Loading...
HomeMy WebLinkAboutR22-Redevelopment Agency t""'~ ,..... , ..."".... - ,. ... DBVBLOPMBNT DBPAIlTMBNT OF THE CITY OF SAN BD1IARDIBO REOUBST FOR COIMISSION/COUKCIL ACTION From: ICEnm:TH J. HENDERSON Executive Director Subject: FY 1992-1993 CDBG AGIW5ftur IIB1'\rAAII THE CITY AlOl GREADR SAN BERlWlDIBO AREA SPECIAL OLlMPICS Date: July 17, 1992 Svnoosis of Previous C~ission/Council/C~fttee 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): (Kavor and C~ 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 GREATER SAN BERNARDINO AREA SPECIAL OLYMPICS. /5 Administrator d~=ON Executive Director 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: $ 10.000.00 Source: FY 92/93 CDBG LOC Budget Authority: Previouslv Established 6/1/1992 Commission/Council Notes: c KJH:SWP:AH:dls:2489J COIMISSION IIDTING AGENDA Meeting Date: 08/03/1992 Agenda Its ltumber: C)~ - v " ,", DBVBLOPMBNT DBPARTMBNT OF THE CITY OF SAIl BD1IARDIBO STAFF IlBPORT Greater San Bernardino Area Soecial 01vm>>ics FY 1992/1993 CDBG Aare..~t 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 Greater San Bernardino Area Special Olympics, 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. ~ON. Executive DeveloPBent Department Director c KJH:SWP:AH:dls:2489J COIMISSION IIDTIlIfG AGENDA Meeting Date: 08/03/1992 Agenda It.. lIUIIber: .;{~ tfI" , , ~ c, (, ......--'c '-' I 2 3 4 5 6 7 8 9 10 1] 12 RESOLDTIO. IIOIIIID RESOLDTIO. OF TBB MAYOR AlOl COIKl. COOlICIL OF TBB CITY OF SAN R-.upnIBO mmoRIZIIIlil AlOl DIRECTIIIlil TBB DBCDrIOII OF . . COI1_~TY DBVBLOPItDT BLOCI: GUlIr FUNDIIIlil ~Cl>k.....x BBTWDII THE CITY OF SAN R-.upnIBO AlOl GREATER SAN UU'UPnIBO .&REA SPECIAL OLDlPICS BE IT RESOLVED BY THE MAYOR AlOl COIKlN COUNCIL OF THE CITY OF SAN R1!II.upnIBO AS FOLLOWS: Section 1. (a) The Kayor of the City of San Bernardino 18 hereby authorized and directed to execute, on behalf of the City, an aareement for Community Development Block ;rant fundine with Greater San Bernardino Area Soecial Olvmoics, which alreement is attached hereto aa Ezhibit "1", and i. incorporated herein by referenced a. though fuly aet forth 13 at length. The alreement providee for the Irantine of Community 14 Development Block Grant fund. in the following amount of $10.000. 15 Section 2. 16 (a) The Authorizations to execute the above referenced agreement 17 i. re.cinded if the parties to the aare..ent fail to execute it within 18 sixty (60) days of the pa.sage of thi. le.olution. 19 III 20 III 21 //1 22 III 23 III 24 III 25 III 26 III 27 I I I 28 III - 1 - ,:::Jd- .,."- '- I RESOLDrIOII OF TBI CITY OF SAIl -nnIBO AImIORIZIS TBI EXEcurIOB OF A CDBG &e..~ 1IBTw... TBI CITY AlOl GlBATBR SAIl -nntBO A.u. SPECIAL tfI" 2 OLDPICS , , , c 3 4 5 6 I HlRBBY CERTIrr that the foregoina le.olution va. duly adopted by the llayor and COIIIIOn Council of the City of San Bernardino at a .eeting thereof, held on 7 the day of , 1992, by the followina 8 vote, to wit: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNCIL tlEIIBERS: iDI lAD &R.'I"I'lIB &R.qmrr ESTHEI ESTRADA JACX REILLY RALPH BEIl1WUlBZ MICHAEL IIAUDSLBY TOM KIKOR VALERlI POPE-LUDLAK ROIID MILLER City Clerk of The foreaoing resolution is hereby approyed this , 1992. day W.I. Holco.b, Mayor Approved a. to fOrll and legal content: JAMES r. PDMAN, ::y~ 24~ - 2 - c>>-- ."., ... ~ , ~ ( ,.-, l, r ,.~~ '- I STATE OF CALIFOUIA ) COUNTY OF SAIl BEDAIlDINO ) aa 2 CITY or SAIl BEDAIlDIIIO ) 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 Reaolution No. 18 a full, true and correct copy of that now on file in 6 thia office. 7 IN WITNESS WHEREOF, I have hereunto aet ~ hand and affixed the official a.al of the Kayor and C08Don Council of the City of hn 8 Bernardino thia _____ day of , 1992. 9 10 ]] 12 ]3 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 City Clerk Ci ty of San Bernardino By: Deputy - 3 - dd- ,.-- \...... ",-~. '- .".' I", J.GIlBBIIBNT THIS AGREEMENT is entered into effective as of the 1st dav of Julv 1992, at San Bernardino, Californis, between the City OF SAN BERNARDINO, a municipal corporation, referred to as "City", and GD1!''I"R1I SAN BD1IARDIlIO AREA SPECIAL OLtKPICS, a nonprofit community service organization, referred to as "Subrecipient". City and Subrecipient alree as follows: 1. Recita18. (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 representa that the expenditures authorized by this Agreement are for year round educational training to lowlmoderate income children who are mentally retarded and enable them to compete in various athletic prolrams and sports, which are valid and eligible community development purposes, as defined in CFR Part 570 in accordance with federal law and regulationa, and that all funds Iranted under this Agreement will be used for no purpose other than those purposes specifically authorized. The specific purposea 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. Cc) SUbrecipient will comply with applicable uniform administrative requirements, as described in 24 CFR, Part 570.502. Cd) Subrecipient will carry out each activity, program andlor ( project in compliance with all federal laws and regulationa as set forth in 24 -1- doZ ."