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HomeMy WebLinkAboutR15-Economic Development Agency . o~~o ® ~~,. From: IO'1~II~IIi J. FAT Subject: FY 1991,/1992 COB(i A[[B~TP E:oecutive Director T CIT7t A~ 8AN 889MAt~ DII~A BOYS Aim GIItIB CLDB, Data: Jtufe 11, 1991 Za1C. synopsis of Prnrious Ceamissiao~/Cotmail/Cloomittw Aation: On F'ebo:uary 11, 1991, the Mayan and moan Council eppxwed and adopted the FY 1991/1992 CO®G Program Mix and autharized staff to solicit pxapoea].s far same. On May 6, 1991, the Mayor anti Co~oan Council took an action establishing May 20, 1991 at 3:00 p.m., far the date ansi time oartain of the FY 1991/1992 C~BG Public ~~J• On May 20, 1991, the Mayan ani O®an Oaa:cil revie~red reooo~datians suUmitted by the 4~amau:ity Development Departo:er:t Citizen Advisory Damoittee affi app2+oved same far CD®G fundityg assistance far Fiscal Year 1991/1992. ReoaQmendsd Nation: (Mawr and C®om Camcil) Rid30I.VrIOti CB TBB MA]!O[t AMD CCeII+I~N COiA~ICII, OF T~ CITY OF 8AM ffi[aARDDA ADS ACID DIItBCFIIxi T~ IOI~i O9' A II.TY DMV&LGPMEI~TP BIACR ORp1Nf FOlID'IIii AL~ffi1P HE11i8E1i "IF>$ CITY OQ+' BAN HA AlID BAN B BOYS AMD d'ZZtIB CII1B, Z~., tar 10MIl~PH J. ! OLi, E:oa tIe Ddreotor Devalopmmt Giontact Person: Ren Fiendez'ean/Dd Flores Phone: 5065: 5081 Project Area: All Protect Areas Ward(s): All Wards T,~±++i ~ Data Attached: Staff Reroxt: Resolution: Aaxeement: E:dsibits FUNDIIIG RF7¢TIItII+Ir3afS: Amamt: S 12.000.00 Scux+ae: FY 91/92 CDBG IAC Budget Authority: Co®issiam/Oamcil Motes: Q K7H:ELF:lab:4409 d?aD:88iAN A~? Meeting Date: Jtme 17, 1991 Agenda Item Mo: ~- 0 0 Ban esrnardiao ecws and curls C1tII~ cRebsbilitat3am) FY 1991/1992 CDBd Aoirasmant ~ May 20, 1991, the Mayor and Oomnaci Council wrducted the PY 1991/1992 CDT3G Public Iieaz'ing atd awarded Comnu:ity Development 81ack GY'ant !lads to certain public service, capital impmovement and fair housing projects. Agseememtts are now zequired to iuQismmit said projects. 'fie attached Agreement between the City and San eernaxdino Boys and Girls Club, Inc., (Retx,+bilitation), iirludes a "scope of services" and "pmogram budget", referred to in the Agreement as Hd:ibits "A" affi "B", respectively. ~ese E~ibits era inoctporated by reference as though fully set Earth at length. II; Adoption of the attaciLed Resolution by the Mayan and Common Camcil authorizes and directs the Mayor to eocecuts the Agreement as described herein. I reoasmend adoption of the attac3ied Resolution. I Lail ~i1~1 l J. 1~~D !T, F.xaou w rector Development Dapartmertt o KTH:lab:4409 OD1BII86ION lp3aR'IIAi Nsatiag Data: 06/17/91 0 0 Q 1 3 arID ~ cry, sic., tR.babiiitatica). 4 Be rr REBdIPBD 87c TBB MAYO~t 71t~ID aoea~ COONCII, ~ ~ CST7! o~' SAN As >~.La~s: 5 section i. 6 7 (a) 4he Mayan of the City of San Bernardino is hereby autharized aryl directed to era~cute, on behalf of the City, an agreaoent far Conmauiity 8 Development Block c7ant fording with SAN BE~,RD>Z1o BOYS AND GII2T.S C[I1H. IATC. . 9 (Rehabilitation) , v~tric3r ags+ee?aerrt is attached hereto as P~ibit "1", and is 10 inoarporated herein by reference as though folly set faith at length. Ztre 11 - 12 far the granting of Comm<mity Development Block GYant Buds in the following amount of S12.000.00. 13 Bsaticrl z. O 14 15 (a) 4Yre autlrarizatiars to eraacute the above referenced agreement is res- circled if the parties to the agxemnesrt fail to exa<~rte it within sixty (60) 16 sixty says of the passage of this Resolution. 17 i HIItEBY CEKPgY that the foregoing resolution wes duly adopted by the 18 19 and Cnnnon of the City of San ~+*~*+*++'+~+y+ at a 20 thereof, held on the _ day of 1991 by the follawirrg vote, to wit: 21 //// 22 //// //// 23 /// 24 //// ~ %% / 26 //// 0 27 ~%/% 28 lab:3961 Rev. 6/11/91 -1- R~oivrsaet of ~ ctz~c of sax s~a~o ~ ~ of A c~ea xat~r ~~1 CIT1C uID sax o sons ]?2ID cis C[AB (Rehabilitation). • 1 2 iii 1~ ~ 1~ 3 ESQ _ 4 RETTTV _ 5 _ _ 6 rQaunsr~sc _ _ 7 rmxiat 8 - 9 10 11 12 ty clerk 13 ® 14 1!':e far+egoit:g Rasolutian is hereby appoaoved this _ clay of , 15 1991. 16 17 18 W.R. HcIAQ~, MaYox' City of San Bernardino 19 Apprvvad as to farm and 20 legal oantent: J71x1+8 F. PS1~Al~T~ 21 city Attorney 22 24 25 26 27 28 lab:3961 Rev. 6/11/91 -2- 1 BiRls151~1~tT1! 2 3 TfIIS A~~STP is entered into effective as of this _ day of 1991, at San Harnardirw, California, between the CITY OF SAN 4 BB~II10, a municipal aorporatian, referred to as "City", and ~i 5 6 BFPO BOYS AND GIRIS CCUB lRehabilitaticn), a not~uofit o®amity 7 service organizatiwz, referred to as "Subrecipient". City aryl Subrecipient 8 agree as follows: 9 1. Recitals. (a) Subrecipimzt has requested ft.,",v,~~i assistance frtm City for 10 fiscal year 1991/1992 lrCln ftmds available thratr~z the amity Development it - ', H1ock GYarft Program Pram the United States oP America to City. 12 13 $ that the expenditures authorized by this 14 are far the installation of c~?TMrir,n, em,intir,e (interiar and ® exteriar). and r+eaair leaky roof areas that are damaQina raoauethall courts, 15 whic3? are valid affi eligible oommmity development purposes, as defined in 16 CFR Part 570 in accordance with federal law and regulations, aryl that all 17 ftu:ds granted order this Agreement will be used far no purpose other than 18 those purposes specifically authorized. tae specific purposes an3 scope of 19 services of this particular great are set forth in Exhibit "A", attadied 20 hereto and inoorpoiated into this Agreement as though fully set forth herein. 