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HomeMy WebLinkAboutR04-Economic Development Agency .".~,"",,,,,,,-,~_.,~ o o 0' .4 III o o DBVBLOPIIBIIT DBPARTIIBIIT OF TIlE CITY OF SAIl BBRIIARDIIIO BOOBST FOR ClRIISSIOII/COUIICIL ACTIOII From: KENNETH J. HENDERSON Executive Director Subject: FY 1991/1992 CDBG AliKUI'W!Ir VITH PRO- JECT BOllE RUII, IIIC. Date: October 30, 1991 ------------------------------------------------------------------------------- Svnovsis of Previous r.~ission/Council/CftMMittee Action(s): On May 20, 1991, the Mayor and Common Council conducted the FY 1991/1992 CDBG Public Hearing and awarded Community Development Block Grant funds to certain public service, capital improvement and fair housing projects. On July I, 1991, the Mayor and Common Council adopted Resolution No. 91-292 which authorized and directed the execution of a Community Development Block Grant Funding Agreement between the City of San Bernardino and Project Home Run, Inc.; however, the agreement was not executed prior to August 30, 1991 and subsequently determined to be null and void by the City Clerk's Office. ------------------------------------------------------------------------------- Recomm~ded lIotion(s): (Mavor .nd CftMMftn Council) MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PROJECT HOME RUN, INC. AND REPEALING RESOLUTION NUMBER 91-292. A~~ator ~RSOII Ezecutive Director ------------------------------------------------------------------------------- Contact Person(s): Ken Henderson/Doris Daniels Phone: 5081 Project Area(s): All Proiect Areas Ward(s): 1 throull:h 7 Supporting Data Attached: Staff Revort: Resolution: CDBG AlI:reement FUNDING REQUIREMENTS: Amount: 120.000.00 Source: FY 91/92 CDBG LOC Budget Authority: ------------------------------------------------------------------------------- Commission/Council lIotes: ------------------------------------------------------------------------------- KJH:DAD:lab:0254E COIMISSIOII IIBBTIIIG AGENDA lIeeting Date: 11/04/1991 Agenda Itelllllaber: L o o o o o DBVBLOPI'IBIIT DBPARTI'IBIIT OF TIlE CITY OF SAlI BnlWUlIIIO STAFF REPORT Pro1ect BaBe Run ~ ARreement On February 11, 1991, the Mayor and Common Council approved and adopted the FY 1991/1992 CDBG Program Mix and authorized staff to solicit proposals for same. On May 20, 1991, the Mayor and Common COlDlcil conducted the FY 1991/1992 CDBG Public Hearing and awarded CommlDlity Development Block Grant flDlds to certain public service, capital improvement and fair housing projects. At that time, the Mayor and Common COlDlcil reviewed recommendations submitted by the CommlDlity Development Department Citizen Advisory Committee and approved same for CDBG flDlding assistance for Fiscal Year 1991/1992. On July 1, 1991, the Mayor and Common Council adopted Resolution No. 91-292 which authorized and directed the execution of a CommlDlity Development Block Grant Funding Agreement between the City of San Bernardino and Project Home RlDl, Inc. The Agreement was not fully executed within the sixty (60) day deadline and was automatically rescinded on August 30, 1991. The attached Agreement between the City and Project Home RlDl, Inc., includes a "scope of services" and "program budget", referred to in the Agreement as Exhibits "A" and "B", respectively. Adoption of the attached Resolution by the Mayor and Common COlDlcil authorizes and directs the Mayor to execute the Agreement as described herein. This agreement was previously approved by the Mayor and Common COlDlcil. The subrecipient, however, failed to execute the necessary document within the required sixty (60) day timeframe, necessitating resubmission of this item to the Mayor and Common COlDlcil. Based upon the foregoing, staff recommends adoption of the attached Resolution. Oil, Executive Director taent KJH:DAD:lab:0254E COIMISSIOII IIBBTIIIG AGBIIDA l'Ieeting Date: 11/04/1991 Agenda Item lIuIIIber: d o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o 0" o o RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PROJECT HOME RUN, INC., AND REPEALING RESOLUTION NO. 91-292. