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HomeMy WebLinkAboutR05-Redevelopment Agency - '- ,t.-") "- - \,.., CI V I LOP III . r DIP A ~JIII . r OF THE CITY OF SAB BERKARDTRO REOUEsr FOR COMMISSION/COUWCIL ACTION From: KENNETH J. HENDERSON Executive Director Subject: FY 1992-1993 CDBG AGREEMENT BETWEEN THE CITY AND LUTHERAN SOCIAL SERVICES OF SOUTHERN CALIFORNIA Date: June 30, 1992 SvnoDsis of Previous Commission/Council/Committee Action(s): On February 17, 1992, the Mayor and Common Council approved and adopted the FY 1992/1993 CDBG Program Mix and authorized staff to solicit proposals for same. On May 18, 1992, the Mayor and Common Council took an action establishing June 1, 1992 at 3:00 p.m., for the date and time certain of the FY 1992/1993 CDBG Public Hearing. On June 1, 1992, the Mayor and Common Council reviewed recommendations submitted by the Community Development Department Citizen Advisory Committee and approved same for CDBG funding assistance for Fiscal Year 1992/1993. Recommended Motion(s): (Mavor and Common Council) 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 LUTHERAN SOCIAL SERVICES OF SOUTHERN CALIFORBIA. '1? Administrator KEIU'JS"~RSON EXecutive Director Contact Person(s): Kenneth Henderson/Art Hassel Phone: 5081 Project Area(s): Ward(s): All Wards All Proiect Areas Supporting Data Attached: Staff ReDort: Resolution: Exhibits FUNDING REQUIREMENTS: Amount: $ 20.000.00 Source: FY 92/93 CDBG LOC Budget Authority: previouslv Established 6/1/1992 Commission/Council Notes: KJH:SWP:AH:dle:5788R COMMISSION MEETING AGENDA Meeting Date: 07/06/1992 Aaenda Item Number: l ()EVILOPMERT DIPA~MIRT OF THE CITY OF SAIl BERNARDINO STAFF REPOR'l' l- ~ Lutheran Social Services of Southern California FY 1992/1993 CDBG ARreement On June 1, 1992, the Mayor and Common Council conducted the FY 1992/1993 CDBG Public Hearing and awarded Community Development Block Grant funds to certain public service, capital improvement and fair housing projects. Agreements are now required to implement said projects. The attached Agreement between the City and Lutheran Social Services of Southern California, includes a "scope of services" and "program budget", referred to in the Agreement as Exhibits "A" and "B", respectively. These Exhibits are incorporated by reference as though fully set forth at length. ') .\"". Adoption of the attached Resolution by the Mayor and Common Council authorizes and directs the Mayor and City Clerk to execute the Agreement as described herein. Per the direction of the Mayor and Common Council at the above referenced Public Hearing, CDBG funds will not be disbursed unless and until minutes from the nonprofit agency's board meetings over the last twelve (12) months and financial statements, preferably audited, have been submitted to the Department. Staff recommends adoption of the attached resolution. KJH:SWP:AH:dle:5788R COMMISSIOR IlEBTIIG AGENDA Meeting Date: 07/06/1992 Agenda It.. lImtber: !:2..-- _!II" '" - "- ("""'\ - I '- - c - .....J 1 2 3 4 USOImIO. IIllIIBD USOLDrIa 01' DB JIlYOR AD COJII). COUJICIL OF DB CITY 01' SAIl BlDARDIBO ~tJTHOUZIIIG AD DIUCTIJR: DB UBCOTIO. 01' ~ eoa.,..lty DBVILOPIIDr BLOCK GRAft I'UlIDIJR: jC..u"WU BBr....... DB CIty OF SAIl R1n!1fAllnIBO AD LUTIIDAlI SOCIAL SDVICIS 01' SOurl15d CALIPOUU 5 BI Ir IBSOLVID BY DB JIlYOR AD COJII). COUJICIL 01' DB CIty OF SAIl R1!IPIIAllntBO !S FOLLOWS: 6 i Section 1. 8 (a) The Mayor of the City of San Bernardino is hereby authorized 9 and directed to ezecute, on behalf of the City, an agreement for 10 Community Development Block Grant funding with Lutheran Social Services 11 of Southern California, which agreement is attached hereto as Exhibit 12 "1", and is incorporated herein by referenced as though fuly set forth 13 at length. The qreement provides for the granting of Community 14 Development Block Grant funds in the following amount of $20.000. 15 Section 2. 16 (a) The Authorizations to ezecute the above referenced agreement 17 is rescinded if the parties to the aareement fail to ezecute it within 18 sixty (60) days of the passqe of this Resolution. 