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HomeMy WebLinkAbout30-Community Development cttv ~F SAN BERNAR&O ~EQUAT FOR COUNCIL AC~ON ..om: lIIII!rept: Kenneth J. Henderson, Director Subject: APPROVAL OF FY 1989/1990 CDBG AGIlEEKENT BE'l'WEEN CITY AND PROJECT HOME RUN Community Development Date: December 4, 1989 Synopsis of Previous Council action: On February 20, 1989, the Mayor and Common Council adopted the FY 1989/1990 CDBG Program Mix. The Program Mix contains an authorized amount of $339,000 for the Appropriated Reserve account for consideration of mid-year funded projects. On June 5, and June 7, 1989, respectively, the Mayor and Common Council considered and approved FY 1989/1990 CDBG eligible programs, projects and activities. On December 4, 1989, the Mayor and Common Council approved the use of CDBG funds to finance Project HOME RUN and directed staff to prepare an agreement between City and Project HOME RUN in the amount of $45,000. Recommended motion: r::-:; ," " c....~ .:tl ,.., r") !:i . ~... C"j . ADOPT RESOLUTION t::J ""-J " , ~.,J> c. .~ .-~; ':""\ c:::' tv J ~lj.j~ G. ~ b'<<W1 Signature Contact person: Kenneth J. Henderson/Edward L. Flores Phone: 5065 Supporting data attached: Staff Report Ward: 1-7 FUNDING REQUIREMENTS: Amount: $45.000.06.> Source: (Acct. No.) 121-544-57735 Acct. Deseri tion A ro riated Reserve I Finance: flunCiI Notes: 75.0262 Agenda Item No 30 cttv ~F SAN BERNARAo - REQUAT FOR COUNCIL AC-WON . STAFF REPORT On November 13, 1989, Project HOME RUN submitted a proposal for financial assistance for acquisition of properties in the amount of $45,000.00. Project HOME RUN is a program designed to develop and provide actual ownership of safe, decent, sanitary and affordable housing to families who do not and cannot qualify to purchase homes through conventional means. On November 22, 1989, staff submitted said proposal to the Community Develop- ment Citizen Advisory Committee for consideration and approval of the proposed project. The Community Development Citizen Advisory Committee recommended approval of Project HOME RUN to the Mayor and Common Council. On December 4, 1989, the Mayor and Common Council approved the use of COBG funds to finance Project HOME RUN. Staff was directed to prepare an agreement between City and Project HOME RUN in the amount of $45,000.00. The CDBG finan- cial assistance, in conjunction with matching funds from donations solicited by the Project HOME RUN organization, will enable project HOME RUN to provide three (3) additional low income families with homes this year. The funds re- quested would be used for acquisition of three (3) homes within the San Bernar- dino City limits. Since its inception in October, 1988, Project HOME RUN has provided and made available two (2) homes to low income families. The targeted area for these funds is within the City of San Bernardino. . I recommend adoption of the attached resolution. !l KENNETH J. HENDERSON Director of Community Development KJH/ lab attachments . 12/04/89 75.0264 21 Bernardino at a 22 day of 23 wit: 24 IIII 25 IIII IIII 26 IIII IIII 27 IIII . IIII 28 12/05/89 . . . . . . 1 2 RESOLUTION NUMBER RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PROJECT HOME RUN. 3 4 5 6 7 8 9 10 which agreement is attached hereto as Exhibit "1", and is 11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: section 1. The Mayor of the city of San Bernardino is hereby authorized and directed to execute, on behalf of the City, an agreement for Community Development Block Grant funding with Project HOME RUN, incorporated herein by reference as though fully set forth at 12 length. The agreement provides for the granting of Community 13 Development Block Grant funds in the following amount of 14 15 16 $45,000.00. Section 2. The authorizations to execute the above referenced agreement 17 is rescinded if the parties to the agreement fail to execute it 18 19 within sixty (60) sixty days of the passage of this resolution. 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 , 1989 by the following vote, to IIII 1 . . RESOLUTION OF THE~ITY OF SAN EXECUTION OF A CDBG AGREEMENT HOME RUN. 1 2 3 4 5 6 7 8 AYES: . BERNARDINO AUTHORIZING THE BETWEEN CITY AND PROJECT . Councilpersons 10 11 12 13 , 1989. NAYES: ABSENT: City Clerk 9 The foregoing resolution is hereby approved this ____ day of . . 14 Approved as to form 15 and legal content: 16 17 18 JAMES F. PENMAN, City Attorney ~ BY: <'/j-? ;7. /W-y>~ City Attorney 19 20 KJH/1ab/3579 21 22 23 24 25 26 27 28 12/05/89 W.R. HOLCOMB, MAYOR City of San Bernardino 2 . . 