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of the City, an agreement for the Community Development Block Grant funding with PROJECT HOME RUN, INC., which agreement is attached hereto as Exhibit "1", and is incorporated herein by reference as though fully set forth at length. The agreement provides for the granting of Community Development Block Grant funds in the following amount of $20,000.00. SECTION 2. The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this Resolution. SECTION 3. Resolution No. 91-292 is hereby repealed. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the / / / / / / / / / / / / / / / / / / / / / / / / DAB/dya/homerun.reB 1 October 25. 1991 o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o o RESOLUTION . . . AUTHORIZING AND DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND PROJECT HOME RUN, INC., AND REPEALING RESOLUTION NO. 91-292. day of , 1991, by the fOllowing vote, to wit: Council Members: AYES NAYS ABSTAIN ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk The foregoing resolution is hereby approved this of , 1991. W. R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney B~~) DAB/dys/hOllerun.re8 2 ABSENT day October 25. 1991 o o o. II Ii 'I I I I 2. 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o IdiIIIHIJ:I THIS AGREEMENT is entered into effective as of this ____ day of , 1991, at San Bernardino, California, between the CITY or SAN BERNARDINO, a municipal corporation, referred to as "City", and PROJECT HOME RUN. INC.. a non~rofit community service orqanization, referred to as "Subrecipient". City and Subrecipient aqree as follows: 1. Recitals. (a) Subrecipient has reguested financial assistance from City for fiscal year 1991/1992 from funds available throuqh the Community Development Block Grant proqram from the United States of America to City. (b) Subrecipient represents that the expenditures authorized by this Agreement are for the nrovisioD of assistance to Beven (7) low income families to obtain financina and enable them to Durchase homes as first time buyers throuah conna.lino and financial manaaement resources, wbicb are valid and eliqible community development purposes, as defined in CrR Part 570 in accordance with federal law and regulations, and that all funds qranted under this Aqreement will be used for no purpose other than those purposes specifically authorized. The specific purposes and scope of services of this particular qrant are set forth in Ezhibit "A". attached hereto and incorporated into this Aqreement as thouqh fully set forth herein. (c) Subrecipient will comply with applicable uniform administrative requirements, as described in 24 CrR, Part 570.502. (d) Subrecipient will carry out each activity, proqram and/or project in compliance with all federal laws and regulations as set forth in 24 crR, Part 570, with the followinq exceptions, (i) the Sub recipient does not assume the environmental responsibilities of the Grantee as described in 24 -1- o II II il :, I 1 2 3 4 5 6 i 8 9 10 11 12 13 14 15 16 Ii 18 19 20 21 22 23 24 25 26 27 28' o o. o --.....- o CFR. Part 570.604. and; (ii) the Subrecipient does not assume the Grantee's responsibilities for initiating the review process under ezecutive Order Number 12372. (e) Subrecipient will comply with the requirements set forth in the Uniform Relocation Assistance and Raal Property Acquisition Policy Act of 1970. as amended. (ORA). 49 CFR. Part 24 in accordance with federal regulations when attempting to or acquiring any building or parcel of land. Subrecipient will be required to obtain written approval from the Ezecutive Director of the Devalopment Department prior to any activity taking place within the confines of ORA 49 eFR. Part 24. as amended. 2. Pa....nt.. City shall reimburse Subrecipient for allowable costs incurred under the scope of this Agreement and applicable Federal regulations. which have not been paid for or reimbursed in any other manner by any other Agency or private source of funding. Reimbursement will be made at least on a monthly basis. with the total of all such reimbursements not to ezceed 120.000.00. 3. :r.m.. This Agreement shall commence July 1. 1991. and terminate June 30. 