21 ~ (c) Slrbrecipierrt will comply with applicable uniform administrative y~,lra~nar~t~, es described in 24 CFR, Part 570.502. 23 24 (d) Subrecipient will carry out each activity, program ard/ar project in cx~liance with all federal laws and regulations as set forth in 24 CFR, 25 Pert 570, with the following exoeptiar:s, (i) the Subzecipient does Trot assume 26 ® 27 the envirormxmtal responsibilities of the GY'arttee as described in 24 CFR, Part 570.604, ard; (ii) the Subrecipient does rot assume the GYarrtee's 28 lab:4410 Rev. 6/11/91 -1- ffiIBIT "1" © O © 1 reapoa:sibilities far initiating the review process under Esoarutive Older 2 Ncuober 12372. 3 (e) Subrecipient will oily with the tagr{*~**II set forth in the 4 Uniform RPlocatian Assistance and Reel Property Acquisition Policy Act of 5 1970, as am~ded, (URA), 49 CFR, Pant 24 in aooordanoe with federal 6 r+equlaticns when attempting to ar acquiring any building ar parcel of land. 7 Subr+ecipient will be required to obtain written approval from the Eyaeaitive 8 Director of the Development Department priar to any activity taking place 9 within the confines of URA 49 CFR, Part 24, as amescled. 10 2. Payments. 11 City shall zeimburse Subrecipient far allowable costs ixrvrr+ed under 12 the scope of this Agreemoe:st and applicable Federal regulaticns, whic3: have 13 not been paid far ar reimbursed in any other manner by any other Agency ar [/~?, 14 private ecwaoe of funding. Rei*~~~r+* will be made at least m a moasthly Vj 15 basis, with the kotal of all surh *n;+~*++~ements mt to esaseea Slz.ooo.oo. 16 3. ~ 17 This Agr+eemBT:t shall CIOR~foe ylY~~y 1. 1991. and terminate Jtufe 30, 18 1992. 19 a. Use of Pandas Budosts Travel Limitation. 20 (a) The funds paid to Slilurecipient. shall be used by it solely far 21 the purposes set forth in Paragraph 1(b) of this Agr+eamesst, and in aoooxdanoe 22 with the program budget submitted by Svbrecipient to the City of San Bernar~ 23 lino Community Develap?nent Department, a Dopy of which is attached to this 24 Agreement as E~ibit "B". This budget shall list all sources of Ru:3isr3 far 25 the program covered by this Agreement, whether fma State, Federal, local ar 2G private swr+oas, and shall identify which scur+oes are paying far which speci- ® 27 fic portions of the prngrma, by line-item, to the extent practicable. 28 lab:4410 Rev. 6/11/91 -2- O (b) rro travel expenses far aut-of-state travel shall be includes in this program unless specifically listed in the budget as sulmitted and ap- ® 1 t 3 proved, ens all travel expenses to be Raided fry Raids provided herder shall be specifically identified as travel expense, which shall be negotiated 4 between the City of San Bexrardim Development Department and S~brecipient in 5 the budget. Any travel expenses irairred by svbrecipient above the budgeted 6 amount ar far aut-of-state travel shall not be eligible far reimbursem~.nt 7 unless the priar written approval of the Festive Direotar~ of Development 8 Depar'bmant of the City of San Bermrdira, ar designee, has been obtained. 9 (c) Funds shall be used far purposes autl]arized by the Comamity 10 Developm~t Block Grant Program only, and no portion of the funds granted 11 hereby shall be used far any purpose not specifically autharized by this 12 13 14 (d) Only net payroll shall be periodically reimbursed by City as an © allowable poet. Any amounts withheld by Subrecipient tram an emDl.oyee's pay 15 ! far ta~oes, social security, ar other withholding and rat immediately paid 16 ~ over to another entity, shall not be ix.luded as wages ar expenses eligible 17 far reimbursement as an allowable cost until such ti~m ae the withheld tawas, 18 social seasity, ar athem- withholdings are actually paid over to amther 19 entity entitled to such payment. LJpa~ s~x3i payment and the sutmissicn of 20 21 evidence of such payment to the City of San Bernatidira Development j Development Department, such expenses shall be regarded as an allowable cast, 22 and the City shall reimburse Subrecipient far such obligation. 23 (e) Subrecipient shall be allowed, with the prior written approval 24 of the Development Dspartmpsyt of the City of San Bernardira, to malts c3ianges 25 to the budget during the first three (3) quarters of the fis~l year, so long 26 as Subrecipient is in compliance with Section "2" of this Agreement at the 27 time of scilamission of the budget modification request. A variation in the 28 lab:4410 Rev. 6/11/91 -3- r'~ .l Q O 1 itemizaticr? of coats, as set forth in the poropoeed budget submitted to City. 2 not to exiceed ten percent (10~) as to any particular line item, shall be 3 allowed, pmnvided that the priar written appx+oval of the Executive Director 4 of the Development Devalopmerit of the City of San Bernardino is obtained, it 5 being ia~dexstood that the total amamt of the grant shall not be varied 6 thereby. 