HomeMy WebLinkAbout21-Community Development
CI1C OF SAN BERNARD~ - REQU."'T FOR COUNCIL Ac
From:
Kenneth J. Henderson, Director
Subject: Approval of FY 1987/1988 CDBG
Agreement between City and
Family Service Agency of San Bernardino
Dept:
Community Development
Date: June 2, 1987
Synopsis of Previous Council ection:
On May 18, 1987, the Mayor and Common Council c;:onsidered and approved certain
FY 1987/1988 CDBG eligible programs, projects and activities.
Recommended moti~n:
ADOPT RESOLUTION
Lu. ~,~~
Contact person: Ken Henderson/Lisa Dickey
Phone:
~nh~
Supporting data attached: Staff Renort
Ward:
1-7
FUNDING REQUIREMENTS:
Amount: 20.000.00
(Rehabilitation)
Source:
FY R7/RR r.nRr.
Allocation
Finance:
Council Notes:
7&.0262
Agenda Item No
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cl10 OF SAN BERNARDI'-O - REQUE~T FOR COUNCIL ACTION
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STAFF REPORT
On May 11, 1987, the Mayor and Corrmon Council conducted the
CDBG Public Hearing and considered requests for financial
assistance for the upcoming fiscal year (1987/1988). The
Mayor and Common Council, subsequently, held a workshop on
May 18, '1987 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 FamiLY Service Agency
of San Bernardino includes a "scope of services" and "program
budget" attached to the agreement as Exhibits "A" and "B",
respectively. These Exhibits are incorporated by reference
as though fully set forth at length.
Adoption of the resolution by the Mayor and Common Council
would authorize and direct the Mayor to execute the agreement
as described her~in.
_L~,~
Kenneth J. Henderson
Director of Community Development
KJH/lab/0307
6/2/87
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PI':SOI.IJ'1'TOH NlIMBEl~
RESOLUTION OF THE CITY OF SAN BERNAEDIrO AUTHORIZING M-!D
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRAI"T
FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO /lND FArELY
SERVICE AGENCY OF SAN BERNARDINO.
BE IT RESOLVED BY THE i'1AYOR AND COm-ION COUNCIL OF THE CI~'\'
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The !"layor of the City of Sail Bernardino is
her~by authorized and directed to execute, on behalf of the
City, an agreement for Community Development. Block Grant funding
with Family Service Agency of San Bernardino, a copy of which
agreement is annexed hereto as Exhibit "1" and is incorporated
herein bl' refe(ence as though fully set forth at length. 'l'he
FlCJreement provides for the granting of COffiJlIlJPity Developl1lent.
BJ'-"'K Grant funds it' the following amount of $20,000.00
(r,)lahi ) i tat ion) .
I HEREBY CERTIFY that the foregoing resolution was duly
aoo['t<"a by tlle and Common CounciI of the City of San BE'rniE'1'no
:it A
meeting thereof, held on the
da ~i of
, 1987, by the following vote, to wit:
AYP.S:
Councilpersons
NAYES:
ABSENT:
ci ty Clerk
6/2/87
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The foregoing resolution is hereby approved this
day of , 1987.
Mayor, City of San Bernardino
Approved as to legal form
and content:
11
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City Attorney
6/2/87
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THIS AGREEMENT is entered into effective as of
July 1
, 1987, at San Bernardino, California,
between the CITY OF SAN BERNARDINO, a municipal corporation,
referred to as .CityW, and
FAMILY SERVICE AGENCY OF SAN BERNARDINO (rehabilitation) , a
nonprofit community service organization, referred to as wSub-
recipientw.
City and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance
from City for fiscal year 1987/1988 from funds available through
12 a community development block grant from the United States of
13 America to City.
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(b) Subrecipient represents that the expenditures
15 authorized by this agreement are for valid community development
16 purposes, in accordance with federal law and regulations, and
17 that all funds granted under this agreement will be used for no
18 purpose other than those purposes specifically authorized.
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The
specific purposes and scope of services of this particular grant
are set forth in Exhibit wAw, attached hereto and incorporated
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into this agreement as though fully set forth herein.