1992. <I. Us. of ............: Iln&wat: Travel Lf.ltatioD. (a) The funds paid to Sub recipient shall be used by it solely for the purposes set forth in Paragraph lIb) of this Agreement. and in accordance with the program budget submitted by Subrecipient to the City of San Bernardino Community Development Department. a copy of which is attached to this Agreement as Ezhibit "B". This budget shall list all sources of funding for the program covered by this Agreement. whether from State. Federal. local or private sources. and shall identify which sources are paying for which specific portions of the program. by line-item. to the eztent practicable. .1 -2- o o o II I o o I 2 3 4 5 6 (b) No travel expenses for out-of-state travel shall be included in this program unless specifically listed in the budget as submitted and approved. and all travel expenses to be funded from funds provided hereunder shall be specifically identified as travel expense. which shall be negotiated between the City of San Bernardino Development Department and Subrecipient in the budget. Any travel expenses incurred by Subrecipient above the budgeted i amount or for out-of-state travel shall not be eligible for reimbursement 8 unless the prior written approval of the Ezecutive Director of Development 9 Department of the City of San Bernardino. or designee. has been obtained. 10 (c) Funds shall be used for purposes authorized by the Community 11 Development Block Grant Program only. and no portion of the funds granted 12 hereby shall be used for any purpose not specifically authorized by this 13 Agreement. 14 (d) Only net payroll shall be periodically reimbursed by City as an 15 allowable cost. Any amounts withheld by Subrecipient from an employee's pay 16 for tazes. social security. or other withholding and not immediately paid over Ii to another entity. shall not be included as wages or expenses eligible for 18 reimbursement as an allowable cost until such time as the withheld tazes. 20 entity entitled to such payment. Upon such payment and the submission of 19 social security. or other withholdings are actually paid over to another 21 evidence of such payment to the City of San Bernardino Development Department. 22 such expenses shall be regarded as an allowable cost. and the City shall 23 reimburse Sub recipient for such obligation. 24 25 approval of the Development Department of the City of San Bernardino. to make (e) Subrecipient shall be allowed. with with the prior written 26 changes to the budget during the first three (3) quarters of the fiscal year. 2i so long as Subrecipient is in compliance with Section "2" of this Agreement at 28 the time of submission of the budget modification request. A variation in the -3- o o o II II , , o o itemization of costs. as set forth in the proposed budget submitted to City, 2 3 4! 5 6 not to exceed ten percent (10') as to any particular line item. shall be allowed. provided that the prior written approval of the Bzecutive Director of the Development Department of the City of San Bernardino is obtained. it being understood that the total amount of the grant shall not be varied thereby. (f) The parties intend that grant funds be utilized within the time i period covered by this Agreement. and entitlement to any funds not expended or 8 obligated shall revert to the City. No reserve for the future shall be 9 10 II 12 13 14 established with the funds except as may be authorized to meet commitments made for services provided during the period of this Agreement. but not yet paid for at the conclusion of this Agreement. g) Subrecipient shall remain in compliance with all state. federal and local laws prior to the recipient of any reimbursement hereunder. This includes. but is not limited to. all laws and regulations relative to the form 15 of organization. local business licenses and any laws and regulations specific 16 to the business and activity carried out by Subrecipient. Reimbursement shall 1 i not be made to Subrec!pient which is not operating in compliance with all 18 applicable laws. Reimbursements may be subseguently paid. at the discretion 19 of the Executive Director of the Development Department for reimbursement 20 costs incurred during the period when compliance is achieved before expiration 21 of this Agreement. 