1 2 3 4 5 6 7 8 9 10 . . . . . ~gBJtJtHJt!':!1. THIS AGREEMENT is entered into effective as of this day of , 1989, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and PROJECT HOME RUN, a non-profit community service organization, referred to as "Subrecipient". City and Subrecipient agree as follows: 1. Recitals. (a) Subrecipient has requested financial assistance 11 from City for fiscal year 1989/1990 from funds available through 12 the Community Development Block Grant Program from the United 13 States of America to City. 14 (b) Subrecipient represents that the expenditures 15 authorized by this agreement are for valid and eligible com- 16 munity development purposes, as defined in 24 CFR, Part 570 in 17 accordance with federal law and regulations, and that all funds 18 granted under this agreement will be used for no purpose(s) 19 other than those purposes specifically authorized. The specific 20 purposes and scope of services of this particular grant are set 21 forth in Exhibit "A", attached hereto and incorporated into this 22 agreement as though fully set forth herein. 23 (c) SUbrecipient ~iil comply with applicable uniform 24 administrative requirements, as described in 24 CFR, Part 25 570.502. 26 27 28 (d) Subrecipient will carry out each activity, program EXHIBIT "1" 12/05/89 -1- . . 1 2 3 4 5 6 7 8 9 10 11 12 13 . . . . . and/or project in compliance with all federal laws and regula- tions as set forth in 24 CFR, Part 570, with the following exceptions, (i) the SUbrecipient does not assume the environ- mental 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. 2. Pavrnents. 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 reimbursed in any other manner by any other agency or private source of funding. Reimbursement shall be made on a monthly basis, with the total of all such reimbursements not to exceed $45.000. 14 15 16 This agreement shall commence as of the date of execu- 17 tion by City and terminate June 30, 1990. 18 4. Use of Funds: Budaet: Travel Limitation. 19 (a) The funds paid to SUbrecipient shall be used by it 20 solely for the purposes set forth in Paragraph l(b) of this agreement, and in accordance with the program budget submitted 21 by Subrecipient to the City of San Bernardino Community Develop- 22 ment Department, a copy of ~~ich is attached to this agreement 23 as Exhibit "B". This budget shall list all sources of funding 24 for the program covered by this agreement, whether from state, 25 federal, local or private sources, and shall identify which 26 sources are paying for which specific portions of the program, 27 by line-item, to the extent practicable. 28 12/05/89 -2- 3. Term. . . . . . . 1 2 3 4 5 6 7 8 9 (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 expenses, which shall be negotiated between the City of San Bernardino Community Development Department and Subrecipient in the budget. Any travel expenses incurred by Subrecipient above the budgeted amount for out-of-state travel shall not be eligible for reimbursement unless the prior written 10 approval of the Director of Community Development of the city of 11 San Bernardino, or his/her designee, has been obtained. 12 (c) Funds shall be used for purposes authorized by the 13 Community Development Block Grant Program only, and no portion 14 of the funds granted hereby shall be used for any purpose(s) not 15 specifically authorized by this agreement. 16 (d) Only net payroll shall be periodically reimbursed 17 by City as an allowable cost. Reimbursement payroll shall 18 include those hours duly authorized by the appropriate authority 19 within Subrecipient's organization and, shall include funds 20 actually received by payee. Any amounts withheld by Subreci 21 pient from an employee's paycheck for taxes, social security, or 22 other withholdings and not immediately paid over to another 23 entity, shall not be includ~d'as wages or expenses eligible for 24 reimbursement as an allowable cost until such time as the 25 withheld taxes, social security, or other withholdings are 26 actually paid over to another entity entitled to such payment. . 27 Upon such payment and the submission of evidence of such payment 28 12/05/89 -3- . . . . . 1 to the City of San Bernardino Community Development Department, 2 such expenses shall be regarded as an allowable cost, and the 3 City shall reimburse Subrecipient for such obligation. 