Loading...
HomeMy WebLinkAboutR05-Economic Development Agency v © ~ ~ •~O C~ ~ ~ ~p • A ~ C~g+IIgglgN/OORII~ICIIJ ACTION © Frrnt: I~'IIi J, Fg21DER5C9i Subject: FY 1991/1992 CDBfi ADREBMECTP F~cacutive Director BETW~I QTY AND PDIS.IIiCi Date: JtIIfe 11, 1991 Synapsis of Previws Coomissica;/oo:mcil/oaarnittea Action: On February 11, 1991, the Mayor and Co®oa: Qo:mcil approved aril adopted the FY 1991/1992 CDBG Program Mix and autharized staff to solicit proposals far setae. On May 6, 1991, the Mayor and Oommon Cwnoil 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, 1491, the Mayan arxi Caaancn Council revieRrecl re~stione submitted by the O®mu:ity Development Depat•~nm~t Citizen Advisory 0.'~tttee and approved same for CDBG furr3ing assistanos far Fiscal Year 1991/1992. _ Reoom:oended Motion: j}~yor and ooemon oamoil) I~8OI.DTION 09' TBE !S?YOdt AMID CDISt7ei CO~A~ICII+ 09' TBE CITY OQr SAN H ® ADTBO3tIZIIiG AdID DTTtFCFII~fi TH8 i OIl~' A 00MMOZIITI[ DEVEI4A+IINTP BTACIC fAtAWP FONDIIxi AL$iBEMENl' BETWEEN TAE CITY ~ eAN HEF~RDII~U Ald) PDISJ1i0 START, INC. tom) . AcL~ lei, ~utive Director Developmer?t Dapar nt Clontact Persan: Kerr HenderBCai/Fki Flores Phena: 5065: 5081 Project Area: All Protect Areas Want(s) : All Wards Supporting Data Attar3ied: Staff Rwort• Resolution• Aareement• ESchibits FONDING RDQITBiII4F31l5: Amount: S 15.000.00 Source: FY 91f92 CDBG IAC Budget Authority: oommissioa:/oouncil Notes: :ELF:leb:4404 COL+D~BSIGtT A~IDQ? Meeting Data: J1me 17, 1991 Age~t:da Item No: 4 FY 1991/1992 CDBG 14aseement On May 20, 1991, the Mayor and Oommcal Council CoQdlx'ked the FY 1991/1992 CDBG Public Hearing and awarded Oomnmity Developmmxt Block Grant Funds to certain rw~w ~ ~~rniat~•Pair hWSittg projects. Agreements are ~e attadied Agraemea:t between the City and Rolling Start, Irsc., (lielpline) includes a "soups of services" and "program budget", referred to in the Agrea~nent as ESdribits "A" and "B", respectively. ZY~eee E~ibits are ir?oorporated by refererre ns thou~r fully set Parch at length. Adoption of the attached Resolution by the Mayor and Commce: Cauycil authorizes aryl dil'ects the Mayor to execute the Agreement as described herein. I reomm~erd adoption of the attached Resoluticai. 1a~Il~'1 J. l1F.~~ . >Dea~ va D rector Dsvalopmsat Depar t :lab:4409 ! lfsetisrg Date: 06/17/91 p 4 RE90~.VPICisi 04+ 'ffi MAYG~t AZID aa~asx~ aoa~cu. oar '~ QTY 09' SAIi 2 Avlao A~ DIIiBCPII~iri T~ ~WfIOlQ 09' A ~ ~FVffiGPI~ 8IlOCR c~tArTP © 1 FOeIDIIxi 11L;ZtSB~TP BEl~i TES CITY OAF 8AN BE~DSlA A!ID RDLLIIi3 Si71ia', ID%:., 3 (r~na) . 4 ss rr REBDI,VED BY ~ MAYC7fft AbID COMtbl~i aoRnacsz oar T~ CITY OQ' sdltd As rasaaws: 5 eectiom i. 6 (a) The Mayor of the City of San ~**+~+~i*+~ is hereby authorized and 7 directed to execute, an behalf of the City, an agreement far Community 8 D@Veloptlent Block Gant funding with FDT7TTY~ START. INC.. (fIe1D13T1e1 . which 9 agremoea:t is attached hereto as P.ydiibit "1", and is incospcrated herein by 10 reference as thour~s fully set forth at length. The agreement pmwides far the 11 grarstirr3 of Community Development Block Giant itn'r)s in the following amount of 12 S15.000.00. 13 Seatiaa? 2. 14 (A) The authOZ'iZAtid76 to execute the above referenced ajYeemEllt i8 Yffi- 15 circled if the parties to the agreement fail to execute it within sixty (60) 16 sixty days of the passage of this Resolution. 17 I EmtEBSt CERTIFY that the foregoing resolution was duly adopted by the 18 Mayan arxi Common Cuufcil of the City of San Bernardino at a 19 meeting thereof, held an the _ day of 1991 by the following 20 vote, to wit: 21 //// 22 /I// //// 23 /// //// 24 //// //// 25 //// //// 26 //// //// Q 27 1!/! 28 lab:3961 Rev. 6/11/91 -1- xSeoivrsa~ am~ ~ csz~c aar six ~ o~ A coea arr crr7[ ~ i s~rAnr, atc., 1 2 M 1~ t~ 81~ 3 Fs~ - - 4 ~r~t - 5 r~z - 6 rmunssESt - - 7 MIIiCHt - - 8 pow-ivnaAM - 9 MRTFR - 10 11 ~ ' ty C1erk 12 13 ® 14 ~e foz+egoirrJ Ftesolutian is hereby aPpzn^ied this - ~Y of , 15 1991. 16 17 W.R. FT3IJJQ+ffi. Mayan' 18 City of San anr„w.,Ai,n Appxwed as to form and 19 legal oorrtent: 20 axMfs F. r»rt, City Attorney ~,,~ Q 21 ~ ~i~ruCa ~ ? 23 24 25 26 27 28 lab:3961 Itev. 6/11/91 -2- p 4 LiaR~"Fel4)~l?3' • i 2 'II~S AGRE~P is entered into effective as of this _ day of 3 1991, at San Bernardino, California, between the CPPY OF SAN 4 HEEiNP,l2DIN0, a mtanicipal oorporatian, referred to as "City", and 5 S'~. II1C.. ~ATi'*~' PAOGFAM. a nonprofit community service organization, 6 referred to as "Subracipient". City and Subrecipient agree as follows: 7 1. Recitals. 8 (a) s~brecipient has requested financial assistance fmm City far 9 fiscal year 1991/1992 funds available thrvtx~i the Caom<mity Development 10 Block Grant Program from the United States of America to City. 11 (b) Subrecipimyt represer?ts that the expenditures authorized by this 12 Agre~am~zt are far the rnovision of aner~cv alert devices and portable tria- 13 sera far the elderly aryl hanebaud ill with ~ services when 14 ,, which are valid and eligible community development purposes, as de- 15 fined in CFR Part 570 in acoordanoe with federal law and r+egulatiana, arxi 16 that all Surds granted under this Agreement will be used far na purpose other 17 than those purposes sp3cifically autharized. Zbe specific guposes and Boone 18 of services of this particular grant are set forth in Exhibit "A", attached 19 hereto aryl incorporated into this Agr+eat~ent as though fully set forth herein. 