22 23 5. Ac:!c::!ount:J.IlD: &.n"t t. (a) Prior to the final payment under this Agreement. and at such 24 other times as may be requested by the Bzecutive Director of the Development 25 Department of the City of San Bernardino. Subrecipient shall submit to the 26 Director an accounting of the proposed and actual expenditures of all revenues 27 from whatever source accruing to the organization for the fiscal year ending 28 June 3D, 1992. -4- o o o. ii II II , I ] 2 3 4 5 6 i 8 9 ]0 ]] ]2 ]3 ]4 ]5 Hi li 18 ]9 20 21 22 23 24 25 26 27 28 o o (b) Financial records shall be maintained by Sub recipient in accordance with Gener~lly Accepted Accounting Principles, and in a manner which permits City to trace the ezpenditures of funds to source documentation. All books and records of Sub recipient are to be kept open for inspection at any time during the business day by the City, its officers or agents, and by any representative of the United States of America authorized to audit Community Development Block Grant programs. (c) Standards for financial management systems and financial reporting requirements established by 24 cra, Parts 85.20 and 85.22 shall be fully complied with by Subrecipient. Sub recipient acknowledges thst the funds provided are federal funds. (d) Subrecipient's financial management system shall provide for accurate, current and complete disclosure of the financial results of each program sponsored by this Agreement. It is the responsibility of Subrecipient to adequately safeguard all assets of the program, and Subrecipient shall assure that they are used solely for authorized purposes. 6. Servie.. Available b>> R.side.at NDnitoriDa aft" RADort:.iDa Proaram Perfo"."'c::e. The services of Subrecipient shall be made available to residents and inhabitants of the City of San Bernardino unless otherwise noted in Exhibit "A", No person shall be de~ied service because of race, color, national origin, creed, sex, marital status, or physical handicap. Subrecipient shall comply with Affirmative Action guidelines in its employment practices. Subrecipient shall also monitor the program's activities and submit written reports quarterly, or more often if requested, to the Executive Director of the Development Department of the City of San Bernardino, in accordance with 24 CFR, Part 85.4l(c)(d) and Part 85.21. Failure to provide such quarterly performance reports may prevent the processing by the City of Subrecipient's -5- o o o II o o 1 requests for reimbursement, and may justify temporary withholding as provided 2 for in Paragraph "11" hereof. City reserves the right to waive such breach, 3 without prejudice to any other of its rights hereunder, upon a finding by the 4 Executive Director of the Development Department that such failure was due to 5 extraordinary circumstances and that such breach has been timely cured without 6 prejudice to the City. 7 7. Procur snt Practices, Conflict of Interest. 8 Subrecipient shall comply with procurement procedures and guidelines 9 established by Z4 CFR, Part 85.36(d)(1), Subrecipient "Procurement Standard". 10 In addition to the specific requirements of Z4 CFR, Part 85, Subrecipient 11 shall maintain a code or standards of conduct which shall govern the 12 performance of its officers, employees or agents in contracting with and 13 expending the federal grant funds made available to Subrecipient under this 14 Agreement. Subrecipient's officers, employees or agents shall neither solicit 15 nor accept gratuities, favors, or anything of monetary value from contractors 16 or potential contractors. To the extent permissible by state law, rules, and 17 regulations, the standards by either the Subrecipient's officers, employees or 18 agents, or by contractors or their agents. Subrecipient shall provide a copy 19 of the code or standards adopted to City forthwith. All procurement 20 transactions without regard to dollar value shall be conducted in a manner so 21 as to provide maximum open and free competition. The Subrecipient shall be 22 alert to organizational conflicts of interest or non-competitive practices 23 among contractors which may restrict or eliminate competition or otherwise 24 restrain trade. Subrecipient agrees to adhere to conflict of interest 25 provisions setforth in Z4 CFR Section 570.611 and to the procurement rules 26 specified in Z4 CFR, Part 85.36, in its expenditures of all funds received 27 under this Agreement. 28 -6- o o 0-- Ii II ,I 'I o o 8. Anti-kick -."'k PravisioDB: Itnu., BaDlov.ent OImort:.D.Ilit:.v. 2 All contracts for construction or repair using funds provided under 3 this Agreement shall include a provision for compliance with the Copeland 41 "Anti-ltick Back" Act (18.U.S.C. 874) as supplemented in Department of Labor 5 Regulations (29 CrR, Part 3). This Act provides that each contractor or 6 sub-grantee shall be prohibited from inducing, by any means, any person 7 employed in the construction, completion or repair of public work, to give up 8 any part of the compensation to which he/she is otherwise entitled. 