7 (f) Ilse parties intend that grant funds be utilized within the time 8 period covered by this Agre®ent, aryl entitlement to any furrls not expended 9 ar obligated shall revert to the City. No reserve far the future shall be 10 established with the Sande except as mdy be authorized to meet ocmmitments 11 made far sesvioes provided during the period o! this Agreement, but not yet 12 paid far at the ocrrlusicn of this Ag=seromst. 13 (g) Subrecipimst shall re~mairs in oo~lianoe with all state, federal ' ® 14 and local laws priar to the receipt of any reimb~usemerrt h~ere~ader. psis 15 irrludes, but is not limited to, all laws aryl xegulaticns relative to the 16 form of asganizaticn, local business licenses and arty laws and regulations 17 specific to the business aryl activity cxxried out by Svbzecipient. Reimburse- 18 meat shall not be made to Sub2gcipimst whic3i is nat operating in oampliarsoe 19 with all applicable laws. Reimbursements may be subsequently paid, at the 20 discretion of the Eaoerutive Director of the Development Department far 21 reimL~srsement costs inarrred during the period when aomplianoe is achieved 22 before expiration of this AgraeIDer?t. 23 s. Aooamtina: Avdit. 24 (a) Priar to the final payment under this Agre®nmst, and at suds 25 other times as may be requested by the E~oecartive Director oP the Development 26 Department of the City of San Besnaxdino, Subrecipient shall sutmit to the ® 27 Diz+ectar an aooaarting of the piroposed and actual expenditures of all 28 lab:4410 Rev. 6/11/91 -4- ' Q ~ 1 revenues lrrm whatever scorns aoc>:vving to the arganizatim far the fiscal ® year ending Jture 30, 1992. 2 Fi nwmial re00r.'ds Shall be Llai*~'r i^~ by bvbmacipigt'rt in aooord- 3 ands with Generally Accepted Acoorurting Principles, and in a marurer which 4 permits City to trace the expenditures of Erode to source documentation. All 5 hocks atd records of Subrecipient are to be ]Dept open far inspection at any 6 time dta;itrg the business day by the City, its officers ar agents, and by any 7 repreee¢rtative of the LA'tited States of America authorized to audit oommJnity 8 development block grant programs. 9 (c) Standards far Pi.,~.,~i~,i martagemesrt systems aryl Financial report- 10 iT1g requiranezrta established by 24 CFR, Parts 65.20 and 85.22 shall be fully 11 oaaplied with by Svbr+ecipient. SUbrecipfent aclaxxaledges that the iluxls 12 prcrvidsd are federal Etude. 13 (d) Subrecipient's financial management system stall pe:wide for ® 14 aowrate, ctiuYent and cxag~lete disclosure o! the fi.,¦,Y-i,~i results of eac3i 15 program epartsoared by this Agreement. It is the xesparsibility of Subreci- 16 pient to ad~+¦*~~y safeguard all assets of the pmogram, aryl 3tilurecipimzt 17 stall assrn:e that they are used solely far autlorized proposes. 18 6. services It<*ailable to itesidmtsr MomitorinQ and~portinv~g~r 19 20 ~e services of Subrecipient shall be made enr~++hie to residents and 21 inhabitants of the City of San Bernardino unless athexwise Hated in E~ibit 22 "A". No pet~s~t shall ba denied service because of raps, polar, natia~al ari- 23 gin, creed, sex, marital status, ar physical handicap. Strbrecipient shall 24 Dangly with Affirmative Action guidelines in its employment peactioes. Subre- 25 cipient shall also monitar the program's activities aryl stilanit written re- 26 27 ports quarterly, ar more often if requested, to the F~cutive Director of the © Developmeatt Department o! the City of San Bertsardinto, in acoomdartoe with 24 28 lab:4410 Ftev. 6/11/91 -5- p ® 1 CER, part 85.41(c)(d) and Part 85.21. Fhilure to provide such quarterly 2 1~ ffiY P the P~3 by City of bvbr+ecipient's 3 requests far reimtxu~se7aent, and may justify +rY ~tt~ding ~ Prided 4 far in Paragraph "11" hereof. City reserves the right to waive such breach, 5 without prejudice to any other of its ric~rts hereaa~der, upon a fin;iing by the 6 Eyaecutive Director of the Development Department that suds failure was due to 7 extraordinary cirum~stanoea and that such branch has been timely cured 8 without prejudice to the City. 9 7. Pi"9iRlremBnt Practices; Oonlliot of T++~~•+!~F. 10 SUbrecipient shall comply with psncluement prrooerhu:+es and guidelines ll established bi' 24 CFR, Fart 85.36(d)(i), BUbrecipient "Procla~ent • 12 Stam3arden. In addition to the specific requirements of 24 CFR, Part 85, 13 Subrecipient shall maintain a Dods ar standards of ootxluct Midi shall govern © 14 the perforea:ne of its officers, employees ar agents in ocntracti~ with and 15 expendim~ the federal grant furr]a made available to SUbrecipient under this 16 Agreement. s;brecipient's officers, employees ar age¢its shall neither solicit 17 nar aaoept gratuities, favors, ar anythi~ of manatary value ~ oo;stractars 18 ar potential 4b the extent r~erm! ~*+, a by state law, rules, and 19 regulations, the standards adapted by SUbxecipient shall provide !ar 20 penalties, eanetions ar other disciplinary actions to be applied far 21 violations of surli standards by either the SUbxecipient's officers, employees 22 ar agents, ar by oaa;tractors ar their agents. S~uecipi~t stall provide a 23 Dopy of the Dods ar standards adopted tc City forthwith. All prncur+ement 24 transactions without regard to dollar value shall be ooasch;cted in a manrner so 25 as to provide maximum ~ and free oompetit3on. ~e Svbrecipient shall be 2G alert to organizational conflicts of interest ar nay-competitive practices ® 27 among ooa;tractare which may restrict ar eliminate aa~etitian ar otherwise 28 lab:aalo l~v. 6/11/91 -6- . 