20 (c) Subrecipierrt will oo~ly with applicable unifasm administrative 21 r+squis+sments, as described in 24 CN'R, Part 570.502. 22 (d) Subrecipient will carry out each activity, program arsd/ar project 23 in ~lianoe with all federal laws aryl regulations as set forth in 24 CER, 24 Part 570, with the following e~ptians, (i) the Subrecipient does not assume 25 the environmental respoa~sibilities of the Grantee as described in 24 CFR, 26 Part 570.604, and; (11) the Subrecipient does not assumie the Grantee's 27 respansibilitiesfarimitiating the review process unclex >;ymeaitive order 28 lab:4401 Fev. 6/11/91 -1- HEHIBIT "1" p O 1 2hrmber 12372. ® 2 (e) Subrecipient will comply with the rer2,;,~•,rA set forth in the $ Unifarm I~locatian Assistatne and Real Property Acquisition Eblicy Act of 4 1970, a8 amended, ([kiA), 49 CPR, Part 24 in accordance with federal 5 regulations when attempting to ar acquiring any buildtnr7 ar parcel of land. g Subr+ecipient will be required to obtain written approval from the Executive 7 Director of the Development Department prior to any activity taking place g within the oorlfit~es of URA 49 CPR, Part 24, as amerried. 9 2. Pavmeats. 10 ~tY shall reimburse Subrecipierrt far allowable costs incurred un3er Il the scope of this Agreement aril applicable Federal regulations, which have- 12 not been paid for ar reimbursed in any other manner by any other Agency ar 13 private source of Railing. ~ will be made at least on a monthly ® 14 '"~~ the total of all such reimtxusements mt to ewoeea $15.000.00. 15 3• ~ ]g 'This Agxaemerrt shall Cw®Br1oB Jnly 1, 1991 aril terminate 17 J1me 30, 1992. 18 4. Use of Funaa: Heater: Travel Limitation. 19 (a) The funds paid to Sulnecipient shall be used by it solely far 20 the purposes set forth in Paragraph 1(b) of this Agrt, aril in aocordanoe 21 with the program budget submitted by SUbrecipient to the City of San eernar~ 22 dfno Camiamity Development DepnrGnerrt, a Dopy of which is attached to this 28 Agreement as Eiliibit "8". This budget shall list all sources of Reding far 24 the 1 by this , whether from State, Federal, local ar 25 private sources, aril shall identify which sources are paying far which speci- 26 fit portions of the pscgraon, by line-item, to the extent practLoable. Q 27 (b) No travel expenses far aut-of-state trnvel shall ba included in 28 lab:4401 RPN. 6/11/91 -2- . © ~ this program unless specifically listed in the budget as submitted and ap- t Q 2 proved, and all travel expenses to be Ru:ded from funds provided hereunder shall be specifically identified as travel expanse, whic3i shall be negotiated 3 between the City of San ap.,„+„~i.,~ Development Department and Svbrecipient in 4 the budget. Any travel expenses invi~ed by Subz~acipient above the budgeted 5 aaamt ar far cut-of-state travel stall not be eligible far reimt~n's~nent 6 unless the priar written approval of the FSaecutive Director of Development 7 Department of the City oP San Bernardino, ar designee, has been obtained. 8 (c) Flmds shall be used far purposes authorized by the Co:mau:ity 9 Development Block Grant Program only, aTd no portion of the funds granted 10 hereby shall be used far any purpose rot specifically authorized by this 11 12 (d) only net P~'r'ou shall be periodically reimbursed by City as an 13 allowable oust. Any amamts withheld by Subrecipient from an employee's pay ® 14 far taxes. social security, ar other withholding and not i:maediately paid 15 over to another entity, shall not be included as wages ar expenses eligible 16 far reimbursement as an allowable coat anti]. such time as the withheld taxes, 17 security, ar other withholdi~s are actually paid aver to another 18 entity entitled to such payment. Upon suc3i paymmtt and the submissiar of 19 ~ of such payment to the City of San Bernardino Development 20 Development Department, such expenses shall be regarded as an allowable oust, 21 and the City shall reimlxuse Subrecipient far such obligation. 22 (e) Subrecipient shall be allowed, with the prier written approval 23 of the Development Department of the City of San Bernardino, to malts c3:anges 24 to the budget during the first three (3) quarters of the fis~l year, so long 25 as SUbrecipient is in campliarre with Sectiaa~ "2" of this Agreeaezzt at the 26 time of submission of the budget modifi~tion request. A variation in the 27 itaaization of ousts, as set forth in the proposed budget submitted to City, 28 lab:4401 Rev. 6/11/91 -3- p O 1 rat try exceed ten percxart (10~) as to any particular line item, shall be 2 allowed, provided that the prior written approval of the Executive Director 3 of the Development Dsvelopmerrt of the City of San Bernardino is a,r~a.,~, it 4 being iarderstood that the total amount of the grant shall not be varied 5 thereby. 