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HomeMy WebLinkAboutR08-Economic Devlopment Agency 4 4 O ~ ,~, FYt'm: IO~IIdL+'ifI J• F Subject: P7r 1991/1992 COBri Ali' EyaealtiVe DireCto2' HE1WE®i CITY AND ffiOIIIADID DIB'1RICP CODNCIL ON'A6D?l3, Date: Jt1nB 11, 1991 (g~pr pmt) synopsis of Previous Camnisaian,/Cbuacil/committee Actions On Febzuary 11, 1991, the Mayor and Common Council appmwed affi adopted the FY 1991/1992 CDBG Piogrmn Mix and authorized staff to solicit proposals far emae. On May 6, 1991, the Mayan arri Oomtnon CYxu:cil took an action establishing May 20, 1991 at 3:00 p.m., far the date and time certain of the FY 1991/1992 CDBG Public Hearing. On May 20, 1991, the Mayor aryl Casnorl CCrrrrsCil reviewed reoc~oetxlations sutm{tte3 bl' ~etY Development Citizen Advisory Ocemtitttee and approved same far CDBG Rurding assistance far Fiscal Year 1991/1992. Reoaooeasdad Notion: l~gyor affi ao®on oamaiil © RF~OI~V1T09i OQ~' T~ NA7~ AMID OD2~497tT COSIIdCII. 09' R'~ CSTY OR' 8AN AD34DliiZIId(i AMID DIR®GTIId(i T!~ E~C.VPIOId 09' A COlIIdIA~II'19C DEVSIDP1aNTP ffiAC1C ORADTP FDNDIIdCi ATP HEl~I TED3' CIT7C OF SAN HE~II~ AND ffi0ffiADID D~STRTCT COiAdCII, Old AGII~X;, II~1C. , (BEL~IIOIt CSJI'ER) . ~ (d~~ ~e Development Departmsat Cta:tact Person: ices Herrlermn/Nd Flores Phase: 5065; 5081 Project Area: All Protect Areas Ward(s) : All idarric Supporting Data Attacked: Staff Reoort• Resolutions Aareement• ba,it,i+s FiII~IDITIG RDp[T~dTS: Amount: S 3.300.00 Source: FY 91/92 CDBG IOC Authority: Commiseioas/Owascil Noteas ~FI:ELF:lab:4409 pa,~gg~ ~,~ !lasting Dates Jssrse 17, 1991 Agenda Item Nos o 0 s<3 a1La~ Dieu ct Ooi.•^^a 1 am aai„e Inc (senior Oanter) FY 1991/1992 CnBO Aareament Cn May 20, 1991, the Mayan acrd 1 OOAII'1Cj.1 OaCdUOted the FY 1991/1992 CDBG Public Heariflg and awazded Ovsata~ity Development Block Grant Rods to oeztain ~li~red to i~lement~ects.fair housing pmojects. Agreements are ~e attached Agre®merrt between the City aid Hic~slard District oau~cil an Aging, Inc., (Senior center), includes a "scope Of eervioes° and "program budget", x+eferred to in the Agreeamesst as Eydiibit6 "A" and "8", z~espectively. 'These E~ibits are inoorpoxated by reference as though Rally set faith at length. Adoption of the attached Resolution by the Mayor and Ooma0n Oau~oil autharizea and directs the Mayor to execute the Agreement as described herein. I x+eoaaoerd adpptiass of the attadbed Fiesolytion. F~aQ~~1~1~IDBR8 lei, S~reaot w D etor Devalopmazit t :lab:4409 MEL"1'II~ Nesting Dates 06/17/91 © O x Rr~o~.vrsat~t aa~ ~ xi?x~ ~ a~xss~er oo~scu. a8 ~ crr~c o~ sax ® 1 2 av~o~saa~ ~ nzxsernaa ~ m~rsoei oar a oos~a~rr~r nevsro~r szocic c~taxr r ~ crr~c aF sax ~ ffioBS~ DxsrRZCr 3 QOUOrICU. ON AGII~i, ~1C., (8enior Citisan Fitness Psvgram) 4 ~ zT Rsaozvm Bx xas ~ aaM~ aoa~~, cF ~ cia~t OF sax as FOISG~ilB: 5 aectiam i. 6 (a) aae Mayan of the City of San Bernardino ie hereby authorized and 7 directed to execute, an behalf of the City, an agreement far Commnmity 8 Development Block Grant funding with HIc~AND DISII2ICT COLItiCIL~ Ox AGING. IIQC.. 9 (senior Fitness Pmaraml . which ~reemmit is attached hereto as E~ibit "1", 1o and is incorporated hergin by reference as though fully set forth at length. 11 ~ ~ far the granting of Comity Developmrent Hlock Grant 12 l~mds in the following amount of S3.300.00. 13 eectio~? 2. 14 ~r+ (a) ~e authorizatiaa~s to e~aeeute the above refere»oed agre~es:t is res- 15 cinded if the parties to the agreement fail to e~ae~a~te it within sixty (60) 16 sixty days of the passage of this Resolution. 17 I F~[2EBSt CERZ'SFY that the fos~egoitg resolutia~ was duly adopted by the 18 Mayan and CamDOS: Camcil of the City oP San Bex~naidino at a 19 meeting thereof, held an the _ day of 1991 by the following 20 vote, to wit: 21 //// 22 //// //// 23 /// ri/r 24 //// 1/// 25 //// //// 26 //// © //// 27 //// 28 lab:3961 Rev. 6/11/91 -1- ~eoivrrarr of ~ crrsr aF eur eau Avr~xaaio ~ ~evr=arr of caea r t crr~c x~ ffic~ a=s~riucr coa~cu.. at7 AGII~ICi, IIIC., (8enior Fitness Progtami). 2 1~ ~'8 1 3 Est 4 RETTSV 5 ~ - - - 6 MADD67EY _ _ _ 7 M~xet - 8 Pow-i~tm~~+rt - - - 9 MILiIIt _ 10 11 ' 12 ~' C1erk 13 14 4he foregoing Rpsolutian is hezeby approved this _ day of , 15 1991. 16 17 18 W.R. HJIA'FID, Mayor City of San Bernazditlo 19 APP~~ as to form and legal aonteat: 20 JAU~ 8. PEL1~T~ 21 city Attorney 22 By: Q 23 24 25 26 O 27 28 lab:3961 F~v. 6/11/91 -2- p 2 '~S AGE21~1T is entered into effective as of this _ day of 3 1991, at San Bernardino, California, between the CI'PSC OF SAN 4 BE[~RDIKO, a municipal corporation, referred to as "City", and ~ 5 Tn~SCP ~t~ CN AGING INC lConirn- riti~e„ Fi+>ba pl~,~) a nonpro- s fit comity sarviae organizaticn, referred to as "SUbrecipient". City and 7 Subrecipient agree as follows: 8 1. Recitals. 9 ~ (a) subrecipient has requested Pinancial aseistanoe frrnt City far 10 fiscal year 1991/1992 firom ftmds available through the Caoemmity DeveloPmer:t 1] Block Grant Program from the United states of America to City. 12 (b) subxecipieQCt repr+eserrta that the expenditures authcrized by this 13 Agr+eetoent are far thn trovi si an of e7aescise tm~rramQ far sue. i ar ci i to ® 14 a$Si_~t iT! helping t1+~am With fl ifiil i*v_ neianil srr ~m> ;rffi a.ri ~.i 15 whic3i are valid ant eligible ammomity development purposes, as 16 defined in CFR Part 570 in aooordanoe with federal law arri regulations, an3 17 that all funds granted under this AgL~ent will be used far no purpose other 18 19 than ttx~se specifi~lly autharized. ~e specific Purposes and scope of services of this particular grant are set forth in ndiibit "A°, attached 20 21 heretA and ~ intA this 79greemertt as thous fully set forth herein. ~ (c) Subrecipient will oanply with applicable uniform administrative requis~ts, as described in 24 CPR, Part 570.502. 