0 0 restrain trade. 5lrbrecipient agrees to adhere to ocnflict of interest provisions set forth in 24 CFR Section 570.611 and to the porocur+ement rules ® 1 2 specified in 24 CFR, Rsrt 85.36, in its experxiiture of all funds received 3 ursder this Agxeement. 4 e. Anti-kick Back Provisiamss Equal Emolovment oooortrmity. 5 All cartracta far oonetructian ar repair using Rinds provided urrler 6 7 this Agr+eem¢art shall include a provision far oa~lianoe with the Oopeland 8 "Anti Kick Back" Act (18.U.S.C. 874) as supplemented in Depsrtmerit of Labor 9 Itegulatians (29 CFR, R3rt 3) . R1ris Act provides that each caartractar ar 10 shall be prrohibited frtm irxiucing, b5' ~5' ~~, anY P~ ~- 11 ~ the oarm~ction, ecm~letian ar repair of public work, to give up 12 ~1' Part of the compensation to which he/she is otherwise entitled. Svbzeci- 13 p~ shall report all suspecrted ar reported violations to City. All oan- tracts in esmeas of 510,000.00 entered into by svbracipient using Bards 14 15 under this Agreement shall aantain a provisio¢r requiring oomplianoe with Equal Employm~t Opportauiity provisions established by Ewecutlve Order 16 Number 11246, as amended. 17 9. Prevailira Wage Requirement. 18 19 ~' oa:struction oantracta awarded by Subrecipient using Rinds 20 rarler tl.i a ~ era~ess of S2, 000.00 shall irrlude a provi- eion far ocmpliance with the Davis-Haoon Act (40 U.S.C. 276 (a) to 276(a)(7)) 21 and a8 supplemented by Department of Labor Regulations (29 CFR). Urrler this 22 Act, corrtsactors shall be required to pny wages to laborers and mechanics at 23 a rate not less than the minimmt wages specified in a wage determination made 24 ~ by the Secretary of Iabor. In addition, oaitractars shall be required to pay 26 wages not less often than onus a week. 3ubrecipierrt shall plans a Dopy of ® the clrr2errt prevailing wade determination issued by the Department of Iabor 27 in eac3i solicitation aryl the award of a ocartract shall be aonditianed upon 28 iab:aalo Rev. 6/11/91 -7- . o 0 O i the acoaThanoe of the wage deterooination. Subsecipient shall report ail sus- 2 petted ar x+epozted violations to City. 3 10. Atrordval of City of amr Charaas: yse of Proormm blooms. 4 (a) City hereby requires subrecipient to notify the City, in writing, 5 of its intent to ~ a fee far any service, the provision of which is 6 assisted pursuant to this Agree~nerrt. City requires Subrecipierrt to obtain 7 the priar writt~err approval of City far any drart~s ar fees tv be charged by 8 Subrecipient far such services, and of any rules aryl regulations governing 9 the provision of services heretiu:dex. 10 (b) pnogrmn irroome r+epr+esents grass income received by the I1 SUbrecipient directly generated from the use oP Rods pxwided heretiader. . 12 Such earnings include interest earned an advances and may include, but will 13 not be limited to, ire frrm service fees, sale of a®oodities, usage and © 14 r+errtal fees far real ar personal property using the Rinds p~xwided by this 15 Agreement. As to such inoaoe, it shall be first applied to eligible program 16 activities, befax+a requests far reimbursement and, in the use, shall be 17 subject to all applicable pravisia:s of this Ar~eemmzt. brccsls not eo 18 applied snail be remitted to City. 8<rbrecipieart shall remit all unspent 19 p~xvgram irnaoe to the City within thirty (30) days subsequent to the errs of 20 the program year (.hr<le 30, 1992) . 21 u. ~~Qorarv Withholdinc. 22 ~e E~aecutive Director of tyre Development Department of the City of 23 San Bernardino is authorized to tsmpazarily withhold the payment of Rinds to 24 Subrecipient when the Director determines that any violation of this 25 Agreement has occurred. Ptu:ds shall be withheld until the violatioan is 26 oorrecked to the satisfaction of the Enaecutive Direc~tar. Subrecipierrt shall © 27 have the right to appeal the decision of the F3aeartive Director to the Mayor 28 lab:4410 Rev. 6/11/91 -S- o a and O~~[1 Ouascil. 'Il'ls sole grotaids far suc3i appeal shall be that no violation of the Agreement has oocasrred. Svbrecipierst shall file eix3s appeal ® 1 2 within fifteen (15) days after such first withtsolding. '1}le Mayan and C 3 C~osascil shall set a date far the hearing of such appeal whirls is within 4 5 thirty (30) days following the date of filing. 32. Reoorde Reterstian. 6 Finarscial records, supporting doaanents, statistical records, and all 7 other reoomds perrrini.~ to the use of the Rods pxwided under this Agree- 8 went shall be retained by SUbrecipierrt far a period of three (3) years, at a 9 minimum, and in the event of litigation, claim ar audit, tkse rewrt3s shall be 10 retained until all litigation, claims and audit firdinys irrvolvirsg the re- f] - oords, knave been Rslly resolved. Rscards far ryon-e>cperdable pmopetity aoqui- 12 red with Federal Bads provided order this Agreemmit shall be retained far 13 three (3) years after the final disposition of suds pmoperty. O 14 is. 15 16 Nan-eocp~dabla personal property, far the gstpoees of this Agreement, I'4 is defined as tangible persaal pxvperky, pnuti3naeed in whole ar in part with 17 federal Buds, which has useRsl life of mots than one (1) year and an aoqui- I~ 18 sition cast of one~tlsoueand dollars ($1,000.00) ar more par unit. Real 19 20 meats lard, including lard impmovemsrrt8, etnsct<sres and appssrter:- anoes thereto, esocluding movable madsirsery aryl equipment. Nan-~dable 2] ~ personal psnperty and real px+operty p~n23~ased with ar improved by Buds pro- s vided under this Agreement shall be subject to the property massagemerst stan- 23 daxde set forth in 24 CFR, Part 85.32. 