HomeMy WebLinkAbout1996-289
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RESOLUTION NO.
96-289
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE DIRECTOR OF P ARKS, RECREATION AND COMMUNITY SERVICES
3 DEPARTMENT TO EXECUTE A CONTRACT WITH COUNTY OF SAN
4 BERNARDINO TO PROVIDE THE YOUTH MENTORING PROGRAM AND
REPEALING RESOLUTION 96-276.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
6 THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Director of Parks, Recreation and Community
Services Department of the City of San Bernardino is hereby authorized and
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directed to execute a contract with the County of San Bernardino to provide the
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Youth Mentoring Program. A copy of said contract is attached hereto, marked
12 Exhibit "A" and incorporated herein by reference as fully as though set forth at
13 length.
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15 SECTION 2. Resolution 96-276 is hereby repealed.
16 SECTION 3: The authorization granted hereunder shall expire and be
17 void and of no further effect if the agreement is not executed by both parties and
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returned to the Office of the City Clerk within sixty (60) days following the
effective date of the resolution.
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IRis 96-28~
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES
2 DEPARTMENT TO EXECUTE A CONTRACT WITH COUNTY OF SAN
BERNARDINO TO PROVIDE THE YOUTH MENTO RING PROGRAM AND
3 REPEALING RESOLUTION 96-276.
4
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
5 the Mayor and Common Council of the City of San Bernardino at a joint regular
meeting thereof, held on the 16th day of SeptEllDl?'*996, by the following
6 vote to wit:
7
8 COUNCIL MEMBERS
9 NEGRETE
10 CURLIN
11 ARIAS
12
OBERHELMAN
13
14 DEVLIN
AYES
NAYS
ABSTAIN AIHNT
x
x
x
x
x
15 ANDERSON
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20
x
MILLER
x
\J()f)(V,Cij )n;dtfl[f.,)W1! ill
/ CITY CLERK -f""(/'
The foregoing resolution is hereby approved this It Ii. day of September
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, 1996.
---;;:~~%4~
Tom Minor, Mayor
City of San Bernardino
24 Approved as to form
25 and legal content:
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James Penman
City?ttor ey
By: ~-hV'
28 9/16/ J
9-~
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RES 96-289.
M. JTES OF THE BOARD OF SUPi' VISORS
OF SAN BERNARDINO COUNTY, CALIFORNIA
Agree. 96-887
Septernber 24, 1996
FROM:
THOMAS R. LAURIN, DIRECTOR
DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
SUBJECT:
CONTRACT WITH THE: CITY OF SAN BERNARDINO FOR AT -RISK
YOUTH MENTORlNG PROGRAM. FIFTH DISTRICT
RECOMMENDATION: Approve contract with the City of San Bernardino in the amount of
$19,500 for the Mayor's Youth Task Force/Parks and Recreation Department Mentoring
Program to provide mentoring and support services, during the period of September 1, 1996
through February 28, 1997, to at-risk youths from low-and moderate-income households
residing within the unincorporated areas and the CDBG participating communities of the Fifth
Supervisorial District.
BACKGROUND INFORMATION: Each year the County receives an entitlement grant under
the Community Development Block Grant (CDBG) program for funding activities that benefit
low-and moderate-income families. On April 16, 1996, the Board of Supervisors approved the
1996-1997 Consolidated Plan which includes the County's CDBG application. As part of that
application, $19,500 was allocated for the San Bernardino Mayor's Youth Task ForcelParks
and Recreation Department Mentoring Program, to provide at-risk youth mentoring and support
services. Under this contract, program recipients will receive mentoring, Moring, learning
assistance, and support services. The contract specifies the tenns and assurances necessary
for compliance with County requirements and CDBG program regulations.
REASON FOR RECOMMENDATION: CDBG Regulation 24CFR570.503, Agreements With
Subrecipients, and County of San Bemardino Standard Policy No. 11-10 require Board of
Supervisors' approval of contracts.
REVIEW BY OTHERS: The contract was reviewed and approved by Deputy County Counsel
Paul Sl John on September 12, 1996; Risk Management (Pamela Thompson) on September
10, 1996: and the Department of Economic and Community Developmenfs Contract
Compliance designee (Dave Larsen) on September 12, 1996. This action was reviewed by
staff of the Fifth Supervisorial District on September 10, 1996.
FINANCIAL DATA: CDBG funds in the amount of $19,500 have been allocated to this
project. This action has no effect on the County General Fund.
PRESENTER: Thomas R. Laurin, Director, 388-0808.
cc:
ECD w/agreement
COntractor w/agreement rJo EC
Auditor w/agreement
Contract Compliance w/agree
Risk Management
GSG
File w/agreement
MOTION
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ITEM 009
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RES 96-289
"
-,
E I' r"......... Vendor Code Dep Contract Number
Mf- Change SC ECD IA 9 t- Ff7
X Cancel
County Department Dept. Orgn. Contractor's License No.
Economic and Community Development ECD PRO)
<fltmrA~W.ar~ontract Representative Ph1tli'.liSOS Amount of C~ntract
S19,5 0
Fund I Dept. I Organization I Appr. I Obj/Rev Source Activity I GRC/PROJ/JOB Number
SBA ECD PRO) 200 2005 00001554
Commodity Code Estimated Payment Total by Fiscal Year
FY Amount I/O FY Amount I/O
Project Name 96 S19,500
Fifth District Y cuth Mentoring - - - -
Program ~ S.B. City Parks and - - - -
- - - -
Recreation (#350.22227/1554)
FOR COUNTY USE 0'.. v
County of San Bernardino
FAS
CONTRACT TRANSMITTAL
City of San Bernardino
CONTRACTOR
N/A
Federal 10 No. or Social Security No.