23 (d) SUbrecipient will carry out each activity, program ar~/ar project 24 in ac~lianoe with all federal laws and regulatioa:s as set forth in 24 CPR, 25 Part 570, with the following exceptions, (i) the Subrecipient does not assume 26 ® the enviirorm~ental responsibilities of the Grantee as described in 24 CPR, 27 Part 570.604, atrl; (ii) the Subrecipient does not assu*!_ the Grantee's 28 lab:4404 Rev. 6/11/91 -1- EIIIB11' "ln p 4 © 1 respa':sibilities far initiating the review p2noess under Fyaecutive Order 2 1llnaber 12372. 3 (e) s~bzecipient will comply with the +±~,{,,,,,,,,,,,*e set forth in the 4 Uniform Relocation Assistance and Real Fhroperty Acquisition Policy Act of 5 1970, as amerrled, (LAZA) , 49 CFR, Part 24 in acoordanoe with federal g regulations when attm~tirrg to ar aajuiring any building ar Parcel of land. ~ Subrecipient will be required to obtain written approval fxtim the E:oecutive g Director of the Development Department prior to any activity taking Place g within the confir?es of URA 49 CFR, Part 24, as amended. 10 2• Payments. 11 ~tY shall reimburse Subrecipient far allowable poste incurred under 12 the scope of this Agreannt and applicable Federal rngulaticns, which have 13 not been paid far ar re{,,,ti,,,,9a in any other mariner by any other Agency ar © 14 private so:n~ce of flirdirrg. ~t will be made at least an a monthly 15 the total of all such 7+~{*~H+++e~,.*a not to p.~a~eed 53.300.00. 16 3• ~z 17 '~8 ~'~t shall cammetroe ~Ltly 1. 1991, and }~~+"{*+¦*~ Jti~e 30, jg 1992. jg 4. vas of PL+!~~s 8~++'~+~*• Trav-~ {,fit t{on 20 (a) ire funds paid to Subrecipient shall be used by it solely far 21 the Purposes set forth in Paragraph 1(b) of this Agreement, and in aooordanoe 22 with the program budget submitted by S~:bmecipient to the City of San Bernar~ 23 dino Community Development Department, a Dopy of which is attac3~ed to this 24 rn as E~ibit "B". 7Y:is budget shall list all sources of funding far 25 t~ P~3r~ by this Agreement, whether frcza state, Federal, local ar 26 private eouroeg, and shall identify which sour+oes are paying far which speci- Q 27 fic porticos of the pmogram, by line-iten, to the extent prcacticable. 28 lab:4404 Rev. 6/11/91 -2- p O (b) No travel expenses far out-of-state travel shall be included in 1 2 this program unless specifically listed in the budget as subDOitted and ap- prwed, and all travel expenses to be fbnded fran funds p2wided hex+s~mder 3 shall be specifically identified as travel expense, whic3i shall be negotiated 4 between the City of San Bernardino Development Department and Subrecipient in 5 the ~g~• ~Y travel expenses incuxx+ed by Subrecipient above the budgeted 6 amamt ar far out-of-state travel shall not be eligible far r+eimbuzs~aent 7 unless the priar written: appxvval of the Executive Ditectar of Development 8 Department of the City of San Bernardino, ar desicy~ee, has been obtained. 9 i (c) F1ur]s shall be used far ptn.~oees authorized by the Caamunity 10 Development 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 © (d) Qtly net payroll shall be periodically reimbursed by City as an 14 allowable cost. Any amau:ts withheld ~ 15 by Subrecipient from an e~lcyee s pay far ta~oas, social security, ar other withholding and not immediately paid 16 over to another entity, shall not be included as wades ar expenses eligible 17 far reia~usement as an allowable cost until such time as the withheld taxes, 18 social security, ar other withholdings are actually paid over to another 19 enitity entitled to such P4Y~'+t• ~1 stu3i FaY~t and the submission of 20 evidence of such payment to the City of San Bernardino Development 21 Developnent Department, such expenses shall be regarded as an allowable cost, 22 a~ the City shall reimburse Subr+ecipient far such obligation:. 23 (e) Sulurecipient shall be allowed, with the pn:iar written appzoval 24 of the Development Department of the City of San Bernardino, to make 25 to the budget during the first three (3) quarters of the fiscal year, so long 26 ® as Subrecipirnt is in oomplianne with Sectica: "2" of this Agr+e®ent at the 27 time of submission of the budget modification request. A variation in the 28 lab:4404 Rev. 6/11/91 -3- p Q ® 1 itemization of ousts, as set forth in the poroposed budget sutmttted to City, 2 not to exceed ten pernent (10$) as to any particular line item, shall be 3 allowed, pawided that the priar written appxaval of the E~c:utive Director 4 of the Develapoent Develo~ent of the City of San Bernardino is obtained, it 5 being wr]erstood that the total amount of the grant shah not be varied 6 thereby. 7 (f) Rhe parties intend that grant funds be utiiized within the time 8 period covered by this Agt+eemettt, ctrl entitiemertt to any tlmde not expended 9 ar obligated shah revert to the city. No receive far the !afore stall be 10 established with the fla:ds except as may be authorized to meet commitments 11 made far eprvioes pmovvided during the period of this Agreement, but not yet 12 paid far at the oorrlusiart of this Agreement. 