19 /II 20 /II 21 1/1 22 /II 23 /II 24 /I I 25 /II 26 /II 27 /II 28 /II - """ .:. 1 - j - \,.. " '- , ..... 2.& 25 26 2i - \,.. 28 - -...., '- '.J I 2 3 USOLDrIO. OF TIll CITY OF SAJI IlEU.UDIRO DrBORIZDl: TIll azCUTIOIl OF A CDIIG &~ BErloAUI TIll CIrt AIm LlmIERAJI SOCIAL SDVICES OF SOUTHBU CALIlOlIlIU .. I HEREBY CERTIFY that the foreaoing Resolution was duly adopted by 5 the Mayor and Common Council of the City of San Bernardino at 6 a .eeting thereof~ held on I the day of , 1992, by the following 8 vote, to wit: 9 10 11 12 13 14 15 16 COUlICIL MEMBBRS: ma I.UI ABSTATW ABSDT ESTHER ESTRADA JACK REILLY RALPH HERl'IANDEZ MICHAEL MAUDSLIY TOM MINOR VALERII POPI-LUDLAM NORIB MILLER Ii 18 19 20 2] City Clerk The foreaoina resolution i. hereby approved this , 1992. day of 22 W.R. Holcomb, Mayor 23 Approved as to font and leaal content: JAMES r. PENMAlf, City Attorney BY~_J 2468J - 1 - j - .... 8 9 10 It 12 13 14 ,', - ." 15 \", 16 Ii - 18 19 20 2] 22 23 24 25 26 27 28 . ..... '" """"" 1 STATE or CALIFOUU ) COllBTY or SAIl BEi1URDIBO ) ss 2 CITY or Sd BERl'fARDIftO ) - 3 4 5 6 I, City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the foreaoing and attached copy of Mayor and Common Council of the City of San Bernardino Resolution No. is a full, true and correct copy of that now on file in this office. I 1ft WIrRESS WHEREOr, I have hereunto set ~ hand and affixed the official seal of the Mayor and Common Council of the City of San Bernardino this _ day of , 1992. City Clerk City of San Bernardino By: Deputy - 3 - 6 c ~ l. - I",.. " - .-.... ....,I "-' AGR..II..r THIS AGREEMENT is entered into effective as of the 1st dav of Julv 1992, st San Bernardino, California, between the City OF SAN BEiRARDINO, a municipal corporation, referred to as "City", and LUTHERAN SOCIAL SIRVICES OF SOUTHEII CALIFORNIA, a nonprofit community service oraanization, referred to as "Subrecipient". City and SUbrecipient aaree as follows: 1. Recitals. (a) SUbrecipient has requested financial assiltance from City for fiscal year 1992/1993 from funds available through the Community Development Block Grant Program from the United StItes of America to City. (b) Subrecipient represents that the expenditures authorized by this Aareement are for emergency assistance program for clients that are hungry, impoverish, and homeless. Assist clients with basic needs, as part of a case plan, Which are valid and eliaible community development purposes, as defined in CFR Part 570 in accordance with federal law and regUlations, and that all funds granted under this Agreement will be used for no purpose other than those purposes specifically authorized. The specific purpoles and scope of services of this particular grant are set forth in EXhibit "A", attached hereto and incorporated into this Agreement as though fully set forth herein. (c) SUbrecipient will comply with applicable uniform administrative requirements, as described in 24 CFR, Part 570.502. (d) Subrecipient will carry out each activity, program andlor project in compliance with all federal laws and regulations as set forth in 24 -1- 6 ,..-, ~ C) "- - "- . , c - ...,., the Subrecipient does not CFR, Part 570, with the following exceptions, (i) aS8ume the environmental responsiblities of the Grantee as described in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not aS8ume the Grantee's re8ponsiblities for initiating the review process under Executive Order Number 12372. (e) SUbrecipient will comply with the requirements set forth in the Uniform Relocation Assistance and Real Property Acqgisition Policy Act of 1970, as amended, (ORA), 49 CFR, Part 24 in accordance with federal reaulations When attempting to or acquiring any building or parcel of land. SUbrecipient will be required to obtain written approval from the Executive Director of the Development Department prior to any activity taking place within the confines of ORA 49 CFR, Part 24, as amended. 2. Pav...II!!Ilt:. A City shall reimburse Subrecipient for allowable costs incurred under the scope of this Agreement and applicable Federal reau1ationa, Which have not been paid for or reimbursement will be made at least on a monthly basis, with the total of all such reimbursements not to exceed .20,000. 