Mr. John Kramer, Mentoring Program Coordinator
95-6000772
Birth Date
Contractor's Representative
Address
547 North Sierra Way, San Bernardino, CA 92410
Phone
(909) 384-5233
Nature of Contract: (Briefly describe the general terms of the contractJ
This ContraCt, between the County of San Bernardino and the City of San Bernardino provides $19,500 of Community
Development Block Grant (CDBG) funds for the Mayors Youth Task Force/Parks & Recreation Department Mentoring
Program. The CDBG funds will be used to provide a mentoring and support program for at-risk youths from seven (7)
middle schools within the unincorporated areas of the Fifth Supervisorial District and the City of San Bernardino. Under
this program, the City will establish a Mentoring Advisory Board to include representatives from the business community,
local schools, civic leaders, churches, service clubs and local colleges, The program's primary goal is to help the community
by assisting at-risk youths from the targeted schools in improving their academic skills to reduce the drop-out rate,
preventing teen pregnancy, reducing juvenile delinquency, curtailing the use of illegal drugs and decreasing the gang
involvement rate.
The Contract term is September I, 1996 to February 28, 1997. Payments under the terms of this Contract will be made in
the form of expenditure reimbursements.
(Attach this transmittal to all contracts not prepared on the "Standard Contract" form.)
Reviewed as to Affirmative Action
Reviewed for Processing
~~#~~
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Agency AdministratorfCAD
Date
Date
02.12294.000 A.v 11/90
RES 96-289.
CONTRACT
This Contract is made and entered into this SEP 24 1996 day of
19 , by and between the County of San Bernardino, hereinafter referred to as "COUNTY", and the City of San
Bernardino, hereinafter referred to as "CITY".
WITNESSETH
WHEREAS, COUNTY has entered into a contract with the United States of America through its Department
of Housing and Urban Development, hereinafter referred to as "HUD", to execute the COUNTY Community
Development Block Grant (CDBG) Program under the Housing and Community Development Act of 1974, as
amended, hereinafter referred to as the "ACT"; and,
WHEREAS, COUNTY Department of Economic and Community Development hereinafter referred to as
"ECD", is authorized to act on behalf of COUNTY in administering the COUNTY CDBG program; and,
WHEREAS, CITY through the Mayor's Youth Task Force and City Park and Recreation Department desires
to participate in the COUNTY CDBG program and is qualified by reason of experience, preparation, organization,
staffing, and facilities to provide at-risk youth mentoring and related support services, hereinafter referred to as
MENTORING PROGRAM"; and,
WHEREAS, COUNTY recognizes the public benefit in providing such a program to low-and moderate-income
persons.
NOW TIfEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be
derived therefrom, the parties agree as follows:
l. SCOPE OF SERVICES
The CITY of San Bernardino will establish a mentoring and support program for at-risk youth from seven (7)
middle schools (Exhibit I of6, SUPPLEMENTAL - ELIGIBLE SCHOOLS LIST) within the unincorporated
areas of the Fifth Supervisorial District and the City of San Bernardino. The program will help the community
by assisting the at-risk youths from the targeted schools in improving their academic skills to reduce the drop-
out rates, preventing teen pregnancy, reducing juvenile delinquency, curtailing the use of illegal drugs and
decreasing the gang involvement rate. A full description of the services provided under the terms of this
contract is outlined in Exhibit I of 6; PROJECT/ACTIVITY DESCRlPTION.
At least 51 % of the beneficiaries of the at-risk youth in the CITY shall be from low-and moderate-income
households. Approximately 4,775 students (72%) from the 7 middle schools' total population of 7,700
students have been identified as being eligible, based on having qualified for the federally subsidized, "Free
or Reduced Cost Lunch Program".
Unless specified otherwise, ECD shall have the authority to represent COUNTY regarding the terms and
conditions of this Contract and the administration thereof.
City Park and Recreation Department shall have the authority to represent CITY regarding MENTORING
PROGRAM, the terms and conditions of this Contract and the administration thereof.
RES 96-289
2. TIME OF PERFORMANCE
Said services of CITY are to commence September 1, 1996 and shall be completed no later than February 28,
1997.
3. COMPENSATION AND METHOD OF PAYMENT
For performance of such services, COUNTY shall provide CDBG funds not to exceed nineteen thousand five
hundred dollars ($ 19,500). This payment shall constitute full and complete compensation for CITY services
under this Contract. For the purpose of this Contract, COUNTY shall disburse compensation and monitor
CITY performance in satisfying the scope of work obligations under the terms of this Contract.
Disbursement of payments to CITY shall be made by monthly reimbursements, contingent upon COUNTY
receipt of a monthly summary statement for each previous months' expenditures which conforms to the
BUDGET SUMMARY, attached hereto as Contract Exhibit 2 of 6. Monthly expenditure reports shall be
documented with" Audit Ready" supportive evidence of each expenditure and proof of payment, in accordance
with HUD regulations. The monthly expenditure report submitted by CITY must list the "Other Sources" that
are co-funding budget line items as stated in Exhibit 3 of 6, BUDGET JUSTIFICATION - SUPPLIES /
SERVICES. Reimbursements shall be limited to the total of approved properly documented expenditures.
Each monthly reimbursement shall be evenly amortized over the remaining term of this contract unless
otherwise approved by ECD. All requests for reimbursement must be submitted no later than 60 days after
the expiration of this Contract.
CITY must submit said monthly expenditure reports by the 10th calendar day of every calendar month
regardless of expenditure amount. After receipt by COUNTY of each properly documented expenditure,
COUNTY will draw a warrant in favor of CITY for approved expenditure amount. Expenditure reports
received after the tenth (10th) calendar day of the month in which payment is requested will cause unavoidable
delays in payment processing.
4. BUDGET SECTION
No more than the amounts specified in the BUDGET SUMMARY, attached hereto as Contract Exhibit 2 of
6, may be spent for the separate cost categories specified in the BUDGET SUMMARY without prior written
approval of COUNTY. Contract Exhibit 3 of6, BUDGET JUSTIFICATION - SUPPLIES / SERVICES,
explains the basis of valuation for each cost category shown on the BUDGET SUMMARY.
5. USE OF FUNDS
Funds allocated pursuant to this Contract shall be used exclusively for costs included in CITY budget.