9 Subrecipient shall report all suspected or reported violations to City. All 10 contracts in ezcess of '10,000.00 entered into by Subrecipient using funds 11 provided under this Agreement shall contain a provision requiring compliance 12 with Equal Employment Opportunity provisions established by Ezecutive Order 13 Number 11246, as amended. 14 9. Pr.vailillCl' "aatt Ihtau.lr- nt:.. 15 Any Construction contracts awarded by Subrecipient using funds 16 provided under this Agreement in ezcess of '2,000.00 shall include a provision 17 for compliance with the Davis-Bacon Act (40 U.S.C. 276(a) to 276(a)(7)) and as 18 supplemented by Department of Labor Regulations (29 CrR). Under this Act, 19 contractors shall be required to pay wages to laborers and mechanics at a rate 20 not less than the minimum wages specified in a wage determination made by the 21 Secretary of Labor. In addition , contractors shall be required to pay wages 22 not less often than onCe a week. Subrecipient shall place a copy of the 23 current prevailing wage determination issued by the Department of Labor in 24 each solicitation and the award of a contract shall be conditioned upon the 25 acceptance of the wage determination. Subrecipient shall report all suspected 26 or reported violations to City. 27 28 10. ADoroval of Cit" of ~" rh.rae.: Use of PrOGram IlleOllle. (a) City hereby requires 'Subrecipient to notify the City, in -7- II o o o II II 'I I , -~ o o 1 writing, of its intent to charge a fee for any service, the provision of which 2 is assisted pursuant to this Agreement. City requires Subrecipient to obtain 3 the prior written approval of City for any charges or fees to be charges by 4 Subrecipient for such services, and of any rules and regulations governing the 5 provision of services hereunder. 6 (b) Program income represents gross income received by the i Subrecipient directly generated from the use of funds provided hereunder. 8 Such earnings include interest earned on advances and may include, but will 9 not be limited to, income from service fees, sale of commodities, usage and 10 rental fees for real or personal property using the funds provided by this 11 Agreement. As to such income, it shall be first applied to program 12 activities, before reguests for reimbursement and, in the use, shall be 13 subject to all applicable provisions of this Agreement. Income not so applied 14 shall be remitted to City. Subrecipient shall remit all unspent program 15 income to the City within thirty (30) days subsequent to the end of the 16 program year (June 30, 1992). 17 11. ~emDDrarv .i~hhftl41Da. 18 The Executive Director of the Development Department of the City of 19 San Bernardino is authorized to temporarily withhold the payment of funds to 20 Subrecipient when the Director determines that any viOlation of this Agreement 21 has occurred. Funds shall be withheld until the violation is corrected to the 22 satisfaction of the Executive Director. Subrecipient shall have the right to 23 appeal the decision of the Executive Director to the Mayor and Common 24 Council. The sole grounds for such appeal shall be that no violation of the 25 Agreement has occurred. Sub recipient shall file such appeal within fifteen 26 (15) days after such first withhOlding. The Mayor and common Council shall 27 set a date for the hearing of such appeal which is within thirty (30) days 28 following the date of filing. -8- o o 0' 10 II " , o o ] 12. Records Retention. 2 Financial records, supportinq documents, statistical records, and all 3 other records pertaininq to the use of the funds provided under this Aqreement 4 shall be retained by Subrecipient for a period of three (3) years, at a 5 minimum, and in the event of litiqation, claim or audit, the records shall be 6 retained until all litiqation, claims and audit findinqs involvinq the 7 records. have been fully resolved. Records for non-ezpendable property 8 acquired with federal funds provided under this Aqreement shall be retained 9 for three (3) years after the final disposition of such property. 13. PrGDArt.. ~........ at St:............... ]1 Non-ezpendable personal property, for the purpose of this Aqreement, is 12 defined as tanqible personal property, purchased in whole or in part with 13 federal funds, which has useful life of more than one (1) year and an 14 acquisition cost of one-thousand dollars ($1,000.00) or more per unit. Real 15 property means land. includinq land improvements. structures and appurtenances 16 thereto, ezcludinq movable machinery and equipment. Non-ezpendable personal 17 property and real property purchased with or improved by funds provided under 18 this Aqreement shall be subject to the property manaqement standards set forth 19 in 24 CFR, Part 85.32. 20 14. Teraination for Cause. 21 (a) City reserves the riqht to terminate this Aqreement in 22 accordance with 24 CFR, Part 85.43, and any and all qrants and future payments 23 under this Aqreement, in whole or in part, at any time before the date of 24 completion of this Aqreement whenever City determines that the Subrecipient 25 has materially failed to comply with the terms and conditions of this 26 Aqreement. In the event seeks to terminate this Aqreement for cause, City 27 shall promptly notify the Subrecipient in writinq of the proposed termination 28 and the reasons therefore. toqether with the proposed effective date. -9- ""'""'.~ , o o o II 11 II I 11 I 21 o o Subrecipient shall be given an opportunity to appear before the Mayor and Common Council are to consider such recommended termination, and shall be 3 given a reasonable opportunity to show cause why, if any ezists, the Agreement 4 should not be terminated for cause. Upon determination by the Mayor and 5 6 Common Council that the contract should be terminated for cause, notice thereof, including reasons for the determination, shall promptly be mailed to 7 the Subrecipient, together with information as to the effective date of the 8 termination. Such notice may be given orally at that hearing. The 9 determination of the Mayor and common Council as to cause shall be final. 10 (b) In the event of any termination whether for cause or for 11 convenience, Subrecipient shall forthwith provide to the Development 12 Department to establish a full record of all monies received by Subrecipient 13 and to document the uses of same. 14 15. Tend_tioll for COllvelliellce. 15 City or Subrecipient may termillate this Agreement in whole or in part 16 provided both parties agree that the continuation of the project would not 17 produce beneficial results commensurate with further ezpenditure of funds. In .18 such event, the parties shall agree upon the termination conditions, including 19 the effective date and, in the case of partial terminations, the portion to be 20 terminated. The Subrecipient shall not incur new obligations for the 21 terminated portion after the effective date and shall cancel as many 22 outstanding obligations as possible. City shall allow Subrecipient full 23 credit for the City's share of the non-cancellable obligations properly 24 incurred by the Subrecipient prior to termination. 25 16. Reversioll of Assets. 26 27 Subrecipient shall transfer to the City any and all CDBG funds not used at the Subrecipient agrees that upon ezpiration of this Agreement, the 28 time of ezpiration and any accounts receivable attributable to the use of CDBG -10- I! II II 'i 0 I 2 3 4 5 6 7 o 0" o o funds. Subrecipient aqrees that any real property under its control, which was acquired or improved, in whole or in part, with CDBG funds in excess of $500.00 shall either, (i) be used to meet one (1) of the three (3) national objectives as set forth in 24 CrR, Part 570.208 until five (5) years after expiration of the Agreement or such period of time as determined appropriate by the City, or; (ii) is disposed of in a manner which results in the City beinq reimbursed in the amount of the current fair market value of the 81 9 property less any portion thereof attributable to expenditure of, or improvement to, the property by Subrecipient. Such reimbursement is not 10 required after the period of time specified in "i" above. 11 17. Bold lIA....l.SS. 12 Subrecipient aqrees to indemnify, save and hold harml.ss the City and 13 the Development Department and their employees and aqents from all liabilities 14 and charqes, .xpenses (includinq counsel fees), suits or losses however 15 occurrinq, or damaqes, arisinq or qrowinq out of the use of or receipt of 16 funds paid under this Agreement and all operations under this Agreement. 