3. IuL. This Aareement shall commence Julv 1. 1992, and terminate June 30. lw. 4. Use of J'nftffa: Buclaet:: 'I'ravel L:lmit:at:ion. (a) The funds paid to Subrecipient shall be used by it solely for the purposes set forth in Paraaraph l(b) 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 EXhibit "B". This bUdget shall list all sources of funding for the program covered by this Agreement, whether from State, Federal, local -2- 6 c t~) "- - '- .-' ,.......... .....,.I - or private sources, and shall identify which sources are paying for which specific portions of the program, by line-it.., to the extent practicable. (b) No Travel expenses for out-of-state travel shall be included in thi. 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 ezpense, 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 amount or for out-of-state travel shall not be eligible for reimbursement unless the prior written approval of the Executive Director of Development Department of the City of San Bernardino, or deaignee, has been obtained. (c) Funds shall be used for purposes authorized by the Community Development Block Grant Program only, and no portion of the funds aranted hereby shall be used for any purpose not specifically authorized by this Aareement. (d) Only net payroll shall be periodically reimbursed by City as an allowable cost. Any amounts withheld by SUbrecipient from an employee's pay for taxes, social security, or other witbholdings are actually paid over to another entity, shall not be included as wage. or ezpenses eligible for reiaburs..ent as an allowable coat until such tille as the withheld tazes, social security, or other WithhOlding and not immediately paid over to another entity entitled to such payment. Upon such payment and the submission of evidence of such payment to the City of San Bernardino Development Department, such expenses shall be regarded as an allowable cost, and the City shall reimburse Subrecipient for such obligation. (e) Subrecipient shall be allowed, with the prior written approval of the Development Department of the City of San Bernardino, to make changes -3- s- ....,.~. - '-' to the budaet during the first three (3) quarters of the fiscal year, so long ,- as Subreclpient is in compliance with Section "2" of this Agreement at the time of submission of the budaet modification request. A variation in the '- itemization of costs, as set forth in the proposed bUdget submitted to City, not to exceed ten percent (10%) as to any particular line item, shall be allowed, provided that the prior written approval of the Executive 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 Arant funds be utilized within the time period covered by this Aareement, and entitlement to any funds not ezpended or obliaated shall revert to the City. 50 reserve for the future shall be established with the fund. ezcept as may be authorized to meet commitments made for service. provided during the period of this Agreement, but not yet paid for at the conclusion of this Aareement. ';';;"\ . (g) SUbrecipient shall remain in compliance with all state, \., federal and local laws prior to the receipt of any reimbursement hereunder. Thi. inClUdes, but is not limited to, all laws and regulations relative to the form of oraanizatlon, local business licenses and any laws and regulations speeific to the business and activity carried out by Subrecipient. Reiabursement shall not be made to SUbrecipient which is not operating in compliance with all applicable laws. Reimbursements may be subsequently paid, at the direction of the Executive Director of the Development Department for reimbursement costs incurred during the period when compliance is achieved before ezpiration of this Aareement. 5. AeeD1Dl~fft.:!!: Audit. (a) Prior to the final payment under this Agreement, and at such other time. a. may be requested by the Executive Director of the Development - ...... -4- ~ c I~'-\ , , '-. - ..... I""" '-' Department of the City of San Bernardino, r'..