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HomeMy WebLinkAboutS4-Community Development CITY OF SAN BER"_ .RDIN04'EQUEST ..AI COUNCIL ACTION From: Kenneth J. HerDersan, D~ _ An H:" S""'''''t: ;\i-V j,.,. n....' "n. 1:1'f'Jr":' Camnunity Devel~1t ;330 APR 2! . n: 1 E lU-~AL ag FY 1989/1990 alBG llGREEMENl' ....-.L'W.IZL'l crrY AND THE LEGiM.o Am ~rJ( OF SAN BERNlUlDIH), lKl. Dept: Date: April 26, 1990 Synopsis of Previous Council action: None. Recommended motion: A!X)P!' RESOll1I'IClN t.Mbbdti 7gnature Ken HerrlersonjEdwa Flores Contact person: Phone: 5065 Supporting data attached: staff Report Ward: 1-7 FUNDING REOUIREMENTS: Amount: $20,000.00 Source: (Acct. No.1 121-544-57955/121-544-57735 t,'on Sr. Security Acct. Oeser; Finance: Council Notes: 75.0262 Agenda Item No. I 8~f CITY OF SAN BERK .RDINO - REQUEST "..IR COUNCIL ACTION STAFF REPORT on April 17, 1990, the Legal Aid s=iety of San Bernardino sul:mi.tt.ed a proposal for financial assistance for plblic services in the arramt. of $20,000. '!he Legal Aid S=iety of San Bernardino, Inc., is a nonprofit corporation am has been operatin;r a legal aid clinic (located at 354 West 6th street) sin:le 1977. All the services offered by the S=iety have been provided to law am IOOderate incane individuals residin;r within the City limits. '!he types of services provided by the Legal Aid S=iety include family law, marriage dissolutions, child custody, child ~rt, larrllord/tenant dispJtes, civil suits, =nsumer OCIl'plaints, social security problems, am other related legal problems. Althalgh the Legal Aid S=iety has not received arrj prior fun:lin;J assistance fran the City, approximately 49.9% of the S=iety's clientele are City residents. 0Jrin;r FY 1989/1990, the S=iety provided services to 6,623 individuals, all of which 'w'ere one-hun::lred percent (100%) law incane . on April 25, 1990, staff sul:mi.tted this proposal to the C'rmTInti.ty Develq:ment citizen lldviso:ry Camlittee (ax:AC) for its considera- tion. After evaluation am review, the Camlittee l.11'laIliloousy voted to recxmnend to the Mayor am CclIlm:>n Council fun:lin;J of the p.L~ sul:mi.tt.ed by the Legal Aid S=iety in the aIOOUI'lt of $20,000 ($10,000 out of the FY 1989/1990 Appropriated Reserve A=ount am $10,000 previously allocated in FY 1989/1990 to the Senior Security Program) . This item was Dlaced on the O"'.......n council SIlI:lD1l1l1el1tal lICI8I1&l at the reauest of the MAver. I recarmnen::l. adoption of the attached resolution. &+~ Director of Camunity Development KlH/lab/3889 attachmerrt:s April 26, 1990 75-0264 1 2 3 4 5 6 7 RBSOLUTIOM MUKaE. RBSOLUTIOR 01' THE CITY 01' SAlI BBJUfARJ)IRO AUTHORIlIIMQ AlIJ) DIRBCTIRQ THE EXBCUTIOR 01' A COKMUNITY DBVlLOPMBNT BLOCK QRAlIT I'1J1fDIRQ AQUBMENT BBTWEBR TO CITY 01' SAlI BBlUIAlU)IRO AlIJ) THE LEGAL AID SOCIBTY 01' SAIl BEUARDIRO, IRC. WHBUAS, ROW, TOUFOU, BE IT RBSOLVED BY TO KAYOR AlIJ) COJOlOH COURCIL 01' THB CITY 01' SAIl BBUARDllJO AS I'OLLOWS I SBCTIOR 1. 8 (a) The Mayor of the City of San Bernardino is hereby 9 authorized and directed to execute, on behalf of the City, an 10 agreement for Community Development Block Grant funding with the 11 Legal Aid Society of San Bernardino, Inc., which agreement is 12 attached hereto as Exhibit "1", and is incorporated herein by 13 reference as though fully set forth at length. The agreement 14 provides for the granting of Community Development Block Grant 15 funds in the following amount of $20,000.00. 16 (b) The authorizations to execute the above referenced 17 agreement is rescinded if the parties to the agreement fail to 18 execute it within sixty (60) sixty days of the passage of this 19 resolution. 20 I HEREBY CERTIFY that the foregoing resolution was duly 21 adopted by the Mayor and Common Council of the City of San 22 Bernardino at a 23 _ day of meeting thereof, held on the , 1990 by the following vote, to 24 wit: 25 26 27 IIII IIII IIII IIII IIII 28 KJH/lab/3891 4-26-90 I RESOLUTIOII O~ TXB CITY O~ SAX BIRBARDIMO AVTBORIIIIIO ~ IXICUTIOII C' A CDBO AOUIUOlIIT BBTWBU ( 'Y AlII) 'l'JUl LBOAL AID SOCIBT\ J~ SAIl BBRBARDIIIO, INC. 1 2 3 Counoil Kembers 4 ESTRADA 5 REILLY 6 FLORES 7 MAUDSLEY 8 MINOR 9 POPE-LUDLAM 10 MILLER 11 12 CITY CLERK 13 The foregoing resolution is hereby approved this ____ day un on ABSTAIN 14 of 15 16 17 18 Approved as to form and legal content: , 1990. W.R. HOLCOMB, MAYOR City of San Bernardino 19 JAMES F. PENMAN, 20 city Attorney 21 22 23 24 25 26 27 28 KJH/lab/3891 4-26-90 BY: 2 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 &1111111.