2. Pavments. City shall reimburse Sub recipient for
23 allowable costs incurred under the scope of this agreement and
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24 applicable Federal regulations, which have not been paid for or
25 reimbursed in any other manner by any other Agency or private
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source of funding. Reimbursement will be made at least on a
27 monthly basis, with the total of all such reimbursements not to
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exceed $
20,000.00
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1 3. Term. This agreement shall cOllllDence July 1, 1987
2 and terminate June 30, 1988 .
3 ~. Use of Funds, Budaet: Travel Limitation.
4 (a) The funds paid to Subrecipient shall be used by
5 it solely for the purposes set forth in Paragraph l(bl of this
6 agreement, and in accordance with the program budget submitted
7 by Sub recipient to the City of San Bernardino Community
8 Development Department, a copy of which is attached to this
9 agreement as Exhibit wBw. This budget shall list all sources of
10 funding for the program covered by this agreement, whether from
11 State, Federal, local or private sources, and shall identify
12 which sources are paying for which specific portions of the
13 program, by line-item, to the extent practicable.
14 (bl No travel expenses for out-of-state travel shall
15 be included in this program unless specifically listed in the
16 budget as submitted and approved, and all travel expenses to be
17 funded from funds provided hereunder shall be specifically
18 identified as travel expense, which shall be negotiated between
19 the City of San Bernardino Community Development Department and
20 Subrecipient in the budget. Any travel expenses incurred by
21 Subrecipient above the budgeted amount or for out-of-state
22 travel shall not be eligible for reimbursement unless the prior
23 written approval of the Director of Community Development of the
24 City of San Bernardino, or designee, has been obtained.
25 (c) Funds shall be used for purposes authorized by
26 the community development block grant program only, and no
27 portion of the funds granted hereby shall be used for any
28 purpose not specifically authorized by this agreement.
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(d) Only net payroll shall be periodically reimbursed
1 by City as an allowable cost. Any amounts withheld by
2 Subrecipient from an employee's pay for taxes, social security,
3 or other withholding and not immediately paid over to another
4 entity, shall not be included as wages or expenses eligible for
5 reimbursement as an allowable cost until such time as the
6 withheld taxes, social security, or other withho1dings are
7 actually paid over to another entity entitled to such payment.
8 Upon such payment and the submission of evidence of such payment
9 to the City of San Bernardino Community Development Department,
10 such expenses shall be regarded as an allowable cost, and the
11 City shall reimburse Subrecipient for such obligation.
12 (e) A variation in the itemization of costs, as set
13 forth in the proposed budget submitted to City, not to exceed
14 ten percent (10\) as to any particular line item, shall be
15 allowed, provided the prior written approval of the Director of
16 Community Development of the City of San Bernardino is obtained,
17 it being understood that the total amount of the grant shall not
18 be varied thereby.
19 (f) The parties intend that grant funds be utilized
20 within the time period covered by this agreement, and
21 entitlement to any funds not used shall revert to the city. No
22 reserve for the future shall be established with the funds
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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.
5. Accountinq: Audit.
(a) Prior to the final payment under this agreement,
and at such other times as may be requested by the Director of
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Community Development of the City of San Bernardino,
Sub recipient 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 3, 1988.
(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 RFR
and Attachment RGR 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 Sub recipient to adequately safeguard
all assets of the program, and Sub recipient 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
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audited annually,
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and provide
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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
Reoortina proaram Performance. The services of Subrecipient
shall be made available to residents and inhabitants of the City
8 of San Bernardino unless otherwise noted in Exhibit .A.. No
9 person shall be denied service because of race, color, national
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origin,'creed, sex, martial status, or physical handicap~
Subrecipient shall comply with Affirmative Action guidelines in
its employment practices.
Sub recipient shall also monitor the
program's activities and submit written reports quarterly, or
14 more often if requested, to the Director of Community
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Development of the City of San Bernardino, in accordance with
16 Attachment "H., Office of Management and Budget Circular No. A
Failure to provide such quarterly performance reports may
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110.
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prevent the processing by City of Sub recipient's requests for
reimbursement, and may justify temporary withholding as provided
for in paragraph 11 hereof.
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Procurement Practices: Conflict of Interest.
22 Subrecipient shall comply with procurement procedures and
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guidelines established by Attachment "0. to Office of Management
and Budget Circular No. A-l02, "Procurement Standards..
