.: .. Agape House Counseling Center Expense Statement-Summary November 30, 1989 NOVEMBER EXPENSES. Salaries $ 15,933.90 Health insurance 674.22 Payroll tax 1,177.29 Workman's comp 233.38 Unemployment insurance 166.87 Total salaries and benefits $ 18,185.66 Accounting $ 586.20 Advertising -0- Consultant 48.85 "Depreciation 7.50 Insurance 167.39 Miscellaneous -0- O:f:fice 1,184.41 Operating supplies 7.8) Petty cash -0- Postage -0- Print7publication -0- Rent 300.00 Returned checks 10.00 R&M-equipment -0- household )62.95 Security 40.84 Telephone 324.72 Training -0- Travel 262.60 Utilities 244.79 Total expenses $ 3,548.08 TOT AL $ 21,733.74 JULY THRU NOVEMBER $ 7),744.69 5,547.46 5,456.85 1,334.32 692.86 $ 86,776.18 $ 2,917.20 1,343.43 48.85 37.33 652.03 80.67 2,680.74 71.30 90.78 96.70 913.4) 1.800.00 -0- 34.46 996.53 40.84 1.749.48 215.00 717. 20 1.381.18 $ 15.867.15 $ 102.643.33 " , CITY 01' SAIl BIRHARDIBO COHHUNI'1'Y DIVBLOPKlH'l' DIPAR'1'XlH'1' (, COHHUNI'1'Y DEVBLOPHBH'l' BLOCK GRAN'1' PROGRAM REQUIREMENTS POR SUBRBCIPIENTS Prepare41 Pebruary, 198' L: EXHIBIT "e" , , CITY OF SAN BERNARDINO C. ~ONITY DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BLOCJt GRANT PROGRAM f' Suoolemental Information for Subrecioient As a successful applicant of the City of San Bernardino FY 1989/1990 Community Development Block Grant (CDBG) Program, you are not only agreeing to provide the services as stated in your application,' but also to abide by the COBG Program requirements and responsibilities. To further assist you in understanding said requirements and responsibilities, the following summaries and attachments have been prepared to introduce to or update you on each item. Additionally, this instructional package will reauire your governing body designated official to read and sign hiS/her signature as part of the COBG agreement. Monthlv Reauest for Reimbursement Deadline: Due the fifth (5th) 4ay after end of each calen- dar month unless otherwise stated in the CDBa agreement. (- Include the following: a) One (1) completed Request for Reimbursement form. b) .One (1) copy of All checks issued that are being reimbursed. c) One (1) copy of All bills/receipts that support check(s) issued. d) One (1) copy of All payroll check(s) that are being reim- bursed. e) One (1) copy of All check stubs, accounting ledgers, and/or other documentation that reflect gross salary and all deductions for each check(s) issued. f) One (1) page narrative describing activities undertaken during the month included for reimbursement. In response to its part of each agreement, the City agrees to pay all invoices within thirty (30) days after it receives the invoice provided the City is satisfied all expenses have been incurred within the scope of the executed agreement and that the subrecipient continues to comply with the terms and conditions of the CDBG agreement. (Generally, invoices are processed within ten (10) days of receipt of same.) The City reserves the right to defer processing of invoices and withhold payments until all required reports, statements, and/or certificates have been submitted and, where necessary, approved. L. 2 ,,- -.... co , . CDBG PROGRAM Supplemental Information a) All accounting records and evidence pertaining to all costs of each subrecipient and all documents related to the COBG agreement shall be retained and available for three (3) years following the completion of the funded program. . b) Each subrecipient agrees to allow. the City .of San Bernar- dino Community Development Department to audit the funded program as part of its annual audit of all COBG !unds pursuant to federal regulations set forth in Title 24 of the Code of Federal Regulations. ReDorts/ReDortina Reauirements and Records/Record ~eeDin9 Reauirements While staff realizes that report writing and record-keeping are not the most desirable aspects of any program, it is one vehicle that provides a measure of program progress and accomplishments. Thus, all subrecipients participating in the CDBG Program are reauired to provide the City of San Bernardino Community Development Department with written reports of its activities on or before the tenth (loth) 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 the agreement terminates. All reports shall include information on program activities, accomplish- ments, new program information and current program statistics on expenditures, case loads and activities of the reporting period. Each subrecipient is also required to maintain monthly records of all ethnic and racial statistics of persons and families assisted by its programCs). This monthly record shall include data on the number of low and moderate income persons and households assisted, Cas determined by federal income limits), number of female-headed households, and number of senior citizens assisted. As mentioned earlier, each subrecipient is required to keep all accounting records and evidence pertaining to all costs for three (3) years following completion of the funded program. Ouarterlv ReDorts Deadlines: October 10 -- for period covering July 1, to September 30, of program year. January 10 -- for period covering October 1, to December 31, of program year. 3 CDBG PROGRAM Supplemental Information (' April 10 -- for period covering January 1, to March 31, of program year. July 10 -- for period covering April 1 to June 30, of program year. Include the following: a) One (1) completed Activity Report (form number 802). b) One (1) competed Direct Benefit Report (form number 045(a). c) One (1) completed Contract and Subcontract Activity Report (form OMS 2506-006). (For construction projects only.) It is the responsibility of the subrecipient to prepare and submit the required reports by the above stated deadlines in order to keep city staff informed of any changes to the funded program(s). Program Honitorina One of the CitY'sresponsibilities is to monitor each Enlbrecipient at least once a year. Not only are the .onitoring visits intended to ensure each agency's continued compliance with CDBG requirements, but also serve as an opportunity for city staff to become more knowledgeable of each agency's program(s). The monitoring visits also serve as an opportunity to provide information to other City staff, the Mayor and Common Council and other interested persons. Listed below is typical information City staff will be seeking, observations