24 14. Teainatian for Cause. 25 (a) City reserves the ric~st to terminate this Agreaoerrt in accordance 2G with 24 CER, Part 85.43, and any aryl all grants and futta+e paym~ order ~ © 27 this Agreement, in whole ar in part, at any time before the date of 28 lab:aalo Rev. 6/11/91 -9- p ~ ® i ca~letion of this Agreement whenever City determines that the blrbr+ec:ipient 2 has materially failed to oo:~.].y with the terms and conditions of this 3 Agreemmnt. In the event seeks to terminate this Agreement far cause, City 4 shall prcm~tly notify the SUbr+ecipietnt in writing of the proposed termination 5 and the reasons therefore, together with the proposed effective date. SUbreo- 6 ipient shall be given an oppart<mity to appear before the Mayor and Coon 7 Camcil at the time at whic3i the Mayan aryl oammai Caaycil are to oa~sider 8 such recommended termination, and shall be given a reasonable opporttu:ity to 9 show cause why, if any exists, the Agreement should not be terminated far 10 cause. Upon determination by the Mayan and C®on Camcil that the contract ' I1 shaLld be terminated fog cause, notice thereof, including reasons far the - 12 determination, shall promptly be mailed to the bvbrecipient, together with 13 infoxmntim as to the effective date of the tezmination. Suds notice may be ?"`, 14 given orally at that hearing. one determination of the Mayon and G1®on ~,/ 15 Ootancil as to cause shall be final. 16 (b) In the event of array termination whether far cartes ar far 17 oanvenienoe, Slrbrecipient shall forthwith p4^wide to the Development Deparbn- 18 eat arty and all doc~tation needed by the Development Department to 19 establish a full reoozd of all monies received by b~rbx+ecipiarrt and to docume- 20 m the uses of same. 21 is. Termination for coaveniarns. 22 City ar Svbrecipient may terminate this Agx+aemm~t in whole ar in part 23 provided both parties agree that the oontiraration of the project world net 24 produce beneficial results oommens~uate with further expetxliture of Rinds. In 25 such event, the parties shall agree upon the termination caditians, 2G inrluding the effective date and, in the case of partial terminatia~s, the ® 27 portion to be terminated. The SUbrecipient shall not inair new obligations 28 lab:4410 ltev. 6/11/91 -10- o 0 1 far the terminated portion after the effective date and shall catfcel as many Q 2 outstanding obligations as possible. City shall allow svbrecipier:t full credit far the City's share of the ran-cancellable a~bligatiana obligations 3 properly incurred by the Subrecipient priar to *ermi*+~_ian. 4 16. Revereion o! Assets. 5 bvbrecipier:t agrees that opts: expiration of this Agreement, the 6 svbrecipient shall transfer to the City any and all CDBG fturls not used at 7 the time of expiration and any aooauits receivable attributable to the use of 8 CD®G funds. Subrecipient agrees that any real pr+opexty under its ocntml, 9 whic3i was acquired ar iagmoved, in whole ar in part, with CDBG Ruda in 10 e700@ae Of $500.00 shall either, (i) be used to meet one (1) of the three (3) 1] national objectives as set forth in 24 CFR, Part 570.208 until Pive (5) years 12 after expiration of the Agne®ne:rt ar sudi period oP time as detsimir:ed appro- 13 priate b5' the City, ar; (ii) is disposed o! in a manner whia3: results in the © 14 City being reimbursed in the amount o! the clrsxent fair marloat value of the 15 16 Ply leas any paatian thereof attributable to expenditure of, ar 17 ~ ~, the PrePerty by S~2+eciPient. Suc3~s reimburaeaoent is not 18 after the period of time speciPiad in "i" above. 17. 3fold Hatmieas. 19 20 ierst agrees to indeaa;ify, save and hold harmless the City arri the Development Department and their employees and agents Prom all 21 liabilities and ci~arges, expenses (including counsel fees), suits ar lasses, 22 hoaiever occurring, ar damages, arising ar grvwinl out of the use oP ar 23 receipt oP funds paid u~ this Agreement and all aparations under this 24 ~ Agreement. Payments under this Agreement are made with the tiu:deretan<itng that the City and the Development Department are not inwlved in the 2G performanoa of services ar other activities of the S~brecipient. Subrecipient © 27 arri its employees acid agents are independent ocu~tractors and not employees ar 28 lab:4410 Irv. 6/11/91 -11- p 4 © 1 agents of City aryl the Development Departmeart. 