In
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addition to the specific requirements of Attachment .0. to
26 Circular No. A-l02, Subrecipient shall maintain a,code or
27 standards of conduct which shall govern the performance of its
~ officers, employees or agents in contracting with and expending
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1 the federal grant funds made available to Subrecipient under
2 this agreement. Subrecipient's officers, employees or agents
3 shall neither solicit nor accept gratuities, favors, or anything
4 of monetary value from contractors or potential contractors. To
5 the extent permissable by State law rules, and regulations, the
6 standards adopted by Subrecipient shall provide for penalties,
7 sanctions or other disciplinary actions to be applied for
8 violations of such standards by either the Subrecipient's
9 officers, employees or agents, or by contractors or their
10 agents. Subrecipient shall provide a copy of the code or
11 standards adopted to City forthwith. All procurement
12 transactions without regard to dollar value shall be conducted
13 in a manner so as to provide maximum open and free competition.
14 The Subrecipient shall be alert to organizational conflicts of
15 interest or non-competitive practices among contractors which
16 may restrict or eliminate competition or otherwise restrain
17 trade. Subrecipient agrees to adhere to conflict of interest
18 provisions set forth in 24 CFR Section 570.611 and to the
19 procurement rules specified in Office of Management and Budget
20 Circular No. A 102 Attachment "0" in its expenditure of all
21 funds received under this agreement.
22 8. Anti-Kick Back Provisions: Equal Emplovment
23 Opportunitv. All contracts for construction or repair using
24 funds provided under this agreement shall include a provision
25 for compliance with the Copeland "Anti-Kick Back" Act (18.U.S.C.
26 874) as supplemented in Department of Labor Regulations (29 CFR,
27 Part 3). This act provides that each contractor or subgrantee
28 shall be prohibited from inducing, by any means, any person
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employed in the construction, completion or repair of public
work, to give up any part of the compensation to which he 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
5 under this agreement shall contain a provision requiring
6 compliance with Equal Employment Opportunity provisions
7 established by Executive Order .11246 as amended.
8 9. prevailino Waoe Requirement. Any construction
9 contracts awarded by Subrecipient using funds provided under
10 this agreement in excess of $2,000.00 shall include a provision
11 for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a
12 7) and as supplemented by Department of Labor Regulations
13 (29CFR). Under this Act, contractors shall be required to pay
14 wages to laborers and mechanics at a rate not less than the
15 minimum wages specified in a wage determination made by the
16 Secretary of Labor. In addition, contractors shall be required
17 to pay wages not less often than once a week. Subrecipient
18 shall place a copy of the current prevailing wage determination
19 issued by the Department of Labor in each solicitation and the
20 award of a contract shall be conditioned upon the acceptance of
21 the wage determination. Subrecipient shall report all suspected
22 or reported violations to City.
23 10. Approval of City of any Charoes: Use of Prooram
24 Income. City reserves the right to require Subrecipient to
25 obtain the prior written approval of City of any charges or fees
26 to be charged by Subrecipient for services provided under this
27 agreement, and of any rules and regulations governing the
28 provision of services hereunder. Program income represents
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1 gross income earned by the Sub recipient from the federally
2 supported activities. Such earnings exclude interest earned on
3 advances and may include, but will not be limited to, income
4 from service fees, sale of commodities, usage and rental fees.
5 These funds shall be used first for eligible program activities,
6 before requests for reimbursement, or shall be remitted to the
7 city. Subrecipient shall remit all unspent program income to
8 the city within thirty (30) days subsequent to the end of the
9 program year (June 30, 1988). Interest earned on funds advanced
10 under the agreement shall be paid to the City.
11 11. Temporarv Withho1dinQ. The Director of the Community
12 Development of the City of San Bernardino is authorized to
13 temporarily withhold the payment of funds to Subrecipients when
14 the Director determines that any violation of this agreement has
15 occurred. Funds shall be withheld until the violation is
16 corrected to the satisfaction of the Director. Subrecipient
17 shall, have the right to appeal the decision of the Director to
18 the Mayor and Common Council. The sole grounds for such appeal
19 shall be that no violation of the agreement has occurred.