4 (e) Subrecipient shall be allowed, with the prior 5 written approval of the Community Development Department of the 6 City of San Bernardino, to make changes in the budget during the 7 first three (3) quarters of the fiscal year, so long as Subreci- 8 pient is in compliance with section "2" of this agreement at the 9 time of submission of the budget modification request. A 10 variation in the itemization of costs, as set forth in the 11 budget submitted to City by Subrecipient, not to exceed ten 12 percent (10%) as to any particular line item, shall be allowed 13 provided that the prior written approval of the Director of 14 Community Development of the City of San Bernardino is obtained, 15 it being understood that the total amount of the grant shall not 16 be varied thereby. 17 (f) The parties intend that grant funds be utilized 18 within the time period covered by this agreement, and entitle- 19 ment to any funds not expended or obligated shall revert to the 20 City. No reserve for the future shall be established with the 21 funds except as may be authorized to meet commitments made for 22 services provided during the period of this agreement, but not 23 yet paid for at the conclu&iQn of this agreement. 24 (g) Subrecipient shall remain in compliance with all 25 state, federal and local laws prior to the receipt of any 26 reimbursement hereunder. This includes, but is not limited to, 27 all laws and regulations relative to the form of organization, 28 local business licenses and any laws and regulations specific to 12/05/89 -4- . . . . . . . 1 the business and activity carried out by Subrecipient. 2 5. Accountinq; Audit. 3 (a) Prior to the final payment under this agreement, 4 and at such other times as may be requested by the Director of 5 Community Development of the City of San Bernardino, Subreci- 6 pient shall submit to the Director an accounting of the proposed 7 and actual expenditures of all revenues from whatever source 8 accruing to the organization for the fiscal year ending June 30, 9 1990. 10 (b) Financial records shall be maintained by Subreci- 11 pient in accordance with Generally Accepted Accounting princi- 12 pIes, and in a manner which permits City to trace the expendi- 13 tures of funds to source documentation. All books and records . 14 of Subrecipient are to be kept open for inspection at any time 15 during the business day by the city, its officers or agents, and 16 by any representative of the United States of America authorized 17 to audit community development block grant programs. 18 (c) Standards for financial management systems and 19 financial reporting requirements established by 24 CFR, Parts 20 85.20 and 85.22 shall be fully complied with by Subrecipient. 21 Subrecipient acknowledges that the funds provided are federal 22 funds. 23 (d) SUbrecipient's'financial management system shall 24 provide for accurate, current and complete disclosure of the 25 financial results of each program sponsored by this agreement. 26 It is the responsibility of Subrecipient to adequately safeguard 27 all assets of the program, and Subrecipient shall assure that 28 . 12/05/89 -5- . . . . . 1 they are used solely for authorized purposes. 2 (e) In addition to the foregoing, Subrecipient shall 3 at its own expense have the City-funded portion of its program 4 audited annually, and provide to City a copy of the audit report 5 within sixty (60) days after receipt of the report by Subreci- 6 pient. Such audit must be performed by a certified Public 7 Accountant or some other independent auditor approved in advance 8 by the City's Director of the Community Development. 9 6. Services Available to Residents: Monitorina and Report- 10 ina proaram Performance. 11 The services of Subrecipient shall be made available to 12 residents and inhabitants of the City of San Bernardino unless 13 otherwise noted in Exhibit "A". No person shall be denied 14 service because of race, color, national origin, creed, sex, 15 marital status, or 'physical handicap. Subrecipient shall comply 16 with Affirmative Action guidelines in its employment practices. 17 Subrecipient shall also monitor the program's activities and 18 submit written reports quarterly, or more often if requested, to 19 the Director of Community Development of the City of San Bernar- 20 dino, in accordance with 24 CFR, Part 85.41(c) (d), and Part 21 85.21. Failure to provide such quarterly performance reports 22 constitutes a violation of this agreement. Further, the proces- 23 sing by City of Subrecipient~$ requests for reimbursement shall 24 be halted following such breach, and shall subject Subrecipient 25 to temporary withholding as provided for in Paragraph 11 hereof. 26 City reserves the right to waive such breach, without prejudice 27 to any other of its rights hereunder, upon a finding by the 28 Director of Community Development that such failure was due to 12/05/89 -6- . . . . 1 2 3 4 5 6 7 8 9 10 11 . . . . . 