13 (q) Subxecipient shall remain in compliance with all state, federal 14 and local laws priar to the receipt of any reimbursemoent her.+esasder. 2Y:is 15 inclttdes, but is not limited to, all laws atxi reguiatians relative to the 16 farm of arganizaticn, local business licenses and any laws and reguiatiane 17 specific to the business and activity catsied out by Subrecipient. Reimbuxse- 18 went shall not be made to Subrecipiettt which is not operating in compliance 19 with ail appiicable laws. ~s may be subsequently paid, at the 20 d~'etian of the Executive Director of the Developmmlt Department far 21 ~ ousts incurred during the period when cmglianoe is achieved 22 before expiration of this Agreemett. 23 s. Acoamtira; Auait. 24 (a) Priar to the final payment tuner this Agreement, and at such 25 other times as may be requested by the Executive Director of the Development 26 Department of the City of San BexnaLdino, Sltbrecipie~tt stall suttait to the 27 Directar an acoautting of the proposed and actttai expenditures of ali 28 lab:4404 Rev. 6/11/91 -4- 0 0 revenues ~ yd~atever scorns aazuing to the asgat?izatian far the fiscal year etlding Jtme 30, 1992. ® 1 2 (b) Financial records shall ba yiai.,r~i~ byr SuL~ecipietit in aocord- 3 once with Generally Accepted Aooamting Principles, affi in a manner t,~ic3i 4 permits City to trace the expenditures of fla~ds to source docamo~taticn. All 5 books and records of Subrecipisnt are to be kept open far inspection at any 6 timo during the business day by the City, its officers ar ag~ts, and by any 7 repres~tative of the United States of America authorized to audit community 8 development block grant programs. 9 i (c) Standatz3s far financial management systems affi financial report- 10 ing recd+i*+~**¢ established by 24 CFR, Parts 85.20 affi 85.22 shall be fully 11 oa~lied with by Subrecipient. Subzecipieast ac]o~owledges that t2se funds 12 pmovided are federal Buds. 13 (d) SUbrecipierrt's financial managemer:t system shall provide far Q 14 accurate, current and cadets disclosux+e of the f{*+~+TM•i~i results of each 15 program spca~soored by this Agreement. It is the respa~sibility of Subreci- 16 pient to adequately safeguard all assets of the program, and bvbrecipie¢~t 17 shall assure that they are used solely far autha:ized purposes. 18 6, Services Available to Residents: ldo~torina and Raoortiuc 19 Perfotn?nnoe. 20 ~ services of Subrecipimit shall be made available to residaits and 21 inhabitants of the City of San eersarrlino unless otherwise noted in E~ibit n n~ A No persor? shall be denied service because of race, polar, national ari- 23 gin, c~.:+eed, sex, marital status, ar physical handicap. Subrecipient shall 24 ca~ly with Affirmative Action guidelines in its eugloyment practices. Subre- 25 cipient shall also mazitar the program's activities and submit written re- 26 © ports quarterly, ar more often if requested, to the Ewealtive Director of the 27 Developooent ~ of the City of San Bernardino, in aooatz7ance with 24 28 lab:4404 Rev. 6/11/91 -5- . p O . 1 CFR, Part 85.41(c) (d) a;d Part 85.21. k'ailUr'B t0 provide suds Y..~..;+ly ® 2 Psi reparts maY P' the P~s~ b1' city of Subrecipient's 3 requests for ~, and may justify tsaporary withholding as p~rwided 4 far in Paragraph "il" hereof. City reserves the ri.c~t to naive such breach, 5 without prejudice to any other of its rights hereunder, upon a firdim~ by the g >~aecutive Director of the Development Department that such failure was ~ to 7 extraordinary cir~ostanoes atri that such breach has been timely clued g without prejudice to the City. g 7. Pmctiu~enent Practices; conflict of Eaterest. 10 Subrecipient shall comply with proau+ement prvoedurea anti guidelines ll established by 24 CFR, Part 85.36(d)(1), Subrecipient "Prnau+ement - 12 Standards". In addition to the specific *equiA of 24 CFR, Part 85, 13 iPient shall mai„r,.in a Dods ar staandards of oocrb.xct which shall govern 14 t~ P~ of its officers, employees ar agents is oartsacting with and 15 nJ the federal grant fuels made available to bwbrecipient under this 16 8ubrecipient`a offiaere, ~go].cyees ar agents shall neither solicit 17 nor accept gratuities, fawns, ar anything of monetary value from oontrnetore 18 ar po~tentiai contractors. Rb the extent permissable by state law, rules, ani 19 regulations, the starr]ards adopted by SvlueciPient shall provide far 20 penalties, sanctions ar other dim-iplinary actioce to be applied far 21 violations of such ar,.?+aA*a~ by either the Subrecipient's officers, employees 22 ar agents, ar by ~ ar their agents. Subrecipient shall provide a 23 SPY of the code ar stanr]ards adopted to City forthwith. All prouuement 24 transactions without regard to dollar value shall be conducted in a manner so 25 as to p~rwide maximum open and free oompetiticn. '!he Subrecipient shall be 26 alert to organizational conflicts of interest arson-competitive practices Q 27 ~ may restrict ar eliminate ooogatitian ar otYberwise 28 lab:aao4 Rev. 6/11/91 -6- . p restrain trade. Subrecipient agrees to adhere to conflict of interest 1 pmovisicne set forth in 24 CFR Section 570.611 and to the prvct rules 2 specified in 24 CER, Part 85.36, in its expenditure of all Rinds received 3 under this AgreeDOent. 