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HomeMy WebLinkAboutR14-Economic Development Agency ;,". '-' ,/ , " DEVILOPMEKT DEPARTME.T OF THE CITY OF SAN BEIlRAIIDIKO REOUEST FOR COMMISSIOl'l/eOmrCIL ACTIO. From: ICENl'lETH J. HENDERSON Executive Director Subject: FY 1992-1993 eDBG A~ BlmrAAII THE eITY AND LEGAL AID SOeIETY OF SAB' BEUARDllO Date: July 17, 1992 ------------------------------------------------------------------------------- SvnoDsis of Previous CommissionlCouncil/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. ------------------------------------------------------------------------------- , " RecommPn"ed Motion(s): (Mavor and Co_on Council) RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTIOI'I OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEI'I THE CITY OF SAN BERNARDINO AND LEGAL AID SOCIETY OF SAN BERNARDINO. Admi1:ator 01'1 ------------------------------------------------------------------------------- Contact Person(s): Kenneth HendersonlArt Hassel Phone: 5081 Project Area(s): All Proiect Areas Ward(s): All Wards Supporting Data Attached: Staff ReDort: Resolution: Exhibits FUNDING REQUIREMENTS: Amount: $ 20.000.00 Source: FY 92/93 CDBG LOC Budget Authority: PreviouslY Established 6/1/1992 ------------------------------------------------------------------------------- Commissionleouncil Kotes: ( ------------------------------------------------------------------------------- ICJH:SWP:AB:dls:2489J COIIMISSIOK IlEETIKG AGEIIDA Meeting Date: 07l20/199i Agenda Itea llullber: I ~....... ./,,~., '--' ,"" DBVELOPMB.T DBPARTME.T OF THE CITY OF SAN BERlWlDIIIO " STAFF REPORT Le2al Aid Sodetv of San Bernardino 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 Legal Aid Society of San Bernardino, 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. t1" ''''" 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 dispursed 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. J. OK, Executive Director Development D artment ICJH:SWP:AB:dls:2489J ------------------------------------------------------------------------------- f \. COIIIISSIOK MEETIKG AGElmA Meeting Date: 07/20/1992 d Agenda lUll "'ber: .,. " " " ( 18 19 20 2J 22 23 24 25 26 27 28 ,.. '-' I 2 3 4 5 6 USOLD'lIO. IIllMBER RESOLDTIO. or TIll MAYOR AlID COJIII). COlllICIL OF !III CITY OF SAK IlEUARDIIlO AU'lIIORIZIIG AlID DlRECTIIIG TIll UlCUTIOII OF .l Com..aJ.rY DEVELOPIID'l llLOa GR.Ur rmmIIG ~C1lb"llUl1: IQ,......... TIll CITY OF SAI' 1lRIIIIl1!DIIO .u LEGAL AID SOCIBrY OF SAJf IlIDl1ll1!DIIlO BE IT RESOLVED BY THE MAYOR AlID COIRl. COlllICIL OF TIll CITY OF SAK IlKIIIIl1!DtBO AS FOLLOWS: 7 Section 1. 8 (a) The Mayor of the City of San Bernardino is hereby authorized 9 and directed to execute, on behalf of the City, an agre.ent for 10 COllllunity Development Block Grant funding with Leaal Aid Societv of San 1J Bernardino, which agreelllent 18 attached hereto as Exhibit "1", and 18 J2 incorporated herein by referenced as though fuly set forth at length. J3 The agreement provides for the aranting of Community Development Block 14 Grant funds in the following amount of $20.000. J 5 Section 2. J6 (a) The Authorizations to execute the above referenced agreement is J7 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this Resolution. III III III III III III III III III III - 1 - )-4 " "" , ',," (, 20 21 22 23 24 25 26 27 28 -"- 1""" U 1 2 3 4 5 6 7 8 RESOLUTIOII OF TIlE CITY OF SO RlrlnlnnIJll) mrJIORIZIK TIlE BDCUTIO. OF ~ CDBS 'G~u_ BEnrAAB TIlE eITY .&lID LEGAL .lID SOClft!' 01' SU BERlURDlBO the Mayor and Common Council of the City of San Bernardino at I HEREBY CERTIFY that the foregoing Resolution waa dull adopted by a Ileeting thereof, held on the day of , 1992, by the following vote, to wit: eOUllCIL IlEMBtnlll: m.s IIAD ABSTAm 9 ESTHER BSTRADA 10 JACIC REILLY 11 RALPH HEUANDEZ 12 MICHAEL MAUDSLEY 13 TOM MIIIOR 14 VALERIE POPE-LUDLAM 15 NORID IIILLER 16 17 18 ABSEB'J' City Clerk 19 of The foregoing resolution is hereby approved this , 1992. day W.R. Holcomb, Mayor Approved as to form and legal content: JAMES F. PENMAK, City Attorn~.".,~~_ By: ~~.P4 , " 229lB - 2 - /4 , '" t1" "" 9 10 It 12 13 ]4 ]5 ]6 ]7 18 ]9 20 2] 22 23 24 25 26 27 28 , \, 1".."\ "'" ] STATE OF CALIFOWA ) COUNTY OF SAN BERNARDIIIO ) ss 2 CITY OF SAN BERNARDINO ) 3 4 I, City Clerk of the City of San Bernardino, DO HEREBY CERTIFY that the foregoing and attached copy of 5 Mayor and Common Council of the City of San Bernardino Resolution 110. 