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HomeMy WebLinkAbout12-Community Development - - el' .. OF SAN BERNARDI. :l - REQUE r FOR COUNc<'~~ 1; Dept: COMMUNITY DEVELOPMENT !~37 JAN - 8 i";: 3: 2 3 CENTER FOR COMMUNITY COUNSELING AND EDUCATION (AGAPE HOUSE) -- REQUEST FOR FINANCIAL ASSISTANCE AND APPROVAL OF CDBG AGREEMENT From: KENNETH J. HENDERSON, DIRECTOR Subject: r. '7 (" I', - I D ",I , ',' .~ F :: ii_V u. j... f"t..l. \,.,II " Date: DECEMBER 30, 1986 Synopsis of Previous Council action: None Recommended motion: ADOPT RESOLUTION. ~~ Signatu re Contact person: Ken Henderson/Lisa Dickey Phone: 5065 Supporti ng data attached: Yes/Staff Report Ward: 2 FUNDING REQUIREMENTS: Amount: $1,618.00 Source: CDBG ~..,.J,~.....o, Finance: tJ~ C .~ Council Notes: j..{Q-I"1 75.0262 Agenda I tern No. /,,2.,. - - - ell OF SAN BERNARD[ .) - REQUE r FOR COUNCIL ACl ~N STAFF REPORT The Center for Community Counseling and Education (AGAPE HOUSE) is requesting $1,618.00 (see attached application) in CDBG funds to install alarm system. The City-owned building, located at 607 E. Highland Avenue, is used by the Center for counseling of persons wjth drug problems/addiction. As noted in the attached letter, there have been four (4) break-ins and one (1) arson attempt, the most recent incident occurring several weeks ago. This has resulted in the Center utilizing its operating funds for replacement of stolen equipment and repair of damages. Mr. Toutant, Executive Director, has indicated to staff that funds, in the amount of $415.00, may be forthcoming from the Drug Task Force, which can be used to defray some of the cost for the alarm system installation. If received, this amount would be deducted from the $1,618.00 requested by Mr. Toutant, reducing CDBG assistance to $+-$1,203.00. This would reduce the Contingency Account from $76,405 to $74,787. On December 22, 1986, the Community Development Citizens Advisory Committee considered this matter and recommended to the Hayor and Common Council CDBG funding for this project (a quorum was not present). Staff believes that a significant benefit can be derived from a minimal investnlent in an ala rm system and requests that the Mayor and Common Council consider funding of this request fronl the FY 1986/1987 CDBG Contingency Fund Account, in the amount of $1,618.00. Staff recommends adoption of the attached resolution which would authorize and direct the Mayor to execute the agreement between the City of San Bernardino and the Center for Com- munity Counseling and Education. v' Director Department KJH/LRD/lb file: staffragapehous 12/30/86 75-0264 Together We Can Center. fO'l. Community Coun~e[in9 and Education Counseling and Prevention Services 607 E. HIGHLAND AVENUE SAN BERNARDINO. CALIFORNIA 92404 (714) 882-1706 December 18, 1986 Mr. Kenneth J. Henderson, Director Community Development Department Fifth Floor 300 North "D" Street San Bernardino, Ca. 92418 - -----) . I rn@ rn D~r- Uf I:t'l'l~ h \ . ~;~l/' Dear Mr. Henderson: Per my conversation with Ms. Lisa Dickey of your department today, I am requesting your immediate consideration of my request to allocate the sum of $1618.00 to secure a burglar alarm system for the Center for Community Counseling and Education (Agape House). Located on a city-owned bui!ding at Ferris Hill Park, we have experienced five burglaries and arson attempts in 1986 (the last attempt was less than two weeks ago). Naturally, our 'board of directors is very concerned about the loss of agency and city-owned property and potential injury to clients and staff. Our concern is so great that we have considered reloc~ting out of the City of San Bernardino and, regretfully, deny residents free drug cou~seling services. The Center for Community Counseling and Education is a private, not- for-profit agency which provides substance abuse counseling and related services to residents of East San Bernardino and adjacent areas. Incorporated in 1968 as a free clinic, we now offer five specific outpatient, drug pre- vention and education programs. Our funding base consists of an annual contract with the San Bernardino County Office of Alcohol and Drug Programs, fees for services, and donations from the general public. The Center for Community Counseling and Education is a not-for-profit community-based agency which has served San Bernardino residents at this location since 1967. Please consider our urgent request for an adequate alarm system to protect your building from thieves and arsonists. Our agency has provided quality drug counseling and prevention services to city residents for nearly twenty years and we desire to remain here indefinitely. S)~ rl~ p~ A~y::}Y' - ~_ (l~ Michael (9McDowell, Esq. Chairperson, Board of Directors Dr. Dennis Toutant Executive Director cc: Ms. Lisa Dickey, Community Development Department City of San Bernardino O~~pl !!' : Answer all questions which are applicable to your project