-- '-' Subrecipient shall submit to the Director an accounting of the proposed and actual ezpenditures of all revenues from whatever source accruing to the organization for the fiscal year endina June 30, 1992. (b) Financial records shall be maintained by Subreclpient in accordance with Generally Accepted Accountina Principles, and in a manner which permits City to trace the ezpenditurea of funds to source documentation. All books and records of subrecipient are to be kept open for inspection at any time durina the business day by the City, its officers or aaents, and by any representative of the United States of America authorized . to audit community development block arant programs. (c) Standards for financial management systems and financial reportina requirements established by 24 CFR, Parts 85.20 and 85.22 shall be fully complied with by SUbrecipient. Subrecipient acknowledges that the funds provided are federal funds. (d) SUbrecipient's financial mSDaaement system shall provide for accurate, current and complete disclosure of the financial results of each proaram sponsored by this Agreement. It is the responsibility of Subrecipient to adequately safeguard all assets of the proaram, and SUbrecipient shall assure that they are used solely for authorized purposes. 6. Services Available to Residents: Monitoriu and ReDOrtiDJr ProJP:r_ Performance. 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 denied service because of race, color, national oriain, creed, sez, marital status, or physical handicap. Subrecipient shall comply with Affirmative Action guidelines in its employment -5- !J r- '- /~ '- ,- i.- c ............ '....-I practices. SUbrecipient shall also monitor the proaram'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 eFR, Part 85.4l(c)(d) and Part 85.21. Failure to provide such quarterly performance reports may prevent the processing by City of SUbrecipient's requests for reimbursement, and may justify temporary withholdina as provided for in Paragraph "11" hereof. City reserves the riaht to waive such breach, without prejudice to any other of its ri&hts hereunder, upon a findina by the Executive Director of the Development Department that such failure was due to extraordinary circumstancea and that such breach has been timely cured without prejUdice to the City. 7. Procurement Practiea: Conflict of Interest. Subrecipient shall comply with procurement procedures and auidelines established by 24 CFR, Part 85.36(d)(1), SUbrecipient "Procurement Standsrds". In addition to the specific requirements of 24 CFR, Part 85, SUbrecipient shall maintain a code or standards of conduct which shall govern the performance of its Officers, employees or agents in contracting with and ezpending the federal grant funds made available to Subrecipient under this Agreement. SUbrecipient'. Officers, employees or agents shall neither solicit nor accept aratuities, favors, or &D7thing of monetary value from contractors or POtential contractors. To the eztent permissible by state law, rules, and regulations, the standards adopted by Subrecipient shall provide for penalties, sanctiona or other disciplinary actions to be applied for violations of .uch standards by either the SUbrecipients's Officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so -6- 6 ,- \... I' C' "-, ''"- c ,...-, -" The Subrec1pient shall be as to provide mazimum open and free competition. alert to organizational conflicts of interest or non-competitive practices among contractors which may restrict or eliminate competition or otherwise restrain trade. Subrecipient agrees to adhere to conflict of interest provisions set forth in 24 CFR Section 570.611 and to the procurement rules specified in 24 CFR, Part 85.36, in Its ezpenditure of all funds received under this Agreement. I. Antf.-nek Baa ProYlafcm.at Eaual EmnlOfttl!Dt OnDart1lllft:v.. All contracts for construction or repair using funds provided under this Aareement shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each contractor or subarantee shall be prohibited from inducing, by any means, any person employed In the construction, completion or repair of public work, to aive up any part of the compensation to Which helshe is otherwise entitled. SUbrecipient shall report all suspected or reported violations to City. All contracts in excess of $10,000.00 entered into by Subrecipient using funds provided under this Aareement shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order lUmber 11246, aa amended. 