6 (f) 4he parties intend that grant funds be utilized within the time 7 period covered by this Agrae®ent, arrt ea~titl®ent 'to any fturls not expended 8 ar obligated shall revert to the City. No swerve for the future shall be g established with the iimds exoeipt as may be authorized to meet oommit~mnts 10 made far services provided during the period of this Agseerne7rt, but not yet 11 Pam far at the aaalusicn of this Agreement. ' 12 (g) Subrecipient shall remain in oompllanoe with all state, federal 13 and local laws prior to the receipt of any reimburaeomsutit hesau~des. Rhis ® 14 irrludes, but is not limited to, all laws nrxl regulations relative to the 15 form of orgaaizaticn, local business licenses arri any laws ar~d regulations 16 specific to the business aryl activity carried out by Subrecipient. Reimburse- 17 meTrt at~all not be made to S~rbsecipient which is rat operating in compliance 18 with all applicable laws. its may be subsequently paid, at the 19 ~ of the Executive Directar of the Develapmerit Department far 20 xeim~uaement oasts incurred during the period when compliance is achieved 21 before expiratior? of this Agreement. ~ 5. A~oa~t~rr Audit. 23 (a) Prior to the final payment urxler this Agreaoent, acrd at such 24 other times as may be s+equeated by the Executive Direr.~tar of the Development 25 Dep~ent of the City of San Bernardira, Subrecipient shall submit to the 26 Director an aooauitirrg of the pxnposed aryl actual exparrlituses of all © 27 r+everares from whatever source accruing to the organization for the fiscal 28 lab:4401 Rev. 6/11/91 -4- p d year ending J1ur8 30, 1992. 1 ® (b) FinatrCial records shall be maintained by Strbrecipient in aooord- 2 once with Generally Accepted Aooaarting Principles, and in a manner which 3 permits City to trace the expen3ttures of fords to souroe doclmentation. All 4 books and records of Subrecipient are to be kept open far irspecticer at any 5 tirde during the business day by the City, its officers or agents, and by any 6 representative of the United States of America autlwrized to audit cm¢a~ity 7 development block grant programs. 8 (c) Standards far financial managmoent syatsns and financial report- 9 ing requisemerrts established by 24 CER, Parts 85.20 artd 85.22 shall be fully 10 lied with by SUbreciplertt. u<rbr.~ecipierrt aclctawledges that the fords 11 provided are federal ftu~ds. 12 (d) SLrbreC:ipiPnt'a fi.,a„r~4,.t gyrgt~p shall pavvide far 13 accurate, cnrrx+enrt and oamplate disclosure of the financial results of each ® 14 program sponsored by this Agreaoant. It is the responsibility oP Subreci- 15 pierrt to adequately safeguard all assets of tyre program, and Subrecipiem 16 shall asarue that they are used solely far authorized p:a~poaes. 17 6. 8a+s*~ oes Avail a*le to Res+aerrts • Mo~tn~~ a~ Reoa*#±*_s Proarmm 18 Perfonmurce. 19 Rtre ~vio®a of S~recipient shall be mods available to residents and 20 inhabitants of the City of San Bernardino unless otherwise noted in F~tYribit 21 "A". No persarr shall be denied service because of race, polar, national ari- ~ gin, creed, sex, marital status, ar physical handicap. Subrecipient shall 23 comply with Affirmative ACkidt guidelines in its employment practices. Svbre- 24 cipient shall also monitar the program's activities and submit written re- 25 Pow 9lYr ar moi~ oft~r if requested, to the Executive Director of the 26 ~ of the City of San Bernrardino, in acoaxdanoe with 24 27 CFR, Part 85.41(c)(d) and Part 85.21. Failure to provide such quarterly 28 lab:4401 Rev. 6/11/91 -5- p D 1 P~f ~Y F~~ the P~s~l by City of Subrecipient's 2 requests far reimbursement, and may justify temporary withholding ~ Ps''w 3 for in Paragraph "11" hereof. City reserves the right to waive such bread3, 4 without prejudice to any ether of its riots hereunder, upon a fiTding by the 5 ESOecutive Director of the Develapm~errt Department that such failure was due to 6 extraordinary ciramrstarnes and that such breach has been timely cus^ed 7 without prejudice to the City. 8 7. Fzrocuretgeart Praetioest oasrlliot of Interest. 9 Svbnacipient shall ooag~ly with pmocur~ent prvoechues asd guidelines 10 established by 24 CFR, Part 85.36 (d) (1) , b~rbxecipierrt "Praarr+emetrt 11 Standards". Il~r addition to the specific requiteroents of 24 CFR, Part 85, 12 Subrecipient shall ~i*+}Ai* a code ar standards of oonduc~t whidi shall govern 13 the perfonanatne of its officers, eag:loyeea ar agents in conrtractitrg with and ® 14 expending the federal grant funds made available to bvbrecipierrt order this 15 Agrgamea?t. Subrecipierrt's officers, employees ar agents stroll neither solicit 16 nor accept gratuities, favc2s, ar anything of morrstasy value frvn corrtzactors 17 ar potential wr:trackars. To the extent permissable by state law, soles, anct 18 regulations, the standards adopted by bvbrecipient shall pxvtride far 19 penalties, sarrctians ar ot2~er disciplinary actions to be applied far 2p violations of such standards by either the Svbrecipiemt's officers, employees 21 ar agents, or by oontitrackars ar their agents. Strbracipienrt shall pscvide a 22 copy of the code ar standards adopted to City torthwith. All procurement 23 transactions without regard to dollar value shall be corrhrcted in a manner so 24 as to provide maximrna open and free oanpetitian. ZYre blrbrecipierrt shall be 25 alert to arganizaticna7. conflicts of interest ar rran-o~etitive practioe8 26 amrxrg carrtractars vkric3i may restrict ar elimtnats aongsetitian ar otherwise Q 27 restrain trade. Svbrecipienrt agrees to adhere to conflict of interest 28 lab:4401 Rev. 6/11/91 -6- Q pxwisians eet forth in 24 CFR Section 570.611 and to the porocuremertt rules 1 specified in 24 CETt, Part 85.36, in its expeniitura of all f1IIr]s received 2 urz1ar this Agreement. 