20 Subrecipient shall file such appeal within fifteen (15) days
21 after such first withholding. The Mayor and Common Council
22 shall set a date for the hearing of such appeal which is within
23 thirty (30) days following the date of filing.
24 12. Records Retention. Financial records, supporting
25 documents, statistical records, and all other records pertaining
26 to the use of the funds provided under this agreement shall be
27 retained by Subrecipient for a period of three (3) years, at a
28 minimum, and in the event of litigation, claim or audit, the
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records shall be retained until
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claims and audit
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all litigation,
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. Property Manaqement 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
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property management standards specified in Attachment wNw of
16 Office of Management and Budget Circular No. A-l02, "Property
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Management Standards".
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terminate this agreement and any and all grants and future
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payments under this agreement in whole or in part at any time
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before the date of completion of this agreement whenever City
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determines that the Sub recipient has failed to comply with the
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conditions of this agreement.
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terminate this agreement for cause, City shall promptly notify
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the Subrecipient in writing of the proposed termination and the
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reasons therefore, together with the proposed effective date.
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Subrecipient shall be given
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Mayor and Common Council at the time at which the Mayor and
14.
Termination for Cause.
City reserves the right to
In the event City seeks to
an opportunity to appear before the
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1 Common Council are to consider such recommended termination, and
2 shall be given a reasonable opportunity to show cause why, if
3 any exists, the agreement should not be terminated for cause.
4 Upon determination by the Mayor and Common Cquncil that the
5 contract should be terminated for cause, notice thereof,
6 including reasons for the determination, shall promptly be
7 mailed to the Subrecipient, together with information as to the
8 effective date of the termination. Such notice may be given
9 orally at that hearing. The determination of the Mayor and
10 Common Council as to cause shall be final.
11 15. Termination for Convenience. City or Subrecipient may
12 terminate this agreement in whole or in part provided both
13 parties agree that the continuation of the project would not
14 produce beneficial results commensurate with further expenditure
15 of funds. In such event, the parties shall agree upon the
16 termination conditions, including the effective date and, in the
17 case of partial terminations, the portion to be terminated. The
18 Sub recipient shall not incur new obligations for the terminated
19 portion after the effective date and shall cancel as many
20 outstanding obligations as possible. City shall allow
21 Subrecipient full credit for the City's share of the non
22 cancellable obligations properly incurred by the Sub recipient
23 prior to termination.
24 16. Hold Harmless. Subrecipient agrees to indemnify and
25 save harmless the City and its employees and agents from all
26 liabilities and charges, expenses (including counsel fees),
27 suits or losses, however occurring, or damages, arising or
28 growing out of the use of or receipt of funds paid under this
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2 City is not involved in the performance of services or other
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agreement and all operations under
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this agreement.
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Payments
under this agreement are made with the understanding that the
activities of the Subrecipient.
Sub recipient and its employees
4 and agents are independent contractors and not employees or
In the event of any termination, subrecipient
5 agents of city.
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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
sub recipient and to document the uses of same.
17. Amendment, This agreement may be amended or modified
11 only by written agreement signed by both parties, and failure on
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the part of either party to enforce any provision of this
agreement shall not be construed as a waiver of the right to
14 compel enforcement of any provision or provisions.
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18. Assiqnment. This agreement shall not be assigned by
16 Subrecipient without the prior written consent of City.
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18 writing and delivered in person or sent certified mail, postage
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27 City evidence in the form of a certified copy of minutes of the
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All notices herein required shall be in
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Notices.
prepaid, addressed as follows:
As to City:
As to Subrecipient:
Director
Community Development Dept.
City of San Bernardino
City Ball, Fifth Floor
300 North "D" Street
San Bernardino, Calif. 92418
Family Service Agency of San
Bernardino (Rehabilitation)
1669 North "E" Street
San Bernardino, CA 92411
20.
Evidence of Authoritv.
Subrecipient shall provide to
governing body of Subrecipient, or other adequate proof, that
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this agreement has
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been approved in
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all its detail by the
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governing body of the Subrecipient, that the person(s) executing
it are authorized to act on behalf of Subrecipient, and that
3 this agreement is a binding obligation on Subrecipient.
