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CITY OF SAN _R..Q.bINO - R.QUI!ST ~ COUNCIL ACTION
From: Kenneth J. Henderson, Director
Dept: Community Development
0ttI: June 2, 1988
Subject:
APPROVkL OF FY 1988/1989
CDBG AGREEMENT BB'l'WBEN CITY
AND INLAND MEDIATION BOARD
Synopsis of Prtvious 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 programs, projects and activities.
Racommended motion:
Adopt Resolution
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Signature
Supporting data attached:
Ken Henderson/Lisa Dickey
Staff Report
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Phone:
Ward:
5065
Contact person:
FUNDING REQUIREMENTS:
Amount:
$25,000.00
Source: (Acct. No.1
(Acct. DescriDtionl
FY 1988/1989 CDBG ALLOCATION
Fin..ct;ltrL,.~ JIG-- J
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Council Notes:
Aaen~em Nod I.
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CITY OF SAN ....JiRDlNO - RI!QUI!ST iR 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 Inland Mediation 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.
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Kenneth J. He derson
Director of Communit Development
KJH/lab/0997
June 2, 1988
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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 ANn INLAND
MEDIATION 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 Inland Mediation Board, a copy of which agreement is
annexed hereto as Exhibit "1", and is incorporated herein by
The agreement
reference as though fully set forth at length.
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. Bernardino at a
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provides for the granting of Community nevelopment 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
meeting thereof, held on the
, 1988 by the followinq vote, to
day of
wit:
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Councilpersons
AYES:
NAYES:
ABSENT:
City Clerk
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RESO: AUTH. ~ DIRECTING EXECUTIONOF C~.DEV. BLOCK GRANT
FUNDING AGREEMENT BETWEEN CITY AND INLAND MEDIATION BOARD
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The foregoing resolution is hereby approved this ____ day of
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Approved as to legal form
6 and content:
7
, 1988.
Mayor, City of San Bernardino
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/ J.ty Att ey
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25 2. Pavments. city shall reimburse Subrecipient for allow-
26 able costs incurred under the scope of this agreement and
27 applicable Federal regulations, which have not been paid for or
28 reimbursed in any other manner by any other Agency or private
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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 INLAND MEDIATION 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 CPR 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.
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source of funding. Reimbursement will be made at least on a
monthly basis, with the total of all such reimbursements not to
exceed $ '~, nnn nn
3. Term. This agreement shall commence JulY 1. 1988 and
terminate .Jnn.. 3n, 1989 .
4. Use of FUnds: 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 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 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 Community 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 Director of Community Development of the
City of San Bernardino, or designee, has been obtained.
(c) FUnds shall be used for purposes authorized by the
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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 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 withholding and not immediately 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 withholdings are
actually 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 Community Development Department,
such expenses shall be regarded as an allowable cost, and the
City shall reimburse Subrecipient for such obligation.
(e) 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
Director of Community Development of the City of San Bernardino
is obtained, it being understood that the total amount of the
grant shall not be varied thereby.
(f) The parties intend that grant funds be utilized
within the time 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
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not yet paid for at the conclusion 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 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 "Fa
and Attachment "G" of Office of Management and Budget Circular
No. A 110 shall be fully complied with by Subrecipient.
Subrecipient acknowledges that the funds provided are federal
funds.
(d) Subrecipient's financial management system shall
provide for accurate, current and complete disclosure of the
financial results of each program sponsored by this agreement.
It is the responsibility of Subrecipient to adequately safeguard
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all assets of the program, and Subrecipieht.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. Servic~s Available to Residents: Monitorina and ReDort-
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 quarte~ly, 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 Bu4get Circular No. ~
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 provided
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
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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 aqents in contracting with and expendin~
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 sh~ll 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 exp~nditur. 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
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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 Resulations (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
15 contracts awarded by Subrecipient using funds provided under
16 this agreement in excess of $2,000.00 shall include a provision
17 for compliance with the Davis-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
21 minimum wages specified in a wage determination made by the
22 Secretary of Labor. In addition, contractors shall be required
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.