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), Subreci- pient "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 12 agents shall neither solicit nor accept gratuities, favors, or 13 anything of monetary value 'from contractors or potential con- 14 tractors. To the extent permissable by state law, rules, and 15 regulations, the standards adopted by Subrecipient shall provide 16 for penalties, sanctions or other disciplinary actions to be 17 applied for violations of such standards by either the Subreci- 18 pient's officers, employees or agents, or by contractors or its 19 agents. Subrecipient shall provide a copy of the code or 20 standards adopted to City forthwith. Subrecipient shall under- 21 take informal procurement methods for purchases that do not cost 22 more than $25,000.00, in the aggregate, which call for price or 23 rate quotations from an adeq~~te number of qualified sources. 24 The Sub recipient shall be alert to organizational conflicts of 25 interest or non-competitive practices among contractors which 26 may restrict or eliminate competition or otherwise restrain 27 trade. Subrecipient agrees to adhere to conflict of interest 28 12/05/89 -7- . . . . 1 provisions set forth in 24 CFR, Part 570.611 and to the procure- . 2 ment 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 EmDlovrnent ODDor- 3 4 5 tunitv. 6 7 8 9 10 11 12 employed in the construction, completion or repair of public 13 work, to give up any part of the compensation to which he/she is 14 otherwise entitled. SUbrecipient shall report all suspected or 15 reported violations to city. All contracts in excess of 16 $10,000.00 entered into by SUbrecipient using funds provided 17 under this agreement shall contain a provision requiring comp- 18 liance with Equal Employment Opportunity provisions established 19 by Executive Order Number 11246, as amended. 20 9. prevailina Waae Reauirement. 21 Any construction contracts awarded by Sub recipient using funds provided under this agreement in excess of $2,000.00 22 shall include a provision ~..compliance with the Davis-Bacon 23 24 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, 25 contractors shall be required to pay wages to laborers and mech 26 anics at a rate not less than the minimum wages specified in a 27 wage determination made by the Secretary of Labor. In addition, 28 12/05/89 -8- 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 . . . . . . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 contractors shall be required to pay wages not less often than once a week. Subrecipient 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. ADDroval of City of any Charaes: Use of proaram Income. (a) City hereby requires Subrecipient to notify the City, in writing, of its intent to change a fee for any service, the provision of which is assessed pursuant to this 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 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 s~6h 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 28 12/05/89 -9- . . 1 2 3 4 5 6 7 8 9 10 11 . . . . . income to the City within thirty (30) days subsequent to the end of the program year (June 30, 1990). 11. TemDorarv Withholdinq. 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 12 occurred. SUbrecipient shall file such appeal within fifteen 13 (15) days after such first notice of withholding. The Mayor and 14 Common Council shall set a date for the hearing of such appeal 15 which is within thirty (30) days following the date of filing. 16 12. Records Retention. 17 Financial records, supporting documents, statistical 18 records, and all other records pertaining to the use of the 19 funds provided under this agreement shall be retained by Subre- 20 cipient for a period of three (3) years, at a minimum, and in 21 the event of litigation, claim or audit, the records shall be 22 retained until all litigation, claims and audit findings involv- 23 ing the records, have been.f~lly resolved. Records for non- 24 expendable property acquired with federal funds provided under 25 this agreement shall be retained for three (3) years after the 26 final disposition of such property. 27 13. ProDertv Manaqement Standards. 28 Non-expendable personal property, for the purposes of 12/05/89 -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 4 an acquisition cost of one-thousand dollars ($1,000.00), or more 5 per unit. Real property means land, including land 6 improvements, structures and appurtenances thereto, excluding 7 movable machinery and equipment. Non-expendable personal 8 property and real property purchased with or improved by funds 9 provided under this agreement shall be subject to the property 10 management standards 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 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 20 writing of the proposed termination and the reasons therefore, 21 together with the proposed effective date. Subrecipient shall 22 be 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 . . 