17 Payments under this Agreement are made with the understandinq that the City 18 and the Development Department are not involved in the performance of services 19 or other activities of the Subrecipient. Subrecipient and its employees and 20 aqent are independent contractors and not employees or aqents of City and the 21 Development Department. 22 18. "'-"-ut. 23 This aqreement may be amended or modified only by written aqreement 24 siqned by both parties, and failure On the part of either party to enforce any 25 provision of this Agreement shall not be construed as a waiver of the riqht to 26 Compel enforcement of any provision or provisions. 27 19. Aasicmment. 2R This Aqreement shall not be assiqned by Subrecipient without the -11- o !I o o 1 2 3 4 5 6 7 8 9 prior written consent of the City. 20. Botices. All notices herein required shall be in writing and delivered in person or sent certified mail, postage prepaid, addressed as follows: As to City: As to Subrecipient: Executive Director Development Department 201 North "E" Street, 3rd Fl. San Bernardino, CA 92401 Bill Run, Executive Director Project Home Run, Inc. 150 East Olive Street Colton, CA 92324 21. Evidence of "'nt-""ritv. 10 Subrecipient shall provide to City evidence in the form of a 11 certified copy of minutes of the governing body of Subrecipient, or other 12 adequate proof, that this Agreement has been approved in all its detail by the 13 governing body of the Subrecipient, that the person(s) executing it are o 14 authorized to act on behalf of Subrecipient, and that this Agreement is a 15 binding obligation on Subrecipient. 10 22. Cer~ifie.~lDD of Aa.ur.R~.. 17 Subrecipient shall comply with the program requirements attached 18 hereto as Exhibit "C", which are incorporated by reference as though fully set 19 forth at length and made a part of this Agreement by execution of all 20 certifications and assurances of the CDBG program. 21 23. Entire ......._,.t. 22 This Agreement and any document or instrument attached hereto or 23 referred to herein integrates all terms and conditions mentioned herein or 24 incidental hereto, and supersedes all negotiations and prior writing in 25 respect to the subject matter hereof. In the event of conflict between the o 26 terms, conditions or provisions of this Agreement, and any such document or 27 instrument, the terms and conditions of this Agreement shall prevail. 21l -12- o o 0' II Ii ,I 'I I ] I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ]7 ]8 19 20 2] 22 23 24 25 26 27 28 o o 2~. .0 Third Party Be_ficiariell. No third party IIhall be deemed to have any rightll hereunder against any of the parties hereto all a result of this Agreement. IN WITNESS WHEREOF. the parties hereto have executed this Agreement on the day and year first hereinabove written. AftBft: CU'Y OF SAIl JlBJlB'ARDIBO BY: CIrY CLERK W.R. HOLCOMB. Mayor City of San Bernardino SllBUCIPImrrs Approved as to form and legal content: BY: President JAMES F. PENMAN. City Attorney ~ BY: Secretary DAD:paw:tnt:OS2~T REV/10-28-9l '-13- o o o - CDlCJ hu~ ~ o.v.l ~ .to ~':t JIIi;tI -1- ~- - - o E X H I BIT "A" ------- - v. p~ .a l'rDieat.~ ItI'I...... ""--".... ~'t...h'. ... 1m'!' a) ~f"f_H_ salar1.-. m11'r1Dile Benefita: . 10,600 SUppli_: . 1,4UO Prof_icnal serviCl8ll: . -u- '1'rIIw1/o::afe:&......-js.dnara: . 5UU utiliu..: . 500 IIIsunnca: . 1 nnn Office wq'fp-1t: . b.OOD othc': 'R~NT _ n1=''FT~~ . 1:1) 0::rlst:zuct:kI . c) ~ m1 ~lgn . d) IanS AorI,f_U:icn . e) ~ Jct.1viu.. . f) taticn Jctiviu.. . 9) othc': . t'otal JIrojeot 0ClR1 . 20,000 (Far cc..L...V+flWt, ~ and .....lgn, land '"'"CI,f-it1cn and nJvo"'fHtat.ic:n -=tiviu.. cnly.) IlEhatan BBtDatar'. 0'" ~ #1clat1clm: h) T~i ~ CJthIlr ftt....f..... ---: JdIntUy cam~A:. ar .,11011- tiaw far fUrdaI frca CIItbE ~ to ~l lL thi8 -=tivity. If CIItbE fUrdaI have been _..Ad, attach ~ of CDBia.tt:. 8c:IlIEaIi of wu..&t WUNIf.... __ IlIIt.II _f ,....,. . 3,200 fJu . ~bU . i) 1fU thi8 project ~y furde4 with am f\ftWl I_X No If YIS, in5icate the ~(.) in taddl am fIlnSII ~ no.iwd- and the gmnt:J.ng tntity: 1989-1990 f'l13. 291 Catholic Charities St. Bernard~nes HOSp At present At: present: j) If pllllll8 Il8IIW receiwd am ~, pnwJde ~ of IUW p:wicq aper1ence with otber fDrally fIme4 ........_ (U8e 1Iddit.lana1 IIbeeta if D"; "IY) I