4 8. Anti-Rick Hacl[ Pswiaionas Equal Emolcrvment ooooztrmity 5 All contracts far oanstruction ar repair usi~ funds pmwided under 6 this Agreanent shall incltxle a pxwision far oompliarna with the Copelarxl 7 "Anti hick Back" Act (18.U.S.C. 874) as supplemented in Department of Labor 8 Regulations (29 CFR, Part 3). 1l1i8 Act pmovides that each contractor ar 9 subgrantee shall be prohibited fi+un irr~cirg, by any means, any person em- 10 played in the oanatructian, oompletim ar repair of public wank, to give up it - any part of the woq~ensation to which he/she is otherwise entitled. sukareci- 12 pient shall x+epoa.-t all suspected ar reported violations to City. All oon- 13 tracts in excess of $10,000.00 entered into by subrecipient using funds ® 14 p~mvided under this Agreement shall contain a prwiaion requiri~ o~liance 15 $~l mploymmlt Opporau~ity pmovisions established by Exeaitive Offer 16 Number 11246, as amended. 17 9. $~iar ilisxt Warne Reauirmmt. 18 Any oonstructicn aantracte awarded by SUbrecipient usim3 funds 19 provided under this Agreemerst in excess of $2,000.00 shall include a pravi- 20 sion far oarglianoe with the Dnvis-Baoar~ Act (40 U.S.C. 276(a) to 276(a)(7)) 21 and as supplemented by Department of Iabar Regulations (29 CFR). Under this ~ Act, contractors shall be required to pay wages to laborers and mechanics at 23 a rate not less than the minim wages specified in a wage deterndnatian made 24 by the Secretary of Labor. In addition, ~ shall be required to pay 25 wages not less often than once a week. Subrecipient shall place a Dopy of 26 ® the current prevailing wage determination issued by the Department of Labor 27 ~ ench solicitation and the award of a oaYtraet shall be aotxlitianed upon 28 lab:4404 Rev. 6/11/91 -7- Q ~ ® 1 the acceptance of the wade determination. Svbt~ecipient shall report all sus- 2 P~'~ ar' violations to City. 3 10. of City of auv Charges: Dse of Program ~oaala. 4 (a) City hereby requires Subrecipient to notify the City, in writing, 5 of its intent to c3razge a fee far any service, the provision of which is g assisted pursuant to this Agr+aeooetrt. City requires SUbrecipient to obtain 7 the priar written approval of City far any ar few to be c3:arged by g SUbrecipient far such services, aryl of any rules aryl regulations governing g the provision of services here:utider. 10 (b) Program irx+®e represents 9~ inoc~e received by the 11 bvbrecipient directly generated Pry the use of furr7s provided hereunder. 12 S~rh interest earned an advances and may include, but will 13 not be limited to, inecnoe frrm service fees, sale of o®modities, usage and © 14 zer?tal fees far real ar personal property using the Rcrls Provided by this 15 ~ to suc3i inocme, it shall ba first applied to eligible program 16 activities, before requests far reimburs~t aryl, in the use, shah be 17 subject to all applicable provisions of this Agreaoerrt. Inoane not so 18 applied shall be remitted to City. Subrecipient shall remit all unspent 19 P~ ~ the City within thirty (30) days subeequ~ant to the end of 20 the P~~ Y~r (J1uye 30, 1992) . 21 11. 7+,~wrary Withholding. ~ 'ihe Ekeaxtive Director of the Dsvelopm~rt Department of the City of 23 San Bernardino is authorized to temporarily withhold the payment of funds to 24 Subrecipient when the Director determines that any violation of this 25 has occurred. F1a:ds shall be withheld until the violation is 26 '~ to the eatisfactian of the Executive Directar. Subr+ecipient shall Q 27 have the right to appeal the decision of the Executive Director to the Mayor 28 lab:4404 l~v. 6/11/91 -8- Q arri CYmoon Cauycil. Rbe sole grau:de far' suds appeal shall be that no violation of the Agreement has oo~vn^ed. SlabreciPient shall file such appeal © 1 2 within fifteen (15) days after s~u3i first withholding. Asa Ibayar aryl Common 3 Cautscil stroll set a date far the hearing of such appeal udsids is within 4 thirty (30) days following the date of filing. 5 32. Records Retention. 6 g;nw*si~r ~~, ~»-ri.~ , statistical reoozds, afld all 7 other recorr]s ~-rAf^i,~ to the use of the Burls p~c~wided under this Agree- 8 meet shall be retained by bvbzecipierst far a period of ttuee (3) years, at a 9 minimims, and in the event of litigation, claim ar audit, the records shall be 10 retained until all litigation, claims and audit firxtings irrwlvirg the re- 11 cords, have been fully resolved. Records far naz-expe~3able px+opexty acqui- 12 red with federal fussds promised under this Agresosent shall be retained far 13 three (3) years after the final disposition of such property. 14 13. prooerGv t a*anrL+++=. 15 Narrrdable personal property, far the pln'poses of ttsis Agreem~st, is is aefir?es as tangible personal property, purdsaeea in whole ar in part. with 17 federal 1lsrrls, vilsirh has useful life of more than one (1) year aryl an aa~ui- 18 sition cost of one~t2:ousand dollars ($1,000.00) ar mox+s per unit. heal 19 P~tY ~r~ lard, including land improvmoents, stxectur+es and appurten- 20 anoes thereto, excluding movable machinery and equipment. Nan-experrlable 21 personal property and real property p:a~draeed with ar improves by fords pro- 22 vises under this Agreaoent shall be subject to the property management Starr 23 lords set forth in 24 CFit, Part 85.32. 24 14. ~etmination for Carnes. 