12/05/89 -11- . . 1 2 3 4 5 6 7 8 9 10 11 . . . . . 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 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 12 document the uses of same. 13 15. Termination for Convenience. 14 City or Subrecipient may terminate this agreement, in 15 accordance with 24 CFR, Part 85.44, in whole or in part provided 16 both parties agree that the continuation of the project would 17 not produce beneficial results commensurate with further expend- iture of funds. In such event, the parties shall agree upon the 18 termination conditions, including the effective date and, in the 19 case of partial terminations, the portion to be terminated. The 20 Subrecipient shall not incur new obligations for the terminated 21 portion after the effective date and shall cancel as many 22 outstanding obligations as ~sible. City shall allow Subreci- 23 pient full credit for the City's share of the non-cancellable 24 obligations properly incurred by the Subrecipient prior to 25 termination. 26 16. Reversion of Assets. 27 Subrecipient agrees that upon expiration of this agree- 28 12/05/89 -12- . . . . . 1 ment, the Subrecipient shall transfer to the City any and all 2 COBG funds not used at the time of expiration and any accounts 3 receivable attributable to the use of COBG funds. Subrecipient 4 agrees that any real property under its control, which was 5 acquired or improved, in whole or in part, with COBG 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. pervasivelv Seotarian. 17 (a) The Subrecipient represents that it is, or may be, 18 a religious or denominational institution or organization or an 19 organization operated for religious purposes which is supervised 20 or controlled by, or in connection with, a religious or denomi- 21 national institution or organization. 22 (b) The Subrecipient agrees that, in connection with 23 the services to be provided hereunder, (i) it will not discrimi- 24 nate against any employee or applicant for employment on the 25 basis of religion and will not limit employment or give prefer- 26 ence in employment to persons on the basis of religion; (ii) it 27 will not discriminate against any person applying for such . . 28 12/05/89 -13- . . . . . . . 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 services on the basis of religion and will not limit such service or give preference to persons on the basis of religion; (iii) it will provide no religious instruction or counseling, conduct no religious workshop or services, engage in no reli- gious proselytizing and exert no other religious influence in the provision of such services; (iv) the portion of a facility used to provide services assisted, in whole or in part, under this Agreement shall contain no sectarian or religious symbols or decorations, and; (v) the funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the Subrecipient in which the ser- vices are to be provided, provided that. minor repairs may be made if such repairs are directly related to the services; are located in a structure used exclusively for non-religious purposes, and; constitute in dollar terms only a minor portion of the COBG expenditure for the public services. 18. Hold Harmless. SUbrecipient agrees to indemnify, save and hold harm- less the City and its 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 opera- tions under this agreement.."<J>ayments under this agreement are made with the understanding that the City is 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. 19. Amendment. 12/05/89 -14- . . . . . . . 1 This agreement may be amended or modified only by 2 written agreement signed by both parties, and failure on the 3 part of either party to enforce any provision of this agreement 4 shall not be construed as a waiver of the right to compel 5 enforcement of any provision or provisions. 6 20. Assiqnment. 7 This agreement shall not be assigned by Subrecipient 8 without the prior written consent of city. 9 21. Notices. 10 All notices herein required shall be in writing and 11 delivered in person or sent certified mail, postage prepaid, 12 addressed as follows: 13 14 As to City: 15 Director Community Development Dept. 16 City Hall, Fifth Floor 300 North "D" street 17 San Bernardino, Calif. 92418 As to Subrecipient: James Stratton, Director Project HOME RUN 489 East 21st Street San Bernardino, CA 92404 18 19 20 21 22 23 24 25 26 27 28 22. 