Contract funds shall not be used as security or to guarantee payments for any non-program obligations, nor
as loans for non-program activities.
6. BUDGET MODIFICATIONS
ECD Director or his designee may grant budget modifications to this Contract for the movement of funds
within the budget categories identified in Contract Exhibit 2 of 6, BUDGET SUMMARY, when such
modifications:
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RES 96-289
a. Do not exceed $10,000 per budget cost category;
b. Are specifically requested by CITY;
c. Do not alter the amount of compensation with this Contract;
d. Will not change the project goals or scope of services;
e. Are in the best interests of COUNTY and CITY in perfonning the scope of services under this
Contract; and
f. Related to salaries, are in accordance with applicable salary ordinances or laws.
7. CHANGES IN GRANT ALLOCATION
COUNTY reserves the right to reduce the grant allocation when COUNTY fiscal monitoring indicates that
CITY rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant
allocation will be done after consultation with CITY. Such changes shall be incorporated into this Contract
by written amendments.
8. REVENUE DISCLOSURE REOUlREMENT
By its execution of this Contract, CITY certifies that it has previously filed with ECD, a written statement
listing all revenue received, or expected to be received, by CITY from federal, state, city or COUNTY sources,
or other governmental or private agencies, and applied or expected to offset in whole or in part any of the costs
incurred by CITY in conducting current or prospective projects or business activities, including, but not
necessarily limited to, the project or business activity which is the subject of this Contract. Such statement
shall reflect the name and a description of such project or business activity, the dollar amount of funding
provided, or to be provided, by each and every agency to each such project or business activity, and the full
name and address of each such agency. During the tenn of this Contract, CITY shall prepare and file a similar
written statement each time it receives funding from any agency which is in addition to that revenue disclosed
in CITY initial revenue disclosure statement hereunder. Such statement shall be filed with ECD within fifteen
(15) calendar days following receipt of such additional funding. CITY shall make available for inspection and
audit to COUNTY representatives, upon request, at any time during the duration of this Contract and during
a period of three (3) years thereafter, all of its books and records relating to the operation by it of each project
or business activity which is funded in whole or in part with governmental monies, whether or not such monies
are received through COUNTY. All such books and records shall be maintained by CITY at a location in San
Bernardino County. Failure of CITY to comply with the requirements of this section of the Contract shall
constitute a material breach of contract upon which COUNTY may cancel, tenninate, or suspend this Contract.
9. JOINT FUNDING
For programs in which there are sources of funds in addition to CDBG funds, CITY shall provide proof of such
funding. COUNTY shall not pay for any services provided by CITY which are funded by other sources. All
restrictions and/or requirements provided in this Contract relative to accounting, budgeting, and reporting
apply to the total program regardless of funding sources.
10. PROGRAM INCOME
Program income represents net income directly generated from the use of CDBG funds by CITY as a result
of the activity funded under the tenns of this Contract. When such income is generated by an activity only
partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds
used. CITY shall retain the use of program income by returning program income to COUNTY and requesting
project budget increases for activities authorized under this Contract. Program income shall be returned to
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RES 96-289
COUNTY within thirty (30) days after: a) disposition or sale of real or personal property occurs or; b)
cumulative program income reaches increments of one thousand dollars ($1,000); or c) the end of each fiscal
year. CITY shall include in the reports required by Paragraph 21, Program Reporting, all sources and amounts
of program income on a monthly and year-to-date basis.
Program income returned by COUNTY to CITY shall be spent by CITY on only those costs authorized under
this Contract. All provisions of this Contract shall apply ~o said use of program income funds. CITY shall
account for the receipt and use of program income in such a way that program income is spent on authorized
activities before additional CDBG funds are spent.
Any program income on-hand when this Contract expires or is received after such expiration, shall be paid
to COUNTY.
II. FISCAL LIMIT A nONS
The United States of America through HUD may in the future place programmatic or fiscallimitation(s) on
CDBG funds not presently anticipated. Accordingly, COUNTY reserves the right to revise this Contract in
order to take account of actions affecting HUD program funding. In the event of funding reduction, COUNTI
may reduce the budget of this Contract as a whole or as to cost category, may limit the rate of CITY authority
to commit and spend funds, or may restrict CITY use of both its uncommitted and its unspent funds. Where
HUD has directed or requested COUNTY to implement a reduction in funding, in whole or as to cost category,
with respect to funding for this Contract, ECD may act for COUNTI in implementing and effecting such a
reduction and in revising the Contract for such purpose. Where COUNTY had reasonable grounds to question
the fiscal accountability, financial soundness, or compliance with this Contract of CITY, COUNTY may act
to suspend the operation of this Contract for up to sixty (60) days upon three (3) days notice to CITY of its
intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any
revision made by COUNTY affect expenditures and legally binding commitments made by CITY before it
received notice of such revision, provided that such amounts have been committed in good faith and are
otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines.
12. NONEXPENDABLE PROPERTY
A record shall be maintained for each item of nonexpendable property acquired for this program with CDBG
funds. This record shall be provided to COUNTY upon request. Nonexpendable property shall include
tangible personal property, including but not limited to office equipment, and real property and any interest
in such real property, including any mortgage or other encumbrance of real property as well as any funds
derived from the sale or disposal of nonexpendable property. Any utilization of funds derived from the sale
or disposition of nonexpendable property must have prior approval of COUNTY and otherwise comply with
all applicable laws and regulations. Upon termination of this Contract, COUNTY reserves the right to
determine the final disposition of said nonexpendable property acquired for this program with CDBG funds,
including funds derived therefrom. Said disposition may include COUNTY taking possession and title of said
nonexpendable property. Nonexpendable personal property means tangible personal property having a useful
life of more than one (I) year and an acquisition cost of $500 or more per unit.
13. EXPENDABLE PERSONAL PROPERTY
Expendable personal property refers to all tangible personal property other than nonexpendable personal
property. All purchased expendable personal property with a unit value of$500 or more per unit must have
the prior written approval of the ECD Director, or his designee.