25 (a) City reserves the ric~st to terminate this Agre®ent in aooor+danoe 26 ® with 24 CFR, Pert 65.43, and any and all greats and future payments urrler 27 this Agreemetst, in whole or in part, at any time before the date of 28 1ab:4404 Rev. 6/11/91 -9- O ® 1 completion of this Agreement whenever City determines that the SUUrecipient 2 has materially failed to ooDq~ly with the terms and ooa~dttirns of this 3 Agreement. In the event seeks to terminate this Agr+e®oent for cause,.City 4 shall promptly notify the Svbrecipient in writing of the proposed termination 5 affi the reasons therefore, together with the proposed effective date. S~brec- g ipient shall be given an opporttuiity to appear before the Mayor and Common 7 Coturil at the time at which the Mayan and Common Council are to consider $ such r+eoc~mended termination, affi shall be given a xeasarrable apporttmity to 9 mouse ~5', if any exists, the Agr+eenoent should not be terminated far 10 cau~• i1Pan ~**~^~i*+Aticn by the Mayor ani Camoon Oouncil that the contract 11 should be terminated far' cause, notice thereof, irrluding reasrns far the - 12 determination, shall pra~tly be mailed to the Svbrecipient, together with 13 information as to the effective date of the termination. Such notice may be Q 14 given orally at that hearing. She ~*~+*+~tim oP the Mayor and Cann 15 as to cause shall be final. 16 (b) ~ the avert of anY termination whether far cause ar far 17 aanvenienoe, Svbracipient shall fart2mvith provide to the De!velepoent Departm- 18 errt +~Y and all doc~antatian needed by the Development Department to 19 establish a full record of all monies received by Subrecipient and to docamie- 20 nt the uses of same. 21 • motion for Ootnmianae ~ City ar subr+ecipient may terminate this Agreement in whole ar in part 23 P~~1 ~h parties agree that the oaztirn~atian oP the project would not 24 P beneficial results orate with further expenditure of flur3s. In 25 s~x3i event, the parties shall agree upon the termination ornditica~s, 26 including the effective date and, in the case of partial terminations, the ® 27 portion to be terminated. ~e Svbrecipient shall not incur new obligations 28 lab:4404 Ibev. 6/11/91 -lp- . p O far the terminated portion after the effective date and shall cancel as many 1 cutstandirrg obligations as possible. City shall allow Strbrecipient full 2 credit far the City's share of the rx~rrcancellable obligations obligations 3 pragerly irx:urx~ed by the Svt>recipient priar to tesminatim. 4 16. Reversion o! Assets. 5 subr+ecipient agrees that upon expiraticn of this Agreement, the 6 Subrecipient shall transfer to the City any aryl all CD®G funds not used at 7 the time of expiratiar and any amamts receivable attributable to the use of 8 (~G funds. Subrecipient agrees that any real property urrler its control, 9 which was acquired ar improved, in whole ar in part, with COSG Raids in 10 excess of $500.00 shall either. (i) be used to mast one (l) of the three (3) 11 ~,~~ objectives as set fa~rth in 24 CFR, Part 570.208 until five (5) years 12 after expiration of the Agr+aeaent ar such period of time as determined appro- 13 priate by the City, ar; (ii) is disposed of in a warmer which results in the Q 14 City being reimbursed in the amount of the airxent fair market value of the 15 Ply less any portion thereof attributable to expenditure of, ar 16 ~ ~, the y ~ subracipient. such 2Bimbursement is nat 17 after the period of time specified in "i" above. 18 17. xold Aanaless. 19 S~rbr+acipient egress to indemnity, save and hold harmless the City arri 20 the Develo~t ~ and ~~,~~~ and agents from all 21 liabilities and charges, expenses (irrluding caa~sel fees), suits ar losses, ~ however occurring, ar damages, arisirrq ar growing cut of the use of ar 23 receipt of funds paid under this Agreement and all cpezatirns order this 24 Agreemment. Payments under this Agreement are made with the wrderstanding 25 that the City and the Development Department are not involved in the 26 performance of services ar other activities of the subr+acipient. Subrecipient 27 and its employees aril agents are independent contracture aryl not employees ar 28 lab:4404 Rev. 6/11/91 -11- p ® 1 agents of city and the Development nepartment. 2 t8. Ame:t. 3 his Agreement may be amended ar modified only by written agreement 4 sided by both parties, and failure an the part of either party to enfarne 5 any provision of this Agr+eaoer:t shall not be oor:strued as a waiver of the g riot to oampel enforvaoent of any provision ar provisions. 7 19. Assicsment. g Rhin Agx+eemmit shall not be assigned by Sulmecipient without the 9 prior written consent of City. 10 20. Notices. 11 All notices herein required shall be in writing aryl delivered in 12 p ar sent certified mail, postage prepaid, addressed as follows: 13 As to City: Aa to 8obreaipiant: ® 14 Ewecutive Director Zb:':y Minn, E:aecutive Director 13 Development Department Highland District oo:a~cii City Hall, Fifth Floor m Aging, Inc. (Seniar Progr~a) 16 300 North "D" StrBet 3102 E. Highland Avarrua San s~,,,A„~i.,~, Calif. 92418 Hic~slard, Calif. 92369 17 21. Eyre of Authority. 18 S~brecipimit shall pmovide to City evidence in the farm of a 19 certified copy of minutes of the governing body of Subrecipient, ar other 20 adequate p~mof, that this Agreement has been approved in all its detail by 21 the 9 body of the S~brecipient, that the person(s) executing it are ~ authorized to act an behalf of SUbrecipient, aryl that this Agreement is a ~ birdinq obligation an Subrecipient. 