18 a full, true and correct copy of that now on file in 6 this office. 7 III WITlIESS WHEREOF, I have hereunto set JIq hand and affixed the official seal of the Mayor and Common Council of the City of San 8 Bernardino this _ day of , 1992. City Clerk City of San Bernardino By: Deputy - 3 - r4 ...,-, .r "' -~ ~ .,...;,,"' '" " AGREEIIE.T THIS AGREEMENT is entered into effective as of the 1st dav of Julv 1992, at San Bernardino, California, between the City OF SAN BERNARDINO, a municipal corporation, referred to as "City", and LEGAL AID SOCIETY OF SAI BERRlRDIKO, a nonprofit community service organization, referred to as "Subrecipient". City and SUbrecipient agree as follows: 1. Reci tals. (a) SUbrecipient has requested financial assistance from City for fiscal year 1992/1993 from funds available through the Community Development Block Grant Program from the United States of America to City. (b) SUbrecipient represents that the expenditures authorized by t1" this Agreement are for legal assistance for tenantllandlord issues, '" dissolutions, child support and other legal matters, which are valid and eligible cODDIIUUity 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 purposes 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. ,. \. -1- r1 ,,. " , " , " ,..... v (d) SUbrecipient will carry out each activity, proaram andlor project in compliance with all federal laws and regulation. as set forth in 24 CFR, Part 570, with the fOllowing exceptiona, (i) the SUbrecipient does not assume the enviroDmental responsiblities of the Grantee as described in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's responsiblities for initiating the review process under Executive Order lumber 12372. (e) Subrecipient will comply with the requirements set forth in the Uniform Relocation Assistance and Real 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 Executive Director of the Development Department prior to any activity taking place within the confines of ORA 49 CFR, Part 24, as amended. 2. P...,.enta. 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 reimbursement will be made at least on a monthly basis, with the total of all such reimbursements not to exceed $20,000. 3. Iml.. l12J. This Agreement shall cODDllence Julv 1. 1992, and terminate June 30. 4. Use of """de: Budaet: Travel Limitation. (a) The funds paid to SUbrecipient shall be used by it solely for the purposes set forth in Paragraph l(b) of this Agreement, and in accordance with the program budget submitted by SUbrecipient to the City of San -2- r1 I -_ ...... '-" ," , Bernardino Community Development Department, a copy of which is attached to this Agreement as Izhibit "B". This budget shall Un 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 extent practicable. (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 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 designee, 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 granted hereby shall be used for any purpose not specifically authorized by this Agreeaent. (d) Only net payroll shall be periOdically reiabursed by City as an allowable cost. Any amounts withheld by Subrecipient from an employee's pay for taxes, social security, or other withholdings are actually paid over to another entity, shall not be included as wages or expenses eligible for reimbursement as an allowable cost until such time as the withheld taxes, social security, or other withholding and not immediately paid over to another entity entitled to such payment. Upon such payment and the submission of , ~ ~ )4 ,... " , " , "" ,--'. ,,"", v , 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 to the bUdget during the first three (3) quarters of the fiscal year, so long as SUbrecipient is in compliance with Section "2" of this Agreement at the time of submission of the budget 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 eity of San Bernardino is Obtained, it being understood that the total amount of the ,rant shall not be varied thereby. (f) The parties intend that grant funds be utilized within the time period covered by this Agreement, and entitlement to any funds not expended or obligated shall revert to the City. No reserve for the future shall be 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 receipt of any reimbursement hereunder. This includes, but is not limited to, all laws and regulations relative to the form of organization, local business licenses and any laws and regulations specific to the business and activity carried out by Subrecipient. Reimbursement shall not be made to Subrecipient which is not operating in -4- ,;.