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RES 96-289
14. PURCHASE OR LEASE OF NONEXPENDABLE PROPERTY OR EOUIPMENT
Upon approval by COUNTY, CITY shall obtain three documented bids prior to purchasing or leasing any
nonexpendable personal property or equipment over $500 in unit value and having a life expectancy of more
than one (I) year. Such property shall be properly identified and inventoried and shall be charged at its actual
price deducting all cash discounts, rebates, and allowances received by CITY. This inventory shall be
provided to COUNTY upon request.
IS. ACOUISITION OF SUPPLIES AND EOUIPMENT
CITY may purchase from a related agency/organization only if: (a) prior authorization is obtained in writing
from COUNTY, (b) charges do not exceed the authorized amount and minimum written specifications are met,
(c) a community related benefit is derived from such CITY related acquisition, and (d) no conflict of interest
for private gain accrues to CITY or its employees, agents or officers.
COUNTY reserves the right to disallow any purchase from any vendor of supplies, equipment, nonexpendable
property or expendable property which is purchased in whole or in part with funds provided by this Contract.
CITY may seek prior approval of COUNTY for any such expenditures, and prior approval which is granted
shall be binding on COUNTY unless such expenditure violates federal law or regulations or is disallowed by
HUD.
16. PURCHASE AND INVOICE DEADLINES
Purchase of equipment or property must be completed before the last three (3) months of the initial
performance period and all equipment bills are to be paid before the last two (2) months of this period. No
expendable or nonexpendable property or equipment is to be purchased during the final three (3) months of
the initial performance period unless approved by COUNTY in writing. Invoices for all obligations incurred
under this Contract must be submitted to ECD Fiscal Division within sixty (60) days after the initial
performance period termination date or they may not be honored. Exceptions to the preceding limitations
require prior written approval by ECD.
17. TRAVEL AND CONFERENCE RESTRICTIONS
CITY certifies and agrees that travel and conference expenses for persons other than employees of CITY, will
not be paid by funds provided through this Contract. No travel expenses for out-of-state travel shall be
included in this Contract unless specifically listed in the BUDGET SUMMARY, Contract Exhibit 2 of 6,
which is attached and incorporated herein. CITY further agrees that any travel expense incurred by CITY
which is not listed in the Budget Summary shall not be paid by funds provided through this Contract unless
prior written approval of ECD Director has been obtained.
18. USE OF FUNDS FOR ENTERTAINMENT. GIFTS. OR FUND RAISING ACTIVITIES
CITY certifies and agrees that it will not use funds provided through this Contract to pay for entertainment,
gifts, or fund raising activities.
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RES 96-289
19. MONITORING
ECD Director or his designee will conduct periodic program monitoring reviews. These reviews will focus
on the extent to which the planned program has been implemented and measurable goals achieved,
effectiveness of program management, and impact of the program. Authorized representatives of COUNTY
and HUD shall have the right of access to all activities and facilities operated by CITY under this Contract.
Facilities include all files, records, and other documents related to the performance of this Contract. Activities
include attendance at staff, board of directors, advisory committee and advisory board meetings and
observation of on-going program functions. CITY will permit on-site inspection by COUNTY, and HUD
representatives, and ensure that its employees and board members furnish such information, as in the
judgement of COUNTY and HOD representatives, may be relevant to the question of compliance with
contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program.
20. BENEFICIARY OUALIFICATION
Persons qualifying for program services on the basis of income, hereinafter referred to as BENEFICIARIES,
shall have an annual household gross income equal to or less than the U.S. Department of Housing and Urban
Development (HUD) Section 8 (of the United States Housing Act of 1937) Income Limits. HUD Section 8
Income Limits for the Riverside-San Bernardino RMSA, define the maximum annual household gross income
for low-and moderate-income households. CITY is responsible for obtaining from COUNTY the said current
applicable HUD Section 8 Income Limits for each year of the Contract term identified in Paragraph 2, Time
of Performance. Under CDBG regulations, the following clientele categories are presumed to be low-and
moderate-income persons and can qualify for service regardless of income: Abused Children; Battered
Spouses; Elderly Persons (60 and older); Handicapped Persons; Homeless Persons; Illiterate Persons; Migrant
Farm Workers. CITY shall document the household income of all BENEFICIARIES on completed copies of
the "MONTHLY PROGRAM PROGRESS REPORT - PART II", Exhibit 6 of6 and submit these reports to
COUNTY on a monthly basis. CITY shall retain these forms for three years (3) after conclusion of this
Contract.
21. PROGRAM REPORTING
CITY agrees to prepare and submit fmancial, program progress, evaluations, and other reports as required by
HUD or COUNTY directives. CITY shall maintain such property, personnel, fmancial and other records and
accounts as are considered necessary by HOD or COUNTY to assure proper accounting for all Contract funds.
All CITY records, with the exception of confidential client information, shall be made available to
representatives of COUNTY and the appropriate federal agencies. CITY is required to submit data necessary
to complete the Annual Grantee Performance Report in accordance with HOD regulations in the format and
at the time designated by COUNTY Director ofECD or his designee. By the tenth (10th) of each month,
CITY shall submit a completed PROGRAM PROGRESS REPORT, Exhibit 5 of 6, for the month being
reported. CITY shall also provide the MONTHLY DIRECT BENEFIT information included on this exhibit,
as necessary for completion of the Annual Grantee Performance Report.
22. ACCOUNTING
CITY must establish and maintain on a current basis an adequate accounting system in accordance with HUD
directives and generally accepted accounting principles.
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RES 96-289
23. AUDITS
CITY is required to arrange for an independent financial/compliance audit performed within the direction of
Generally Accepted Auditing Standards and Government Auditing Standards. Said audit shall be conducted
for the term of this contract. When CITY receives $25,000 or more in federal funds from all funding sources
within a fiscal year, the required audit must be performed in compliance with OMB Circular A-133.