that might be made, and items we may wish to review: a) The accomplishment(s) of the program(s) to date. b) Whether or not program objectives are being met. c) That the intended client group is being served. d) The number of people on staff. e) The existence and maintenance of client files. f) Assistance City staff can provide. In addition to monitoring each agency once a year, the City of San Bernardino Community Development Department reserves the right to have its internal auditor conduct an onsite audit of the program as part of the its annual audit of all C1>BG funds pursuant to Federal Regulations. t 4 . ~OBG PROGRAM SUpplemental Information Although the terms ~monitoring" and "audit" may appear somewhat formidable, please be assured that your agency will be notified in advance of any request for a monitoring visit. Also, please be advised that representatives from HUD monitor the CDBG program every year. During BUD visit(.), they may wish to monitor one (11 or more of the City's subrecipients. If your agency should be selected, you will be notified in advance in order to arrange a mutually convenient time. Proqram Budaet Another required element of your CDBG agreement with the City is the program budget. Please submit an updated line item budget reflecting your approved CDBG allocation. Also, include a copy of your overall program budget with a summary of your funding source(s) and the total agency budget. The COBG portion of your total program or agency budget should be identifiable. In past years, several agencies have raised questions regard- ing minor budget modifications or adjustments. Staff realizes that the approved budget may require minor adjust- ments during the life of the program and request that you discuss proposed changes with Community Development Depart- aent staff. (-: Again, please be reminded that capital or non-expendable equipment is not to be purchased with CDBG funds. If you need to acquire such equipment, please discuss it with Community Development Department staff. Purchase of Personal ProDertvor BauiDment (Read Section 13 or the CDSG Aareelllent A11 tangible personal property having a useful life of more than one (1) year and an acquisition cost of three hundred dollars ($300.00) or more per unit shall be subject to the requirements of the Property Management Standards specified in 24 CFR, Part 85.32, "Common Rule". Procedure. a) All equipment and property purchased in accordance with the above standards shall be identified as "Federal Property-HUD", (include your internal Identification Number). Identification may be achieved by tagging or engraving the property or by any method that will result in property Identification Number being Dermanently affixed. l; 5 (" ( '. CDBG Pr09ram . , ~upplemental In. ;rmation b) Maintain a separate record of all such equipment and property. Information shall include: 1. Name/Description 2. Serial Number 3. Identification Number 4. Date Purchased 5. Purchase Price 6. Condition (i.e., excel lent/good/fa ir/poor) 7: Characteristics (i,e., cOlor/features, etc.) 8. Physical Location (i.e., address/office/room, etc.) c) Submit an inventory listing to the City of San Bernardino Community Development Department each year endina June 30. Said listing is to be submitted by Julv 10 following the end of the year. The list should include all the information included in item (b). d) A written request must be submitted to the City of San Bernardino Community Development Department for any approved purchases that are not in the originally approved budget (see agreement). Written authorization must be obtained from the Community Development Department by subrecipient prior to the purchase of any equipment, whether or not said equipment was included in the agency's original budget. e) It is the responsibility of the subrecipient to maintain and repair all property and equipment purchased with CDBG funds. It is also the responsibility of the subrecipient to identify all purchased equipment and property with tags or engraving, and to supply same. . riseal Accountina and Audit Documentation The City of San Bernardino Community Development Department requires each agency to observe and comply with all account iJ)g rules and audit procedures as set forth in the CDBG agreement. The following is a brief description of the most prominent requirements: a) As a participant in the City of San Bernardino CDBG Program, each subrecipient agrees to keep all funds received from the City seoarate from any other sources of funding. b) Each subrecipient also agrees to keep records of all funds received from the City of San Bernardino in accordance with the procedures set forth in the "Agreement Accounting and Administrative Handbook". A copy of the Handbook is attached. 6 . CDBG Program : ,~upplemental In~ .~ation Audit. Each subrecipient shall provide the City of San Bernardino Community Development Department with an audit report, completed and signed by a Certified Public Accountant. The audit shall include all information pertinent to the CDBG funded program including any audit findings. The audit report shall be prepared and submitted to the City of San Bernardino Community Development Department as soon after the close of the year ending June 30, as is possible, or immediately after the subrecipient's regular audit is completed (whichever is first). Certification and Assurance Attached is a copy of the Certification and Assurance form to be prepared and signed by the designated governing offi- cial(s) of the subrecipient agency. This document is to be attached to the CDBG agreement and shall become part of the qoverning requirements. ~-~ 7 CITY OJ' SAN BERNARDINO COMHOHI'1'Y DEVELOPKENT DEPAR'1'KENT "Certification and Assurance" ('1'0 Accompany CDBG Agreement) I, (Name and Title of Official) , of the (Name of Agency/Organization) located at do hereby make the following certification and assurance to accompany the Community Development Block Grant Agreement between (name of organization) and the City of San Bernardino: a) Certify that the information booklet for CDBG Program requirements has been read and understood; and b) Assure that the (name of Agency) will comply with all governing require- ments as stipulated herewith in the performance of the CDBG Agreement. (" (Signature of Official) (Date) Community Development Department (Date) ELF/lab/3025 2/1989 8