% THIS AGREEMENT is entered into effective as of this ___ day of , 1989, at San Bernardino, California, bet- ween the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and the LEGAL AID SOCIETY OF SAN BERNAR- DINO, INC., a non-profit community service organization, refer- red to as "Subrecipient". City and Subrecipient agree as follows: 1. Recitals. (a) Subrecipient has requested financial assistance from City for fiscal year 1989/1990 from funds available through the Community Development Block Grant Program from the United states of America to City. (b) Subrecipient represents that the expenditures authorized by this Agreement are for valid and eligible com- munity development purposes, 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(s) other than those purposes specifically authorized. The specific purposes and scope of services of this particular grant are set forth in Exhibit "A", attached hereto and incorporated into this Agreement as though fully set forth herein. (c) Subrecipient will comply with applicable uniform administrative requirements, as described in 24 CFR, Part 570.502. EXHIBIT "1" 4-26-90 -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- S repient in the budget. Any travel expenses incurred by Subreci- 9 pient above the budgeted amount or for out of-state travel shall 10 not be eligible for reimbursement unless the prior written ap- 11 proval 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 Prograa 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 ~ 4-26-90 -)- 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 payment and the submission or evidence or such payment to the City or 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 or the City or 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" or this Agreement at the time of submission of the budget modirication 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 form of organization, local 4-26-90 -4- 1 business licenses and any laws and regulations specific to the 2 business and activity carried out by Subrecipient. 3 5. AocountinaJ 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 May 6, 10 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 25 26 27 It is the responsibility of Subrecipient to adequately safeguard 28 4-26-90 -5- (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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 2( ~ 26 27 ~ 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 ot 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 pro- cessing by City of Subrecipient's requests for reimbursement shall be halted following such breach, and shall subject Subre- cipient 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, upon a finding 4-26-90 -6- 1 by the Director of Community Development that such failure was 2 due to extraordinary circumstances and that such breach has been 3 timely cured without prejudice to the city. 4 7. Procurement Practices, Conflict of Interest. 5 Subrecipient shall comply with procurement procedures 6 and quidelines established by 24 CFR, Part 85.36(d)(I), 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. Subrecipient's 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 permissable 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 pient's 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 inte- 26 rest or non-competitive practices among contractors which may 27 restrict or eliminate competition or otherwise restrain trade. u 4-26-90 -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 ~ 26 27 ~ ...- 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. e. Anti-~ick Back Provisions, Baual Baolovment ODDor- tunitv. All contracts for construction or repair using funds provided under this Agreement shall include a provision for com- pliance 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 .eans, any person em- ployed in the construction, completion or repair of public work, to give up any part of the compensation to which he/she i. 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. t. prevai1ina Waae Reauirement. Any construction contracts awarded by Subrecipient 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 De- partment of Labor Regulations (29 CFR). Under this Act, con- tractors shall be required to pay wages to laborers and mecha- nics at a rate not less than the minimum wages specified in a 4-26-90 -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 be condi- 6 tioned upon the acceptance of the wage determination. Subreci- 7 pient shall report all suspected or reported violations to city. 8 10. ADDroval of city of any Charaesl 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 requires Subrecipient to obtain the prior written approval 14 of city for any charges or fees to be charged by Subreciplent 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- ~ 4-26-90 -9- 1 2 3 . 5 6 7 8 9 10 11 12 13 1. 15 16 17 18 19 20 21 ~ ~ 24 ~ 26 27 ~ come to the City within thirty (30) days subsequent to the end of the program year (June 30, 1990). 11. Temoorarv Withholdina. 