9. Prev.lllft. V..e Reaulr..ent.. Any construction contracts awarded by Subrecipient using funds provided under this Agreement in excess of $2,000.00 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276(a) to 276(a)(7)) and as aupplemented by Department of Labor Regulations (29 CFR). Under this act, contractors shall be required to pay wages to laborera and mechanics at a rate not less than the minimum wages apecified in a wage determination -7- s .- , '. '-) '- - I '- r-- "-' .....,; determination made by the Secretary of Labor. In addition, contractors shall place a copy of the current prevailina waae determination iasued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. Subrecipient shall - report all au.pected or reported violations to City. 10. ADDro..l of City of amr Char.e.: UB. of Proar.. Ine08le. (.) City hereby requires SUbrecipient to notify the City in vritina, of its intent to charge a fee for any service, the provision of which is assisted pursuant to the Aareement. City require. Subrecipient to obtain the prior written approval of City for any charges or fees to be charged by Subrecipient for auch aervices, and of any rules and reaulationa aovernina the provision of services hereunder. (b) Program income represents gross income received by the SUbrecipient directly generated from the use of funds provided hereunder. Such earning. include interest earned on advances and may inclUde, but will not be limited to, income from service fees, sale of commodities, usage and rental fees for real or personal property usina the funds provided by this Aareement. As to such income, it shall be first applied to eliaible proaram activities, before requesta for reimbursement and, in the use, shall be subject to all applicable provisions of this Agreement. Income not so applied shall be remitted to City. Subrecipient shall remit all unspent program income to the City within thirty (30) days subsequent to the end of the program year (June 30, 1993). 11. rl!BlDOrarv Vithholdina. The Executive Director of the Development Department of the City of San Bernardino ia authorized to temporily withhold the P"'ent of funds to Subrecipient when the Director determines that any violation of this Agreement -s- j --- \- -." .....,I has occurred. Funds shall be withheld until the Yiolation is corrected to the - satisfaction of the Zzecutive Director. SUbrecipient shall have the right to '- appeal the decision of the Executive Director to the Mayor and Common Council. The sole grounds for such appeal shall be that no violation of the Aareement has occurred. SUbrecipient shall file such appeal within fifteen (15) days after such first withholding. The Mayor and Common Council shall set a date for the hearina of such appeal Which is within thirty (30) days following the date of filing. 12. Recorda RetSDtiOD. Financial records, supporting documents, statistical records, and all other records pertainina to the use of the funds provided under this Aareement shall be retained by SUbrecipient for a period of three (3) years, at a minimum, and in the event of litiaation, claim or audit, the records ".., \",. shall be retained until all litigation, claim or audit findings involving the records, have been fully resolved. Records for non-ezpendable property acquired with federal funds provided under this Aareement shall be retained for three (3) years after the final disposition of aueh property. 13. ProDern .""..1!II:1!Il1: St-"'''arda. Non-expendable personal property, for the purposes of this Aareement, is defined aa tanaible personal property, purchased in whole or in part with federal funds, which has useful life of more than one (1) year and an acquisition cost of one-thousand dollars ($1,000.00) or more per unit. Real property means land, includina land improvements, atructures and appurtenances thereto, ezcluding movable machinery and equipment. Non-expendable personal property and real property purchased with or improved by funds proYided under this Agreement shall be subject to the property management standards set forth in 24 CFR, Part SS.32. - '- -9- s ~- i.... c) ,- '- - '- ,....