3 8. A~tti-Rink Back Pi+ovisions• P7atsnl Esfliavme~st oooosttimitn 4 All contracts far crostructicn ar repair using furr]s provided under 5 this Agreement shall include a provision for ocaplianoe with the oopeland 6 "Asti-Kick Back" Act (18.U.S.C. 874) as supplemented in Department of Labor 7 Regulations (29 CFR, Pact 3). ~i.s Act provides that each aos?tractar ar 8 subgrantee shall be prohibited Exam i~ucirzJ, by ~' ~1' P~1 em- 9 ployed in the construction, o®pletian ar repair of public work, to give up 10 any part of the compensation to which he/she is otherwiBe entitled. Subr+eci- 1] pi.~t shall report all suspected ar xeparted violatia~s to City. All ocn- 12 tracts in excess of 510,000.00 entered into by Stibrecipiern using funds 13 provided under this Agreement shall contain a provision r~equiri~ compliance 14 ~ ~ provisions established by Exeaitive order 15 Number 11246, as amended. 16 s. Prsvnil3m Waas Rarn++~'±+, 17 Any crnatYUCtian contracts awarded by iP~ using funds 18 provided under this Agreement in excess of $2,000.00 shall include a provi- 19 sicn far aompliarne with the Davie-Haacn Act (40 U.S.C. 276(a) to 276(a)(7)) 20 and as supplemented by Daparbaent of labor Regulations (29 CFR). Under this 21 Act, contractors shall be required to pay wages to laborers anri mechanics at 22 a rate not less than the minimma wages specified in a wage determination made 23 by the Secretary of Labor. In addition, ~a shall be required to pay 24 wages not lase often than once a week. Sulxsecipient shall place a aopy of 25 the currem ling wage deternoinatien issued by the Department of labor 26 in eac3i solicitation ar~d the award oP a aantract shall be conditioned upon 27 the aooeptanoe of the wage determdnaticas. Subr+ecipient shall report all sus- 28 lab:aaoi Rev. 6/11/91 -7- p C3 ® 1 pecked ar reported violations to City. 2 10. Arxmavai of City of anv Clfarvess Use of Program Inoame. 3 (a) City hereby requ3.x+es Subrecipi~xt to notify the City, in writing, 4 of its intent to charge a fee far any servioe, the provision of which is 5 assisted ptn~uant to this Agreement. City requires S~almecipi.ent to obtain 6 the priar written apEmoval of City Par any d:arges ar fees to be cdsarged by 7 S1:brecipipnt far such services, and of a~ rules at~d xegulatians governing $ the provision of services hereunder. g (b) Prngr'am inc.^c~e r+epr+esents gzaes inoaoe received by the 10 Pik directly generated fLtm the use.oP lands provided hereunder. 11 Sum earnings include inte'r'est earned m advances and may iTrlude, but will 12 not be liatited to, itncme frwn service fees, sale of oammodities, usage an"i 13 rental fees Par real ar persarral property using the Rinds provided by this /¦?, 14 Agraemeat. As to such income, it shall be first applied to eligible program ~J 15 activities, before requests tar reimbursement arri, in the use, sha11 be 16 subject to all applicable pmovisians of this Agreaoent. Il~oame not so 17 applied shall be remitted to City. S~brecipient shall remit all unspent 18 program i.noane to the City within thirty (30) days subsequent to the errl of 19 the program year (J1me 30, 1992). 20 si. Tenporarv Withtaldira. 21 The baeaitive Director of the Developm~?t Department of the City of 22 San ~r*+~+~{*+~+ is authorized to tanporarily withhold the payment of flaYls to 23 Subrecipi.mrt when the Director determines that any violation of this 24 Agreement has oocvrr+ed. FUnds sha7.1 be withheld until the violation is 25 corrected to the satisfaction of the Festive Director. SUbr+ecipient shall 26 have the right to appeal the decision of the Fsaecutive Director to the Mayan 27 and Common Council. The sole graur3s far wu3i appeal shall be thnt no 28 lab:4401 F1ev. 6/11/91 -8- p O violation of the Agreement has occurred. Subrecipient shall file such appeal within fifteen (15) days after suc3i first withholding. ~e Mayar and Ocmnon © 1 2 Council shall set a date far the hearing of such appeal ~diicir is within 3 thirty (30) days following the date of filing. 4 12. iteoords Retention. 5 gi„¦,v,i.i records, ~„-ta,~ docwoente, statistical x+eoo~ds, atrl all 6 other records ~ ~a*{*g to the use of the fords pzwided under this Agree- ? meat shall be x~atained by Svbrecipim~t far a period of three (3) years, at a 8 minim~mm, anxi in the event of litigation, claim ar audit, the z+aooids shall be 9 retained until all litigation, claims and audit findings irrvolvitg the se- 10 cards, have been fully resolved. Records for dable property acqui- 11 r~ with federal fords provided order this Iugree~oent shall be retained far 12 three (3) years after the final disposition of such property. li 13 13, Prooerty Matt etanAards. 14 Nom-expendable personal pzcpetty, far the parposes of this Agreement, ~' © 15 ~ defined as tangible personal pmopesty, purc3~ased in whole ar in part with 16 federal Buds, wlsich has useful life oP more than one (1) year arrd an aaqui- 17 sition cost of one-thousatxi dollars (51,000.00) ar more per unit. Real 18 Pr'oP~Y ~'~ land, including land impmovemerrts, etruct<rr+es and appurten- 19 anoes thereto, excluding movable machinery and equipment. Non-expendable 20 peel property and seal property purdrased with ar iagmrved by fords pro- 21 vided utxler this Agx+e~t shall be subject to the property managetaent stan- 22 lords eat forth in 24 CFR, Part 85.32. 