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HomeMy WebLinkAboutR03-Economic Development Agency © ~ per; J• 1 SNbjeCt: FY 1993,/1992 CMG A($tEN~'NP Hoecutive Director HE19iENli G3T7[ 7110 PIg7NLT HDME RtNi, ~.'. - Date: JLII4B 20, 1991 synopsis of Previous C~ittea ~.ione 041 Fehruaiy 11, 1991, the Mayan aT1d common Cb~adcil approved ani adopted the FY 1991/1992 C~BG Program Mix and authar'ited staff to solicit pzOposals !ar same. Cn May 6, 1991, t~ ~Yar' a~ OGaan Cv~udai.l took an action establishing May 20, 1991 at 3:00 p.m., far the date and time certain of the FY 1991/1992 CD9G Public Fleaz'ing• Cn May ~0, 1991, the Mayor anti C~rsd Co~aroil reviewed reoaaeoea~datians submitted by the Oamza~ity Development Depat~tment Citizen Advisory Ocamiittee and appmoved sales far CDBG Railing assistance far' Fis~l Year 1991/1992. iatocaodendad Motion: aQaMDr and Oommon Oo~adaii) RE80LpPi~1 GF '~ MJUIOR 71~ C~Qt'NT CCONCLIr 09' '~ CTT7( OS' 811N H6~4ND~D ® 71VIIi0 LND D374NCP111G '~ E~CI1Pl~T OII? A CDNNONITY ~VffiDP!®A' BIOCR OiG4Dfl' F~IDIa13 Air HE171F~T '~ CZTY 09' 8AN lI2D PA0~78CP ~ IaltT, INC. Adm~~~stratar' NCI J. ~ }Na 1~ 81GaW W D ractAr Daveloparnt ppp~;faat ppr~n: gen Ftendetsan/P~d Flao.~s PYdone: 5065: 5081 PrOjeCt Area: 1 Prciect Areas Ward(s): All Wards Suppoxti~ Data Attac34ed: Staff Rnnort• Resolutian• Acremeent• ~ibits FUNDING, F07QITII~l+gNlS: Amount: S 20.000.00 Source: FY 91/92 CDHG LOC Budget Autlx~rity: [rrnn~ aaa pp~0pd~pil NDtes 4 MssDaYe~O %Ol/1991 Agenda Item NDt Q 4 F7C 1991/1992 CDBfi Ilcteement On May 20, 1991, the Mayor an3 Cammcat Cb~u:cil carduckad the FY 1991/1992 CDBG Public H~eariig and awar~dad Community Development Black Grant fords to oartain public service, repital irq~xvvament. and lair housing P~~• A9r'~?ts are now required to implement said pm'jects. ~e attadsed Agreement between the City and Prvjact Hcme Run, Inc., includes a "scope of services" and "pxngra® budget", referred to in the Agreemaztt as Exhibits "A" and "B", respeetlvely. ~:ese F~ibita are itnorpozated by refar+ence as thous lolly aet Earth at length. Adoption of the attached Resolution by the Mayan and Oommon Ootaril autimrizes and directs the Mayor to e:moute the Agreement as described herein. I r+eooemp~d j adoptim of the attad~ed Rssolutiai. i3 i `iiT, ve ~eOtOr ® Development ¦ 77 -K7H:lab:4409 wag 07/01/1991 © o ® 1 2 nv » namcTass ~ ~mcvr~a~t a~ cae~aaarl7r n~vsra~tr atiocit GRAND » Aor eat ~ cs~c ear SAN B~mRD2Zr0 AMID PAOJBCP S1~ R~amr, 3 z~. 4 Bs rr Rseo~.vEU sic ~ MA1t~ 71~ID aoba~ CoO1~1CII, ear ~ CIT7C a~ eAN as : 5 eeation i. 6 (a) ire Mayon of the City of San Bernardino is hairoby authorized aryl 7 directed to eoaBarte, on behalf of the City, an agreement far Oosmurity 8 Develo~eait Block Grant i<a~irrg with PtiLUDLT ~ leer. II~FCC.. which agreement 9 is attached hereto as E~ibit "1", and is incorporated herein by raferenoe as 10 - 11 than fully set forth at length. 'II~e ag:.reemetrt provides far the granting of Comity Develolment Block Grant llar7s in the following amaart of 520.000.00. 12 ~kion 2. 13 Q 14 (a) ~e atrthorizatia:a to axearte the above referenced agsaement is res- cinded if the pnrtias to the agree®ent fail to aroe~vte it within sixty (60) 15 16 sixty days o! the passage of this Reeolutian. I f432EBY COY that the laracping r+aeolutian was duly adopted by the 17 18 Mayan and won Camcil o! the City of Ben ~+~"++iiTM+ at a ~ 19 thereof, held m the _ day o! 1991 by the following vote, to wit: 20 21 iiii 22 iii /iii 23 /iii /iii 24 //// //// 25 //// //// 26 //// O 27 28 lab:3961 Rev. 6/11/91 -1- a~ a case arr~r ~ .T ~ xam~, nac. © 2 X11 1 ~ ~ 3 ES'PRAOA ~ _ 4 ~.u~Y _ _ _ 5 _ _ 6 aa+vnsrESt 7 - 8 - Po~-ivaat~t _ _ _ 9 _ 10 - 11 12 ty clerk 13 I ~ ~"'y 14 ~,/ ~e farregoing Resalutim is hereby ap~wed this _ day of ~ 15 ' 1991. 16 i7 18 w.R. ~naaa~, Mnyor 19 Apia+wed as to fay a~ ~ S~ ~ I' 20 legal aarrt~sast: ~ ~ r. ra~a?x, 21 city 7?ttarney 22 gy: 23 ~ 24 25 26 © 27 28 lab:3961 Iaev. 6/11/91 -2- o ~ ® 2 gIIS AGRffi~NP is entered itri'~o effective an of thin _ day of 3 1991, at San HernardiaD, Califarnia, between the CITY OF SAN 4 , a amicipal corporation, referred to as "City", and 5 I37N. IIiC.. a no~~ofit o~ity service amganizatian, referred to as 6 "Sub2ecipient". City std SUbrecipier:t agree as follows: 7 1. Recitals. 8 (a) SUbmecipient has xenuestad f<~t,~-i,~i assistance f~ City far 9 fiscal year 1991/1992 f~ Sa:ds available th~i the O®amity Development 10 - Hlock Grant Program ttam the United States of America to City. 11 (b) Svb2ecipier:t r+epr+eeent8 that the expanditurss autYnrized by this 12 Agnaement are far the reaovisian of assistance to seven (71 low ino®e 13 families to obtain linwrrinv a:d enable them to trurchase hoes as first time 14 ~jyere thraxrt: oounselirw and finw?riwl manaoement r+esoluses. which are valid 15 and eligible community development p:spoeea, as defined in cFx Bart 570 in 16 aooor+danoe with federal law and regulations, anci that all furx7s granted under 17 this Agreesent will be used far no purpoe~e other than those p:uposes 18 specifi~lly The specific purposes and scope of services of this 19 irs,7wr grent are set Earth in PShcibit "A", attached hereto and 20 21 ~ into this as though fully set forth herein. ~ (c) Submecipient will comply with applicable unifarm administrative reel+i *+~*+~'~, 88 described in 24 CFR, Part 570.502. 