-... - 14. Te~fllatlGll Ear Caus.. (a) City reserves the right to terminate this AareSlllent in accordance with 24 CFR, Part SS.43, and any and all arants and future payments under this Agreement, in whole or in part, at any time before the date of completion of this Aareement whenever City determines that the Subrecipient has materially failed to comply with the terms and conditiona of this Agreement. In the event seeks to terminate this Aareement for cause, City shall promptly notify the Subrecipient in writing of the proposed termination and the reasons therefore, toaether with the proposed effective date. Subrecipient shall be 8iven an opportunity to appear before the Mayor and C_n Council at the time at Which the Mayor and Common Council are to consider such recoDlDended termination, and ahall be aiven a ressonable opportunity to show cause why, if any ezlsts, the Aareement should not be terainated for cause. Upon determination by the Mayor and Common Council that the eontract shOUld be terminated for cause, notice thereof, inClUding reasons for the determination, shall promptly be mailed to the Subrecipient, toaether with information as to the effective date of the termination. Such notice may be 8iven orally at that hearing. The determination of the Mayor and Common Council as to cause shall be final. (b) In the event of any tel'llination Whether for eause or for conYenience, SUbrecipient shall forthwith provide to the Development Department any and all documentation needed by the Development Department to establish a full record of all moniea received by Subrecipient and to document the uses of same. 15. re~fft.tIOD 'or COD9~fenee. City or SUbrecipient may terminate this Agreement in Whole or in part proYided both parties agree that the continuation of the project would -10- ~ - '- c' ,"- '- ....... c ....) not produce beneficial results commensurate with further ezpenditure of funds. In such event, the parties shall agree upon the termination conditions, inClUding the effective date and, In the case of partial terminations, the portion to be terminated. The Subrecipient shall not incur new Obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. City shall allow SUbrecipient full credit for the City's share of the non-cancellable obligations properly incurred by the Subrecipient prior to termination. 16. Reyer.lon of .l8.et:8.. Subrecipient agreeS that upon ezpiration of this Agreement, the Subrecipient shall transfer to the City any and all CDBG funds not used at the tt.e of expiration and any accounts receivable attributable to the use of CDBG funds. Subree1plent agrees 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) or the three (3) national objectives as set forth in 24 CFR, Part 570.208 until five (5) years after ezpiration of the Aareement or auch periOd of tille as determined appropriate by the City, or; (ii) is dispoaed of in a manner which results in the City beina reillbursed in the amount of the current fair market value of the property less any portion thereof attributable to ezpenditure of, or improvement to, the property by Subrecipient. Such reimbursement is not required after the periOd of time specified in "in above. 17. Bold a_NIess. Subrecipient sgrees to indemnify, save and hold harmless the City and the Development Departaent and their employees and agents from all liabilities and eharges, expenses (including counsel fees), suits or losses, however occurring, or damaaes, ariSing or arowing out of the use of or receipt of -11- s - '- '\ C' - ',- c -, .....,I funds paid under this Agreement and all operations under this Aareement. PaY1llents under this Aareement are made with the understanding that the City and the DeveloPllent Department are not involved in the performance of services or other actiVities of the Subrecipient. Subrecipient and its employees and agents are independent contractors and not employees or aaents of City and the Development Department. 