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IN WITNESS WHEREOF, the parties hereto have executed this
5 agreement on the day and year first hereinabove written.
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7 ATTEST:
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CITY OF SAN BERNARDINO
City Clerk
BY:
Mayor, of the City of
San Bernardino
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SUBRECIPIENT:
By:
President
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Approved as to form and.legal content except for Exhibits
and ~B" (which were not f<ubmitted for review):
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BY:
Secretary
"A"
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KJH/1b
0068
22 June, 1987
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FAMILY SERVICE AGENCY MAIN OFFICE IMPROVEMENT PLAN
FAMILY SERVICE AGENCY OF SAN BERNARDINO
May 29, 1987
The main office of the Family Service Agency of San Bernardino is located
at 1669 North "E" Street (Corner of 17th & "E") in the City of San Bernar-
dino, California. The main office is located within one mile of the San
Bernardino City Hall; Norman F. Feldheym Library; and the City Historical
and Pioneer Society building. Additional offices are located at 1655,1657,
1659,1661 North "E" Street, San Bernardino, and 9880 "H" Sierra Avenue in
Fontana, California. All buildings in San Bernardino at the above address-
es are owned by the Family Service Agency.
The main office building is approximately sixty years old and badly in
need of rehabilitation internally and externally. The facility rehabilita-
tion improvement plan calls for CDBG funding on a matching basis between
the City and County of San Bernardino, with the City of San Bernardino' .
being the lead Agency.
This main office capital improvement plan includes the following items
for rehabilitation:
1. Preperation and paint interior of the building complete to the
owner's choice of color. Includes removal of acoustical panels
on ceilings of 3 rooms, spray new acoustical ceilings through-
out interior and repairs as necessary.
2. Remove and install new commercial grade carpeting throughout
interior, excluding bath rooms, material not to exceed $10.00
per square yard.
3. Removal of existing air conditioning units and furnace. Install
ductwork and two (2) 4 ton heating/air conditioning units. Heat
to be heat pumps.
4. Remove and install new flat roof, build up roofing, and haul
away debris.
5. Install handicapped grab bars in 3 bathrooms. Install concrete
handicapped ramp at front entrance. Demolish and haul away ex-
isting. Rdto root all sewer and waste lines.
6. Check and verify existing wiring, circuits, fixtures and replace
necessary fixtures, outlets, switches, etc.. Install approxi-
mately 11 new outlets, replace and repair as necessary, install
3 six foot outlets ( 1 in each bathroom ).
7. Preperation and paint exterior of the building complete to the
owner's choice of color.
The estimated cost of this rehabilitation plan is $40,000, with $20,000
to be provided through CDBG funding with the City of San Bernardino and
$20,000 through CnBG funding with the County of San Bernardino.
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DETAILED CONTRACTS BUDGET
FSA OF SB MAIN OFFICE IMPROVEMENT PLAN
FAMILY SERVICE AGENCY OF SAN BERNARDINO
}Iay 29, 1987
ITEHIZED PROJECTED
REHABILITATION
PROJECTED COST
SB CITY CDBG
PROJECTED COST
SB COUNTY CDBG
TOTALS'
1. Advertise for bids $500.00 $500.00 $1,000.00
2. Prep & Paint Interior $3,690.00 $3,690.00 $7,380.00
3. Remove & Install Carpeting $3,500.00 $3,500.00 p,OOO.OO
4. Remove & Install Heating, $6,000.00 $6,000.00 $12,000.00
AIC and ducting
5. New flat roof $1,500.00 $1,500.00 $3,000.00
6. Ramp & 3 Bathrooms (Hndcpd.) $1,310.00 $1,310.00 $2,620.00
7. Electrical wiring to code $1,000.00 $1,000.00 $2,000.00
8. Prep & Paint Exterior $2,500.00 $2,500.00 $5,000.00
9. GRAND TOTAL EXPENDITURES
$20,000.00
$20,000.00
$40,000.00
All of the above projected rehabilitative expenditures are based on an estimate
provided by David A. Davies General Contractor, 8830 Somerset, Alta Lorna, California,
91701, License number #421996, Telephone number (714) 987-9811. For further infor-
mation please contact Mr. David A. Davies.
ELF:ef