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1 10. Atltlroval of Citv of anv Charaes: Use of ~roaram
2 Income. City reserves the right to require Subrecipient to
3 obtain the prior written approval of city of ary charges or fees
4 to be charged by Subrecipient for services provided under this
5 agreement, and of any rules and regulations governing the
6 provision of services hereunder. Program inco~e represents
7 gross income earned by the Subrecipient from the Federally
8 supported activities. Such earnings exclude interest earned on
9 advances and may include, but will not be limited to, income
10 from service fees, sale of commodities, usage and rental fees.
11 These funds shall be used first for eligible program activities,
12 before requests for reimbursement, or shall be re~itted to the
13 city. Subrecipient shall remit all unspent program income to
14 the city within thirty (30) days subsequent to the end of the
15 program year (June 30, 1989). Interest earned on funds advanced
16 under the agreement shall be paid to the city,
17 11. Temtlorarv Withholdina. The Director of the community
18 Development of the City of San Bernardino is authorized to
19 temporarily withhold the payment of funds to subrecipients when
20 the Director determines that any violation of this agreement has
occurred. Funds shall be withheld until the violation is
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22 corrected to the satisfaction of the Director. Subrecipient
23 shall have the right to appeal the decision of the Director to
24 the Mayor and Common Council. The sole grounds for such appeal
25 shall be that no violation of the agreement has occurred.
26 Subrecipient shall file such appeal within fifteen (15) days
27 after such first withholding. The Mayor and Common Council
28 shall set a date for the hearing of such appeal which is within
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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 funds 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, claims and audit
findings involving the records, have been fully resolved.
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 Manaaement Standards. 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 acquisition cost of three hundred dollars ($300.00) or
more per unit. Real property means land, including land
improvements, structures and 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 specified in Attachment: "Nn of Office of
Management and Budget Circular No. A-102, "Property Management
Standards".
14. Termination for Cause. City reserves the right to
terminate this agreement 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
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1 determines that the Subrecipient has failed to comply with the
2 conditions of this agreement. In the event City seeks to
3 terminate this agreement for cause, city shall promptly notify
4 the Subrecipient in writing of the proposed termination and the
5 reasons therefore, together with the proposed effective date,
6 Subrecipient shall be given an opportunity t9 appear before the
7 Mayor and Common Council at the time at which the Mayor and
8 Common Council are to consider such recommended termination, and
9 shall be given a reasonable opportunity to show cause why, if
10 any exists, the agreement should not be terminated for cause.
11 Upon determination by the Mayor and Common Council that the
12 contract should be terminated for cause, notice thereof,
13 including reasons for the determination, shall promptly be
14 mailed to the Subrecipient, together with information as to the
15 effective date of the termination. Such notice may be given
16 orally at that hearing. The determination of the Mayor and
17 Common Council as to cause shall be final.
18 15. Termination for Convenience. City or Subrecipient may
19 terminate this agreement in whole or in part provided both
20 parties agree that the continuation of the project would not
21 produce beneficial results commensurate with further expenditure
22 of funds. In such event, the parties shall agree upon the
23 termination conditions, including the effective date and, in the
24 case of partial terminations, the portion to be terminated. The
25 Subrecipient shall not incur new obligations for the terminated
26 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
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cancellable obligations 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:
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As to City:
Director
Community Development Dept.
city of San Bernardino
City Hall, Fifth Floor
300 North "0" street
San Bernardino, Calif. 92418
As to Subrecipient:
Director
Inland Mediation Board
420 North Lemon Avenue
Ontario, Calif. 91764
20. Evidence of Authoritv. Subrecipient shall provide to
evidence in the form of a certified copy of minutes of the
7 governing body of Subrecipient, or other adequate proof, that
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this agreement has been approved in all its detail by the
governing 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 on Subrecipient.