24 22. Certification cf Assurance. 25 Subrecipient shall oa~ly with the program requir+mnents attached 26 hereto as E:dsibit "C", rich are ir:oarporated by reference as thotx~i fully © 27 set fartri at length and made a part of this Agreement by execution of all 28 lab:4404 Rev. 6/11/91 -12- . p ® 1 certifications and aesuranoes of the c~c program. 2 29. Entire xcreanent. g ~hts Agreement and any docent or instrtmieat attadred hereto or 4 referred to herein integrates all terms and ocnditia~s mentia'red herein or 5 incidental hereto, aryl supersedes all negotiations and prior writing in g respect to the subject matter hereof. In the event of conflict between the 7 terms, oorditiona ar pravisia~s of this Agreement, and any such docent or 8 instrument, the terms and omditians of this Agr+eemer?t shall prevail. g 21. No Third Part Benefidaries. 10 No third party shall be deeaed to have any rights hereader against 1] any of the parties hereto as a result of this Agreement. 12 //// 13 //!/ ® 14 !1/! 15 //I/ 16 //// 17 //// 18 //// 19 //// 20 //// 21 //// 22 !/// 23 /l// 24 //// 25 //// 26 //// ® 27 //// 28 lab:4404 Rev. 6/11/91 -13- 4 gY~ l~yq~~149~~ Odd ~ Avg e7gB~7~tt~ ~~S mpg ~ t2ye xx v ~~'. 1 fist ~~ve I 2 tt~e d~Y ~ Y~ 3 M~Yar 4 AT'1'~r. ~' W.R.I~It~~'~dita City of San 5 ~ C[P~{ 6 pmt 7 8 ~' Yr~ 10 lei ~ SY: Se~~ it Jam, F. pBB~N, 12 ate' At'ttsl~y I~ 13 gy; 14 15 16 17 18 19 24 21 22 23 24 2~ 26 27 -14- 28 ~ ;460491 SCOPE OF SERVICES II. b)Provide a detailed description of the proposed project by ® describing precisely what is to. be accomplished with the requested funds. The purpose of Highland Senior Center is to provide a coord- inated range of services and community activities to low and moderate income older adults of the San Bernardino/Highland area to enable themto remain as active as possible in order to remain living independently at home. The Highland Senior Center offers the following supportive services to seniors (age 55d~ 1) Transportation and Assistance (TAP)--volunteer drivers provide transportation to medical appointments for frail older persons with no other viable means of transportation. i 2) Friendly Visitor Program-- volunteers visit frail homebound - isolated elderly clients. Clients are referred from hospi- tal discharge planners, Senior Home and Health Care program, family members and friends. 3) Health Enrichment Services--Free health screening clinics, cholesterol screening, caregiver support group, xidowed person's group, t7utrition Program, fitness classes, loan - closet (wheelchairs, walkers, etc.), educational presenta- ® tions on health-related topics are scheduled monthly. k) Life Enhancement Activities-- Arts and crafts,painting, Creative Writing class, discussion groups, Trips (at least two are scheduled each month to points of interest), ~ genealogy class, Bingo, sewing classes, dances, parties, etc. 5) Service to the Community-- RSVP projects, volunteers assist with community projects, for example, Patton Hospital's Christmas party, Bethlehem House project, Arrowhead United Way, and craft pro3ects for convalescent hospital patients. 6) Information and Referral--Highland Senior Center serves as an active information and referral service for older persons xho desire information regarding available services. Highland Senior Center's average participation is 3000 contacts per month in over 115 separate activities. A large portion of the participants are at or near the poverty level, with one- third residing in the city of Highland and the remaining two- thirds residing in San Bernardino. ® SEHIBIT nAo 1 ~PO~ APPI,IC7?TI~ o . Developmea:t Depart~ne¢:t page -3- a p, ~eraged Pmiect BuAoet (Please Oaml_~pQliaable ItaIDS Only) a) I~nini~ia*1rx~ Salaries and Fringe Benefits: S 68,500 Supplies: S 3.500 Professiasla]. Services: S 3.000 Travel/ocasferenoc~s/seminazs: $ 1.500 Utilities: S ~ nnn Inst~anoe: S office Equipeieat: $ 500 other: - $ b) Oaa:stn:ction and Design $ c) Engineering d) Land Acquisition $ e)_ Planning Activities $ f) Rrhabilitatian Activities $ g) Other: $ Rbtal Project Ousts $ 90.300 (For oonstructian, engineerirr3 ctrl desicg:, laM acquisition and rehabilitation activities only.) ® Estimatar's Qual f ons: h) Identify other furldt*+Q sauroes: Identify o®oitme~ts ar applica- tions far funds ether sources to inglement this activity. If other furr)s have been approved, attar widea:oe ~ oaonitment. SOttrCe O! Funds ~~, Date Available Genera Dynamics $ ,600 FY 1991-1992 F.VRCA office on eAina $ 000 July 1991 Arrowhead United Wav $13,500 Application submitted for FY 91/92 LTcRuWiut3c~'CO F„~~~ $1(2LF5+S~p~- F.T„ly 1C)Ol i) Was this project previously fta~ed with ~G fiu~ds? Y~ 1X9~ No If YFS, ;*+~;cate the year(s) in whic3: COBG ilmds wEre received and the gtar:tis:g entity: fY Pl • 70 ~+~.1~~~87 • F'y'~~-RO ~ • Y,'V C)0-91_ $i¢h16nA ni at.r~i rt. f'r+„nn{ 1 _ • On A¢iT!e Tnn_ / HiohlanA RPninr Center j) If you have never received t~ec fundfrq, provide evidence of any previous experience with other ledeia]1y funded pz~ogtaoos (use additional sheets if neoessa=y): p OOt'Ai[AdlTY DEVEIOOPI~~TP BLDGRC GR71NP g for 1. Sw~l~++*•, ~fcrdoatiar ror Subrecioient As a suooessful applicant of the City of San Bernardino FY 1991/1992 Caamunity Development Block Grant (CDBG) Program, you are mt only agreei~ to pmovide the services as stated in your application, but also to abide by the CDBG Program requir®r~ts acid respa:sibilities. Rb further assist yw in understanding said r+equisesaents ant responsibili- ties, the following suonaries and attac3nnm~ts have been pr+eparad to intrroduoe to ar update yw an each its. Additionally, this inatructimal pac7mge will 1'~~ yns g ~Y official to read a:xl sign his/heu: signature as part of the CDBG 2. Marthly Reaueet for Reimburaioent Deadlia.: Due the fifth (5th) day after and of each calendar month unless otherwise stated is the CDB3 agrement. 