as Aec1~~~~c~letely as possible. If more space is needed. attach separate sheet 1.1\\~Please TYPE or ~RINT.) ----------------------------------------------------------- ~~~------------ , ~------ PROJECT OBJECTIVE HOUSING PROJECT PROPOSAL CITY OF SAN BERNARDINO REDEVELOPMENT 1986-1987 COMMUNITY DEVELOPMENT BLOCK G CAPITAL IMPROVEMENTS ECONOMIC DEVELOPMENT x PUBLIC SERVICES X (NON-PROFIT ORGANIZATION) REHABILITATION FUNDS: Amount of Community Development Block Grant funds requested for this project: $ , ~ I 8. ~. [; _~ I. J "~' _ , {.! . .. ..:: APPLICANT INFORMATION --------------------------------------------------------------------------------------- Applicant/Organization: ion A a e House Address: 607 F ~j ghhnr'l Avp ~::ln RprMritA e: c'1'l . Z1 p Code :92404 Phone#: Federal J.D. No. Social Security No. (nonprofit corp): <\s - 3z&41Sgc+ ----------------------------------------------------------------------------------------- PROJECT INFORMATION Project Name: Rllr~1 ~r A 1 ::lrm ~c::tpm for Ag::!pp HOllRf> Project location (complete adaress or vicinity description: 607 E. Highland Ave.. S::ln Rprnl'lroino. c'1'l. 92404 Census Tract(s): Assessor Parcel Number: legal Property Owner: City of San Bernardino Brief Project Description (attach program narrative - ONE page only): Bur~lar alarm system to discourage burglaries and recent arson attempts on City- owned bui1din~. TYPE CJ:' PR~ECT _ New Construction _ Expansion _ Rehabilitation _ RetIIOde 1 ~ Purchase _ Fundi ng _ Additionai Funding Other u- , 1-..-'" OF WHAT SIZE _ New Building _ Existing Building Infrastructure (Sewer, water, streets. drainage.) Public Iml"ovements (park & recreation - facilities, landscaping, lighting. etc.) _ Facl1ity _ F acili ty Equi puent --!.Equipnent (burglar alarm s~stem) _ Program _ Study/Plan Other Building Sq. Footage (ex 1 sting! pro posed?) Parcel Size Lineal Footage ( in fratructure) PROJECT INTENSITY Number of Peo pl e to be Served Existing Ca pacity/Ca pac 1 ty Increase (infrastructure) National Object'ves (checK at least one): Which National Objective does this project further? Slum/Blight Removal Urgent Need (Health & Safety) Histor'c Preservation: Is there any known archaelogica1 or historical significance of the scructure. site area or with'n 1/2 m'le from project site? If so. expla'n: City-owned building in Perris Hill Park y Low Income Benefit x 8S0L PR~ECT PROPOSAL CITY OF SAN BERNARDINO REDEVELOPMENT AGENCY 1986/1987 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PR~ECT BUDGET AND SCHEDULE FORM 1. Applicant: Ctr. for C. C./Educ. 2. Project Name:Burglar Alarm System 3. Date Prepared: 11-20-86 4. PR~ECT BUDGET PERSONNEL SERVICES SUPPLIES MATERIALS CONTRACTS CAP IT AL OUTLAYS OTHER ( specify) TOTAL BUDGET a) CDBG FUNDS \\ ~ I (Cf~) I~'~.!! llo 18.1 b) CDBCi FUNDS (s pecf fy County or other) c) FEDERAL FUNDS , I I d) STATE FUNDS e) CITY FUNDS f) PRIVATE FUNDS , liD I~. 00 g) TOTAL - - 5. PR~ECT QUARTERLY 1986 1986 1987 1987 1987 1987 1988 EXPENDITURES 1st Otr. 2nd Otr. 3rd Otr. 4th Otr. 5th Otr. 6th Otr. 7th Otr. (SB Cfty CDBCi Funds Only) $ $ $ $ $ $ $ 6. MILESTONES J A S 0 N D J F M A M J J A S 0 N D J F M I. b. c. d. e. f. g. h. f. j. k. 1. PREPARED BY:~~ C~~ 1L.D TITLE: E.)(fcv+;v~ D;1'e.e~ DATE: \I.~t..j.8lD ",,,rol I' ~50NITROL ~ I P.O. BOll 6830 Soln Bern.lrdino. CA 92412 Consumer Affairs lie. No. LA 000382 Stdte Contrdctor lie. No. ~73594 (714) 889-1161 NAME: ADDRESS: CITY: CONTACT: Agape House it> 07 ~ E. Highland Ave. San Bernardino. CA 92404 Dennis ~E~lE Ji PRbT~1N C 1- Sonitrol 1500 Control Panel 1- Ext~r;or ~;r~n 6- Passive Infrared Detectors 1- Bt'ltt~ry R~ck-np 4- Pedestrian Mt'lgnetic Door Contacts 1- Hold-np Rntton 1- Floor Hatch Magnetic Contact 1- Key Pad Entry Control Installation Price $ 1 , 543 . 00 Monthly Service Charge S .35.00 ~~~ 1- RJ31X Telco Interface Jack Required Installation" Price $ ]5.00 (Approximately) Monthly Charge S N/c. System Includes: $5,000.00 Warranty YES 0 NOKJ Employee Control Reports YES 0 NOKJ Fire Inspection Cycle N / A · 24 hour service and lifetime parts and labor, Guarantee included at no extra charge. Security Represen'aliv~ .4-;;;:; license Number LU000382 ~Y!4n? RESOLUTION NUMBER 1 2 3 4 5 6 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING A~~ DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CENTER FOR COMMUNITY COUNSELING AND EDUCATION (AGAPE HOUSE). 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 7 hereby authorized and directed to execute, on behalf of the 8 City, an agreement for Community Development Block Grant funding 9 with ~lore Attractive Community (MAC), a copy of which agreement 10 is annexed hereto as Exhibit "1" and is incorporated herein by 11 reference as though fully set forth at length. The agreement 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provides for the granting of Community Development Block Grant funds in the following amount of $1,618.00. 