23 24 (d) bvbr+ecipier:t will carry out each activity, progremi and/ar project it1 oompliatne with all federal laws and r+egulatians as set Earth in 24 CFR, 25 Part 570, with the following eoaceptions, (i) the Subrecipieatt dose not .e:~~ 2G the envirunoental responsibilities of the Grantee as described in 24 CFR, 27 Part 570.604, and; (ii) the Suba+acipis~t does Holt assume the Grantee's 28 lab:4433 Rev. 6/11/91 -1- 8ffiBIS "1" Q © 1 responsibilities far initiating the review praoess under Fsaecutive alder 2 Nlmtbar' 12372. 3 (e) Subzecipient will coeQly with the requirements set Earth in the 4 Lhzifaxm Relocation Assistance and Real Property Acquisition Policy Act of 5 1970, as amended, (LAtA), 49 CPR, Part 24 in aooozdame with federal j 6 regulations when attempting to ar acquiring ~Y ar parnel of land. i 7 bvbrecipient will be x+equir+ed to obtain written approval fry the F~oeaitive j 8 Dixiectar of the Development DepaL~aent priar to any ackivity taking Place 9 within the Confines oP Lk2A 49 CPR, Part 24, as amended. 10 - 2. Pevmemts. 11 City shall reia~burae Suluecipient far allowable aoets inam+ed under 12 the scope of this Agreement and appliceble P~eder'a1 regulations, which have 13 not been paid far ar reimL~ueed in any other mesmer by any other Agency ar { ® 14 private aouroe of fusxiing. Reimbursement will be made at least on a ma:thly 15 basis, with the total of all suc3i reimb~uaeme¢sts not to eoooeed 520.000.00. is a. ~ 17 'IIliB AgL~aemeaft shall o®enoe July 1. 1991, and terminate Jtme 30, 18 1992. 19 4. IIse of ltmdss Hudasts Travel Limitation. 20 (a) ~e funds paid to Subxecipient shall be used by it solely !ar 21 the purposes set Parch in F~ragraph 1(b) oP this Agreement, and in aooordanoe 22 with the program budget submitted by Svbrecipient to the City of San PJernar~ 23 dim Ooammity De!velapmmst Departmea~t, a Dopy of whidi is attad:ad to this 24 Agreaoent as F~ibit "B". die budget shall list all ea~uoes of funding far 25 the program covered by this Agre®errt, whether fmm State, Plederal, local ar 2G private saurves, and shall identify which scarves are paying far which speci- Q 27 fic portions of the program, by line-item, to the extant practicable. 28 lab:4433 Rev. 6/11/91 -2- i © d (b) No travel expensesfarout-of-state travel shall be irrluded in this po:vgram unless specifi~lly listed in the budget as submitted and ap- © 1 t proved, and all travel expenses to be Marled fr+m~ ftads provided here~ader 3 shall be specifically identified as travel expense, which shall be negotiated 4 between the City of San Berr:nx+dino Development Department aryl Subrscipiemt in 5 the budget. Any travel expenses incurred by Strbmecipient above the budgeted 6 amaart ar far cut-of-state travel shall not be eli~file far reimlxusement 7 unless the priar written approval of the E~oacutive Director of DevelopoBrrt 8 Department of the City of San Bernardino, ar designee, has been obtained. 9 (c) F1mds shall be used far gaposea authorized by the Oommmity 10 - Devsloporant Block c~Yarst Program only, and rio paxtim o! the fords granted 1] hereby shall be used !ar any puLZx:se not specifically authorized by this 12 14gre~errt. 13 (d) only net payroll shall be p~~+^~~~y reimbursed by City a6 an ® 14 allowable oust. Any amo:mts withheld by blrbr+acipient from an employee's pay 15 far taxes, social seasity, ar other withholding and not ;*~~,~reiy paid 16 over to another entity, shall not be irfcluded as wages ar exp~ees eligible 17 far reimburaemm~t as an allowable cost until suc3i time as the withheld farces, 18 social searrity, ar ether wi**++r+~~~*;+~ are actually paid Duet to amther 19 entity entitled to such payment. Dpm such payment and the sutmtasian of 20 evidence of such pnymerrt to the City of San Bernardino Development 21 Develapomart Depar~ent, soc3i m:penses shall be regarded as an allowable oust, 22 and the City shall r+ei*+++*~ S1rbx+ecipierrt far such obligation. 23 (e) Subrecipierrt shall be allowed, with the priar written appxot?al 24 of the Develaproerrt Department of the City of San Bernardino, to maloe c3:anges 25 to the budget during the first three (3) quarters of the fis~l year, so lcx:g 2G ® as SUbrscipient is in amplinrne with Ssctim "2" of this Ag:.~+e®ent at the 27 tiros of gul~niaairv~ of the budget modification request. A variation in the 28 lab:4433 Rev. 6/11/91 -3- i t ..rte' Q ~ ~ ~ ~°`'~' ~i~ ice. ~ 1 itias: of (1oi) as ~ merit of ~1° ~ it written -~. 2 ~~ad '~ ~ t2~ city °g $°r` ~ ~ be varied. 4 of ,~„~ ~1d~"~`~ t~ tom ~t of t~ ~ ~~, t~ t~ ~ ~ ~ ut~~ s i~ ~t ~.t>~t '~ s~ ~ ~ _ ~ z~ 9 ~ oblit~?~ t]is '° ~ his A 111 " ~ Y~ ~i°~~ ~ t~ °'~ ~ Y~ at t~ ~ ~' ' ~ 12 cep piece ~ ~t '~ ~,~ve ~ 13 ~iax tp tz'° re~F't l~ ainl rr9?