[ ,- i"".,. .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 expiration of this Agreement. 5. Accountina: Audit. (a) Prior to the final payment under this Agreement, and at such other times as may be requested by the Executive Director of the Development Department of the City of San Bernardino, SUbrecipient shall submit to the Director an accounting of the proposed and actual expenditures of all revenues from whatever source accruing to the organization for the fiscal year ending June 30, 1992. (b) Financial records shall be maintained by Subrecipient in accordance with Generally Accepted Accounting PrinCiples, and in a manner which permits City to trace the expenditures of funds to source documentation. All books and records of subrecipient are to be kept open for f' Ii., inspection at any time during the business day by the City, its officers or alent., and by any representative of the United States of America authorized to audit community development block Irant programs. (c) Standards for financial management systems and financial reporting 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 manalement 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 , \. -5- IJ.{ r ~ ~~, "'"".;<" to adequately safeguard all aS8ets of the program, and Subrecipient 8hall I' ..sure that they are used solely for authorized purposes. l"', 6. Services Available to Residents: Monitorhu, an" RellOrtillR Proar.. Perfo~ance. 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 origin, creed, sex, marital status, or phySical handicap. Subrecipient shall comply with Affirmative Action luideline8 in its employment practices. SUbrecipient shall also monitor the program'8 activities and 8ubmit 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 City of " SUbrecipient's requests for reimbursement, and may justify temporary " withholding as provided for in Paragraph "11" hereof. eity reserves the right to waive 8uch breach, without prejudice to any other of its rights hereunder, upon a finding by the Executive Director of the Development Department that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejUdice to the eity. 7. Procurement Practies: eonfUct of Interest. SUbrecipient shall comply with procurement procedures and guidelines established by 24 CFR, Part 85.36(d)(I), Subrecipient "Procurement Standards". In addition to the specific requirements of 24 CFR, Part 85, SUbreeipient shall maintain a code or standards of conduct which shall govern the performance of its officers, employees or agents in contracting with and , , -6- )q ..', --., " " , " , , c expending the federal arant funds made available to SUbrecipient under this Agreement. SUbrecipient's officera, employees or &gents ahall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or potential contractors. To the extent permissible by state law, rules, and regUlations, the standards adopted by SUbrecipient 8hall provide for penalties, sanctions or other diSCiplinary actions to be applied for violations of such 8tandards by either the SUbrecipients'8 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 as to provide maximum open and free competition. The SUbrecipient shall be 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 expenditure of all funds received under this Agreement. I. Anti-Irick Back ProviBinna: BOIIal Eamlovaent OIIDOrtUllft:Y. All contracts for construction or repair USing funds provided under this Agreement 8hall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 V.S.C. 874) as 8upplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each contractor or subgrantee shall be prOhibited from inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which helshe is otherwise entitled. SUbrecipient shall report all suspected or reported violations to City. All -7- )~ c "'" contracts in excess of $lO,OOO.OO entered into by Subreclplent using funds provided under this Agreement shall contain a provision requiring compliance '", with Equal Employment Opportunity provisions established by Executive Order Number 11246, as amended. 