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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 hereto, 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
ocument or instrument, the terms and conditions of this
agreement shall prevail.
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AGREEMENT BETWEEnITY OF SAN BERNARDINO AND 0
INLAND MEDIATION~ARD
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2 agreement on the day and year first hereinabove written.
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IN WITNESS WHEREOF, the parties hereto have executed this
ATTEST:
CITY OF SAN. BERNARDINO
City Clerk
BY:
Mayor, of the City of
San Bernardino
SUBRECIPIENT:
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9 By: President
10 BY:
11 Secretary
Approved as to form
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13 ~ C ty orney
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INLAND MEDIATION BOARD
SCOPE OF SERVICES
The Fair Housing Program services to be provided by Inland
Mediation Board consists of the following:
1. Hiring, salary, benefits, and full responsibility for
its staff:
2,
Training volunteers to handle mediation
perform telephone counseling, and initiate
resolutionl
sessions,
complaint
3. Makinq an "ffor" to n('qot iatt' or mediate a remedy
between landlords and tenants I
4. Accepting complaints from individuals alleging discri-
mination in housingl
5. Making an effort to negotiate or mediate cases of
discrimination in housing and if unsuccessful refer
cases for further investigation to the State Department
of Fair Employment and Housingl
6. Providing FHA mortgage default counseling services,
7. Publicizing the existence of the Board throughout the
Service areal
8. Preparing monthly statistioal reports for the County,
Commission and City on the number of complaints/
questions, the status of their resolutions, and related
information as required and requested by the
Commission, County or City,
9. Conducting two housing workshops per year to inform the
entire community as to its rights and responsibilities
under State and Federal laws with respect to Fair
Housing,
10. Disseminating materials for the public regarding State
and Federal laws with respect to Fair Housing,
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11. Acting as referral agency for those persons who require
technical or professional information as may be
available from existing community organizations or
other institutions I and
12. Handling all administrative duties pertaining to
accrued costs of operation and paying all bills,
13, Furnishing the County, Commission and City with a
copy of a financial audit completed within 12 months
of execution of the contract, but in no case later
than June 30, 1989.
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Inland Mediation Board
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ACTIVITY DESCRIPTION
INLAND MEDIATION BOARD
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This project activity is designed to complement the strategy for
increasing housing opportunities for members of minority groups
and female-head of households and including efforts to achieve
special deconcentration of such housing opportunities and actions
to affirmatively further for housing.
The projected budget for mediation services from a main office
located in the City of Ontario.
FAIR HOUSING
Projected Budget
July 1, 1988 through June 30, 1989
Expenses
Salaries
1.
Personnel:
a. Wages
b. Fringe Benefits
Sub Total.
Consultant/Contract Service
a. Audit/Bookkeeping
b. Computer Maintenance
c. Copier Maintenance
Sub Total
3,800
1,020
650
5,470
1,130
13,500
City of San
Bernardino
$ 11,210
1,653
$ 12,863
$ 768
206
131
$ 1,105
228
2,729
$ 606
364
81
61
$ 1,162
$ 62
162
$ 223
$ 1,011
1,049
$ 2,060
$ 4,245
263
172
$ 4,680
$25,000 (City)
420 N. Lemon Avenue . Ontario. CA 91764 . (714) 984-2254 · (800) 321-0911
$55,450
8,175
63,625
2.
3.
4.
5.
Travel
Space Rental
Consumable Supplies
a. Gen~ral Office Supplies
b. Postage
c. Workshop
d. Training Material
Sub Total
Rental, Lease or Equipment Purchase
a. Computer Software
b. Furniture Purchase
Sub Total
Insurance
a. Business' Property Liability 5,000
b. Personal Liability-Errors' Omissions 5.190
Sub Total 10,190
3,000
1,800
400
300
5,500
6.
300
800
1,100
7.
8.
Other:
a. Telephone
b. Promotion' Advertising
c. Office Cleaning
Sub Total
21,000
1,300
850
23,150
TOTAL