7.nclude the following: a) One (1) oo~leted Request far Reimb<ut foam. b) One (1) Dopy of ~ CheclCe issued that are be111g reimbursed. ' c) One (1) copy of ~ bills/receipts that support d:eck(s) issued. d) One (1) copy of ~ payroll ct:eck(s) that are being reimbursed. e) One (1) Dopy of ~ c3seck stubs, accounting ladgars, a~/ar other doc~moentatia: that reflect gLCes salary arxi all deductions far each c1~cJc(s) issued. f) One (1) page narrative describing activities turleitaken during the month included far 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 e~enees have been incvrz+ed within the scope of the exeazted agreement and that the subrecipient ax~tirn~es to oaq~ly with the terms and oonditia~s of the CDBG agramaent. (Generally, invoices are processed within ten (l0y days of receipt of same.) 'lhe City r+eserVea the right to defer p~r~ooessirg of inroices ani withhold payments until all required repoots, statements, an~/ar certificates have been submitted Q and, a necessary, approved. lab:3025 -1- CDBfi PAOC~tA![ i19 Rev. 6/11/91 Fiscal Year 1991/1992 ETgIDIS °C° O ® g) All aaoamting reoo~rds and evidence p~*i'.inim to all costa Of each subrecipient and all docaansnts related to the CD®G agreement shall be retained and available far three (3) years followi~ the completion of the fu:ded program. h) Eac3i subrecipient agrees to allow the City of San Bernardino community Develapr~t DepEUtnmit to audit the funded program as part of its annual audit of all CDBG funds pursuant to federal regulations set forth in Title 24 of the code of Federal Regulations. 3. Asaorte/~portina Requirements and Reoords/Feoord Paeoina Requdrements While staff realizes that report writing and retard keepi~ are mt the most desirable aspects of any program, it is one vehicle that provides a measure of pxogrPaa progress and acoomplistnaents. Zhus, all subrecipients pnrticipati.ng in the CDBG Program ~e recuir+ed to provide the City of San Bernardino Development Department with written reports of its activities on or before the tenth (10th) day of October, Sanuary, April and July of any given program year far the previa~s thr+ae (3) month period in additicn to a fina3. report ~+hen th8 agre®nmyt terminates. All reports shall incluide informatics on p~nogram activities, aoocaplis?~~+*4, . new pzngramn informatics and current program statistics an expenditures, case loads and activities of the reporting period. Each subreoipie~nt is also required too maintain monthly records of all ethnic and racial statistics of persons and families assisted by its ® program(s). This moaithly record shall include data an the number of low and moderate intone pe:rsa~s and households assisted, (as det~xmined by federal incase limits), number of fmoale-headed households, and number of seniar citizens assisted. As menticned earlier, eac3i eubY+ecipient is required to keep all aooounting r+eoor+ds and eNic9enoe pR,~+ainim to all ~ costs far three (3) yens following oaugleticn of the ltaded pmogrmn. a. g~arteriv Rsoorts Deadlines: Cctd~er 10 - for period cove ing July 1, to September 30, of P~~ Y~• January 10 - !ar period ocvari~ October 1, to December 31, of program year. April 10 -- for period oovari:g January 1, t4 March 31, of P~~ Y~• July 10 - for period odvaring April 1 to Juno 30, of program Y~• Include the followitxl: a) One (1) completed Activity Reprtt (farm number 802). b) One (1) carpeted Direct Benefit Report (farm raauber' 045(x). lab:3025 -2- CDHO PliOGRAM REQtTIItII+~WTB Rev. 6/11/91 8iscal Year 1991/1992 c~ o c) One (1) oampleted Oontxact aryl Suboantract Activity Report (farm OMB ® 2506-006) . (F'ox' oonstructim projects only. ) It is the raspansibility of the subrecipient to prepare aryl submit the required reports by the shwa Stated deadlines in oxrler to keep City staff informed of arry d~anges to the Buried program(s). 5. Progrmm Monitorira One of the City's responsibilities is to monitar each subrecipient at least once a year. Nat only are the monitaring visits intended to ensure each ageray's continued aanplianoe with CDBG xequjxements, but also serve as an opportunity far City staff to become more krawledgeable of each ageray's progrem(e). Tire monitoring visits also aezve as an opportunity to provide infomnation to other City staff, the Mayan and Owmmn oalncil and other interested persa~s. Listed belay is typical information City staff will be seeking, observations that might be made, and items we mny wish to review: a) The aocomplistmoent(s) of the prograim(s) to date. b) FIIrether ar not program objectives are being met. c) That the intended clier?t group is being served. d) The raanber of people on staff. e) The existRnoe and mair?terarae of client files. f) Assistarae City staff can provide. ® In addition to monitaritrg each agency ante a year, the City of San i Berr~ardira Development Depaxi~oent reserves the right to have its internal auditar ~fir:~t an ansite audit of the program as part of the its arurual audit of all CO®G funds pursuant to Federal Regulations. i Althwgh the terms "monitoring" aril "audit" may appear somewhat formidable, please be assured that your agency will be ratified in advance of any request far a monitaring visit. Also, please be advised ~ that representatives Pram FND monitor the CDBG program every year During IHJD visit(s), they may wish to monitar one (1) ar moa.