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 day of , 1987, by the following vote, to wit: Councilpersons AYES: NAYES: ABSENT: City Clerk 12/30/86 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 The foregoing resolution is hereby approved this day of Approved as to form: City Attorney k j hi lb file: cdbgresolution , 1987. Mayor, City of San Bernardino 12/30/86 bgB~~M~NT THIS AGREEMENT is entered into effective as of January 19, 1987 , 1987, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and Center for Community Counseling and Education 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 1986/1987 from funds available through a community development block grant from the United States of America to City. (b) Subrecipient represents that the expenditures authorized by this agreement are valid community development purposes, 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 sent forth in Exhibit "A", attached hereto and incorporated into this agreement as though fully set forth herein. 2. Payrr~nts. 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 reimbursed in any other manner or by any other Agency. Reimbursement will be made a least on a monthly basis, with the total of all such reimbursements not to exceed $ 1,618.00 . ) '- 3. Term. This ag reement shall commence .T;lnll:lrv 1 Q 19A] . , June 10, 19R7 and terminate 4. Use of Funds: Budget: Travel Limitation. 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. 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- town 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 his or her designee, has been obtained. 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 specif- ically authorized by this agreement. 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 -2- ..-r 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 allowable cost, and the City shall reimburse Subrecipient for such obligation. 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 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. At the end of the term, all unex- pended shall be returned to the City by Subrecipient. The parties intend that grant funds be utilized within the time period covered by this agreement, and any funds not used shall revert to the City. No reserve for the future shall be established with the funds except as may be authorized to meet commitments made for services provided during the period of this agreement, but not yet paid for at the conclusion of this agreement. 5. Accounting. Prior to the final payment under this agreement, and at such other times as may be requested by the Director of Community 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 accruing to the organization for the fiscal year ending lQR~!19R7 Financial records shall be maintained by Sub recipient in accordance -3- with generally accepted accounting principles, in a manner which permits City to trace the expenditures of funds to source docu- mentation. 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. Standards for financial management systems and financial reporting requirements established by Attachment nFn and Attachment nGn of Office of Management and Budget Circular No. A-IIO shall be fully complied with by SUbrecipient. Subrecipient acknowledges that the funds provided are federal funds. Sub- recipient'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 all assets of the program, and Subrecipient shall assure that they are used solely for authorized purposes. 6. Services Available to Residents: Monitoring and Reporting Program Performance. The services of Subrecipient shall be made available to residents and inhabitants of the City of San Bernar- dino unless otherwise noted in Exhibit nAn. No person shall be denied service because of race, color, national origin, creed, sex, martial 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 Department of the City of San Bernardino, in accordance with Attachment nan, Office of Management and Budget Circular No. A-llO. Failure to provide such quarterly -4- performance reports may prevent the processing by City recipient's requests for reimbursement, and may justify withholding as provided for in Paragraph 11 hereof. 7. Procurement Practices. Subrecipient shall comply with procurement procedures and guidelines established by Attachment nOn to Office of Management and Budget Circular No. A-102, nprocurement Standardsn. In addition to the specific requirements of Attachment nOft to Circular No. A-102, Subrecipient shall maintain a code or standards of conduct which shall govern the performance of its officers, employees or agents in contracting with and expending the federal grant funds made 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 contractors. To the extent permissable by State law rules, and regulations, the stan- dards adopted by Subrecipient shall provide for penalties, sanc- tions or other disciplinary actions to be applied for violations of such standards by either the Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among con- tractors which may restrict or eliminate competition or otherwise restrain trade. Subrecipient agrees to adhere to the procurement rules specified in Office of Management and Budget Circular No. A of Sub- temporary -5- /,:J/-iJ /.i-t. 102 Attachment "0" in its expenditure of all funds received under this agreement. 