2 is. 8 3 This Agreemetrt may ba amerr]ed ar modified only by written.agresmant 4 sicy~ed by both parties, an3 failure an the part of either party to enfamoe 5 arty pmwisicn of this Agreement shall not be oonstxued as a waiver of the 6 right to compel enfamoe®ent of any pmovisicn ar provisia~s. 7 19. Aeaig~t. 8 aria Agreement shall not be assigned by Subrecipient without the 9 psiar written consent of City. 10 20. , 1 ] All notices here~.n requitirod shall ba in writing and delivered in 12 P ar sent certified mail, postage px+epnid, addressed as follows: 13 ~ ~ As to City: 14 Executive Dirackar' Jerry Hernlan, Eyoecutive Director 15 Development Departoomtt Snn Barnaxdirro Boys & Girls Club City Ball, Fifth Floor 1180 West 9th Street 16 300 North "D" Street San Bernardino, Calif. 92411 San Barrlazdtrfo, Calif. 92418 17 21. Et+ieenoe o! Authority. 18 Submecipient shall provide to City eviderfce in the farm of a 19 certified copy oP minutes of the governing body of SUbrecipietrt, ar other 20 adequate proof, that this Agreemmrt has been appmoved in all its detail by 21 the governing body of the Svbrecipient, that the persan(B) executing it are 22 authorized to act an behalf of Subrecipient, and that this Agreement is a 23 binding obligation on Subrecipient. 24 22. Certification of Assurance. 25 SUbrecipient shall comply with the pmogram requirements attac3~ed 2G O hereto as Exhibit "G"', which are inxbzpo~'ated by relerenoe as though fully 27 set forth at length and made apart o! this Agzeaoent by enaec~nticn of all 28 lab:4410 1Zev. 6/11/91 -12- p ~ ® 1 certifications and assurarnes of the CMG program. 2 23. Entire Aareemea?t. 3 Zhis Agreerent atri any doaaoent ar { *~r,,,morr attac3~ed hereto ar 4 referred to herein integrates all terms and oonditia~s mentioned herein ar 5 incirdmital hereto, and supez~sedes all negotiations and priar writing in 6 respect to the subject matter hereof. In the eaent of conflict between the 7 terms, ccrditions ar pravisians of this Agr+ee®ent, and any such docnnoent ar 8 instnmimit, the terms aml aocditicns of this Agreement shall prevail. 9 24. No 1lsird Part Beneficiaries. 10 No third party shall be deemed to have any rights hare~u~dar against 11 any of the pnrties hereto as a result of this Agreement. 12 //// 13 //// ® 14 //// 15 //// 16 //// 17 //// 18 //// 19 //// 20 //// 21 //// 22 //// 23 //// 24 //// 25 //// 2G //// O 27 //// 28 lab:4410 RN. 6/11/91 -13- Q ~ ~ gy 1991/1492 ~ ~ ~ , this ~ ~ 1 2 W1 t ~ tk~ writ''. ZN ~ceir~~ 3 tl~ ~,y aryl Y~ first ~ ~, ~ ~p 4 5 R,~'t gY: W.R• 6 7 c~ s 9 SY~ 1~ ~,~ farm ~' 17 1~'~' pyy: sar~''a'y 12 13 ~A~,syt 1~ 15 8Y: is 1 17 ~ 18 ~ 19 I ~y0 21 ?.3 24 ?a 26 ~7 -lq' p 4 '* ~••"' SCOPE OF SERVICES © UE~CF~ IP'T ICI tIF PRCPCSEU FR(~~lECT CITY CUBG P'R0P0~ AL 91 ~9~ CARFETIPtG: The Eoys and Girls C1ut~ of Sari Bernardino is in dire need of new carpeting throughout teen room, the day camp roam and the racquetball area.. The carpet in those rooms, at present is faded, badly stained, torn and because of wetness from the rain smells of miidrew. ESTIMAT'ID COST 14,604. P~iIPiTING bF THE BOYS AND GIRLS CLUB " INSIDE ANb OUTSIDE" liver 'the past couple of years grafitti writing on the outside of +±;A b,~~ldi*~g had bean a significant problem. Although the grouiem has pretty much subsided, the presence of grafitti writing still z~~sts on several portions of the building. The inside .~f the building has not had any real probierns with grafitti but the paint is ald and is in need of a fresh coat` ESTIMATED COST $5,004. F.EP.AIRS 4N P.OrJF 'F..~CQUETEALL .AREA AS NEETaED: The .:.tructural condition of the roof is verp paor and therefore hay Jevelaped a leak. During periods of rainfall, water comes down throu8h t<he roof and ieaiys onto the carpet and the racquetball cou•-t 3ira;,v,q beneath it. This causes •,n~at~r damage tQ the .:arpet and aisa tv the wood floor inside of the raquetbali court E~ i it~itnTF.Ii ii1ST S ~,4bQ. ffiIBIS non TDD~ o rr~w rroi.cc a>~ cries. oo~i_~uoanl. ~tm a) salaries and Fringe Benefits: $ supplies: S rrofessional sesviow: $ Traval,/Oaffarmtoeyselnirfe>:s: $ utilities: i Irsaaanoes ; oflia Equipoent: ; ot2lar: _ bj oalstnyctlm $ c) az>d $ d) Land Aoquisitian = _ e) Planning Activities ~ laehebilitatian Activities $ 1'£;'6a~ 4) ~ S Total rmjeot cost: $ 12,000 ~, X19 a~ ~~, land aoquisitian a~ rehabilitation activities only.) Q Estlmntar: business FBtimat@~• Z Cnrvi ra i.onn~~ f.arpat ThacP era nai nti ng and rarnpt hneinacc vhn carvac Tha Tnl and F.mjyi ra for many years. h) Idler:tifv other lundirtQ soim~es: Identity txteBdtsants or applion- tlons !ar ila~ds tram olbtr oouroes to i>Qlment lhis activity. I! othe¢~ finds Aaw been ap~~+wtd, attad? evidence of t~itment. s~aoe of ltaeis ~ ~ No other funds or sources s i) Was thia pmeject previwely t<adad with CIBG 1lstds? Yas lio R If YES, irritcate the year(s) in tdsid? CTBG 11ads tare received and the ~ar:ting entity: j) If you have never received CuBG lla:di:lg, Pa:+aride evidence of any dd~itiaalit neoeseas~ s~lY P4'a3~ ffiIBIT ^E" . o Q . O for sOBRHCIPI~iPB 1. s~molaaantal 7~o~tion for Subrecip~ea?t As a suooessful appli~nt of the City of San Bernardino FY 1991,/1992 Community Dsvelolaoeatt Block Grant (C'DBC) ProgLam, you are not only agreeing to pa+ovids the services as stated in your application, but also to abide by the CflBG Pr+ograua raquiremems and responsibilities. 