18. "'-"'en~. This Agreement may be amended or modified only by written agreement sianed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of any provision or provisions. 19. h.I.....I!Il~. This Agreement shall not be assigned by Subrecipient without the prior written consent of City. 20. lfotieea. All notice. herein required shall be In writina and delivered in person or sent certified mail, postaae prepaid, addressed as follows: 18 to Ci~: JCEl'INETH J. IDDBRSON Executive Director Developeent Depsrtment Economic Development Aaency 201 North "I" Street, Third Floor San Bernardino, CA 92401 18 to SUbrecipient Luthern Social Services of Southern California 1354 North "G" Street San Bernardino, CA 21. Evidence of Authoritv. SUbrecipient shall provide to City evidence in the form of a certified copy of ~nutes of the governina body of SUbreeipient, or other adequate proof, that this Aareement has been approved in all its detail by the -12- s- - '- ,", '- J '- ,- '- c """"', '-' aovernlng body of the SUbrecipient, that the per.on(s) ezecuUng it are authorized to act on behalf of Subrecipient, and that this Agreement is a binding obliaation on SUbrecipient. 22. CertifleatiOD of Aa.uranee. Subrecipient shall comply with the program requirements attached hereto ae EXhibit "C". which are incorporated by reference as though fully set forth at length and msde a part of this Aareement by execution of all certifications and assurances of the CDBG program. 23. "tire hreMu!Ilt. Thia Aareement and any document or instrument attached hereto or referred to herein intearates all terms and conditions .entioned herein or incidental hereto. and supersedes all necotiations and prior writina in respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this Agreement, and any such document or instrument, the terms and conditions of the Aareement shall prevail. 24. .0 Third Partv Beneficiaries. .0 third party shall be deemed to have any rights hereunder aaa1nat any of the parties hereto as a result of this Agreement. 11/ 1/1 1/1 1/1 11/ 1/1 1/1 1/1 -13- j .",'" '- r?-) '- ,- '- r ..""', r-- '-' .....,; n 1992/1993 CDIIIi\ .l~ Bn'w__ CIn.l1lD Lux_ SOCIAL 8DVICBS OF SOlJrBIU CALIIOUU IN WITNESS WHEREOF, the parties hereto have executed this Aareement on the date and year first hereinabove written. ArDST: CIn OF s.u BBDARDIltO By: City Clerk W.R. Holcomb, Mayor City of San Bernardino SUBRlCIPIIIT Approved as to fOlll and leaal content: . By: JAMES F. PENMAlf, City Attorney B~~RQ. / BY: AJlI:1ag:0804B Rey_ 05/1992 -14- j- ';"'j '-' "-' CIft 01' ID Ilnll' ImtJlO DEVILOPIIE1Ir DEP.u.u..UII.I: ,,- '- .CertificatiOD and Assuraace. (To AccOllPUO' CDBG -'areaat) I, Diane Nissen, President (Name and Title of Official) Lutheran Social Services of Southern €alifornileated at (lfaae of Agency/Oraanlzation) , of the 5015 Eagle Rock Blvd, Suite 204, L.A., CA 90041 do hereby (Address of Aaency/Organization) make the following certification and assurance to accomPUO' the Community De1'Slopment Block Grant Aareement between Lutheran Social Services of Southern Californilnd the (Name of Aaency/Organlzation)_ City of San Bernardino: A '- a) Certify that the information booklet for CDBG Proaraa requirements haa been read and understood, and b) Assure that the Lutheran Social Services of So. Cal. will (Name of Aaency/Organ1zation) comply with all &oveming requirements aa stipulated herewith in the performance of the CDBG Aareement. t&~~~~ (Sipature of Of cial) ~ . ...to- 7d. (Date) Development Department (Date) ,,- AJB:mJtc:2437J '- s- c c> - '- c "-'", ...,) IXHIBIT A SCOPI 01' SIRVIClS Th. IlDerg.ncy Assistanc. Progr&lll will provid. compreh.nsiv. s.rvlc. for a nWllber of problMS .ncounter.d by the low Inc_ population of the City of San llernardino. I.ov lnc_, h_l.ss, un_ployed, poverty-l.vel famill.s with d.pend.nt childr.n ar. targ.ted for s.rvic.. CU.nts served, including both f&llllli.s with d.pend.nt childr.n and individuals who ar. DOt part of an Intact "aily, c_ primarily from the north_st ar.a of