CITY shall submit a copy of the audit report to COUNTY within thirty (30) clays of completion. Within thirty
(30) days of the submittal of said audit report, CITY shall provide to COUNTY a written response to any
concerns or findings identified in said audit report. The response must examine each concern or fmding and
explain a proposed resolution, including a schedule for correcting any deficiency. All actions to correct said
conditions or findings shall be taken within six (6) months after receipt of the audit report.
COUNTY, or any state or federal agency, may make additional audits or reviews, as necessary, to carry out
the responsibilities of CITY under COUNTY, state or federal laws and regulations. CITY agrees to cooperate
fully with all persons conducting said additional audits or reviews. COUNTY and its authorized
representatives shall, at all times, have access for the purpose of audit or inspection, to any and all books,
documents, papers, records, property, and premises of CITY.
If indications of misappropriation or misapplication of the funds of this Contract cause COUNTY to require
an additional audit, the cost of the audit will be encumbered and deducted from this Contract budget. Should
COUNTY subsequently determine that the additional audit was not warranted, the amount encumbered will
be restored to the Contract budget. CITY shall reimburse all misappropriation or misapplication of funds to
COUNTY. In the event COUNTY uses the judicial system to recover misappropriated or misapplied funds,
CITY shall reimburse COUNTY legal fees and court costs in addition to awards.
24. ASSIGNMENT
This Contract is not assignable by CITY without the express written consent of COUNTY. Any attempt by
CITY to assign any performance of the terms of this Contract shall be null and void and shall constitute a
material breach of this Contract.
25. TERMINATION AND TERMINATION COSTS
This Contract may be terminated in whole or in part at any time by either party upon giving their (30) days
notice in writing to the other party. Agreement must be reached by both parties as to reasons and conditions
for termination in compliance with the provisions of federal regulations at 24 CFR Part 84.61, Termination
for Convenience. ECD is hereby empowered to give said notice subject to ratification by the COUNTY Board
of Supervisors.
COUNTY may immediately terminate this Contract upon the termination, suspension, discontinuation or
substantial reduction in CDBG funding for the Contract activity or if for any reason the timely completion of
the work under this Contract is rendered improbable, infeasible or impossible. If CITY materially fails to
comply with any term of this Contract, COUNTY may take one or more of the actions provided under federal
regulation at 24 CFR Part 84.62, Enforcement, which include temporarily withholding cash, disallowing non-
compliant costs, wholly or partly suspending or terminating the award, withholding further awards, and other
remedies that are legally available. In such event, CITY shall be compensated for all services rendered and
all necessarily incurred costs performed in good faith in accordance with the terms of this Contract that have
been previously reimbursed, to the date of said termination to the extent that CDBG funds are available from
HUD.
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RES 96-289
26. REVERSION OF ASSETS
Upon Contract tennination CITY shall transfer to COUNTY all CDBG funds on-hand at the time of expiration
and any accounts receivable attributable to the use of CDBG funds.
All real property acquired or improved in whole or in part with CDBG funds under this Contract must continue
in the use that provides the service benefits and national objectives for which it was funded, or it must be
disposed of in a manner resulting in a reimbursement to COUNTY in the amount of the current fair market
value of the property less any portion thereof attributable to expenditures of non-CDBG funds for the
acquisition of, or improvement to, the property.
27. TIME OF PERFORMANCE MODIFICATIONS
ECD Director may grant time of perfonnance modifications to this Contract when such modifications:
a. In aggregate do not exceed twelve (12) calendar months;
b. Are specifically requested by CITY;
c. Will not change the project goals or scope of services;
d. Are in the best interests of COUNTY and CITY in perfonning the scope of services under this
Contract; and
e. Do not alter the amount of compensation under this Contract.
28. INDEPENDENT CONTRACTOR
All parties hereto in the perfonnance of this Contract will be acting in an independent capacity and not as
agents, employees, partners, joint venturers, or associates of one another. The employees or agents of one
party shall not be deemed or construed to be the agent or employees of the other party for any purpose
whatsoever.
29. AFFIRMATIVE ACTION AND CONTRACT COMPLIANCE
CITY shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide
equal employment and career advancement opportunities for minorities and women. In addition, CITY shall
make every effort to employ residents of the area and shall keep a record of the positions that have been
created directly or as a result of this program.
COUNTY has a goal of 15 percent Minority Business Enterprise (MBE), 5 percent Women Business
Enterprise (WBE), and 3 percent Disabled Veteran Business Enterprise (DVBE) participation in all contracts.
CITY agrees to comply with the provisions of the Affinnative Action Compliance Program of COUNTY and
rules and regulations adopted pursuant thereto. CITY shall comply with Executive Orders 11246, 11375,
11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964, the California Fair Housing and
Employment Act, California Public Contracts Code 2000 and COUNTY MlWBE/DVBE Policy No. 11-15,
as revised, and other applicable federal, state and COUNTY laws, regulations and policies relating to equal
employment and contracting opportunities, including laws and regulations hereafter enacted.
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RES 96-289
30. DISCRIMINATION
No person shall, on the grounds of race, sex, creed, color, religion, or national origin, be excluded from
participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities,
programs, or employment supported by this Contract.
31. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES
CITY agrees that it will not perform or permit any religious proselytizing or political activities in connection
with the performance of this Contract. Funds under this Contract will be used exclusively for performance
of the work required under this Contract and no funds made available under this Contract shall be used to
promote any religious or political activities.
32. CONFLICT OF INTEREST
CITY, its agents and employees shall comply with all applicable federal, state and COUNTY laws and
regulations governing conflict of interest. To this end, CITY will make available to its agents and employees
copies of all applicable federal, state, and COUNTY laws and regulations governing conflict of interest. In
particular, the following federal regulation paraphrased from 24 CFR 570-611, Conflict ofInterest: Except
for salaries and related administrative or personnel costs, no employees, agents consultants, officers or elected
officials or appointed officials, of subrecipients which receive CDBG funds, who exercise or have exercised
any CDBG functions or who are in a position to participate in a decision making process or gain inside
information, may obtain a personal or financial interest or benefit from a CDBG assisted activity or any CDBG
funded contract, subcontract or agreement, during their tenure or for one year thereafter.