^e of the City's subrecipients. If your ageray sharlci be selected, you will be ratified in advance in order to arrange a mutually oanvenient time. 6. pc+ogF~_lludQet Another required element of yarn CDBG agx+eeieent with the City is the programs budget. Please sulaoit an updated line item budget reflect3srg your approved CDBG allocation. Also, iralude a copy of your Overall program budget with a summary of your furrling source(s) and the total ageray budget. The CO®G portion of your total program ar agency budget should be identifiable. 711 past years, several agencies have raised questions regarding minar budget modificatior:s ar adjtrsementa. Staff realizes that the apFuxrved budget may require minar adjustments dar'ir~9ith Devel oopmertt Department request that you discuss proposed staff. • lab:3025 -3- COBa PIi0@O~t ~ Rev. 6/11/91 Fiscal Year 1997,/1992 p ® Again, please be r+E7oinded that capital ar roan-exp~dable equipment is not to be purchased with CDBG funds. IP you need to acquire such equipment, please discuss it with Deve7.opment Deparrinant staff. 7. Purchase of Personal ProDertv or Equipment (Read Section "13" of the C~6 e All tangible persrnal property having a useful life of mare than one (1) year and an acquisitia~n cost of three hunired dollars ($300.00) ar more per unit shall be subject to the requirements of the Property Management Standards specified in 24 CFR, Part 85.32, "Common Rule". 8. a) All equipment and property purc3~ased in accordance with the above standards shall be identified as "F9®deral Progexty-HOD", (include your internal Identification N~miber). Identification may be achieved by tagging ar engraving the property ar by any method that will - result in property Identification Number being y affi~oed. b) Maintain a separate record of all such equipment aryl property. - Infarmaticn shall include: ~ta®e/Description -Serial Number -Identification Number -Date Pur'+cllased -Rurhase Price -~rditirn (i.e., e~coellent,/gooc'~Jfair/poor) (i,e., polar/features, etc.) Physi~l location (i.e., address/offioe/r~ocm, etc.) c) Submit an inventory listing to the City of San Bernardino Dsvalopment DepartmQnt each year endira Jtme 30. Said listing is to be submittei by July l0 following the ~d of the year. 72~e list ehwld iralude all the information listed under it® "b" above. d) A written request gust be submitted to the City of San Bernardino Development Degarttgent far any approved purd~ases that are not in the arigir~nlly approved budget (see egxemnent) . Written autharizatian ,dig obtained from the DeKelapment Depar'bment by subrecipient priar to the purc3~ase of any equipment, whether ar not said equipment was included in the agency's anginal budget. e) It is the respaa~sibility of the subrecipient to ,nwt„rA{*+ and repair all property and equipment purrhASed with CDBG Rinds. It is also the respaisibility of the subrecipient to identify all purd~ased equipment ant property with tags ar engraving, and to supply same. 9. Fiscal Aoogimtira and Audit Documentation Zhe City of San Bernardino Developmar?t Depnr4nent requires each agency to ® observe and comply with all aooaaitisg rules ant audit procedures as set lab:3025 -4- CDBG PROORAH RDQiTIItEMENPB Rev. 6/11/91 Fiscal Year 1991/1992 forth in the CMG agreement. T7se following is a brief description of the ® most P a) As a participant in the City of San Bernardino CO®G Program, each subrecipient agrees tv keep all funds received frrm the City fraa any other sources of Rending. b) Each subrecipient also agrees to keep records of all Rinds received frcm the City of San Bernardino in aooordanoe with the pxvoedur+es set forth in the "Agreelt~erzt Acoo~enting and ncbnini~t-+ative F1arr.B~ook". A copy of the Handbook is attached. 10. Certification and lssuranoa Attarl]ed is a orgy of the Certificatiarl and Assurance farm to be prepared and signed by tha designated governing official(s) of the subsecipient agency. 'ltLts dacam~ent is to be attached to the c9HG agreement ar~d shall beocme part of the governing i lab:3025 -5- CaBG PAOGRANI R'8 Rev. 6j11j91 Fiscal Year 1991/1992 ~,1 n~ver~o~r n~A~arr of T~ crr~r a~ eais BE~D31~ ~~oertifioatioa~ ane Assuranos+~ ('!b 7laoompstty C~Bfi Agresms~?t) I. (Name and T tle of Off c ) of the (Name of Agency/ ) located at do hereby make the following certification and assurance to aooa~any the O~ity Developoent Block Grant Agreement between (name of za an) and the ty of San a) Certify that the information booklet far CaBG Pingraon r+equis~meats has been read arri w~deretood; and b) Assure that the (name of Agency) will comply with all as pulated herewith in the i performance of the CDBG Agx+eement. O Dated: (S tur+e of Off ) Dated: i Development DapaY'tment Repzesenta ve lab:3025 Rev. 6/11/91 lab: 3025 -6- CaBG PA003tAM PHQU318 Rev. 6/11/91 Fiscal Year 1993,/1992