., I '.,., ,. -.. , ~ .,...... \....". .,' "... '- CFIl, Part 570. with the fOllowing exceptions, (i) the Subrecipient does not assume the environmental responsiblities of the Grantee as described in 24 CFIl, Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's responsiblities for initiating the review process under Executive Order Number 12372. (e) SUbrecipient will comply with the requirements aet forth in the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended, (ORA), 49 CFIl, Part 24 in accordance with federal regulations when attemptina 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 CFIl, Part 24, as amended. 2. P.vat!!ll~... 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 $10.000. 3. Iu:L This Agreement shall COmmence Julv 1. 1992, and terminate June 30. liU. 4. UB. of ....".: Budllet:: !'ravel LimitatfOll. (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 Bernardino COIIIIIIUDity Development Department, a copy of Which is attached to this Agreement as Exhibit "B". This budget shall list all sources of funding -2- ';::>d, .".' I .,., " ~, (, r-- 1.....- '-' for the proarUl covered by this Agreement, Whether from State, Federal, local or private aources, and ahall identity Which sources are paying for Which specific portiona of the pro.ram, by line-item, to the extent practicable. (b) No Travel expensea for out-of-atate travel ahall be included in this program unless apecifically 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 ahall 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 Agreement. (d) Only net payroll ahall be pe~iodically reimbursed by City as an allowable cost. Any amounts withheld by SUbrecipient from an employee's pay for taxes, social aecurity, or other withholdinas are actually paid over to another entity, ahall DOt be included aa wagea 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 auch payment and the submission of evidence of auch payment to the City of San Bernardino Development Department, such expenses ahall be regarded as an allowable cost, and the City shall reimburse Subrecipient for such obligation. -3- cJ;L ,.. I.... " ~. c -- "--"-" '-. j (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 budaet submitted to City, not to exceed ten percent (lOX) as to BDY 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 ia obtained, it being understood that the total amount of the crant 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 reaerve for the future shall be established with the funds except as lIay be authorized to meet commi tments made for services provided durill& the periOd of this Agreement, but not yet Paid for at the conclusion of this Agreement. (c) 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 orcanization, local business licenses and BDY laws and regulations specific to the business and activity carried out by SUbrecipient. Reimbursement shall not be made to Subrecipient Which ia 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 expiration of this Agreement. -4- ci;)... ".' I ,"" ~ " ~, (, r" ""."", .--;../ - 5. AeeOUD~fft.! Audl~. (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 ~he 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 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 suthorized to audit community development block grant programs. (c) Standards for financial management systems and financial reporting requirements established by 24 CFR, Parts 85.20 and 85.22 8hall be fully complied with by Subrecipient. Subrecipient acknOWledges that the funds provided are federal funds. (d) SUbreeipient's financial manaaement 8Y8tem shall provide for accurate, current and complete discl08ure of the financial re8ults of each program sponsored by this Agreement. It is the responsibility of Subrecipient to adequately safeguard all assets of the proaram, and Sub recipient shall assure that they are used solely for authorized purposes. 6. Services A....llable ~o ...{dents: JIIonftorfn. .1'1" ReDOrth.. Proar.. Perfor..l'Iee. The services of SUbrecipient 8hall be made available to residents and inhabitant8 of the City of San Bernardino unless otherwise noted in -5- (d) ..:l r'" \.....- ...." - .".' L lllI. Exhibit "A". No person Shall be denied service because of race, color, national oriain, creed, sex, marital ststus, or physical handicap. SUbrecipient shall eomply with Affirmative Action auidelines in its employment practices. SUbrecipient shall also aonitor the program's activities and submit written reports quarterly, or aore 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 aay justify temporary withholdina as provided for in Paragraph "11" hereof. City reserves the right to waive such breach, without prejudice to ~ other of its rights hereunder, upon a finding by the Executive Director of the Development Department that such failure was due to extraordinary cireumstances and that such breach has ,. , been timely cured without prejUdice to the City. 7. Proeurf!!llent Praetle.: COD"lfet of 11lt;ere81:. SUbrecipient shall comply with procurement procedures and guidelines established by 24 CFR, Part 85.36(d)(1), Subrecipient "Procurement Standards". In addition to the specific requirements of 24 CFR, Part 85, Subrecipient shall maintain a eode or standards of eonduet which shall govern the performance of its officers, employees or agents in contracting with and expending the federal arant funds aade available to SUbrecipient under this Agreement. SUbrecipient's officers, employees or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or potential eontraetors. To the extent permissible by state law, rules, and regUlations, the standards adopted by Subreeipient shall provide for penalties, sanctions or other disciplinary actions to be applied for c violationa of such standards by either the SUbrecipients's officers, employees -6- ,)d-. I"~ ''''' """'"' ~ ".' I '", or agents, or by contractors or their aaents. Subrecipient shall provide a copy of the code or Uandards adopted to City forthwith. All procurement transactions without recard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The SUbrecipient shall be alert to orcanizational conflicts of interest or non-competitive practices among contractors Which may restrict or eliminate competition or otherwise restrain trade. SUbrecipient acrees 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. .. .An~f-~fa B.a Proviaiona: .aual bDloVlu!!D~ OD'Dartuni tv. All contracts for construction or repair using funds provided under this Agreement 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 ~ontractor or sUbgrantee shall be prohibited from indUCing, by any means, any person employed in the construction, completion o~ repair of public work, to give up any part of the c:omPeD8ation to which he/she 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 Agreement shall contain a provision requiring compliance with Bqual Employment Opportunity provisions established by Executive Order Number 11246, as amended. 9. Prey.114ft. Vaal! .eauip......t. Any construction contracts awarded by SUbrecipient using funds provided under this Agreement in excess of $2,000.00 shall include s provision , for compliance with the Davis-Bacon Act (40 U.S.C. 276(a) to 276(a)(7)) and as ~ -7- dd- ..." ,"-" ,~/ ~ ~' supplemented by Department of Labor Regulations (29 CFR). Under thiB act, I,...., contractors &hall be required to pay waaes to laborers and mechanics at a rate not less than the .intuum wages specified in a wage determination determination .ade by the Secretary of Labor. In addition, contractors shall place a copy of the current prevailing waae determination iBsued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the waae determination. SUbrecipient shall report all suspected or reported violationa to City. 10. ADDro'W"a1 Df City of amr t:harlle8: Uae of Prollr.. IneMle.. (a) City hereby requires SUbrecipient to notify the City in writing, of its intent to charge a fee for any service, the proviBion 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 c: ~ubrecipient 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 may inClUde, but will not be limited to, income from service fees, sale of commodities, usage and rental fees for real or personal property using 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 provisiona 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). , " -8- cJ.;( r.',"" \..j .~ '-' .".' I ..., 11. TeBlDDrarv Vit'hhftldiDJr. The Executive Director of the Development Department of the City of San Bernardino ia authorized to temporily withhold the payment of funds to Subrecipient When the Director determinu that any violation of th18 Agreement has occurred. Funda ahall be withheld until the violation is corrected to the aatiafaction of the Executive Director. Subrecipient ahall have the right to appeal the deciaion of the Executive Director to the Mayor and Common Council. The sole grounds for auch appeal ahall be that no violation of the Agreement haa occurred. Subrecipient shall file such appeal within fifteen (15) dsys after such first withholding. The Mayor and Common Council shall aet a date for the hearing of auch appeal Which 18 within thirty (30) days following the date of filing. 12. Records Retention. .".' Financial records, supporting documents, statistical records, and ~'all other records pertaining to the use of the funda provided under this Agreement shall be retained by Subrecipient for a period of three (3) years, at a minimum, and in the event of litigation, claim or audit, the records shall be retained until all litigation, claim or audit findings involving the records, have been fully reaolved. Records for non-expendable property acquired with federal funds provided under this Agreement shall be retained for three (3) years after the final dispOSition of such property. 13. PrODertv .""..l!BIt!D.t St.aftdard.8. Non-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 scquisition cost of one-thousand dollars ($1,000.00) or more per unit. .".' ,al property means land, inCluding land improvements, structures and ... -9- ;>~ -, "-' ~""""', .....,I tfI" appurtenances thereto, excluding movable machinery and equipment. ,", Non-expendable personal property and real property purchased with or improved by funds provided under this Agreement shall be subject to the property management standards set forth in 24 CFR, Part 85.32. 14. Tentinat:fon for Cauae. (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 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 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. ",' 'Jubrecipient shall be given an opportunity to appear before the Mayor and '" Common Council at the time at Which the Kayor and Common Council are to consider such recommended termination, and shall be given a reasonable opportunity to show cause Why, if any exists, the Aareement should not be terminated for cause. Upon deterllination by the Mayor and Common Council that the contract should 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 notice may be given orally at that hearing. The determination of the Mayor and Common Council as to cause shall be finsl. (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 Development Department to .". , -10- del ..,.-....... --- ,..-' - .".' I ..., establish a full record of all monies received by Subrecipient and to document the uses of same. 15. T'erah,atIOll for Con"tmfe:nee. City or Subrecipient may terminate this Agreement in Whole or in part provided both parties agree that the continuation of the project would not 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 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. Reversion of AIIsets. Subrecipient agrees that upon expiration of this Agreement, the SUbrecipient shall transfer to the City any and all CDBG funds not used at the time of expiration and 8D;Y accounts receivable att~ibutable to the use of CDBG ~ funds. Subrecipient agrees that any real property under ita 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 era, 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 s manner Which results in the City being reimbursed in the amount of the current fair market value of the property less 8D;Y 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. .", -11- ~,J, ,,"""'.-....... '-' r--'-. - .".' ! 17. Bold Banaless. ..., Subrecipient agrees to indemnify, save 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 losses, however occurring, or damages, arising or growing out of the use of or receipt of funds paid under this Agreement and all operations under this Agreement. Payments under this Agreement are ..de with the understanding that the City and the Development 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 agents of City and the Development Department. 18. Amendment. This Agreement ..y be amended or modified only by written agreement ,,",signed by both parties, and failure on the part of either party to enforce any llo., provision of this Agreement shall not be cODBtrued as a waiver of the right to compel enforcement of any provision or provisions. 19. AIIsitmMent. This Agreement shall not be assigned by SUbrecipient without the prior written consent of City. 20. Notices. All notices herein required shall be in writing and delivered in person or sent certified mail, postale prepaid, addressed as follows: All to City: All to Subredpient .". ICENNETH J. HENDERSON Executive Director Development Department Economic Development Agency 201 North "B" Street, Third Floor San Bernardino, CA 92401 Greater San Bernardino Area Special Olympics 547 North Sierra Way San Bernardino, CA ... -12- d,~ ..-'..... ........ ,..- -- tfI" ..., SUbrecipient shall provide to City evidence in the form of a certified copy of minutea of the &overning body of SUbrecipient, or other 21. h'id...ee of ..A1It'lIoritv. adequate proof, that this Agreement has been approved in all its detail by the governing body of the SUbrecipient, that the person(a) executing it are authorized to act on behalf of SUbrecipient, and that this Agreement is a binding obligation on SUbrecipient. 22. Certification of Allsuranee. Subrecipient shall comp17 with the program requirements attached hereto aa 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. 23. Entire AIIre__t. ,.. I " referred to herein integrates all terms and conditions mentioned herein or This Agreement and any document or instrument attached hereto or incidental hereto, and supersedes all negotiations and prior writing in reapect 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 Agreement shall prevail. 24. No Third Partv Beaeficiariu. No third party shall be deemed to have any rights hereunder against any of the parties hereto as a result of this Agreement. 1// //1 //1 III ." ... -13- c).-l r".... v r'C',"", - FY 1992/1993 CDBG .l~ BB11rAU CITY AlOl CII1l!&'rInI SAN BBIl1IARDIBO AREA SPECIAL OLDPICS , iIN WITNESS WHEREOF, the partie. hereto have executed this Agreement on the llo. ' date and 7ear firat hereinabove written. ArTBST: City Clerk SUBRECI Approved a. to form and legal content: B7: JAMES F. PDMAN, City Attorney BY: By: " ...., .4JR: 1..: 08001 Rev. 05/1992 tf1' " -14- CITY OF SAN R1nIIW&IInIllO By: J~