CITY shall furnish to COUNTY, prior to execution of this Contract, a written list of all current or proposed
subgranteeslsubcontractors, vendors or personal service providers, including subsidiaries of CITY. This list
should be limited to those subgrantees/subcontractors, vendors or personal service providers, including
subsidiaries of CITY, which will receive $10,000 or more during the term of this Contract. Such a list shall
include the names, addresses, telephone numbers, and identification of principal party(ies), and a description
of services to be provided. During the term of this Contract, CITY shall notifY COUNTY in writing of any
change in the list of subgranteesl subcontractors, vendors, personal service providers or subsidiaries of CITY
within fifteen (15) days of change.
33. HUD HOLD HARMLESS
CITY shall indemnifY and hold harmless COUNTY against any liability, claims, losses, demands, and actions
incurred by COUNTY as a result of the determination by HUD or its successor that activities undertaken by
CITY under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any
funds billed by and disbursed to CITY under this Contract were improperly expended.
34. INDEMNIFICATION
CITY agrees to indemnifY, defend and hold harmless COUNTY and its authorized officers, employees, agents
and volunteers from any and all claims, actions, losses, damages, and/or liability arising from CITY acts,
errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore,
except where such indemnification is prohibited by law. CITY shall promptly notifY COUNTY in writing of
the occurrence of any such claims, actions, losses, damages, and/or liability.
9
RES 96-289
35. INSURANCE REOUlREMENTS
Without in any way affecting the indemnity herein provided and in addition thereto, CITY shall secure and
maintain throughout the Contract the following types of insurance with limits as shown:
Workers' Compensation - A program of Worker's Compensation insurance or a State-approved Self
Insurance Program in an amount and form to meet aU applicable requirements of the Labor Code of
the State of California, including Employer's Liability with $250,000 limits, covering all persons
providing services on behalf of CITY and all risks to such persons under this Contract.
Comprehensive General and Automobile Liability Insurance - This coverage to include contractual
coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy
shall have combined single limits for bodily injury and property damage of not less than one million
dollars ($ I ,000,000).
Errors and Omissions Liability Insurance - Combined single limits of$ I ,000,000 for bodily injury and
property damage and $ 3,000,000 in the aggregate m:
Professional Liabilitv - Professional liability insurance with limits of at least $1,000,000 per claim or
occurrence.
Additional Named Insured - All policies, except for Workers' Compensation, Errors and Omissions
and Professional Liability policies, shall contain additional endorsements naming COUNTY and its
officers, employees, agents, and volunteers as additional named insured with respect to liabilities
arising out of the performance of services hereunder.
Waiver of Subrogation Rights - Except for Errors and Omissions and Professional Liability, CITY
shall require the carriers of the above required coverage to waive all rights of subrogation against
COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors.
Policies Primarv and Non-Contributorv - All policies required above are to be primary and non-
contributory with any insurance or self-insurance programs carried or administered by COUNTY.
COUNTY acknowledges and accepts that the City of San Bernardino is self-insured and that such self
insurance fulfills the insurance requirements of this contract.
36. INSURANCE DOCUMENTATION
CITY shall immediately furnish certificates of insurance to ECD evidencing the insurance coverage, including
endorsements, above required prior to the commencement of performance of services hereunder, which shall
provide that such insurance shall not be terminated or expire without thirty (30) days written notice to ECD,
and CITY shall maintain such insurance from the time CITY commences performance of services hereunder
until the completion of such services. Within sixty (60) days of the commencement of this Contract, CITY
shall furnish certified copies of the policies and all endorsements. CITY shall complete and submit Contract
Exhibit 4 of 6, INSURANCE INVENTORY, along with the above required insurance documents.
10
RES 96-289
37. INSURANCE REVIEW
The above insurance requirements are subject to periodic review by COUNTY. The COUNTY's Risk
Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever
the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not
needed to protect the interests of COUNTY.
In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of
insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized,
but not required, to change the above insurance requirements, to require additional types of insurance coverage
or higher coverage limits, provided that any such change is reasonable in light of past claims against
COUNTY, inflation, or any other item reasonably related to the COUNTY's risk.
Any such reduction or waiver for the entire term of the Contract and any change requiring additional types of
insurance coverage or higher coverage limits must be made by amendment to this Contract. CITY agrees to
execute any such amendment within thirty (30) days of receipt.
38. COMPLIANCE Willi LAWS
All parties agree to be bound by applicable federal, state, and local laws, ordinances, regulations, and
directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the
terms of the ACT; 24 Code of Federal Regulations, Part 570 and Part 84, Chapter V; and U.S. Office of
Management and Budget Circulars A-122, and A-B3.
39. AMENDMENTS: VARIATIONS
This writing with attachments, embodies the whole of this Contract of the parties hereto. There are no oral
agreements not contained herein. Except as herein provided, addition or variation of the terms of this Contract
shall not be valid unless made in the form of a written amendment to this Contract formally approved and
executed by both parties.
40. NOTICES
All notices shall be served in writing. The notices shall be sent to the following addresses:
County of San Bernardino
Department of Economic
and Community Development
290 North "0" Street, Sixth Floor
San Bernardino, CA 92415-0040
City of San Bernardino
Parks & Recreation Department
547 North Sierra Way
San Bernardino, CA 92410
41. COUNTERPART EXECUTION
This Contract may be executed in counterparts. When executed, each counterpart shall be deemed an original
irrespective of date of execution. Said counterparts shall together constitute one and the same Contract.
II
RES 96-289
above.
IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year written
COUNTY OF SAN BERNARDINO
BY~.c.r...~ I ~~#.J ~<: ,-'
Chairman, Board of Supervisors
Dated:
s~ 1996
By:
APPROVED AS TO LEGAL FORM
By:
Dated:
AGMTS/96SBCITY_2PT
OS/28/96/AD/bii
09l13/961ADibjj
CITY OF SAN BERNARDINO
By:
~ 1':<~
Director, San Bernardino City Parks &
Recreation Department
Dated:
fl'-/7-9.15
B'~
gram Co din to
Dated:
'7-'7- rb
APPROVED AS TO FORM AND LEGAL CONTENT
~.
City of San Bernardino Attorney
Dated: 5;... . '* j.... /6 I ~ 7 (,
~ I
12
RES 96-2'89
EXHIBIT
of
6
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Proiect! Activitv Title:
Fifth District: Youth Mentoring Program -
San Bernardino (City) Parks & Recreation
Case Number:
350 - 22227 / 1554
Name/Address of Contractor Agencv:
City of San Bernardino
Parks & Recreation Department
547 North Sierra Way
San Bernardino, CA 92410
Date ofIssue:
---2i- Original: Beginning: Sept. I, 1996
_ Amendment #
SERVICES:
PROJECT/ACTIVITY DESCRIPTION
The City of San Bernardino will establish a mentoring and support program for at-risk youths from seven (7) middle
schools (Exhibit I of6, SUPPLEMENTAL - ELIGffiLE SCHOOLS LISn within the unincorporated areas of the Fifth
Supervisorial District and the City of San Bernardino. Under this program the City of San Bernardino will establish
a Mentoring Advisory Board to include representatives from the business community, local schools, civic leaders,
churches, service clubs and local colleges through the Mentoring Program partnerships between the Unified School
District and volunteer members from the local community will be established to mentor at-risk youth. The program's
primary goal is to help the community by assisting at-risk youths from the targeted schools in improving their
academic skills to reduce the drop-out rate, preventing teen pregnancy, reducing juvenile delinquency, curtailing the
use of illegal drugs and decreasing the gang involvement rate.
At least 51 % of the beneficiaries of the Mentoring Program shall be from low-and moderate-income households.
Approximately 4,775 students (72%) from the 7 middle schools' total population of 7,700 students have been
identified as being eligible, based on having qualified for the federally subsidized, "Free or Reduced Cost Lunch
Program".
OPERATIONS:
The CITY will provide one (1) contract staff person, identified as the Mentor Coordinator, whose primary
responsibility will be to coordinate the students, teachers, parents, volunteer mentors and community leaders in all
facets of program design, implementation, administration, and mentor recruitment. The 7 middle schools involved
under contract with the CITY will provide a resource person who will coordinate the mentoring activities to be
administered at the specific school sites, This will include training, identification, eligibility and assignment of student
mentees, coordination of schedules, procurement / arrangements for facilities and required materials, and
monitoring/documentation of volunteer hours, students' progress, teacher evaluations, etc.
Specific services to be provided under the terms of this contract are outlined in the "Units of Service" section below,
UNITS OF SERVICE:
I. Individual Student Mentoring and Education Assistance Services: A projected monthly average of
sixteen (16) individualized mentoring / counseling sessions will be conducted. Each student attending an
mentoring/counseling/education assistance session shall represent~) unit of service.
RES 96-289
EXHIBIT
of 6 (Supplemental)
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNTIY DEVELOPMENT
Proiect! Activity Title:
Fifth District: Youth Mentoring Program _
San Bernardino (City) Parks & Recreation
Case Number:
350 - 22227 / 1554
Name/Address of Contractor Agencv:
City of San Bernardino
Parks & Recreation Department
547 North Sierra Way
San Bernardino, CA 92410
Date of Issue:
-L Original: Beginning: Sept. I, 1996
Amendment #
MENTORING PROGRAM-ELIGmLE SCHOOLS
NAME OF ELIGIBLE SCHOOL "FREE I ASSISTED LUNCH" TOTAL STIJDENT PERCENT OF PROGRAM-
PROGRAM STIJDENT COUNTS ENROLLMENT ELIGffiLE STIJDENTS
I. Arrowhead 840 1015 83%
2. Curtis 923 1092 90%
3. Del Vallejo 727 913 80%
4. Golden Valley 730 Iln 62%
5. M.L. King 728 962 76%
6. Serrano 628 1039 60%
7. Shandin Hills 643 1003 71%
TOTALS: 5219 7201 74.58%
l)l;'c:' o.t:._'lQO
EXHIBIT
2
of 6
COUNTYOFSANBERNARDINODEPARTMENTOFECONOMUCANDCO~DEVELOPMENT
Proiect/ Activity Title:
Fifth District: Youth Mentoring Program -
San Bernardino (City) Parks & Recreation
Case Number: 350 - 22227 /1554
Name/Address of Contractor Al!encv:
City of San Bernardino
Parks & Recreation Department
547 North Sierra Way
San Bernardino, CA 924 I 0
Date ofIssue:
---X.... Original: Beginning: Sept. I, 1996
Amendment #
BUDGET SUMMARY
COST CATEGORY CDBG SHARE $ OTHER SOURCES $. TOTAL COST $
I) Personnel: $ 0.00 $ 0.00 $ 0.00
2) Consultant/Contract 14,500.00 14,500.00 29,000.00
Services:
3) Travel: 0.00 0.00 0.00
4) Space Rental: 0.00 12,600.00 12,600.00
5) Consumable Supplies: 0.00 900.00 900.00
6) Rental, Lease, or 0.00 0.00 0.00
Purchase of Equipment:
7) Insurance: 0.00 0.00 0.00
8) Other: 5,000.00 4,500.00 9,500.00
0.00 0.00 0.00
TOTALS $ 19,500.00 $ 32,500.00 $ 52,000.00
.If costs are to be shared by other sources of funding, including CDBG funds from other jurisdictions, identifY the
source of funding, grantor/lending agency, and cost category infonnation.