the CitJ', but the s.rvic. is provided for r.sid.nts of the .ntir. City, and the full cli.nt.l. of the cent.r includes r.sid.nts frOll throughout the _st.rn portion of aan ..rnardino COUnty. This progr.. pro.id.S priority community needs including food, clothing, transportation, rent and housing asslstanc., utiUty asslstanc., _ployment couns.liDg, crisis Int.rv.ntion, h.alth and hygi.ne _.Ung, and g.n.ral couns.ling by a Lic.nsed CUnical Social Worker In cans of child abuse or negl.ct, d_stic vlol.nc., or similar cris... W. also prOYld. advocacy and form pr.paration assistance for those .1lgible for Aid Por D.pend.nt Children, Social Security Benefits, Cen.ral ReUef, V.teran's Ben.fits, Child Protective S.rvic.s and temporary .ployment. Poll_ing an Intake intervi_, a case plan 1a d.veloped which will s.rve to all.viat. the curr.nt crisis, and then provide a fr_rk for h.lplng the "aily back to s.lf sufficiency. The goal of the s.rvlc. Is providing a -hand- up- rather than a -band-out-. por example, rental assistanc. i. not simply providllcl to those who are In danger of beiDg .victed bec.use of non-payment of rent. It does little good to provide a person with only one month of housing when it is cl.ar th.t without a significant change of c1rcumtltances, the person will not be able to pay n.xt month's r.nt wh.n it c_s due. por that r.ason, any rent asslstanc. provided by LlS/SC is part of a progr.. which analyz.. the currant aituation and buUds a plan for future houdng beyond the current crisis. 'l'bJ.s may include IlOVlng to a r.sid.nce with a l_r rent, obtaining employment or bett.r employment, or t.aching the cli.nt to bett.r -g. the r.sourc.s sh. has. Without this holistic and personal approach, _rg.ncy assistanc. Is little aora than a stop-gap proc.ss. . J'unds provided by City of San ..rnardlno CDBG will be used for dir.ct assistanc. to cll.nts. 'l'h. prtmary us. of th.se funds will be for utility and r.nt.l assistanc.. Th. progr&lll wUl provide at l.ast 75 f&lllUi.s with the opportunity to ..iotain utility s.rvic. by providing payments in the amount of s.v.nty-five to on.-hundr.d dollars for utility bills in arr.ars at l.ast on. month and in danger of disconn.ction. At lea.t thirty f&lllUl.s will avoid .viction by being provided r.ntal payments in the &IIIOUnt of $350 - $450 for on. month.s r.nt as ...11 as couns.ling on and assistanc. in .stabllshing IlOr. s.cur. housing arr.ng_nts. P.yments ar., in all c...., IIl&cle to the cr.ditor and not directly to the cli.nt. Wben .ligibl., clillJlts in this progr.. are provldecl _rgency assistance from a COanty_ide aclalnistration of p.I.K.A. funds and our participation In the Utility Aesistance progr.. which _ administ.r for ~e appropriate local utUity c~ies. Clothing and food are primarily donatllcl in-kind and provided as appropriate to Clients. 6" /'- '- J.:::) '- ,- \"". c ...^'......., -' EXHIBIT B PROGRAM BUDGET Salari.. and Fring. B.n.fit.:............$31,108 SUpplie.: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,201 Prof...ional S.rvice..................... 2,538 Trav.l/Conferenc../Seminar.:............. 3,751 utiliti..:............................... 1,135 Insurance: .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 730 Office Equipm.nt:........................ 810 T.lephon.:............................... 2,774 Postag.:................................. 175 Maint.nanc.:............................. 1,303 Printing: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,979 Direct Client Assistance:................ 20,000 Tot&I:...................................$69,S04 FUNDING SOURCES Arrowh.ad United Way:....................$32,972 LSS/SC (Individual Gift. and Event.):.... 16,532 City of San Bernardino CDBG:............. 20,000 Total:...................................$69,504 Citt of San Bernardino CDBG Fund. will be u.ed exclusively for the Dir.ct Client As.istanc. line item consistent with the "Scope of Service... All other proqrUl expense. will be shared in appropriate proportion by the other two funding source.. City of San Bernardino CDB9 fund. will be expended only for the benefit of City residents. j