23 14. Teanination for Cause. 24 (a) City reser~res the right to terminate this Agreement in accordance 25 with 24 CFR, Past 85.43, and any aryl all grants and !afore payments under 26 this Agr+eaoerrt, in whole ar in part, at arry time before the date of 27 ccapleticn of this Agrre®errt whenever City determines that the Subrecipieat 28 1ab:aaol Rev. 6/ll/91 -9- p 4 ® 1 has materially failed to comply with the terms aryl oo¢~ditia~s of this 2 Agt+eaoent. In the event seeks to terminate this Agt+aement far cause, City 3 shall pertly notify the SUbrecipi~rt in writing of the ptnposed termination 4 aryl the reasons therefore, together with the proposed effective date. Svbrec- 5 ipiern shall be given an appor4u~ity to appear befaxe the Mayan aryl Oommon s Council at the time at which the Mayor and Common Oamcil ate to consider 7 such teoaaaea~dad termination, and shall be given a reasonable opportunity to g shew cause wl'ry, if arry exists, the Agreement slxuld not be terminated far g cause. Upon determination lyy the Mayan and oo®ncr? Caurcil that the oartxact 10 should be terminated far' cause, notice thereof, including reasons far the 11 determination, shall pro~t].y he mailed to the Strbtecipiern, together with' 12 informatlan as to the effective date of the teratinntian. Such entice may be 13 given orally at that hearing. The determination of the Mayan and C 14 oauicil as to cause shall be final. 15 (b) In the evern of any termination whether far cause ar far 16 ocnvenienoe, Slrbtecipiern strait forthwith provide to the DevelopmeQrt DeparGn- 17 eat any and all documeritatiar Headed by the Develapmer?t Department to 18 establish a full record of all monies received by Subrecipiern and to doc:mie- 19 rn the uses of same. 20 ts. Termination for ooavenianos. 21 ~t71 ar iPieart may terminate this Agreement in whole ar i,n part 22 P'~i~ both P~~ a4r'ee that the contirwatian of the project would not 23 P beneficial results camom~surate with further expenditure of funds. In 24 such event, the parties shall agree upon the termination conditions, 25 ~u~M the effective data ard, in the case of partial terminations, the 26 po~rtiar to be terminated. The subrecipiern shall Hat incur new obligations 27 far the terminated portion after the effective date and shall cannel as many 28 lab:4401 Rev. 6/11/91 -10- Q n,hc*anAir~ obiigaticne ag possible. City shall allow Subrecipi.ertt full 1 credit for the City's stare of the non-cancellable obligations obligatiais 2 praperiy irnurred by tics Slabrecipient priar to termiraticn. 3 16. Reversion of Assets. 4 Subrecipient agrees that upon expiration of this Agreement, the 5 Subrecipient shall transfer to the City any aryl all CD~HG funds not used at 6 the time of expiration and any aooamts receivable attributable to the use of 7 CD®G funds. Strbrecipient agrees flat any real property toiler its oorrtrol, 8 Fdrich was acquired ar improved, in vole ar in part, with CDBG Sails in 9 eaeoess Of $500.00 shall either, (i) be used to inset one (1) of the three (3) 10 natiarai objectives as set forth in 24 CFR, Part 570.208 until five (5) years it after expiration of the Agre~errt ar such period of time as determined appr~ 12 p~riate by the City, ar; (11) is disposed of in a marmar which results in the 13 City being reimbursed i.n the amount of the airr+esrt fair market value of the Q 14 property less any portion thereof attributable to ercperditure of, ar 15 imquvvaoent tA, the ProP~'tY by Subrecipient. S1x31 reimtaasamertt is mt 16 required after the period of time Specified in "i" above. 17 17. Acid Eaaless. 18 5ubrecipient agrees to irrdemmify, save and held harmless the City and 19 the Development Department and their m~lcyees and agents frYm all 20 liabilities aril dars,~es, expenses (incltxling odunsel fees), suits ar losses, 21 however occurring, ar damages, arising ar growing out of the use of ar ~ receipt of Sails paid under this Agreement and all operations fader this ~ Agreement. Paymetrta taller this Agreement are made with the taderstandirrg 24 that the City aril the Development Department are not involved in the 25 performance of Servvices ar other activities of the SUbrecipient. Subrecipient 26 affi its e~loyees and agents are independent contractors and mat exq~lcyees ar 27 agents of City aril the Developaeart Department. 28 lab:4401 Rev. 6/11/91 -11- p . 1 © 2 7.his Ags+aewmzt may be ameoded ar modified only by written agtemoent 3 sicg~ed by both parties, and failure on the part of either party to enfaroe 4 arty provision of this Agre®mit shall not be oa:stzued as a waiver of the 5 right to o®pei enfo~.roe~nent of arty provision ar provisions. g 19. lLsSiClauerlt. 7 Zhis Agreement shall rot be assigned by Subr~ecipi~t without the g priar written consent of City. g 20. 10 All notices herein required shall be in writirr~ a~ delivered in 11 P ar wilt certified mail, postage Pz'epaid, addressed as follows: ' 12 As to Mty: as to 8ub~rscipieut: 13 Ew~utive Director Don vigil, E~aecutive Disectar 14 Development Depattm~t Rolling start, Inc., Helpline City Hall, Fifth Floor' 443 West 4th Street 15 300 Noxth "D" Street San Bernardino, Calif. 92401 San Bernardino, Calif. 92418 16 21. LR?idanos of lartboritn. 17 Subrecipimtt shall provide to City evidence in the fozm of a 18 certified copy of mirnrtes of the cpverning body of S~brecipient, ar other 19 adequate proof, that this Agreement has been approved in all its detail by 20 the 9 body of the b~+ecipient, that the person(s) executing it are 21 authorized to act an behalf of 5ubmecipient, and that this Agx+ee®ent is a ~ bindi~ obligation an Svbrecipient. 23 22. Qertificatiam of Assurance. 24 shall aoagly with the progrma requfz+mosnta attached ~ hereto as E~ibit "C", w2:ic3i are inoorparated by reference as though fully 26 set forth at length arxi made a part of this Agre®ment by awecutian of all ® 27 certifications arri assuratnes of the CD®G program. 28 lab:4401 Rev. 6/11/91 -12- p 4 1 23. Entire Arsreemeast. ® 2 This Agreement and any docam~eart ar instswoent attac3red hereto ar $ referzed to herein irrtegrate8 all terms and oorrditians mentioned herein ar 4 incidental hereto, aryl supersedes all negotiations atd prior writing in 5 respect to the subject matter hereof. In the event of ooaflict between the g terms, oorditians ar provisions of this Agreement, and any such document ar 7 instr~ant, the terms and aanditia¢:s of this Agre®merct shall prevail. g 2a. No Third Part e~meficiaries. g No third party shall be deemed to have any riots heretiu:der against 10 anY of the parties hereto as a result of this Agreement. 11 //// _ . 12 //// 13 //// 14 1/// 15 l//1 16 //// 17 //// 18 //// 19 //// 20 //// 21 //// 22 //// 23 I/ll 24 //// 25 //// 26 //// /~'*R 27 ~d+ 28 lab:4401 Rev. 6/11/91 -13- ~ ~ cn gy 1997?1992 ~ ~ ~ ~,pLI~ a i~° ,~ tt~ pstties xyer~ 1 ~ mss ~B ~~,. ~ 2 s 4 ACT= S't~ c ~ opj~r~ 5 Ct~ cxt"i 6 ~ 7 8 Esc: prea _ g ~ ~ ~ Sorn? and 10 leggy frt. _ BY: s 12 ~~' Att~Y 1~ 14 15 16 17 ' 18 19 20 21 22 2~ 24 25 26 27 -ia- 28 ~ 4511/91 Q SCOPE OF SERVICES /~ ROLLING START'S HELPLINE PROGRAM DESCRIPTION: The Helpline Program offers an elternativerto needless, and many times, premature institutionalization of persons who are frail elderly sad/or disabled. The Helpline Program consists of four components. i 1) Electronic telephone equipment (including portable "help button") that plugs into a client's telephone system. The Helpline equipment is utilized to summon emergency assistance. 2) Friends/neighbors, who live nearby. who have agreed to respond to a client's initial call far help. The responders are sent im'mediatly in the event of an emergency. Should repondera be unavailable at the crucial time, Paramedics are dispatched. - 3) An Emergency Response Center, located at the County Medical Center, where trained personnel provide 24 hours a day, 7 days a week coverage and monthly equipment testing. 4) Rolling Start staff, who install and maintain program equip- ment for each client; train subscribers and responders to ~i effectively operate Helpline equipment, provide current pertineach medical and personal information to response center regarding erne.and possible changes. These changes are documented on a quarterly basis. EERIBI? °A" cseo ~oFUmw AP'PIdQ1TIGN . Developma~ Departmea:tQ 0 • •Pa~e -3- Q O. yrop,gisct Budr:et tPlsass Ompl__~ppliaebie itea! Only) a) Briyninistration Salaries end PYinge Benefits: S _ 10.000.00 Supplies: $ 365.00 Professional Services: $ s2s.o0 Travpl?Omfexe~~s/Semir:nZS: $ _ s2s.oo utilities: $ s9o.oo Lnsura:,ce: $ 200.00 Otfioa F7quipmerrt: Lease/maintenance $ 800.00 ottyer: Equipment maintenance, printing, $ 1.895.00 office space, advertising and miscellaneous b) ocnstnactim $ c) 1~91r:eerinc! erd Desic~ $ d) Land Acquisition $ e) Planning Activities $ f) Rehabilitation Activities $ g) other: - $ Total Project Goat: $ 15,000.00 (Fbr ar~tn:ctim, erxlineerin9 a:rd desicy:, ]and acquisition and rehabilitation activities only.) Fstimetar's Qua1 h) Id~tifv other lladira sau+oes: Idantily oo®itaerrts ar applica- tions far !!olds frc~ other sauces to l:plesent this ackivity. If other fords have base: app2cved, attac#? widenoe of ommitsent. of F1ade ~ Date llvailabls Office on AainR $ 9.750 Countv Block Grant $ 10.000 Projected Prossram Fees $ 12.000 i)_ Was this project previously lla:ded with CflBG !lads? Yes No If Yffi, indicate the year(s) ir: td:ioh CTBG !lards Mara received and the granting entity: 85/86 - Citq/County 87 88 -City/Countv 89/90 - itv/ ounty 6 7 -City County 88 89 -City/County 90/91 -City j) If ycu have never received c~ec Eroding, provide eviaer:oa of any p~r+svious experience with arbor federally forded programs (use '+ aaditiunsl streets i! r:eoessaty) s ~r.+~ sivaarr ^s„ D c3 ci~c of earn ~ for SOBRDCIPIIIJPS 1. implemental Infoaaation for Subrecfvient Asa 6uccessPul applicant of the City of San Berxaxdino FY 1991/1992 Community Development Block Grant (CDBG) Program, you ate clot only agreeisg to provide the Bervioes as stated in your applicaticn, but also to abide by the CMG Program „~,3„~,~„ra and responsibilities. 2b further assist you in undetstandirg said requirements and responsibili- ties, the follaaing su~oaries and attacYm~ents have been prepared to introduce to ar update you an each item. Additionally, this ir:structional 1~~ will yam' Ong ~Y desi4nated official to read and sign his/her signature as part of the CO9G agteemerrt. . 2. Monthly~gµest for Rsimbursament Deadline: Due the fifth (5th) day after end of each calendar month timless Othe11?i!e stated in the COBO agreement. Ir?clude the following: a) One (1) Oompleted Request far Reimbura®oent form. b) One (1) Dopy of ~ checks issued that are being t+eiaoburaed. c) One (1) copy of ~ bills/receipts that support dyeck(s) issued. d) One (1) Dopy of ~ payroll check(s) that are being reimbursed. e) one (1) Dopy ~ ill dxeck stubs, aooaurtirg ledgers, ary/ar other docamientation that reflect gross salary and all deductions far each check(s) issued. f) One (1) Page narrative describing activities undertaken during the ma¢:th included far reimbursement. In zrsponse to its part of each agreement, the City agrees to pay all invoices within thirty (30) days after it receives the invoice ps+wided the City is satisfied all expenses have been inauzred within the scope of the executed agreetee¢:t and that the ewbtecipisnt oattiroues too ca+ply with the terms and conditions of the CDBG agremaent. (G~erally, irnroioes are processed within ten (lo) days of receipt of same.) 721e City reserves the right to defer ptxessirg of irn+oioes and withhold payments until all required reports, statements, arx~/ar certificates have beers submitted © and. where neoesstuy, approved. lab:3025 -1- CDBfi PADfRtlIM Tl'8 Rev. 6/11/91 Fiscal Year 1991/1992 EEHIEI2 ^C^ p O q) All accauYticg reoozds std evidenr,~ pertainim~ to all costs of each /~+~ subrecipient and all doc:mimYts related to the CDBG agzaament shall be ~J retard aid available for thz+ae (3) years following the oca~letian of the llu~ded program. h) Each subrecipient agrees to allow the City of San Bernazdita Camixmity Development Department 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. Raports~aeoortinq_~uiramenta and Reoords/Racord lceep~g Re~rements hIIrile staff realizes that report writing aryl reooxd-lsseping are not the most desirable aspects of any program, it is one vehicle that pr+widas a measure of program progress and aooaq~listm~etrts. Thus, all subrecipients participating is the CDBG Prograta are rera~rired to provide the City of San Bernardino Development Departmenrt with written reports of its activities an ar before the tenth (10th) day of October, JnnU8ryr and July of any given program year for the previous three (3) month period in additim to a final report when the agremnent terminates. All reports shall irrlude infamaation ar: program activities, aooo~l.istnoernts, - new prcgcam information aril current program statistics an expenditures, case loads and activities of the r+spartirsg period. Each subrecipient is also required to maintain monthly records of all ethnic anti racial statistics of persons and families assisted by its program(s). This monthly record shall include data cn the raaober' of low and moderate inoonne persons tvd households assisted, (as determined by federal inoane limits), number of Bale-headed horseholds, and rnm~ber of eeniar citizens assisted. As mentioned earlier, arch sub~recipient is required to keep all xooaurting reoa~rds and evidence pertaining to all costs far three (3) years following completion of the fancied progrmn. 4. 0 n~aa t~r1Y~ Deadliness October 10 - for period oavering July 1, to September 30, of P~~ Y~• January 10 - for period caverirrg October 1, to December 31, of program year. April 10 -- for period covering January 1, t0 March 31, of prograon year. July 10 -- for period covering April i to Jussa 30, of program Y~• Include the follawinq: a) One (1) ca~leted Activity Report (farm raaaber 802) . b) One (1) coated Direct Benefit Report (form number 045(x). leb:3025 -2- COBfi PIa>~iAM RDQUIRII~TPB Rev. 6/11/91 PYecal Year 1991/1992 Q c) One (i) ca~leted Oontract airs S1:boontract Activity Report (form OMB 2506-006). (Far oonstructicn projects aasly.) It is the responsibility of the sukurecipiea:t to p~repar+e and submit the required reports by the above stated deadlines in order to keep City staff informed o! arty changes to the ftsrned program(s) . 5. Proarma Monitorira One of the City's r°sponsibilities is to monitar eac3s subrecipient at least aaroe a year. Not only are the monitaring visits interned to ensure each agency's oontirsued oc~liarsoe with CD®G requirements, but also serve as an opportunity far City staff to beocme more ]vsowledgeable of sods agency's program(s). 4lse monitoring visits also serve as an opportunity to provide information to other City staff, the Mayor and Oxon oaarcil arsd other intxx+ested persons. Listed below is typical information City staff will be seeking, observations that might be made, and items we may wish to review: a) tine aoo~lishmeart(s) of the program(s) to date. b) Td~ether ar not ps:+ogram objectives are being met. c) That the interned client grarp is being served. d) The number of people on staff. e) The existence affi maintenance of client files. f) Assistarroa City staff can provide. 7.n additicas to monitoring each agerscy cane a year, the City of San Bernardino Development Deparbaerst r+eservea the right to have its internal auditar ooanuct an anaite audit of the program as part oP the its arunsal audit of all CDBG funds pursuant to Federal Regulations. Although the terms "monitoring" and "audit" may appear sarewhat formidable, please be assured that your agency will be notified in advance of ansy request far a moasitarirrg visit. Also, please be advised that repr~tatives frcan HUD moasitar the CDBG program every year During HUD visit(s), they may wish to mcnitar one (1) ar mor+e of the City's subrecipients. If yarn agency should be selected, you will be notified 3n advarxae in order to arrange a mutually aoasvenient time. 6. Another required elesamit of your CDBG agremnent with the City is the programs budget. Please submit an updated line item budget reflecting your approved CO®G allocatim. Also, include a copy of your overall program budget with a eummazy of your Rsndirg acuiroe(e) ar:d the fatal agency budget. The COBG portion of yarn total program ar agency budget should be identifiable. 7n past years. several agencies have raised questions r~egaxdimg minor budget malifi~tirna ar adjuatinerrts. Staff realizes that the approved budget may require minar~ adjustaoents during the lice of the programs and request that you dieassa proposed with Develapmerst Department ® staff. lab:3025 -3- CDBG PAOf$tA![ 8 Rev. 6/11/91 Fiscal Yeas 1997,/1992 p Again, please be reminaea that capital ar x~cn-exp~dable equipment is mt Q to be piu+chased with CO®G f~urds. If you need to acquire such equipment, please discuss it with Development DeparGnmit staff. 7. a,,,~.~. ~ of Pa_+~; ~.l Pt~ons_~++i os Ba~~t (R~~± Sect; on n13u of the CD®G All tangible personal property having a useful life of more than cne (1) year and an acquisition cost of three hundred dollars ($300.00) ar more per unit shall be subject to the requirements of the Property Martagenoent Standards specified in 24 CFR, Part 85.32, "Ctnaaon Rule". e. groom a) All equipment and property purd~ased in accordance with the above standards shall be identified as "Federal property-Ht7D", (include your internal Identification Nlunber). Identification may be achieved bjr tagging ar r~rg the property ar by any method that will _ result in pmoperty Identification Nlaobps being ?±et~~+a*?t?y affiraed. b) Maintain a separate reobrd of all such equipment aryl property. Informatics shall irrlude: Mamie/Description -Serial Number -Identification Number -Date P~urhased -Rutirase Price -0.~ditics (i.e., exoeller~t/gooc7/fair/Poar') -Characteristics (i,e., Dolor/features, etc.) Physical location (i.e., address/office/room, etc.) c) Submit an inventory listing to the City o! San Bernardino Development DeQartarerrt each veer erriim J1u1e 30. Said listing is to be sutanittsd by ~lv 1o follaaing the end or the year. 'lyre list shwld include all the information listed under item "b" above. d) A r~i<C~ request must be submitted to the City of San Bernardino Developnent Department for any apjucved purchases that are not in the originally approved budget (see agreem~t). written authorization r~s ~g obtained from the Developnm~t Department by subrecipient priar to the purchase of any equipment, whether ar not said equipment was included in the agency's original budget. e) It is the responsibility of the subrecipient to maa„rat* and repair all property and equipment purchased with co®c funds. It is also the responsibility of the subrecipierrt to identify all purdrased equigaent ar~d property with tags ar engraving, and to supply same. 9. Fis.wl A.^~":t;*~ ar'+~ A•~jt Doc~..."..,r.*a~ Ztre City of San Bernardino Development Department requires eau3i agency to ® observe and c~ly with all accounting rules aril audit ps~ocedurea as set lab:3025 -4- CDBCi PADCRII!( REQtil'R~NPB Rev. 6/11/91 Biacal Year 1991/1992 Q 0 forth in the CoBG agx+eement. The following is a brief descripticai of the most pratninent raquix~ents: a) As a participant in the City of San Bernardino CMG Prograan, eadi subrecipient agrees to keep all Rinds received fmn the City fznm any other sources of A,.atril. b) Fach subrecipient also agrees to keep records of all funds received fray the City of San Bernardino fn acoozdanoe with the procedures set forth ir1 the "Agremnent Axataiting and Achoinisttative FtaT~ook". A copy of the Har~ook is attached. 10. Certification and Assurance Attac3~ed is a copy of tha Oertificatian and Assurance farm to be pzBpared and signed by the desicp'iaated governing official(s) of the subr+acipient agency. This dounaent is to be attached to the CDBG agzeement aryl shall becaoe part of the govezriirig requirements. lab: 3025 -5- COBfi PROfi[iA![ RBQUIRII~B Iaev. 6/11/91 Fiscal Year 1991,/1992 . ~ ~"3 4 n~vErvt~arr DEPA~TP of T~ a ~~OSxtificatiou aM Assuranoe~~ (To AooaoQany C~BG Agreement I. (Name and T tle of Offic al) of the (Name of Agency/ za on) located at do hereby wake the following certification and assuzarrce to aooa~any the Ctamauiity Developnent Block Gxarrt Agreement between (name of za an) and the ty of San a) Certify that the informatim booklet far CD®G Pirogram r+equir~nts has been read aryl iarderetoodt and b) Assure that the (name of Agency) will comply with all as stipulated herewith in the performance of the CMG Agreemerrt. Dated: (S tore of Off ) Dated: Devalcpn~t Deparbmerrt Repucesgnta ve lab:3025 Rev. 6/11/91 lab:3025 -6- CaBG PAOORAM REQUIItH~NfB Rev. 6/11/91 Fiscal Year 1991/1992