~°t ~ ~,nti,a~ j^'~ 14 atd looel ~ ~ ~ limiter to, ~ lioe~° ~mia 'V 15 afar:, lcc~ b~ir~ o~ °ut by ~"~i~ ~ ~lie~ 76 of ~ira~ '~, a'~'ritY is rot o~~ at tt~e ~ ~ tl~s ~Y pai~.~ 17 m ~~~~~' maY~ tfar 18 ~l~le ~' ~ ttrs Del ia~ is a~~" 19 ~~t~V°~P~,~,aamPl isra~' 20 eta 21 '~ on ~ ~ ~__~,,~t, asd ~ ~' ~ mare ~5P ,~ his ~°"`- tl~s ~].ap~nt 23 S' ~ t~ Y~ "~ ~ire~r ~ t ~, ~ (a1 tt~ `i abate. ~ ai'a"t ~ au 24 tip ~ ,moor ~ ~, ,~ 2G DaP irq oY t2~ an ~r~' 2$ ~:4 6 X91 xevarnms Exam whatever souxve axniing to the axganizatian far the fiscal 1 Q 2 year atding Jane 30, 1992. (b) F~,,,.,,ri.t reooxds shall be mai„t>.ir,er9 by Subxecipient in aooord- S anoe with Genexr tty Aooeq~ted Aooo~ntting Principles, and ip a ffiatmer which 4 permits City ~ to trace the expetditures of ituds to sanroe doc~moentation. All 5 books an3 reoamds of bvbxacipiertt are to be kSpt open far it~spectian at any 6 time during the business day by the City, its officers ar agents, an3 by any 7 representative of the ZA~ited States of Ameri~ autharized to audit ooomunity 8 development block great pmograms. 9 (c) Standat.Yls far fitatlcial management systems and financial report- 10 - ittg requirements established by 24 CFR, Parts 85.20 and 85.22 shall be fully 11 complied with by SUbr+ecipient. SZtbxecipient acknowledge6 that the lands 12 provided are federal funds. 13 14 (d) Sl~br+ecipient~e f~*+"~r~¦~ manegemettt syst$m shall px+ovide far Q aaatrate, current and ocmg~late disclosure of the fi*+~+*+ri++~ results of each 15 16 ~ ~ tl+i a ~ ~ the raspamibility of Subreci- 17 p~ ~ adequately safeguard all assets of the pragrem, std S~tbr+ecipiettt 18 shall ass~a+e that they axe used solely far authorized p~aposas. 6, Awtroipag testae t7 Residsnts• Mott ~d i~iort;A9 19 20 21 ~ s of Subracipie:tt shall be made available to residents and inhabitants o! the City of San eernardino unless otherwise noted in Esdtibit 22 "A". No pexsai shall be denied service because of race, solar, national ari- 23 gin, Creed, sex, marital status, ar physical klattdicap. bltbr+acipietit Shall 24 oaoQ1Y with Affirmative Action guidelines in its employment p2actioes. S~r+e- 25 ciPient shall also monitar the pragrmn~e activities std sutmit written re- 2G ® parts quarterly, ar mCre often if requested, to the Hoacutive Director of the 27 Develo~~tt Department of the City of San Bernardino, in aaoordanoe with 24 28 lab:4433 ' Rev. 6/11/91 -5- © O ® 1 CFR, Part 85.41(c)(d) and Pert 85.21. Failure to provide such quarterly 2 performance reports may prevent the prmassing by City of Subrecipie:st's 3 requests far reimtrseemer:t, and may justify te~araxy withholding as Provided 4 far in Paragraph "11" hereof. City reserves the riot to waive such hr+each, 5 without prejudice to any other of its riots hareta~der, upon a finding by the 6 F3oeaitive Director of the Development Depnrt~osrst that such failure was due to 7 extraarainary circumstarsoes asd that such breach has been timely cuZred 8 without prejudice to the City. 9 7. Proauremeast Praetioess Co®fliot of TM*~^~. 10 - svtuecipient shall oa~ly with pmocur+mmzst prrooa<Lues asd guidelisas 11 established by 24 CFR, Pert 65.36(4)(1), bvbrecipient "Proauemerst 12 Starr3ar*fl°". Iti addition to the specific rec~i*+~*+m++'= of 24 CPR, Part 85, 13 Svtaecipient stall maintain a node ar standards of conduct shall govern /r"'~ 14 tl~a performance of its officers, employees ar agents in oattsactisg with ar~d ~/ 15 estperding the federal grant Raids made available to Subrecipie3st under this 16 Agreement. blsbrecipiesst's officers, employees ar agents stall neither.salicit 17 nor accept gratuities. favors, ar anything of ma:etaiy value ltcm contractors 18 ar potential oontractars. 7b the extant pesmismble by state law, rules, and 19 regulations, the standards adopted by Subrecipient stall provide far 20 pennltie6, sanctions ar atliar disciplinary actions to be applied far 21 violatia:s of suc3i standards by either the Subr+ecipient's officers, employees 22 ar agents, ar by oantsactare ar their agennts. stnhrecipient stall provide a 23 aopy of ttie Dods ar standan.~ds adopted to City forthwith. All procrir+eaoent 24 traneactirns without regard to dollar value shall be corductad in a manner so 25 as t,o provide maxims open and free competition. The Svbrecipient stall be 26 alert to arganizatiaral conflicts of interest ar na:-ocegetitive practices Q 27 among aantractare which may restrict ar eliminate oagietitian ar otherwise 28 lab:4433 Rev. 6/11/91 -6- o restrain trade. Subrecipient agnaes to adhere to o~flict of interest 2 pxwisians set faith in 24 CFR Section 570.611 and to the povc~uemerst rules ® 1 specified in 24 CFR, Part 85.36, in its expenditure of all funds received 3 under this Agreesoerst. 4 8. Anti-tLita Hack Provisioner equal E®lovment Ooooriamity. 5 All contracts far aa~tim ar repair using funts prwidad under 6 this Agreement shall include a p2wiaicn far acmQlianoe with the Oopaland 7 "Anti Rick Hnck" Act (18.U.S.C. 874) as supplemented in Department of Iahor 8 Regulations (29 CFR, Part 3). 