SUMMARY - OTHER SOURCES OF FUNDING:
City of San Bernardino CDBG Program:
$ 32,500
---\ffiS 96-289
EXlllBIT
3
of 6
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Proiect! Activity Title:
Case Number:
350 - 22227/1554
Fifth District: Youth Mentoring Program -
San Bernardino (City) Parks & Recreation
Name/Address of Contractor Agency:
Date ofIssue:
City of San Bernardino
Parks & Recreation Department
547 North Sierra Way
San Bernardino, CA 92410
---X.... Original: Beginning: Sept. I, 1996
Amendment #
BUDGET JUSTIFICATION - SUPPLIES/SERVICES
DESCRIPTION OF ITEM(S) AND BASIS FOR VALUATION
Budget line
Item #:
2. Consultant! Contract Services:
(Consultant Contract for Program Coordinator)
CDBG COST $
TOTAL COSTS
$ 14,500.00
$ 29,000.00
4. S pace Rental:
(Office Space w/ Utilities Included)
0.00
12,600.00
5. Consumable Supplies:
(Office Supplies and Postage, etc.)
0.00
900.00
8. Q1OO::
(Individualized Services: Department of Justice Background
Reports, Copy Services, Delivery and Special Handling
Charges, etc.)
5,000.00
9,500.00
Totals:
$ 19,500.00
$ 52,000.00
NOTE: Any budget line item(s) other than salaries and fringe benefits should be detailed above.
RES 96-289
EXHIBIT
4
of
6
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Proiect! Activity Title:
Fifth District: Youth Mentoring Program _
San Bernardino (City) Parks & Recreation
Namel Address of Contractor Ag:encv:
City of San Bernardino
Parks & Recreation Department
547 North Sierra Way
San Bernardino, CA 92410
Case Number: 350 - 22227 I 1554
Date ofIssue:
-1L Original: Beginning: Sept. I, 1996
Amendment #
INSURANCE INVENTORY.
WORKERS' COMPENSA TIONIEMPLOYER'S LIABILITY INSURANCE
Name of Program
Effective Dates
City of San Bernardino - Self Insured Fund
Continuous
Employer's Liability Limit $ 1.000.000
Certificate of Insurance Attached
Yes
X No: On File wi ECD
COMPREHENSIVE AND GENERAL AUTOMOBILE LIABILITY INSURANCE
Name of Contractor's General Insurance Company City of San Bernardino - SelfInsured Fund
Limits of Liability
Per Occurrence $ NI A
Annual Aggregate $ NI A
Effective Dates Continuous
Additional Insured Endorsement Attached
Certificate ofInsurance Attached
Yes
No: On File wi ECD
No: On File wi ECD
Yes
Name of Contractor's Automobile Liability Insurance Company
Limits of Liability Effective Dates N/A
Per Person $ Per Accident $
N/A
Damage Liability $
Per Accident
ERRORS AND OMISSIONS LIABILITY INSURANCE
Name of Contractor's Insurance Company
City of San Bernardino - Self Insured Fund
Limits of Liability
Per Occurrence $
Annual Aggregate $
Effective Dates
N/A
Additional Insured Endorsement Attached
Certificate ofInsurance Attached
Yes _No: On File w/ECD
Yes
No: On File wi ECD
PROFESSIONAL LIABILITY INSURANCE
Name of Contractor's Insurance Company
City of San Bernardino - SelfInsured Fund
Limits of Liability
Per Occurrence $ NI A
Annual Aggregate $NI A
Effective Dates
N/A
Additional Insured Endorsement Attached _ Yes ---X... No: On File wi ECD
Certificate of Insurance Attached
Yes ---X... No: On File wi ECD
RES 96-289
EXHIBIT
j of
6
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Proiect! Activity Title:
Fifth District: Youth Mentoring Program _
San Bernardino (City) Parks & Recreation
Case Number: 350 - 22227/1554
Namel Address of Contractor A~ency:
City of San Bernardino Mentoring Program -
San Bernardino City Parks & Recreation Department
547 North Sierra Way
San Bernardino, CA 92410
Date ofIssue:
-1L Original: Beginning: Sept. I, 1996
_ Amendment #
MONTHLYPROGRAMPROGRESSREPORT-PARTI
For the Month of
,199_
Under each type of service listed below, describe what your program has accomplished during this month. Include location,
number of persons served, serviceslbenefits provided, and a description of the clients served. Also report the number of
"Units of Service" provided as defined in the ProgramJProject Description (Exhibit I).
Tvpe of Service:
Anticipated Units of Service:
I. Individual Student Mentorine: & Education Assistance Services:
Goal/mo.: ~ Actual/mo.:
Total Number of Households or Persons Served During This Month
(Above figures may include individuals previously counted during this grant I program year.)
MONTHLY DIRECT BENEFIT REPORT
(Unduplicated first-time client counts !!!!.!x)
Program beneficiaries are counted below as: Households (HV)_ or Persons (PV)_
Number of Households or Persons Directly Assisted:
Low Income (ONLY) Low and Moderate Income (COMBINED TOTAL)
Counts By RacelEthnicity (The total of these counts should equal the combined total above):
White, Not Hispanic Origin Black, not Hispanic Origin
Hispanic American Indian! Alaskan Native
Asian Pacific Islander Other: (Specify) I
Female Headed Households: (Do NOT Duplicate this Count wi Above Categories)
Signed
Title
Date
Print Name
Tel. No.lExt.
RES 96-289
EXHIBIT! --2- of 6
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Proiect! Activity Title:
Fifth District: Youth Mentoring Program _
San Bernardino (City) Parks & Recreation
Case Number: 350 - 22227 / 1554
Name/Address of Contractor Agencv:
City of San Bernardino
Parks & Recreation Department
547 North Sierra Way
San Bernardino, CA 92410
Date ofIssue:
----X- Original: Beginning: Sept. I, 1996
_ Amendment #
MONTHLY PROGRAM PROGRESS REPORT - PART II
For the Month of
.199_
Date: # of Children: # of Adults:
Name of Qualifying School(s):
TOTAL:
.
MONTHLY TOTAL:
NOTE: Figure must match monthly reimbursement request.
Signed
Title
Date
Print Name
Tel. Number/Ext.: