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HomeMy WebLinkAbout19-Community Development . CITY OF SAN _R.2RDlNO - RI!GUBST ~ COUNCIL ACTION From: Kenneth J. Henderson, Director Dept: Community Development D.~: June 2, 1988 Subject: APPROVAL OF FY 1988/1989 CDBG AGREEMENT BETWEEN CITY AND SAN BERNARDINO COUNTY COMMUNITY HOUSING RESO BOARD Synopsis of Previous Council action: On March 7, 1988, the Mayor and Common Council adopted the FY 1988/1989 CDBG Program Mix and authorized staff to solicit CDBG funding proposals for the 1988/1989 fiscal year. On May 16, 1988, the Mayor and Common Council conducted the FY 1988/1989 CDBG Public Hearing for consideration of various proposals requesting CDBG funding. On May 16, 1988, the Mayor and Common Council considered and approved certain FY 1988/1989 CDBG eligible proqrams,projects and activities. Racommended motion: Adopt Resolution _~~ G.~ Contact person: Ken HendersonlLisa Dickey Phone: 5065 Supporting data attached: staff Report Ward: 1-7 FUNDING REQUIREMENTS: Amount: $25,000.00 Source: (Acct. No.) (Acct. DescriPtion) FY 1988/1989 CDBG ALLOCATION Finance: #-t?7~ 1f1..i.j~_ At' Council Notes: Aoenda Item No /9r ~ - - .. ...L . 0 CITY OF SAN .....iRDlNO - RI!QUI!ST FOR COUNCIL ACTION STAFF REPORT On May 16, 1988, the Mayor and Common council conducted the CDBG Public Hearing and considered requests for financial assistance for the upcoming fiscal year (1988/1989), and awarded community development funds to certain public service, capital improvement, fair housing and economic development projects. Agreements are now required to implement said projects. The attached agreement between City and San Bernardino County Community Housing Resources Board includes a "scope of services" and "program budget" attached to the agreement as Exhibits "A" and "B", respectively. These Exhibits are incorporated by referenced as though fully set forth at length. , Staff recommends adoption of the attached resolution. Adoption of the resolution by the Mayor and Common Council would authorize and direct the Mayor to execute the agreement as described herein. Development KJH/lab/0997 June 2, 1988 1 2 3 4 5 6 7 8 9 10 11 12 II lli o o RESOLUTION NUMBER RESOLUTION 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 SAN BERNARDINO COUNTY COMMUNITY HOUSING RESOURCES BOARD. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of the City, an agreement for Community Development Block Grant funding with San Bernardino County community Housing Resources Board, a copy of which agreement is annexed hereto as Exhibit "1", and is incorporated herein by reference as though fully set forth at 13 length. The agreement provides for the granting of Community 14 15 16 17 Development Block Grant funds in the following amount of $25,000.00. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the city of San Bernardino at a meeting thereof, held on the , 1988 by the following vote, to 18 19 20 wit: 21 22 23 24 day of Councilpersons AYES: NAYES: 25 26 27 28 ABSENT: city Clerk lab/0999 6-1-88 RESO: AUTH. Q, DIRECTING EXECUTION OF ~.DEV.BLOCK GRANT FUNDING AGREEMENT BETWEEN CITY AND SAN BERNARDINO COUNTY COMM. HOUSING RESOURCES BOARD 1 2 S 4 5 Approved as to legal form 6 and content: 7 8 9 10 The foregoing resolution is hereby approved this ____ day of , 1988. Mayor, City of San BernardinQ ~ +~ y Att ey Ilab 1016 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6-9-88 , o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A~B!.!.H!.H~ THIS AGREEMENT is entered into effective as of , 1988, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and SAN BERNARDINO COUNTY COMMUNITY HOUSING RESOURCES BOARD , a nonprofit community service organization, referred to as "Sub- recipient". city and Subrecipient agree as follows: 1. Recitals. (a) Subrecipient has requested financial assistance from City for fiscal year 1988/1989 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 this agreement are for valid and eligible 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 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. 2. Pavments. city shall reimburse Subrecipient for allow- able costs incurred under the scope of this agreement and applicable Federal regulations, which have not been paid for or reimbursed in any other manner by any other Agency or private 6-2-88 1 o o 1 source of funding. Reimbursement will be made at least on a 2 monthly basis, with the total of all such reimbursements not to 3 exceed $ '~rOOO.OO 4 3. Term. This agreement shall commence Julv 1. 1988 and 5 terminate .Tnnp 10 1 'l8'l 6 4. Use of Funds: Budaet: Travel Limitation. 7 (a) The funds paid to Subrecipient shall be used by it 8 solely for the purposes set forth in Paragraph l(b) of this 9 agreement, and in accordance with the program budget submitted 10 by Subrecipient to the City of San Bernardino Community 11 Oevelopment Department, a copy of which is attached to this 12 agreement as Exhibit "B". This budget shall list all sources of 13 funding for the program covered by this agreement, whether from 14 state, Federal, local or private sources, and shall identify 15 which sources are paying for which specific portions of the 16 program, by line-item, to the extent practicable. 17 (b) No travel expenses for out-of-state travel shall 18 be included in this program unless specifically listed in the 19 budget as submitted and approved, and all travel expenses to be 20 funded from funds provided hereunder shall be specifically 21 identified as travel expense, which shall be negotiated between 22 the City of San Bernardino community Development Department and 23 Subrecipient in the budget. Any travel expenses incurred by 24 subrecipient above the budgeted amount or for out-of-state 25 travel shall not be eligible for reimbursement unless the prior 26 written approval of the Director of Community Development of the 27 City of San Bernardino, or designee, has been obtained. 28 (c) Funds shall be used for purposes authorized by the 6-2-88 2 o o 1 Community Development Block Grant Program only, and no portion 2 of the funds granted hereby shall be used for any purpose not 3 specifically authorized by this agreement. 4 (d) Only net payroll shall be periodically reimbursed 5 by City as an allowable cost. Any amounts withheld by 6 Subrecipient from an employee's pay for taxes, social security, 7 or other withholding and not immediately paid over to another 8 entity, shall not be included as wages or expenses eligible for 9 reimbursement as an allowable cost until such time as the 10 withheld taxes, social security, or other withholdings are 11 actually paid over to another entity entitled to such payment. 12 Upon such payment and the submission of evidence of such payment 13 to the City of San Bernardino Community Development Department, 14 such expenses shall be regarded as an allowable cost, and the 15 City shall reimburse Subrecipient for such obligation. 16 (e) A variation in the itemization of costs, as set 17 forth in the proposed budget submitted to City, not to exceed 18 ten percent (10%) as to any particular line item, shall be 19 allowed, provided that the prior written approval of the 20 Director of Community Development of the City of San Bernardino 21 is obtained, it being understood that the total amount of the 22 grant shall not be varied thereby. 23 (f) The parties intend that grant funds be utilized 24 within the time period covered by this agreement, and 25 entitlement to any funds not expended or obligated shall revert 26 to the City. No reserve for the future shall be established with 27 the funds except as may be authorized to meet commitments made 28 for services provided during the period of this agreement, but 6-2-88 3. o o not yet paid for at the conclusion of this agreement. S. Accountina: Audit. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 and Attachment "G" of Office of Management and Budget Circular 22 No. A 110 shall be fully complied with by Subrecipient. 23 Subrecipient acknowledges that the funds provided are federal 24 funds. 25 26 27 financial results of each program sponsored by this agreement. 28 It is the responsibility of Subrecipient to adequately safeguard 6-2-88 4 (a) Prior to the final payment under this agreement, and at such other times as may be requested by the Director of Community Development 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, 1989. (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 authorized to audit community development block grant programs. (c) Standards for financial management systems and financial reporting requirements established by Attachment "F" (d) Subrecipient's financial management system shall provide for accurate, current and complete disclosure of the o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 all assets of the program, and Subrecipient shall assure that they are used solely for authorized purposes. (e) In addition to the foregoing, Subrecipient shall at its own expense have the City-funded portion of its program audited annually, and provide to City a copy of the audit report within sixty (60) days after receipt of the report by Subrecipient. Such audit must be performed by a certified Public Accountant or some other independent auditor approved in advance by the City'S Director of the community Development. 