91is Act provides that eadi oontractar ar 9 subgrantee shall be prohibited fry isrAscingr by ~Y ins, ~y t? ~- 10 - ployed in the oanstructicn, caupletion ar repair o! public wank, to give up 1] any pert of the oompeneaticn to whidi he/she is atlazwise entitled. Subreci- 12 pient shall report all stsspectsd ar reported violations to city. A11 con- ~ 13 tracts in esaoess of $10, coo. oo entered into by Subrecipierst usisr3 funds ' ® 14 ~ provided under this Agre®ent stall catstain a provision requiring alliance 15 with Equal Esgloymetst Opparttatity prwisims established by E~oaantive Order 16 Number 11246, as amended. 17 9. 18 19 ~' oanstnx:tim contracts awarded by Slshxecipient using funds 20 under this ~ e0°0~s of $2,000.00 shall include a provi- 21 sign far oaaglianoe with the De~vis-Bacon Act (40 17.S.C. 276(x) to 276(x)(7)) ~ and as supplemented by Departmesst of tabor' Regulatia~e (29 CFR). Under this Act, oantractars shall be r+egtsirad to pay wages to laborers and med~anics at 23 a rats not less than the minims wages specified in a wage determination made 24 ~ by the Secretary of Tabar. In addition, oantractare shall ba required to pay 2G not less often than once a week. Suhrecipient shall place a Dopy of Q the curnent prevailing wage determination issued by the Department of 11ibar 27 in anc3i solicitation and the award of a oantract shall be conditioned upon 28 lab:4433 Rev. 6/11/91 -7- o a ® 1 the aooeptanoe of the wage determination. Slrbrecipier:t shall zeport all sus- 2 peeled ar reported violations to City. 3 10. A~1 of LYty of aav slraroee: IIae of PtrCrmm income. 4 (a) City hereby requires Sulu^eciPient to notify the City, in writing, 5 of its irrtrsrt t4 c2~azge a foe far any service, the provision of whidr is 6 assisted pursuant to this Agreement. City requires bUbr+ecipient to obtain ~~I 7 the priar written approval of City far any dratges ar fees to be dmrged by 8 SUbrecipiant for such services, and of any rules aryl ragt>lations governing 9 the provision of aeYVioes her+era~der. 10 (b) Progra® ino®e represents gross income received by the 1 ] Svbrecipierrt directly generated tx~ the use of Rinds prvvi,ded hereauder. 12 sva~ earnings include interest earned an advances aryl may include, but will 13 rnt be limited to, irncme tram service fees, sale of aaonodities, usage grid ® 14 rental fees far real ar persaral property usi~ the Rinds provided by this 15 Agreement. A8 to 6lrGii inc®e, it shall be first applied tD eli;ihle program 16 activities, before requests far reimlxusarent and, in the use, shall be 17 subject to all appli~ble provisions of this Agreamerrt. locums not eo 18 applied shall be remitted to City. Subrecipient shall zemit all ur:sperrt 19 Pre4r~ ino®e to the City within thirty (30) days subsequent to the errs of 20 the program year (Jtiara 30, 1992). 21 11. Tlpora:v llithholdi~. 22 ~e E:a3cartive Director of the Development Department of the City of 23 San Bernardino is authorized to temporarily withhold the payment of Rinds to 24 Strbrecipient when the Director determirbe that any violation of this 25 Agreement has oocvrred. Ftmds shall be withheld until the violation is 2G oorxecked to the satisfaction of the Eyoeartive Directar. subrecipient shall ® 27 have the right to appeal the decision oP the E:a:cutive Director to the l~yor 28 lab:4433 Rev. 6/11/91 -8- 0 0 earl C1®cx: Oo~mril. 4he sale grauds far etx3i appeal shall be that no violation of the Agre®ent has oocvrxed. Subrecipimit shall file such appeal ® 1 2 within fifteen (15) days after such first withholding. ~e Mayar and Glxmaai 3 _ Co~ulccil shall sat a date far the hearing of such appeal which is within 4 5 thirty (30) days following the date of filing. 32. Raocxds Rateatiam. 6 Fi„e,.,,,i,.i reoomds, sunparting docents, statistical records, and all 7 other records pertaini~ to the use of the Rinds provided order this Agree- 8 meet shall be retained by Subrecipient far a period of three (3) years, at a 9 minim, and in the avant of litigation, claim ar audit, the records shall be 10 - retainad until all litigation, claims and audit firdinge inwlving the re- 11 cords, have been fully resolved. Records far non-expendable pxvparty acqui- 12 red with federal lads provided under this Agreement shall ba retained far 13 three (3) years after the final disposition of suds property. ® 14 13. 15 Non-experdabla personal p2vparty, far the purposes of this Agreomarst, 16 17 ~ dafiried as tangible persaal pr^aperty, gu~ciasad in sdyole ar in part with federal Bads, which has useful life of mare than are (1) year and an aoqui- 18 sition cost of orm~thousard dollars ($1,000.00) ar mox+a par unit. Ran]. 19 20 Ply means land, including land iaprr~raments, stnretur+es and appurten- anoes thereto, excluding movable mndiinery and equipment. Nan-expendable j 21 ~ personal property and real pmaperty puzt3:ased with ar inqu+ovad by Rods pro- ~ vided order this Agreement shall be subject to the property management stan- darde set forth in 24 CFR, Part 85.32. 24 14. Ts>minntiCn for Cause. 