8. Anti-Kick Back Provisions: Equal Employment Opportunity. All contracts for construction or repair using funds provided under this agreement shall include a provision for compliance with the Copeland "Anit-Kick Back" Act (18.U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This act provides that each contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which 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 under this agreement shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order #11246 as amended. 9. Prevailing Wage Requirement. Any construction contracts awarded by Subrecipient using funds provided under this agreement in excess of $2,000.00 shall include a provision for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a-7) and as supple- mented by Department of Labor Regulations (29CFR). Under this Act, contractors shall be required to pay wages to laborers and mech- anics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, con- tractors shall be required to pay wages not less often than once a week. Subrecipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon -6- /' / ,; J ~ ,/. ... the acceptance of the wage determination. Subrecipient shall report all suspected or reported violations to City. 10. Approval of City of any Charges: Use of Program Income. 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 here- under. Program income represents gross income earned by the Sub- recipient 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, 1986). Interest earned on funds advanced under the agreement shall be paid to the City. 11. Temporary withholding. The Director of the Community Development Department 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 or the Mayor and Common Council. Subrecipient shall have the right to be heard by the Mayor and Common Council if Subrecipient maintains no violation of the agreement has occurred, which hearing shall be held within forty-five (45) days after the funds have first been withheld, -7- provided Subrecipient requests such hearing within fifteen (15) days after such first withholding. 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 re- tained 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. Property Management 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 "N" 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 determines that the Subrecipient has failed to comply with the conditions of this -8- /"'/:>'1./:';' 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 oppor- tunity to show cause why, if any exists, the agreement should not be terminated for cause. Upon determination by this Mayor and Cornmon Council that the contract should be terminated for cause, notice thereof, including reasons for the determination, shall promptly be given to Subrecipient, together with information as to the effective date of the termination. 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 condi- tions, 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 Sub recipient full credit for the City's share of the non-cancellable obligations properly incurred by the Subrecipient prior to termination. 16. Hold Harmless. Subrecipient agrees to indemnify and save harmless the City and its employees and agents from all liabilities -9- 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. 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 enforce- ment of any provision or provisions. 18. Assignment. 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: As to City: As to Subrecipient: Director Community Development Dept. City of San Bernardino City Hall, Fifth Floor 300 North "D" Street San Bernardino, Calif. 92418 f:enter for f:oT'1T'1unity Counseling anrl Education 607 E. Highland Avenue San Bernarrlino, f:alifornia 92404 20. Evidence of Authority. Subrecipient shall provide to City evidence in the form of a certified copy of minutes of the governing body of Subrecipient, or other adequate proof, that this agreement has been approved in all its detail by the governing body of the Subrecipient, that the person(s) executing it are authorized -10- ) ~ /';>~/'.,. - -- to act on behalf of Subrecipient, and that this agreement is a binding obligation on Subrecipient. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first hereinabove written. ATTEST: CITY OF SAN BERNARDINO City Clerk BY: Mayor, of the City of San Bernardino SUBRECIPIENT: BY: President BY: Secretary Approved as to legal form: City Attorney KJH/lb file: cdbgagreement December, 1986 -11-