6. Services Available to Residents: Monitorina and Renort- ina Proaram 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 origin, creed, sex, marital status, or physical handicap. Subrecipient shall comply with Affirmative Action guidelines in its employment practices. Subrecipient shall also monitor the program's activities and submit written reports quarterly, or more often if requested, to the Director of Community Development of the city of San Bernardino, in accordance with Attachment "H", Office of Management and Budget Circular No. A 110. 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 provi~ed for in Paragraph 11 hereof. 7. Procurement Practices: Conflict of Interest. SUbrecipient shall comply with procurement procedures and guidelines established by Attachment "0" to Office of Management 6-2-88 5 o o 1 and Budget Circular No. A-102, "Procurement Standards". In 2 . addition to the specific requirements of Attachment "0" to 3 Circular No. A-102, Subrecipient shall maintain a code or 4 standards of conduct which shall govern the performance of its 5 officers, employees or agents in contracting with and expendinq 6 the federal grant funds made available to Subrecipient under 7 this agreement. Subrecipient's officers, employees or agents 8 shall neither solicit nor accept gratuities, favors, or anything 9 of monetary value from contractors or potential contractors. To 10 the extent permissable by state law, rules, and regulations, the 11 standards adopted by Subrecipient shall provide for penalties, 12 sanctions or other disciplinary actions to be applied for 13 violations of such standards by either the Subrecipient's 14 officers, employees or agents, or by contractors or their 15 agents. Subrecipient shall provide a copy of the code or 16 standards adopted to city forthwith. All procurement 17 transactions without regard to dollar value shall be conducted 18 in a manner so as to provide maximum open and free competition. 19 The subrecipient shall be alert to organizational conflicts of 20 interest or non-competitive practices among contractors which 21 may restrict or eliminate competition or otherwise restrain 22 trade. Subrecipient agrees to adhere to conflict of interest 23 provisions set forth in 24 CFR Section 570.611 and to the 24 procurement rules specified in Office of Management and Budget 25 Circular No. A 102 Attachment "0" in its expenditure of all 26 funds received under this agreement. 27 8. Anti-Kick Back provisions: Eaual Emnlovment 28 Onnortunitv. All contracts for construction or repair using 6-2-88 6 o o 1 funds provided under this agreement shall include a provision 2 for compliance with the Copeland "Anti-Kick Back" Act (18.U.S.C. 3 874) as supplemented in Department of Labor Regulations (29 CFR, 4 Part 3). This Act provides that each contractor or subgrantee 5 shall be prohibited from inducing, by any means, any person 6 employed in the construction, completion or repair of public 7 work, to give up any part of the compensation to which he is 8 otherwise entitled. Subrecipient shall report all suspected or 9 reported violations to City. All contracts in excess of 10 $10,000.00 entered into by Subrecipient using funds provided 11 under this agreement shall contain a provision requiring 12 compliance with Equal Employment Opportunity provisions 13 established by Executive Order #11246, as amended. 14 9. prevailina Waae Reauirement. Any construction contracts awarded by Subrecipient using funds provided under 15 this agreement in excess of $2,000.00 shall include a provision 16 17 for compliance with the Pavis-Bacon Act (40.U.S.C. 276a to 276a 18 7) and as supplemented by Department of Labor Regulations 19 (29CFR). Under this Act, contractors shall be required to pay 20 wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the 21 secretary of Labor. In addition, contractors shall be required 22 23 to pay wages not less often than once a week. Subrecipient 24 shall place a copy of the current prevailing wage determination 25 issued by the Department of Labor in each solicitation and the 26 award of a contract shall be conditioned upon the acceptance of 27 the wage determination. Subrecipient shall report all suspected 28 or reported violations to city. 6-2-88 7 - . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 10. Annroval of city of any Charaes: Use of.ProaraDl Irtcome. city reserves the right to require Subrecipient to obtain the prior written approval of city of any charges or fees to be charged by Subrecipient for services provided under this agreement, and of any rules and regulations governing the provision of services hereunder. Program income represents gross income earned by the Subrecipient from the Federally supported activities. Such earnings exclude interest earned on advances and may include, but will not be limited to, income from service fees, sale of commodities, usage and rental fees. These funds shall be used first for eligible program activities, before requests for reimbursement, or shall be remitted to the 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, 1989). Interest earned on funds advanced under the agreement shall be paid to the city. 11. Temnorarv withholdina. The Director of the Community Development of the city of San Bernardino is authorized to temporarily withhold the payment of funds to Subrecipients when the Director determines that any violation of this agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Director. Subrecipient shall have the right to appeal the decision of the 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 6-2-88 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6-2-88 o o 9 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 determines that the Subrecipient has failed to comply with the conditions of this agreement. In the event city 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 Common Council at the time at which the Mayor and Common Council are to consider such recommended termination, and shall be given a reasonable opportunity to show cause why, if any exists, the agreement should not be terminated for cause. Upon determination 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 final. 15. Termination for Convenience. 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 6-2-88 10 l o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 U 25 ~ 27 28 cancellable ob1iqations properly incurred by the Subrecipient prior to termination. 16. Hold Harmless. Subrecipient agrees to indemnify, save and hold harmless the City and its 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 made with the understanding that the City is 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. In the event of any termination, subrecipient shall forthwith provide to the Community Development Department any and all documentation needed by the Community Development Department to establish a full record of all monies received by subrecipient and to document the uses of same. 17. Amendment. This agreement may be amended or modified only by written agreement signed 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. 18. Assianment. This agreement shall not be assigned by Subrecipient without the prior written consent of city. 19. Notices. All notices herein required shall be in writing and delivered in person or sent certified mail, postage prepaid, addressed as follows: 6-2-88 11 - - o o 1 As to City: As t~ Subrecipient: Director Community Development Dept. ci~y of San Bernardino city Hall, Fifth Floor 300 North "0" street San Bernardino, Calif. 92418 Director Community Housing Resources 735 North liD" Street P.O. Box 6705 San Bernardino, CA 92403 Brd 2 3 4 5 6 City evidence in the form of a certified copy of minutes of the 7 8 20. Evid,nceof Authoritv. Subrecipient shall provide to governing body of Subrecipient, or other adequate proof, that this agreement has been approved in all its detail by the 9 qoverning body of the Subrecipient, that the person(s) executing 10 it are authorized to act on behalf of subrecipient, and that 11 this agreement is a binding obligation o~ Subrecipient. 12 13 14 15 16 17 18 21. Entire Aareement. This agreement and any document or instrument attached hereto or referred to herein integrates all terms and conditions mentioned herein or incidental h.e~eto, and supersedes all negotiations and prior writing 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 this 19 agreement shall prevail. 20 21 22 23 24 25 26 27 III IIII 28 6-2-88 12 .. ~ ~ ... , AGREEMENT BETWE~ITY OF SAN BERNARDINO AND f'\ SAN BERNARDINO dlI!INTY COMMUNITY HOUSING RESOURCZH'OARD 1 IN WITNESS WHEREOF, the parties hereto have executed this 2 agreement on the day and year first hereinabove written. 