25 2G (a) City r+eaervea the ric~rt to terminate this Agreea~errt in aooardanoe ® with 24 CFR, Part 65.43, and any and all grants and future payments under 27 this Agr+a®aent, in whole ar in part, at any tima.befare the date of 28 lab:4433 Rev. 6/11/91 -9- Q 1 oamplatlan of this Agrmam~t whm~evar City determines that the Sut~+ecipient 0 2 has materially failed to oaag~ly with the terms and ootditione of this 3 Agreement. >h the event seeks to terminate this Agreement far ease, City 4 shall pra~ptly notify the Svbrecipient in writing of the proposed termination 5 arri the reesar~s thet+efore, together with the p2q~osed affective date. Sutme~ 6 ipient shall be given an oppar~t~u~ity to appear bafare the Mayan and Cammn 7 council at the time at which the Mayor and Commm oaa:cil are to consider 8 such reoma~c'7ed tenninnticn, end shall be given a zansarable oppoxttunity to 9 show cxuae why, if any eori.ets, the Agrasmesnt ahauld not be tanoinated far 10 - ~uea. Upon detarminatian by the Mayan and Common Council that the oontxact I1 should be tpumiratad tar asuea, notice thereof, including raesans tar the 12 deteYminatian, shall pitc~tly be mailed to the Subracipient, together with 13 informntian as to the effective date of the termination. Suds mtioe msy ba 14 given arally at that hearing. Rfie det~minaticn of the Mayor end Oon®an 15 oo~aril as to cause shall be final. 16 (b) In the event o! any texmiratiai whether tar oauea ar tar 17 cwnvatnienoe, Sutmecipient stall tart3svith pavvide to the Development Depnrton- 18 ant any and all docam~entatiart needed by the Dsvelaposnt Dapnrtmer?t to 19 astablistt a lull reoaxd of all manias neoeived by Subxocipiant and to docume- 20 nt the use of same. 21 ss. Tatminatiam ~ ooavemiaaoa. 22 City ar Subracipieant may ter~oinata this Agraaaent in whole ar in part 23 provided both parties agree that the ocantinn~ation of the project waild not 24 produce beneficial results acmmmw3urate with !anther expenditure of funds. In 25 such avant, the parties shall agree upm the texmination oanditions, 2G includi~ the effective date and, in the Dees of partial terminations, the ~"'~ 27 portion to be terminated. ~e b~kuecipiant shall not inair new obligations ~r~r' 28 lab:4433 liav. 6/11/91 -10- far the terminated portion after the effective date and shall carrel as many 1 Q ~w~~~im obligations as possible. City shall allow bvbx+ecipient full 2 credit far the City's share of the non-cancellable obligatiat~s obligations 3 4 properly inatrred by the Subrecipient priar to termination. 16. Rdversion of Assets. 5 6 bvtu+acipient agrees that upon expiration of this Agr+eammyt, the 7 Svbr+ecipient shall transfer to the City any and all COBG i1u>ds not used at the time of expiration and arty aooaarts receivable attributable to the use of 8 CDBG Bads. Subrscipiertt agrees that any real properly under its aotttml, 9 10 -~~ was ar inq:roved, in whole ar in part, with CLBG duds in etooese of $500.00 shall either, (i) be used t4 meet one (1) of the three (3) 11 r,wtieY,wi objective6 as set forth in 24 CFR, Part 570.208 until five (5) years 12 after expiration of the Agreetmnt ar sudt period of time as deteair~ed appmo- 13 14 priors by the City, ar; (11) is disposed of in a manner whit3t results in the © City being reimbursed in the amount of the ct>zxattt fair tanrlaet value of the 15 16 Ply lass ~5' thereof attributable to expenditure of, ar 17 ~°~t to, the pmoparty by BUbrscipient. la1x31 *+si,a,~„=ement is not 18 after the period of time dpeCified i21 "i" above. 17. sold 8atmless. 19 20 SUbr+ecipiartt saes to inde~tiiy, save and hold hataaless the City arr3 the Developtasrt Department std their eaQloyees and agents from all 21 liabilities and c3tnrges, etgsatses (including caatsel fees), suits ar losses, 22 ~ however oocan:ring, ar damages, arising ar growing cut of the use of ar 24 of Atrr3s paid order this Agrt~tt and all operations order this ~ Agreement. Payments order this Agrsetnerrt are made with the ,+^~~*~*+~{ that the City and the Developtaertt Departmmtt ors not ittwlved in the 2G © 27 perFormarne of services ar other activities of the SZtbrecipiertt. Svb2ecipient 28 end its er~loyees and agents are independent oartttactaxa std not ~loyees ar lab:4433 Rev. 6/11/91 -11- © 4 1 agents of City ana the Development Department. 2 se. Amt. 3 his Agreement may be amended ar modified only by written agt+e~ent 9 4 signed by bath parties, and failar+e an the part of either party to enfaroe 5 any prevision of this Agreaoait shall nat be oonstxued as a waiver of the 6 riot to oampel enfarnement of any provision ar provisions. 7 19. Asaig~t. 8 its Agrreement shall not be assigned by bvb2ecipieat without the 9 priar written oaneent of City. 10 - 20. 11 A11 notices tsexvin z+equired stall be in writing and delivered in 12 perean ar sent certified mail, postage prapai,d, addressed as follows: 13 71. to city: As to aubsraipierts ® 14 Ewacutive Director Bill Run, Lhmcattive Director 15 Develapsent Dspazt~aent Project Haue R1ui, Inc. City Hall, Fifth Floor 150 Feat Oliva Street 16 300 Narth "D'" Street Gblton, Calif. 