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. Sub- recipient 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 oc- curred. Subrecipient shall file such appeal within fifteen (15) days after such first notice of withholding. The Mayor and Com mon 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. Prooertv Manaaement standards. Non-expendable personal property, for the purposes of 4-26-90 -10- 1 this Agreement, is defined as tangible personal property pur- 2 chased in whole or in part with funds provided under this 3 Agreement, which has a useful life of more than one (1) year and . an 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 13 Agreement in accordance with 24 CFR, Part 85.43, and any and all 1. grants and future payments under this Agreement, in whole or in 15 part, at any time before the date of completion of this 16 Agreement whenever City determines that the Subrecipient has 17 materially failed to comply with the terms and conditions of 18 this Agreement. In the event City seeks to terminate this 19 Agreement for cause, city shall promptly notify the Subrecipient 20 in writing of the proposed termination and the reasons 21 therefore, together with the proposed effective date. 22 Subrecipient shall be given an opportunity to appear before the 23 Mayor and Common Council at the time which the Mayor and Common 24 Council are to consider such recommended termination, and shall 25 be given a reasonable opportunity to show cause why, if any 26 exists, the Agreement should not be terminated for cause. Upon 27 determination by the Mayor and Common Council that the Agreement ~ 4-26-90 -11- 16. 4-26-90 Reversion of Assets. Subrecipient agrees that upon expiration of this -12- 1 Agreement, the Subrecipient shall transfer to the City any and 2 all CDBG funds not used at the time of expiration and any 3 accounts receivable attributable to the use of CDBG funds. 4 Subrecipient agrees that any real property under its control, 5 which was acquired or improved, in whole or in part, with CDBG 6 funds in excess of $500.00 shall either, (i) be used to meet one 7 (1) of the three (3) national objectives as set forth in 24 CFR, 8 Part 570.208 until five (5) years after expiration of the 9 Agreement or such period of time as determined appropriate by 10 the City, or; (ii) is disposed of in a manner which results in 11 the city being reimbursed in the amount of the current fair 12 market value of the property less any portion thereof attribut 13 able to expend iture of, or improvement to, the property by such 14 reimbursement is not required after the period of time specified 15 in accordance 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 tractors and not employees or agents of City. 27 18. Amendment. ~ 4-26-90 -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 This Agreement may be amended or .odified 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. 1'. 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 citYI As to SUbrecipientl Hr. Lowell R. JameSOD Bxecutive Director Legal Aid Society of SaD Bernardino, Inc. 150 .est 5th st., Ste. 108 SaD Bernardino, CA '2401 Director Community Development Dept. City .all, ~ifth ~loor 300 North "D" Street San Bernardino, Calif. '2418 21. Evidence of Authoritv. Subrecipient shall provide to City evidence in the form of a certified copy of minutes of the governing body of Subreci- pient, or other adequate proof, that this Agreement has been approved in all its detail by the governing body of the Subreci- 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 Subrecipient shall comply with the program requirements 28 4-26-90 -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 attached hereto as Exhibit "e" 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 eDBG 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 supersedes 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 Beneficiarie.. 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 IIII IIII 20 IIII IIII 21 I I I I IIII 22 IIII IIII 23 IIII IIII 24 IIII IIII 25 IIII IIII 26 IIII IIII 27 28 -15- 4-26-90 1 2 3 4 5 6 7 8 9 10 11 12 CDBG AGREEMENT BETWEEH CITY AND THB LEGAL AID SOCIETY ~ SAN BERNARDIHO, IHC. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first hereinabove written. ATTEST I CITY O. SAN BERNARDINO ci ty Clerk ..R. "BOB" HOLCOMB, MAYOR City of San Bernardino SUBRBCIPIENT President secretary Approved as to form 13 and legal content I 14 15 16 JAMBS .. PEHHAH, city Attorney BYI 17 18 19 20 21 22 23 24 25 26 27 28 lab/3890 4-26-90 -16- LECu\L AID SOCIETY OF SA~ BERNARDINO, INC. 150 West Fifth Street, Suite 108. San Bernardino, California 92401 . Telephone (714) 888-679.1 - . , PROJECT/ACTIVITY DESCRIPTION The Legal Aid Society of San Bernardino, Inc., a nonprofit 501(c)(3) corporation, has been serving low-income citizens of San Bernardino County since 1953. Since 1977, the Society has operated a legal aid clinic, which is presently located at 354 West 6th Street in San Bernardino. On alternate Tuesday evenings, eight or nine volunteer attorneys provide legal assistance to clients. Clients sign in between 5:30 and 6:30 p.m. and, after processing (eligibility screening) are seen !In a first-come,. first-served basis. All eligible (see attached guidelines) clients see an attorney at this time. After interview, the attorney directs actions within the capability of the clinic. The actions recommended usually include the preparation and typing - of court documents for filing. Attorneys do not make court appearances, but provide advice and documentation so'that the client can represent himself ~ ~~. Most indigent clients need help with family law problems, i.e., dissolutions, child custody, child support and related matters. Other types of cases include landlord/tenant, civil suits and consumer complaints, credit, social security and guardianship. A storefront operation is conducted during regular business hours, Monday through Friday. The clinic is open 9:00 a.m. to 12:00 noon for intake, and from 1:00 to 5:00 p.m. by appointment. During the past year, 73 attorneys have worked as volunteers in this effort. ....- A Non-profit affiliate of the San Bernardino County Bar Association. All Donations Tat Exempt EXHIBIT uAu LEGf.._ AID SOCIETY OF SAN ~ cRNARDINO, INC. ISO We.t Fifth Street, Suite 108. San Bemardino, California 92401 . Telephone (714) 888-6191 BUDGET FY 1989-1990 INCOME TOTAL 47,659.00 78,613.00 50,000.00 2,000.00 10,000.00 188,272.00. Inland Counties Legal Services State Bar Trust Fund County Block Grant Attorney Contributions Miscellaneous Income EXPENSES Space PlIyro 11 Payroll Taxes/Medical Insurance Administration Telephone Office Supplies Office Equipment Typing Services Printing / Reproduction Repair/Maintenance Audit/Bookeeping Insurance Travel/Meetings Community/Education (Tel-Law) Miscellaneous 12,000.00 86,300.00 16,000.00 25,000.00 3500.00 10,000.00 2,000.00 9,000.00 1,100.00 5,000.00 3,000.00 5,000.00 1,500.00 4,150.00 4,722.00 TOTAL 188,272.00 . A Non-proJlt aJlillatt 01 the San Bernardino County Bar Association . All DonatlalU Tar Exempt EXHIBIT "B. .. . "' .... CIT' or 'AM BIRXARDl>>O COMHtnfUY DlnLOPUft DIPARTUWI ) '! COMMUNITY DBVELOPHElI'1' BLOCK GRAlrf PROGRAM REQUIRBKElI'1" FOR SUBRECIPIElI'1" Preparea. Februarr, 1989 ,-' EXHIBIT "e" .. . . ;", .,' .~- ':-" . ~--" .-- .-=---....:.....-.....---.---.-.. f_" . CITY or 8~ 81RXARDIMO COJQf ITY DIVBLOPKlII'1' DIPAltTMIN't COMMUNIT. DEVELOPMENT BLOCK ORAll'1' PIlOORAJI ~, 8UDDlemental Inforaation tor 8ubreoiDient As a successtul applicant of the City of San Bernardino FY 1989/1990 Community Development Block Grant (CDBG) proqram, you are not only agreeing to provide the services as stated in your application, but also to abide by the CDBG Proqram 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 CDBG agreement. MonthlY Reauest tor Reimbursement DeadUnel Due the titth (5th) day atter end of eaoh calen- dar month unless otherwise stated ia the CDBG agreement. c~ Include the toll owing: a) One (1) completed Request for Reimbursement fora. b) .One (1) copy of All checks issued that are being reimbursed. c) One (1) copy ot 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 COBG 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. 2 ..,- .....--";"--- . . .' ~:~"",-;---:r~""""""-----'~--'-"'?---.. -?;;,'.- ~_.._- '. . CDBG PROGRAM Supplemental Intormation (..... I a) All accounting records and evidence pertaining to all costs ot each subrecipient and all documents related to the CDBG agreement shall ba retained and available tor three (3) years tollowing the completion of the funded proqrall. b) Each subrecipient agrees to allo~ the City ~f San Bernar- dino Community Development Department to audit the funded program as part of its annual audit of all CDBG lunds pursuant to tederal regulations set forth in Title 24 of the Code of Federal Regulations. ee c. While staff realizes that report writing and record-keeping are not the most desirable aspects of any proqr.., it is one vehicle that provides a measure of proqraa proqress 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 proqrall 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 program(s). This monthly record shall include data on the number of low and moderate income persons and households assisted, (as 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. Quarterlv ReDorts Deadlines: October 10 -- for period covering July 1, to September 30, of proqram year. January 10 -- for period covering October 1, to December 31, of proqram year. ( '- 3 ---"~r~------"'-- ----..---....--.-:--~-;..-; . _ :::, '__ ...____...,~:..__.'.:..._.._n.~_. .______ ___ ,_. ---- --....-:-0...