7b further assist you in tu~dsrBtanding said requirements and respa:sibili- ties, the followitxj s~a®aries and attadaoents have been prepared to introduce to ar update you an eadi item. Additionally, this instn:ctional package will Y~r 9 ~Y official to read and sign his/her signature as part of the CMG 2. Mpnthl~i~sst for ReimMtrssment Deadliae: Dw the lifth (Sth) day after eud of each colander month unless otbenrise stated in the COBG agreement. ® Include the following: a) One (1) ornpleted Request far Reimburseioent farm. b) One (1) Dopy of ~ decks issued that are being reimbtumed. c) One (1) Dopy of ~ bills/reoeipts that support dyeck(s) issued. d) One (1) copy of ~ payroll c3yec)c(s) that are being rei~ased. e) One (1) Dopy of ~ d~eclc stubs, aocaa:tfng ledgers, an7,lar other docaansntaticn that reflect genes salary a~ all deductia~s far eadi deck(s) issued. f) One (1) page narrative describing activities ~ during the month included far reimbursement. 3n response to its part of each agreement, the City agrees to pay all invoices within thirty (30) days after it r+eoeives the invoice provided the City is satisfied all expea~ses have been inoulz+ed within the scope of the e~oeouted agraenoant and that the subrecipient oantinues to Damply with the terms acid conditions of the CDBG agramoazit. (Generally, inwioes are processed within ten (10) days of receipt of same.) 'Aye City resazves the riot to defer pmooessinq of irrvoioes and withhold payments until all required reports, statements, and/or certificates have been suYmitted ® and, where necessary, approved. lab:3025 -1- CaB3 7?AOGRAtA![ ffi~TI'8 Rev. 6/11/91 ]!'isosl Yeer 1997,/1992 EZHIEIi nCn ,~ o ® g} All accaalting records arri eviderne pertaining to all costs o! each subr7ecipieQ:t and all doaanallts related to the COBG agr73ae~:t shell be retained end available far three (3) years following the completion of the Buried pzngsam. h) Each subrecipient agrees to allay the City of San Bernardino Oamna:ity Developoent Deparbmerrt to audit the Burled program as part of its annual audit of all C9BG Buds pursuant to federal regalatians set forth in Title 24 of the Oode of Federal Regulations. 3. A~rts/R°^o,+iM Ra<,~rama.ts a*.+~++ Reoo_*+as/R.~cord Iteep~•~e R~*,1ra„es,~ idlile staff realizes that report lrritillg and reooai-xeeping ere net the most desirable aspects o! any progravn, it is cage vehicle that provides a measure of program prograsa old aoornplistanents. Thus, all subrecipients the~tyof activities on ar before the tenth (10th) day of October, January, April and July of any given pragtam year for the p~revia~s three (3) month period in addition to a final. report tirtlerl the agreement tezminntes. All reports shall irrlude info~nnaticn m pragxam activities, aoorngliatnoea~ts, new program inforsoatial and c~r'ent program statistics on expenditures, wee loads aid activities of the reportir:g period. Each subr73cipient is also raquir+ed to maintain monthly records of all ethnic and racial statistics of persons std families assisted by its © program(s) . This ma:tllly raocrd shall include data cxi the rr~naber' of law and moderate inoane pexlaans and households assisted, (as deterntined by federal inooDae limits), number of fmoe].e-headed households, and naober of senior citizens assisted. As mentioned earlier, anti! subrecipiellt is reCjll~rad tO keep all a00Dlulting l900rde and evidence p~++.ini ~ to all costts far three (3) years following ampleticn o! the !laded progzam. 4 PohL~r~rly p~nrl~a • ~--_. Deedlinss: October 10 -for period oWaritg Jule 1, to September 30, of program year. Jem:azy 10 - for period oovarinq October 1, to December 31, of program: pear. April l0 - for period covering January 1, to Mare 31, of prograaa year. Jule 10 -for period oovaring April 1 to June 30, of progrmm Y~• 7ilclude the followir:q: a) One (1) oaq~leted Activity Report (form number 802). ® b) One (1) crnpeted Direct Benelit Report (farm number 045(x). lab:3025 _2_ c~G PIi0f801![ ~ Rev. 6/11/91 Fiscal Year 1991/1992 © Q c) A'ie (1) completed Oontsacst and Suboontiact Activity Report (f~nn OM8 ® 2506-006). (Far oor~strv~ction projects only.) It is the responsibility of the subrecipient to p2epax+e and submit the required marts by the above stated deadlines in artier to ]Deep City staff informed of any cta~xJes to the funded prvgnam(s). 5. Cne of the City's responsibilities is to monitar soda subrecipient at least once a year. Not only are the monitaritg visits intended to ensure each agency's continued ~lianoe with CoBG r+equir+aoents, but also serve as an oppootamity far City staff to become more knowledgeable of eac3~ agenwy's pmogram(s). The monitaring visits also serve as an q~porkiatity to pa^wide information to other City stair, the Mayan and cbnmon oaa',cil sad other interested persons. Listed below is typical infarmiation City staff will be seeking, observations that mic~t be made, and ltsms we may wish to review: a) The aoocaq~liskmnent(s) of the progYmn(s) to date. b) i+3~ethar ar not pragnam objectives are being met. ' c) That the intended client group is being served. d) The nnmtber' of people on stafl. e) The existence and maintenance of client files. f) Assistance City staff can provide. © In addition to monitoring each agency ome a year, the C1ty of San Bernazdino Development Department reserves the riot