92324 San HatTaxdinD, Calif. 92418 17 21. Evidesos of iert*~+~+ty. 18 19 shall provide to City evidence in the farm of a certified copy of misaites of the governing body of Sutaacipient, ar Other 20 21 ~ P~'~f, that this has been appxwed in all its detail by ~ the governing body of the Svb~ecipim~t, that the pexsan(B) e~aacaxtirg it are aut2nrized to act an behalf of SUbx+ecipient, and that this Agreement is a 23 24 bi~i~ an Svb~scipient. 22. certification of Assurance. 25 2G Subracipiettt shall oa~ly with the program *Yx~+;*+~*+*II attached ® hereto as Exhibit "G"~, t~icii are inooxporated by reference as ttxx~i fully 27 set forth at lmigth ctrl made a part of this Agreement by ex~aartim of all 28 lab:4433 Rev. 6/11/91 -12- Q 4 1 oertificaticns and ass~uanoes of the c>)6G pxvgram. `1 23. 3 This Agreement aryl any docent ar inetnmsnt attached hereto ar 4 referred to herein integrates all terms and aorditions mer:ticned herein ar 5 incidental hereto, and supetisadas ali negatiatiare and priar writirrq in 6 zespect to the subject matter har+eol. In the event of conflict between the 7 terms, oonciitiais ar provisions o! this Agreement, and any c~xti document ar 8 inett~st, the farms and ocnditia:s of this Agreement shall prevail. 9 2t. IIb Third Pasiv Beneficiaries. 10 - No thud party chap be deemed to haw any riots hax+e~ader against I1 any of the parties hareta as a result of this Agreement. 12 //// 13 //// ® 14 //// 15 //// 16 //// 17 //// 18 //// 19 //// 20 //// 21 //// ~ //// ~ //// 24 //// ~ //// 2E //// © 27 //// 28 lab:4433 Iffiv. 6/1],/91 -13- ~''"'" Q ' ~ ~nc~ ~ 1491/1 ~, ,trti8 ~ ~ - 1 2 fig' ~ ,,,,c3.~?. ~ f~ ~ s A 5 ~~x FK~ CitSt e7O 6 ~ ~ a~ s 9 g'1: ~ 10 ~ ~ f~, ash '11 l~~ -o~cbe~'t's g'1: sect~et'''tiY 12 A.ttp3~c~Y 13 /?^~ 14 ~ `J i~ 16 ~7 ~8 19 20 21 24 2~ 27 ?.8 ~ , 2 91991 ® ATTACHt4ENT A !Y 199i/1f92 SCOPE OF SERVICES S w TEAL J1K>@Tr RDQOP~TP9t { 20.000 Propdaal ~Dt Dab 11aov~d: 7?new.r all gwetioas VhioL ors applioabls to poor project as epaoiriaallp as possible and atboh tbs s+sq?sirad doassaotaticn. I. cameral zf?rormation Name O! organization: PROJECT HOME RUN - : 0 ive St. Colton Z Gods: _ _ Glotsbct Peraan•. BiT~F.uh _ Title: Executive rector Federal on tiumbar oaapozation):33-0371872 (California Coip ~ 164757$) t II. Proieat Deaariotien lChsok 1lnoli~bls Catecor~f Real Property Acquisition K Public Sas:vioes _ ~ ital~Eq Aoquisitian _ Atatioryp~ear` Q _ Public lacilitiss (Constxuctia>) _ Otlsex~ (ir d>.c~c, e>N pLin in ~ balosr) Othsr: a) Name or Projects PROJECT HOME RUN s [dthin the boundaries of the 1st and 3rd Coun 1 n W d Cersaus Tract s) ac @+at:(a)s o s oc Daley T t~r~~ S~g~t of N; V rnon o n ou o 3rd. ~s~ca3c~Pr+iae~~ylg`{'lb:~+: a~rl ~ logical a- hiatorieal .icy?ilicarsoe or flee strucdae, sits ar area within ot>a-hair c7,/2) sail. trc~ pvoject sits? I! eo, eYplain:. No b) Provide a detailed description or the p¢vposad prcjoct by ~'~~J PAY rEsat is to be acoampSie~ssd with the Saids. (Attads additional ~seab, i! lseoaseaty) : We wi 11 be ab a to provide 7 low income families with home ownership 0 ortunit~-'I' esFi e~ami eTi s wou nTd' of ua13~ to urchase a home w t out counse n an ass stance on t e var ous programs t at are oval a e to st t me ome u ers. ost o_ ese am es o not ua _ to urc ass a ome t rou conventional met o s, an at present ive n con bons t at ma a .ealthy Family life difficult. SIIHIBIT „A" rneo pAOao®tt, arrtac~?rresr ~ -~t Q ATTACHMENT B Q O. $'4P4SO4 proiaot Hudaet rT+imee ~1_~pDlicable Items ~v1 a) t~~~t~r~rt~ Salaries and FYirr?e Benefits: $ 14, 600 Supplies: $ -Tz,'p~- Professional Sarvioas: _ TtaNe],/Oc~fe:+snoes/Saninats: Utilities: $ ~66-- C+flice Equipomit: $ Otheri RENT _ nFFT(:F. $ Ti , II~- c) Elrgir>aeririq ard+vid Dssicyi $ d) Ierd lloquisitian $ _ 71c:tivitSes $ f) Rehabil tatian ]ltivities $ 4) $ sbtal rrojeot aosc: $ 20 , o00 ~, ~9~'~9 ~d ~~, lard acquisition and rehabilitation activities Qtly.) © ?.'stlmatcr's tiros far Bads ~ akhar souzoes to h) I laplermt this activity. I! other !tads bava beers app¢wd, attadr svi~dencs Of cammiteertt. Boia~oe o! limes ! Catholic Charities $ 3,200 At present t. ernar nes osp =3~i p~resenf- i) teas this ptvJect px+sviauslY !laded etif~ CaBG !tads? Yas x lio I! YP3, irditats ilia year(s) in adtidr CCBG !lads we:+a reoaivad and the gLankirtg arrtitys 1989-1990 513.291 j) If you have ri~rer received CZ~G !larding, pewlAa svidearos of arty add if~ri~asary) =edsrally !laded ptogra®s (uss ffiBIT °B^ Q Q p for i. Bta~D1 Information for Subrecioiant As a suooessful applicant of the City of San Barnardim FY 1991/1992 ovmiaa:ity Development Block Grant (COBG) Program, ycu are scot only agreeing to provide the services as stated in yasr application, but also to abide by the CDBG Program raqufresoerhs and responsibilities. Rb further assist yw in understardirg said ~ and zpspa~sibili- ties, the following s~mmarias and attaclnnenta have been prept~r+ed to intrnduos to ar update you m eac3i item. Additionally, this instructional paclmge