--....- ,'. :.....:.__.. _:..:_:.;..r__u-c-___~, ...,......._. , .--..,-- -.....--'-:,.-----~_.,- .' . : C?DBG PROGRAM . Supplemental Info~.at1on 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. Xnclude the fOllowing: a) One (1) completed Activity Report (form nWllber 802). b) One (1) competed Direct Benefit Report (fora number 045(a). (", e) One (1) completed Contract and Subcontract Activity Report (form OMB 2506-006). (For construction projects only.) xt 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 Lunded program(s). Pro<uaJII Xoni torin9 One of the City'S 'responsibilities is to monitor each subrecipient 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, tJ1e 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 lIet. e) 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. Xn addition to monitoring each agency once a year, the city oL 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. l. 4 -~~ .~" .;~ , .__---,.:-""--T-~-:----,...-:-_-:"'~~~=_~ __.....:~~__ ~n_~_ 'COBG PROGRAM 'S~pplemental Intor._Gion ,- Although the ter.. "monitoring" and "audit" may appear somewhat tor.idabl., please be assured that your agency will be notitied in advance ot any request tor a monitoring visit. Also, please be advised that representatives trom HOD monitor the CDBG pr091'u every year. During HOD visit(.), they lIay wish to monitor one (1) or more ot the City's subrecipients. Ir your agency should be selected, you will be notified in advance in order to arrange a mutually convenient time. Procrru Budaet Another required element ot 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 ot your overall program bUdget with a summary or your funding sourceCs) and the total agency budget. The CDBG portion ot your total progrlUl or agency budget should be identifiable. In past years, several agencies have raised questions regard- i~ minor budget modifications or adjustments. Staff realizes that the approved budget may require minor adjust- ments during the lite of the progrlUl and request that YOIl discuss proposed changes with Community Development Depart- ment staff. ~, A9r-Sin, please be reminded that capital or non-expendable equipment is not to be purchased with CDBG tunds. If you need to acquire such equipment, please discuss it with COBUDunity Development Department staff. ~chasa of Personal ProDertv or EauiDmant (Read Seotion 13 or tha CDBQ Aare...nt Al1 tangible personal property having a useful life of lIore 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.. Procedures 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. C) 5 : . ~:"'7"---:- ~._-:-._,~~- .----~~:"?= :..:.-_~-~:..~- - . CDBG prO<Jra. . ~upplemental Infor tion /- b) Maintain a separate record of all such equipment and property. Information shall include: 1. Name/Description 2. Serial Nuaber 3. Identification Number 4. Date Purchased 5. Purchase Price 6. Condition (i.e., excellent/good/fair/poor) 7; Characteristics (i,e., color/features, etc.) 8. Physical Location (i.e., address/office/roo., etc.) c) Submit an inventory listing to the City of San Bernardino Community Development Department each vear endinG 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 equipmerit was included in the agency's original budget. c: Co .) 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. . PIsca1 Accounting and Audit Documentation The City of San Bernardino Community Development Department requires each agency to observe and comply with all account ~ rules and audit procedures as set forth in the CDBG agnreement. 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 received from the City of San with the procedures set forth and Administrative Handbook". attached. to keep records of all funds Bernardino in accordance in the "Agreement Accounting A copy of the Handbook is 6 .~--:-:-..--~r-~-'-_.~'-~-' --'-" ._~--.-.. ~.~~_-:;--T'-:-~~--'-:- _ ._____..__-...:..-c......._..:....--_~___'_...____ -__. . CDBG Program . ... . S~pplemental Infor :ion ,-.... ) AucS1h Each subrecipient shall provide the City of San Bernardino Community Development Department with an audit report, completed and 8igned 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 800n after the close of the year ending June 30, as i8 possible, or immediately after the subrecipient's regular audit i_ 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 governing requirements. o ( ~.. 7 -"-~-.-:--'-'--'-~, : .' -~-:-~--:;--:-.-.....- ~.~' ( ) (' \~ CITY or SAIl BIRJrAJtDIlfO COMMUNITY DIVBLOPMEIl'l' DIPARTMEIl'l' "C.rti ficatioD aDeS "..uranc." (To "cco.pany CDBG "gr....nt) I, , of (Name and Title of Official) 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 prograa 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 .-------~...,.-:-~.--:-~-:.-'..,...,. ,---- --.""T------:------=--:-=_-----:-;~-::~~~=.,~