9. PrevailillR Wue ReOlllrement. Any construction contracts awarded by Subrecipient using funds provided under this Agreement in excess of h,ooo.oO shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276(a) to 276(a)(7)) and as supplemented by Department of Labor Regulations (29 CFR). Under this act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination determination made by the Secretary of Labor. In addition, contractors shall place a copy of the current prevailing wage determination issued by the t1" ... 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 suspected or reported violations to City. 10. ADllroval of eitv of amr r.harRes: Use of ProRr_ Incoae. (a) City hereby requires Subrecipient to notifY the City in writing, of its intent to charge a fee for any service, the provision of which is assisted pursuant to the Agreement. City requires Subrecipient to obtain the prior written approval of City for any charges or fees to be charged by Subrecipient for such services, and of any rules and regulations governing 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 earnings include interest earned on advances and lIay inClUde, but will , " -8- jq "'........ - '-" ..~....".."'" .. not be limited to, income from service fees, aale of commodities, usage and .... rental fees for real or personal property uaing the funds provided by this Agreement. As to such income, it shall be first applied to eligible program activities, before requests 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 incoae to the City within thirty (30) days subsequent to the end of the program year (June 30, 1993). 11. Tl!IIIIOrarv Wil-hholdfn.. The Executive Director of the Development Department of the City of San Bernardino is authorized to temporily withhold the payment of funds to SUbrecipient when the Director determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the t1" .... satisfaction of the Executive 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 Agreement 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 hearing of such appeal which is within thirty (30) days foll_ing the date of filing. 12. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this Agreeaent shall be retained by Subrecipient for a period of three (3) years, at a ainimum, and in the event of litigation, claim or aUdit, the records shall be retained until all litigation, claim or audit findings involving the , \. -9- ]Jt I '.... , "'" f' , "",.."<. .,..... ~ records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this Agreement &hall be retained for three (3) years after the final dispOSition of such property. 13. ProDerty "nA.ement St_nll.rd.. Ron-expendable personal property, for the purposes of this Agreement, is defined as tangible 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, inClUding land improvements, structures and appurtenances thereto, exClUding movable machinery and equipment. Ron-expendable personal property and real property purchased with or improved by funds provided under this Agreement shall be subject to the property manaaement standards set forth in 24 CFR, Part 85.32. 14. Termination for Cause. (a) City reserves the right to terminate this Agreement in accordance with 24 CFR, Part 85.43, and any and all grants and future payments under this Agreement, in whole or in part, at any time before the date of completion of this Agreement whenever City determines that the SUbrecipient has aaterially failed to comply with the terms and conditions of this Agreement. In the event seeks to terminate this Agreement for cause, City shall promptly notify the SUbrecipient in writing of the proposed termination and the reasons therefore, together with the proposed effective date. Subrecipient shall be given an opportunity to appear before the Mayor and eOllllDon Council at the time at which the Mayor and CODDllon Council are to consider such recolIIIDended termination, and shall be given a reasonable opportunity to show cause whY, if any exists, the Agreement should not be -10- r4 1__ c ".'