to have its internal auditar conduct an onsite audit of the program as part of the its aruNal audit of all CDBG futY9s pursuant to Federal Regulations. Although the terms "moniton-3rng" and "audit" may appear eomed~at formidable, please be assured that your agency will be notified in advance of any request Par a monitari:g visit. Alec, please ba advised that representatives Fran HUD monitor the CD®G po,ogiam every year During HUD visit(s), they may wish to monitar one (1) ar more of the City's subracipiants. If your agency should be selected, you will be notified in advance in omder to arrange a mutually convenient time. 6. Another r+equitred element of your CO®G agreesmnt with the City is the progrmn budget. Please sukmit an updated line item budget reflectim~ your approved CDBG allocation. Also, include a Dopy of your overall program budget with a sumoary of yair'funding souxoe(a) and the total agency budget. The CDBG portion of your total program ar ngen-Y btK]gat should be identifiable. 2n past years, several agencies have raised questions regarding minar~ budget mrxiifi~tions ar adjustments. Staff realizes that the appr~wwed budget may esquire minor adjustments during the life of the program and © request that you discuss proposed dm~ges with Development Department staff. lab:3025 -3- CCBO PROfHtAM Ii~QOIIa~NPB Rev. 6/11/91 Fiscal Year 199],/1992 Q 4 [ ~ two be'pu~ 3~ased~wi ~ i as~! yw neea~ tole ~ e~9~, v please discuss it with Devela~aent Depni^~nt staff. 7. ~"++~~s=~ of Pa!++~+~~ Proosrtv or lfa~i~ezit (Read Bectio~n i'13" of the C~6 All tangible persw~al property having a useful life of more than one (1) year arrd an acquisition cost of three hurrlred dollars (S300.00) ar more per unit shall be subject to tl'?e requir+ennerrts of the Property Marsagemerrt Starriaxrls specified in 24 CFR, Part 85.32, "Omaron lade". 8. e a) All equipment arYi property purchased in accordance with the above starY9ards shall be identified as "Federal Property-HI.iD", (include your internal Identification Number). Identification may be adsieved by tagging ar engraving the property ar by any method that will - result in property Identification Number being y affinaad. b) M„ints,~n a eepa:ats record of all sllc3l equipment aryl property. Information stlall iTlClirde3 Name/Description -Serial Number -Identification Number -Date P~urhased -Rirc3~ase Price -ooniiticn (i.e., e~ocellent,/c~ood/fair/poor) (i,e., polar/features, etc.) physical Location (i.e., address/offioq/rvcm, etc.) c) Submit an irrventary listing to the City of San Bernardino Development Department each veer endixnr Aare 30. Said listing is to be submitted by J~r,7,v 1010 following the end oP the year. Rtre list shaild include all the infonaaatfan listed under item "b" above. d) A D request must be sulanitted to the City of San Bernardino Development Dapartmmst far any apiuovsd purdrases that are not in the ariginally approved budget (see agree®ent). Written authorization nos ~g obtained from the Developmett Depnrtmesrt by subrecipiesrt prior to the pur¢3nase of arty equipment, whether ar rat said equipment was irx~luded in the agmncy's ariginal ~J~• e) It is the responsibility of the subrecipienrt to mn!*+tai*+ and repair all property acrd equipment purrc3raeed with CDBG ftmds. It ie also the r+espa~eibility of the subrecipiernt to identify all purchased equipment arri property with ~ ar eigravirg. and to supply Brame. 9. wsTi ±..--.,..t{„~ ame'„yet nrxa+~.~+t=t±aa ® 73re City of San Bernardino Deve],apment Department requires soda agency to observe aryl ooaply with all aooounting rules and audit as set lab:3025 -4- COBG RRO[~M Rev. 6/11,/91 Fis~l Year 1991/1992 p Q forth in the CMG agr+eanent. 1t~e following is a brief description of the © most pr+ctminertt requiremmrts: a) As a participant in the City of San Bernardino CDBG Program, each subr+ecipient agr+aes to keep all funds reoeived fry the City separate from any other sources of fording. b) Each subr+ecipient also agrees to keep records of all fords received from the City of San Bernardino in accordance with the procedures set forth irr the "Agreement Aooamting and a~ni*i*i**ative Harx~ook". A Dopy of the Handbook is attached. 10. oertifiaatiaa and 7lsaurarne Attac3~ed is a Dopy of tha Certification and Ass~nanoe fo~rn to be prepared aryl signed by the designated gcverrrinq official(s) of the subx+ecipient agency. iris doc~naent is to be attached to the CDBG agreement and shall becc~e part of the governing r~equix+emerrtB. lab:3025 -5- ~p PAO~ ,fig Rev. 6/11/91 Fisasl Year 199/1992 Q 4 ~~~~T~ © ~~oertifioatioA and Assuranos~~ (TO Aooo~sny c~BG Agreement) I, (Name and T tle of Off c ) ~ of the (Name of Agency/ tia~n) located at do hereby make the following oertificaticn an8 aseurarne to a~az~y the oaommity Development H1ock Grant Agt+eaoent between (name of )and the ty of San a) Oertify that the informatiop booklet far CDBG PL~ogram z+equirements has been read and tnrdetstood; and b) Assure that the (rams of Agency) will oonQly with all as pulated herewith in the parformarx;e of the CDBG Agreement, Dated: (S tore of Off ) Dated: Development Departde~t Repr+esm~ta ve lab:3025 Rev. 6/11/91 lab:3025 CDBG PIi0~AM ~ Rev. 6/11/91 Fiscal Year 1991/1992