3 ATTEST: 4 5 City Clerk 6 7 8 9 10 11 Approved as to form 12 and legal content: ~j 13 ty At rney 14 KJH/lab/o068 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6-2-88 13 CITY OF SAN BERNARDINO BY: Mayor, of the City of San Bernardino SUBRECIPIENT: By: President BY: Secretary ~ - " - > . o o FAIR HOUSING EDUCATION PROGRAM SCOPE OF SERVICES I. Fair Housing Information and Education Services for the general pUblic: A. Development of educational materials, training courses and provide assistance to local agencies on the fair housing laws; publish in- formational and educational materials for the citizens and poten- tial home seekers, as well as members of the housing industry, realtors, Real Estate Board, mortgage companies, lenders, apartment managers, owners. B. Development and coordination of materials for organizations that have contact with the public: community agencies, libraries, local governmental offices, real estate and rental agencies, schools, etc. C. Contact local organizations who have a vested interest in providing housing information to the public; coordination of training work- shops, and speakers for fair housing programs, NAACP, Commission on the Status'of Women, Apartment OWners Association. D. Publish a newsletter of fair housing activities, and a brochure of all housing related agencies; coordination of Fair Housing Month activities, fair housing Poster Contest. E. Provide information and news releases to media for public service announcements. II. A. Coordinate and provide assistance to the housing industry regarding their obligations and rights under the fair housing laws and VAMA Program. B. Develop and provide training on fair housing laws and practices for housing related professionals; i.e. (apartment managers, real estate professionals, property management personnel, and rental agencies). C. Encourage usage of the equal opportunity housing logo in all housing advertising. D. Participation and coordination in housing trade shows and conventions with fair housing materials; workshops and training sessions. III. The CHRB will also: 1. Review and make recommendations of fair housing components of local housing related plans. 2. Make recommendations to local governments on needed and proposed leg- islation. 6-2-88 EXHIBIT "A" 11 o o Page 2 3. Monitor compliance by local agencies with fair housing laws. 4. Monitor housing programs. 5. Make recommendations for an equal housing opportunity plan for the local jurisdiction. 6. Conduct research on analysis of demographic changes, lending patterns, etc.. 7. Coordinate activfties with other organizations involved in fair housing and fair housing related activities. 8. Solicit broad-based support (financial, membership, volunteers, etc.) for fair housing activities. Activities will include the following: --Monthly Orientation Meeting- S.B. Valley Board of Realtors --quarterly fair housing workshop- apartment managers --coordination of fair housing month activities --meet with local community organizations --assessment of redlining in minority communities --publication of quarterly newsletter, fair housing brochure 6-2-88 ~. till L L 0' 0 SAN BERNARDINO COUNTY CHRB, INC. CITY OF SAN BERNARDINO BUDGET EXPENDITURE FAIR HOUSING PROGRAM 1988-89 BUDGET LINE ITEM #: 1. PERSONNEL: A) Wages $10,000.00 B) Fringes FlCA 625.00 SDI 175.00 SUI 300.00 Health Insurance 1,500.00 (Sub Total) $12,600.00 ITEM #: 2. CONSULTANT SERVICES: A) Audit - Audit Report $ 400.00 B) Bookkeeping - monthly service William P. Smith 225 RedlandsPlaza Redlands, CA 800.00 C) Clerical Assistance $7.00 PIH x 30 PIW 3,000.00 (Sub Total) $ 4,200.00 ITEM #: 3. TRAVEL: A) $.29 per mil e for 1 oca 1 travel for monitoring of rental units $ 1,000.00 ITEM #: .4. SPACE RENTAl: A) Offi ce Space $350.00 per month $ 1,200.00 B) Telephone Basic monthly service ($50.00) 500.00 (Sub Total) $ 1,700.00 6-2-88 EXHIBIT fiB" l ~ H 0 0 page Z ITEM #: 5. CONSUMABLE SUPPLIES: A) General Office Supplies pens, pads, typing paper, ribbons, correction tapes, folders, staples, clips, etc. B) Office Maintenance cleaning supplies - tissue paper towels, trash bags, etc. C) Postage for mailing of monthly reports, newsletters, bulk mail permit correspondence D) Purchase/Lease Equipment $ 2,500.00 ITEM #: 6. ADVERTISING - PRINTING - TRAINING A) Includes publishing of newsletters, radio, T.V., billboards, local print media for notification of fair housing services available. Education of VAMA Program with Boards of Realtors. B) Participation in training seminars and conferences to keep current with informa- tion and new legislation on Fair Housing issues and compliance requirements for housing industry groups. $ 3,000.00