.. I teraiDated for cause. Upon determination by the Mayor and Common Council that ',," the contract ahould be terminated for cause, notice thereof, including reasons for the determination, shall promptly be mailed to the Subrecipient, together with information as to the effective date of the termination. Such flotice may be given orally at that hearing. The determination of the Mayor and CODDllon Council as to cause shall be final. (b) In the event of any termination Whether for cause or for convenience, Subrecipient shall forthwith provide to the Development Department any and all documentation needed by the Developsent Department to establish a full record of all monies received by SUbrecipient and to document the uses of same. 15. Termination for Conv....fence. City or Subrecipient may terminate this Agreement in whole or in part provided both parties agree that the continuation of the project would ". " Dot produce beneficial results commensurate with further expenditure of funds. In such event, the parties shall agree upon the termination conditions, inClUding the effective date and, in the case of partial termiDations, the portion to be terminated. The Subredpient shall not incur Dew obligations for the terminated portion after the effective date and shall cance1 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. Reversion of Assets. Subrecipient agrees that upon expiration of this Agreement, the SUbredpient shall transfer to the eity any and all CDBG funds not used at the tiae of expiration and any accounts receivable attributable to the use of CDBG , " -11- I~ '" " ,. ... ,. "'" ,'-", '-" -, "-,,.I' funda. Subrecipient agrees that BUY real property under its control, Which WB8 acquired or improved, in whole or in part, with CDBG funds in ezcess of $500.00 ahall either, (i) be used to meet one (1) or the three (3) national objectives as aet forth in 24 CFR, 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 being reimburaed in the amount of the current fair market value of the property leaa BUY portion thereof attributable to expenditure of, or improvement to, the property by SUbrecipient. Such reimbursement is not required after the period of time specified in "in above. 17. Hold Harmless. SUbrecipient agrees to indemnify, aave and hold harmless the City and the Development Department and their employees and agents from all liabilities and charges, expenses (including counsel fees), suits or losaes, however occurring, or damaaes, ariaing or arowing out of the use of or receipt of funds paid under this Agreement and all operations under this Agreement. Payments under this Agreement are made with the understanding that the City and the Development Department are not involved in the performance of services or other activitiea of the Subrecipient. SUbrecipient and its employees and agents are independent contractora and not employees or agenta of City and the Development Department. 18. AmP.ndlllll!.1lt. This Agreement may be amended or modified only by written agreement aigned by both parties, and failure on the part of either party to enforce any provision of thia Agreement shall not be construed as a waiver of the right to compel enforcement of BUY proviSion or proviSions. -12- 14 ,..... '-' -~ , .....-J 19. Aaaf.....ent. ''lilo .". This Agreement ahall not be assigned by SUbrecipient without the " \. ( prior written consent of City. 20. Kotices. All notices herein required shall be in writing and delivered in person or sent certified mail, postage prepaid, addressed as follows: Aa to eit7: Aa to Subrecipient ICENNETH J. HENDERSON Executive Director Development Department Economic Development Agency 201 Borth "E" Street, Third Floor San Bernardino, CA 92401 Legal Aid Society of San Bernardino 150 West Fifth Street San Bernardino, CA 21. Evid......e of Aut-horitv. SUbrecipient shall provide to City evidence in the form of a certified copy of minutes of the governing bOdy of SUbrecipient, or other adequate proof, that this Agreement has been approved in all its detail by the governing body of the SUbrecipient, that the person(s) executing it are authorized to act on behalf of SUbrecipient, and that this Agreement is a binding obligation on SUbrecipient. 22. eertifieati_ of AaSllr..."e. Subrecipient shall comply with the program requirements attached hereto as EXhibit "C", Which are incorporated by reference as though fully set forth at length and made a part of this Agreement by execution of all certifications and assurances of the CDBG program. -13- ,4 - '-' ,....,., ,. ." 23. :lDtire hre_ent. ;II' ,. This Agreement and any document or instrument attached hereto or referred to herein integrates all terms and conditions mentioned herein or incidental hereto, and aupersedes all negotiations and prior writing' in reapect to the subject matter hereof. In the event of conflict between the tenaa, conditions or proviaions of this Agreement, and any such document or instrument, the terms and conditions of the Agreement shall prevail. 24. Ko Third Par" Beneficiaries. 