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 hy.the governing body of the Subreci- pient, 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 and Assurance. Subrecipient shall comply with the program requirements 12/05/89 -15- . . . . . 1 attached hereto as Exhibit "e" which are incorporated by 2 reference as though fully set forth at length and made a part of 3 this agreement by execution of all certifications and assurances 4 of the COBG program. 5 24. Entire Aareement. 6 This agreement and any document or instrument attached 7 hereto or referred to herein integrates all terms and conditions 8 mentioned herein or incidental hereto, and supercedes all 9 negotiations and prior writing with respect to the subject 10 matter hereof. In the event of conflict between the terms, 11 conditions or provisions of this agreement, and any such 12 document or instrument, the terms and conditions of this 13 agreement shall prevail. . 14 25. No Third Party Beneficiaries. 15 No third party shall be deemed to have any rights 16 hereunder against any of the parties hereto as a result of this 17 agreement. . 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 IIII 28 12/05/89 -16- . . . . . . . IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first hereinabove written. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ATTEST: city Clerk Approved as to form and legal content: JAMES F. PENMAN, City Attorney BY: /) -?-k:O?'~#?~ 16 la 17 18 19 20 21 22 23 24 25 26 27 28 12/05/89 .....'. -17- CITY OF SAN BERNARDINO W.R. HOLCOMB, MAYOR City of San Bernardino SUBRECIPIENT President Secretary . . . . . . . PROJBCT HOMB ROlf "Soop. of Servio.." The COBG financial assistance, in conjunction with matching funds from donations solicited by our organization, will enable Project HOME RUN to provide three (3) additional low income families with homes this year. The funds reques- ted will be Used for acquisition of three (3) homes within the San Bernardino City limits. Since the inception of the program in October, 1988, , Project HOME RUN has made available two (2) homes to low income families. The targeted area for these funds is within the City of San Bernardino. lab/3580 .. - ......... - ----- .--.---- I _I j_____ ~_.-~__.... --: ----=-~.~-~.;.~;--;:.~- --- l: ; _.. __. -------- r. ........... ..---- . --r _i ---."-- ---~- - ----.- '," EXHIBIT "A" . . . c,n 01 &AI 1WlAI01. CI4 arllu UGlr IlEACOlal . . SOURCE: ................................................. "T. Y PA,. Rudgpt YUl19RQI1990 'Am IIAIIE ........... ....IC"'EIT Proiect HomP Run CDBG 51.8 N.H. Cath/Char ......... .......1......... ........ rue.... ....... 45,000 15,OOC 2,OOC 41,13 ......... ....... -.-- ..... 1---.... ....... ...-- $103,1 -.......................... AlQ,WT IT P\IIDIIIG IlUCUI 44 1 .... t. 151 021 39 1 1 , 1 . 100 Jim Stratton z. 21,89 3. ................................................. ......... ....... 4. FICA/SUI ................................................. ......... ....... SAW' SUlrorALS: . . I ........ ......... ........ .......1 ........ . ...... . . . I ....... ........ ........ .........1 ........ .-..- S. L1rl/llULTNIDEllrAl. 1111. 1,840 6. OfllU Workers COI:IPl!nsation 1,894 ................................................. ......... ....... ....... ........ ~.... ....... ....... ........ 218 7. ACctUlTlIIG/lOOCEEPllIG ................................................. ......... ....... ....... ........ ....... ......... ........ ....... SAW' & SEilEr ITS TorALS: . . . . . . . . . .. IIIIT - ,-- -- ~- , t. UTlthiES Telephone 10. -USUWlCr Postage 2,000 11. OFfiCE SUPPLIES Il'nntlng/AOVertlseme t -- - 3,250 -, ! :.:-.:, , ! ; -- - - 1~250 -.. - - -- , , - 300 4,209 12. Acquisition of Property 13. Rehabilitation of Houses 45,000 14. 15,OO( 2,000 Membership Dues/Public Relations IS. I-Ii 1 eage 900 16. llaintenance Repair (Ofc.Equip.) 17. 1,386 750 Travel/Reservations/Meals ,etc. 1,240 - 1.. ............z..z..z..z~:~:~:.:::::.~~::~:;..z.z= F1;~:.q~.~ ,.~:~zq~-~:=~qgz~!J.~J.~~_:...... .:......_ ....u...=........................u............. .....u. u...z.z ...z.." =....... ....... z....... n...... ....... . · f03, 131 =.=~.==~I===Z.ZIi:. EXHIBIT "B" . 0, .., ~8' '" . ~ B . "" ... ..... .. LC , . , . . . . . ~. , Co> , , WI .., ..,. .. 01-0. CI.&:. L....., . 0-. I........ , ., , >, "" , C, , , . 2, , :> . , C' , . . &1.1'2 I !:-e..: :':11.., . .,. I , . alii 1I\1~'a. 0'10:11. ,...-.. "':II . VI., I C. . '"~ . .... . , . .... . ... , '... , .: ~ l-:;;. t...- . .&....,-,. 00. 0.. 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