will yam' 9 ~Y official to read an! sign his/her signature es part of the tTSG 2. MoTthly Request for ReimbuTSenent Desdline: Due the fifth (5th? day otter end of each calendar saoaith unless otherwise stated in the CaB(i agreement. ~ © Include the follcwir:g: a) One (1) oaq~leted Request far ~t farm. b) One (1) Dopy of ~ c3iecks issued that are being raimbuYSed. c) One (1) copy of ~3, bills/receipts that auppo2t check(s) issued. d) Cne (1) Dopy of ~], payroll c3~eck(s) that are being rsimbuzsed. e) One (1) Dopy of ~ dsec~c stubs, aooamting ledgers, and/ar other ' doam~entation that reflect gross salary and all deduoticna far ench check(s) issued. f) One (1) page nazrative desaribing activities tadertaken during the snos~tYs included far reimbuYSmoent. In response to its part of each agreement, the City agrees to pay all irnoioes within thirty (30) days after it receives the invoice provided the City is satisfied all e>~ses have been itrctiuz'ed within the scope of the es:easted agreement and that the subrecipiasst oorstinues to Damply with the terms and conditions of the COBG agre®ent. (Generally, irsvoices are processed within ten (10) days o! receipt of same.) Rho City reserves the right to defer px+ooessissJ of issvoicea and withhold payments until all ~I~I , statements, and/ar oertificetss have been submitted ® and where necessary, approved. i lab:3025 -1- Calla PRO(diAlt R!lQPB ' ReN.'6/11/91 Fiscal Year 1991/1992 ' IiEHIBI2 °C° o g) All aooaa~ting records atri evirde:na pertaini:g to all costs of each © retain d at~d available f ~(3) years following the letlm of the forded program. h) Each subrecipient agrees to allay the City of San ~+*++A+'*a{*+^" Community Development Depar'taent 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 Cale of F'edetal Regulations. 3. ~aj~l~s/R..°^7rtir4 ReT+;lamerlt9 a~ Reoo_+~/Reoord EeeDirlQ Reauiraaenta id:ile staff realizes that report writing and reoa~~d-lceepirXl are mt the most desirable aspects of any progrmn, it is me vehicle that pmovides a measure o! program progress amd aooomplishmants. Thus, all sutttecipients ~x ~ Devaloprerrt Depart~nmyt~ wi~~tten reports to2f:e qty of activities on ar befors the tenth (10th) day of October, January, April and July of any given ptrograrn year far'the previous three (3) month period in addition to a final report vh~? the agreeooent tsrminatea. All reports shall include infaaaiatim an program activities, aocaq~listm?ents, new program information and axrrent program statistics ca n:panditures, case loads atd activities of the reporting period. Each subzecipient is also z+equired to maintain monthly records of all etlu:ic and racial statistics of persar~s and families assisted by its i ~ program(s). This monthly record shall include data an the number of lea and moderate inoane parsons and households assisted, (as determined by federal moose limits), number o! fe®ale-faded hwspholds, and n~ber of senior citizens assisted. As mentioned earlier, each subrecipient ie required 'to keep ail acoaa~tirrg records and evidence pertaining to all oasts !or three (3) years following oaaQletias of the faded program. 4. ouarterlY~lP~~ Deedliaee: October 10 -for period owtziag July i, to 8epteober 30, of >?r'o9r~ pNr• Jam~ary 10 - for period oowring October 1, to Dedmber 31, of ps+ogsem pear. for period covering January 1, to March 31, of July 10 -for period aowring 71pri1 i to June 30, of program Y'~• Include the follaai»g: a) ~ (1) ooagletsd Activity Report (farm number' sot). b) One (1) orated Direct Benefit Rep02t (farm n:miber 045(a). lab:3025 -2- CDBG PAOORAM RHQUIR@~NPB Rev., :6/11/91 Fisasl Year 1991/1992 o c) One (1) «aQieted oorrtzact and Svboatitract Activity Report dorm cry 2506-006). (For constructiel projects only.) ® It is the zsspa:eibility of the subrecipier:t to prepare azxl sulaait the required reports by the above stated deadlines in order to keep City staff informed of arty to the funded pmogram(s)• - 5. Program Monitorino One of the City's responsibilities is to monitor eac3i subrecipient at least once a year. Nat mly are the monitaring visits iritendsd to ensure each agency's oontirn:ad aaq~lianoe with CDBG zgquirmaents, but also serve as an oppart~mlty !or City staff to become mare knowledgeable of each tago~Ypmovide ~)tian to atherarCi~ty stall, Mayor and Common ~il~ and other interested parsers. Listed below is typical infarmatim City staff will be seeking, observations that might be made, and items we may wish to review: a) ~e aooo~lishment(s) of the program(s) to date. b) id~ether ar not program objectives are being met. c) 'il~at the intsrded client grwp is being served. d) The number of people an staff. e) '1Y~e existence and mnintenarne o! client files. f) Assistance City staff can provide. ~ ~ In addition to monitoritg eadi agency ante a year, the City of San Bernardino Development Department reserves the right to have its internal auditor cxxd?xst an Duarte audit of the program as part of the its anta:al audit of all CDBG ftur]s pursuant to Federal Regulations. Althotx~ the terms '9monitoring" and "audit" may appear somewhat formidable, please be assured that your agency will be notified in advance o! any request far a monitoring visit. Also, planes be advised that repreeerrtativea from HUD monitar the CDBG pmogtam every year During HUD visit(s), they may wish to monitar one (1) ar mores at the City's subrecipients. If yaut agency should be selected, you will be notified in advance in ottder' to nrtarx7e a mutually oonuenient time. 6. Proq~eud?et Another required element of yam CDBG agre®ment with the City is the program budget. Please submit an updated line rtes budget reflectitfg your approved COBG allocation. Also, include a Dopy o! your overali program budget with a summary of your furling saums(s) and the fatal agency budget. The COBG portion of your fatal program ar agerxy budget should be identifiable. In past years, several agencies have raised questions regarding minor budget modifiaatims ar adjustasnts. Staf! realizes that the approved budget may require minor adjustments oaring the life of the program an3 ® s that you discuss pa~opcsed dmnges with Davelapmerrt Departmmzt lab:3025 ^3- CDHfi PAOOR7IM RBQQIRBffi1P8 Rev.'6J11/91 Fise~l Year 1993,/1992 a o lyain, please be reminded that capital ar non-expendable equipnea~t is trot ® to be putrt~asad with CDBG i'~uds. It you need to acquire such equipment, glease discuss it with Development Department staff. 7, a,rel.....,f ~nrsenal ~ree,s,-Ev er Hsu;++tint rRsad SeCtioa a13n of the CflBO All tangible persa~al property havim~ a useful life of more than case (1) year and an acquisition cost of three hanYlred dollars (S300.00) or mime per unit shall be subject to the requir+emetrta of the Property Manage~oent Standartits specified in 24 CFR, Part 85.32, "Common ILale". 8. $+ a) All equipnent and propart~r purctased in aaoon9ame with the above standards shall be identified as "Federal Property~91D", (include your internal Identificatim laaaber~) . Identification may be ad~ieved _ ~Lt inn property Identifi~yNumber being y affixed. b) Maintain a separate record of all studs equipment and pr~apexty. Infarmatian shall include: Name/Descs'ipticn -Serial l~hmiber -identification Nutober -Date Aurhased -Rmd~ase Price -Oaaxiitian (i.e., awcellent/gr~o~ltaixyPoor) -+~~aracteriskica (i,a., colas-/features, etc.) -Physical Iccatiai (i.e., address/offioe/rocm, etc.) c) St>tooit an inventory listing to the City of San Bernardino Development ~ Depnrtmment soda year endira J1mne 30. Said listing is to be submitted by July 10 following the end of the year. 7ha list should include all the intarmntian listed ucYler item "b" above. $) A zequest must be ¦utmittsd to the City of San Bernardim Development Depar'tomemmt tar any approved ptnti3tases that are not in the originally aq:pruved budget (see agr+ewaetmt) . written authorizatim ~~g obtained fYvm the Devele~opas~nt Depnrdment by subrbcipient prior to the purchase of any ui ,whether ar mt said equipmmnt was included in the agency's origirrnl budget. e) It is the respa>sibility of the subrecipient to *'*;*~t~+{++ and z+epair all property and aquipatemmt puridmased with CDBG funds. It is also the responsibility of the subr+ecipient to identify all ptuY3mased equipment and p2~aperty with tags ar a:giavi~, and to supply same. 9. atmd 7ludit Doat>maaststiaR ~]e City of San Bernardino Development Depattaemmt requires soda Y to observe and oaq~ly with all aocamrmting rules and audit procedures as sat lab:3025 -4- 0080 Pl81d~1M RBQQt~TPS IaeV. 6/11/91 Biaoal Year 199/1992 0 0 forth in the C~BG agreempsrt. Zt~e following is a brief description of the most pxaminatst requix'eaaents: © a) As a participant in the City of San eerr~dino COBG Program, each subrecipient agrees to keep all funds received from the City ttg fran any other au~rUes of fording. , b) Each subrecipient also agrees to keep reooxds of all Rinds received fYOm the City of San Bernardino in aocozdanoe with the pmoedurns set forth in tha "Agxreanent A~oootmting and Administrative HarzII~ook". A copy of the Handbook is attac3red. 10. Cartifiaation and l?ssurenoa Attac3~ed is a Dopy of the Certification and Assurance farm to be pre~pnted and signed by the designated c~overnirrg official(s) of the subrecipient be ~.part~of g~~ be to the CMG agx+ae~oent atri shall i lab:3025 -5- CDBG PR~tA![ T1B Rev. 6/11/91 Fiscal Year 1991/1992 o ® ~~~, ~bsitirsaation and As.nranor~ cso i+coompaay coea Agram~t) ~, (Name atxi Title of Off ) of the (Name of Agency) a ) located at do hereby males the tollewing oertificxtian and assurance to aooa~nny the Ocmnaiity Developmnt ffiock Grant Agreement between (name of )and the ty of San a) oertifp that the infarmaticn booklet tar rn®G Pscgraan z+equiraD?ents has been read and laiderstaod; and b) Assure that the (2famoe of Agency) will ooagly with all as pulated herewith in the performance of the CDBG Agza~oerrt. 1 Dated: (S tut+e of Off ) ~ Dated: Development Department va lab:3025 Rev. 6/11/91 lab:3025 -6- CDBfi Ai0(AtAM RSQD~TPB Rev. 6/11/91 >risoal Year 199],/1992