50 third party shall be deemed to have any rights hereunder against any of the parties hereto as a result of this Agreement. III III III III ,. -.. III III III III III III III III III III III III ,. , -14- 14 " ... , '" ,. , ...., "-"' ,". ..,'~ n 1992/1993 CDBG AC:U-X DnrAA1'l CIT!' AlID LIGAL AID SOCDTY 01' SAN RRInI.l.vnllIO IN WITRESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written. ~: eIT!' OF lWI IlR1!1InDlKO By: City Clerk W.R. Holcomb, Mayor City of San Bernardino Approved as to form and legal content: SIlBUCIPIDr By: BY: Secretary JAMES F. PEl'IMAN, C..,. A<"~ By: ~ ~./ ./ AJB:lag:0790E Rev. 05/1992 -15- /4 I __ r """ "'. ... CITY OF SAN IIER1URDIIO DEVEL01'IIBI't DEPARnwo; -eertificatlon and Assurance- (To AccGapIllQ' CDBG Agresent) I, Lowell R. Jameson, Executive Director (Name and Title of Official) Legal Aid Society of San Bernardino,Inc. (Name of Agency/Organization) 150 West 5th Street,'iSuite 108,San Bernardin'ilo hereby (Address of Agency/Organization) , of the located at make the following certification and assurance to accompany the Community Development Bloc:lt Grant Agreement between Legal Aid Society of San Bernardino Inc. (Name of Agency/Organization) and the ei ty of San Bernardino: a) Certif)' that the information booklet for CDBG Pro&ra requirementa has been read and understood, and , , b) Assure that the Legal Aid Society of S,B, Inc. (Name of Agency/Organization) will comply with all governing requirements as stipulated herewith in the performance of the CDBG Agreement. ~ -~<? .~~. I' 1~9 2-c (Date) Development Department (Date) ,. , AJB:mltc:2437J t4 .,/ "" .". f" ,"'" ".. " , ".In\;J1I'IL.nl t\ /' ("..., :.. 1.1 -()/~;::'5 LE"eAL AID SOCIETY OF SAN BERNARDINO, INC. ISO Well Fifth Streel, Sulle 108 . San Bemardino, California 92401 . Telephone (714) 888-6791 PROJECT/ACTIVITY DESCRIPTION T.he..Legal Aid Society of San Bernardino, Inc., a nonprofit 501(c)(3) corporation, has been serving low-income citizens of San Bernardino County since 1953. Since 1977, the Society has operated a legal aid cliaic, which is presently located at 354 West 6th Street in San Bernardino. On alternate Tuesday evenings, eight or nine volunteer attorneys provide legal assistance to clients. Clients sign in between 5:30 and 6:30 p.m. and, after processing (eligibility screening) are seen on a first-come, first-served basis. All eligible (see attached guide~i , lines) clients see an attorney at this time. After interview, the attorney directs. actions within the capability of the clinic. Thee actions recommended usually include the preparation and ,typing of court documents for filing. Attorneys do not mate court appearances, but provide advice and documentation so that the client can represent himself ~ propria persona. Most indigent clients need help with family law problems, i.e., dissolutions, child custody, child support and related matters. Other types of cases include landlord/tenant, civil suits and consumer complaints, credit, social security and guardianship. A storefront operation is conducted during regular business hours, Monday through Friday. 'The clinic is open 9:00 a.m. to 12:00 noon for intate, and from 1:00 to 5:00 p.m. by appointment. During the past year 70 attorneys have worked as volunteers in this effort. This budget will provide operational and support fund~ng for the provision of legal services to 1,800 low-income 'citizens of San B~rnardino County during a peri od 0 f 12 months. EXHIBIT A . A Non-proJil tljJilit1l. D/ 111. San B.mardino ColI"" Bar AJlodt1l/on . All Dont1/it1lU r... Ex.mpt ]4 JUL- 9-92 THU 10:05 "f " ,. " , .... -..ofmr- Konno", NydeIn, ........ S"",,, ... QuMrf, YIo.PtnIdont ...... 0...... SOCrelarl' 1Ii._G. .-. T_ Dfn.c._. MIll.. O. Do_ PouI M. S'"-It Cho~oo E. W.... IIobwt I:/8IU ' .~.... /"'.... ~.e2 " '- LEGAL AID SOCIETY OF SAN BERNARDINO, INC. 1$0 Wilt FiIh Slnet.1Uc 108 . Su ~ CIIltcnIIa 112401 . T~I ,110 It (114) "'''''1 .......... D",""" &.o_Il.......y" J_ JANET D. FREEMAN Konthly Gross SalafY FICA1SUI Life/Health Insurance $ 1,800.00 153.90 243.10 2.197.00 ROBERTA I. SHOUSE Monthly Gross SalafY FICA/SUI Life/Health Insurance 2.550.00 218.03 Ul.45 2,999.48 ~,197.00 2,999.48 .&,196.48 llANET O. FREEMAN iAnnual Gross Salary Annual Benetfts 2~,600.00 ~,764.00 ROBERTA I. SHOUSE Annual Grou Salar,)' Annu<<l Benefits 30.600.00 ~.393.76 EXHIBIT B A Nwt11"!/ll fllIIlh.. "'. Sa. ~ """"0' ., ~ . All Dotwlti_ ra 6Mnpt rL(