HomeMy WebLinkAbout1991-296
RESOLUTION NUMBER 91-296
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RESOLUTION OF THE W.roR l\ND CXHtJN CDUNCIL OF THE CITY OF Sl\N BERNlIRDINJ
2 At7l'IDRIZIm l\ND D.ll<I!ll:n~ THE EXECllTION OF A CXIOOJNITl( DEYEIDH!ENT BIDCR GRl\Nr
FtlNDDG 1lGREEMENr BEi'J.'WJ:il!iL'i THE CITY OF Sl\N BERNlIRDDD l\ND GREM'ER Sl\N
3 BERNlIRDDD AREA SPECIAL OLYMPICS.
4 BE IT RESOLVED BY THE W.YOR l\ND CXHtJN CDUNCIL OF THE CITY OF Sl\N
BERNlUmDD AS roLI/JliS:
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section 1.
(a) '!he Mayor of the City of San Bernardino is hereby authorized am
directed to execute, on behalf of the City, an agreement for Cammunity
Development Bl=k Grant fI.1n:lin3" with GREATER SAN BERNARDINO AREA SPECIAL
OLYMPICS. which agreement is attached hereto as Exhibit "1", am is
inooqx:>rated herein by reference as though fully set forth at length. The
agreement provides for the granti.n;J of Cammunity Development B1=k Grant funds
in the followi.n;J anount of $10.000.00.
section 2.
(a) '!he authorizations to execute the above referenced agreement is res-
cin::1ed if the parties to the agreement fail to execute it within sixty (60)
sixty clays of the passage of this Resolution.
I HEREBY CERl'IFY that the foregoi.n;J resolution was duly adopted by the
Mayor am Comlron Council of the city of San Bernardino at a
regular
meeti.n;J thereof, held on the 1st clay of July
1991 by the followi.n;J
vote, to wit:
IIII
IIII
IIII
III
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IIII
IIII
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RESOLUTION OF THE CITY OF SAN BERNl\RDIID AlJTH)RIZIH3 THE EXECUTION
OF A CDBG 1\GREEMENT BE'lWEEN CITY AND SAN BERNNNU>IID ARm\ SPECIAL OLYMPICS
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Council Members AYES NAYS ABSTAIN
FSTRAJ:l.lI. X
REILLY X
HERNANDEZ X
MAUL'6IEY X
MINOR X
roPE-WDIAM X
MILlER X
C? ..,"-;',1..- 'h'''-L''-,-<{ .
, City Clerk J
'!he forego:i.n:1 Resolution is hereby approved this 5th clay of
1991.
July
18 Awroved as to fom an:i
legal content:
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JAMES F. PENImN,
City Attorney
By: ~tu4, )
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~ ~nnnnn; !J ~
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THIS .l\GREEMENT is entered into effective as of this 1st day of
Julv
, 1991, at San Ben1ardi.no, California, between the CITY OF SAN
BERNARDINO, a nnmicipal corporation, referred to as "City", and GREATER SAN
BERNARDINO AREA SPECIAL OViMPICS. a nonprofit cammunity seI:Vice organization,
referred to as "SUbrecipient". City and SUbrecipient agree as follows:
1. Recitals.
(a) SUbrecipient has requested financial assistance from City for
fiscal year 1991/1992 from furrls available through the Carmmmity Development
Block Grant Program fran the unitErl states of America to City.
(b) SUbrecipient represents that the expen:litures authorized by this
Agreellent are for the provision of year rourrl educational trainincr to low am
moderate income children who are mentall v retarded to enable them to COIlIPete
in various athletic procmuns and SPOrts. which are valid and eligible com-
nnmity development purposes, as defined in em Part 570 in accordance with
federal law and regulations, and that all furrls grante1 umer this Agreement
will be used for no purpose other than those purposes specifically
authorized. The specific purposes and scope of seI:Vices of this particular
grant are set forth in Eldlibit "A", attached hereto and incorporatErl into
this Agreellent as though fully set forth herein.
(c) SUbrecipient will CCIlT(ply with applicable unifonn administrative
requirements, as described in 24 em, Part 570.502.
(d) SUbrecipient will cany out each activity, program and/or project
in CCIlT(pliance with all federal laws and regulations as set forth in 24 em,
Part 570, with the following exceptions, (i) the SUbrecipient does not assume
the environmental responsibilities of the Grantee as described in 24 em,
Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's
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EXHIBIT "I"
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responsibilities for initiat:in:J the review process umer Executive Order
Number 12372.
(el SUbrecipient will COIlq:>ly with the requirements set forth in the
unifonn Relocation Assistance ani Real Property Acquisition Policy Act of
1970, as amended, (URAl, 49 CFR, Part 24 in accordance with federal
regulations when attempt:in:J to or acquir:in:J any buildin:.J or parcel of lani.
SUbrecipient will be required to obtain written approval fran the Executive
Director of the Developnent Deparbnent prior to any activity t:akin:] place
within the oonfines of URA 49 CFR, Part 24, as amended.
2. Pavments.
City shall reimburse SUbrecipient for allowable costs incurred under
the scope of this 1\greement ani applicable Federal regulations, which have
not been paid for or reimbursed in any other manner by any other 1>qency or
private source of furxJ.i.n;J. Reilllbursement will be made at least on a mnthly
basis, with the total of all such reilllbursements not to exceed $10.000.00.
3. Tenn.
'Ihis 1\greement shall cammence Julv 1. 1991. ani tenninate June 30,
1992.
4. Use of Funds: Budcret: Travel Limitation.
(al 'lhe funds paid to SUbrecipient shall be used by it solely for
the purposes set forth in Paragraph l(bl of this 1\greement, ani in accordance
with the prog:taln budget submitted by SUbrecipient to the City of San Bernar-
dino Camrmmity Developnent Deparbnent, a copy of which is attached to this
1\greement as Exhibit "B". 'Ihis budget shall list all sources of fund:in:J for
the program covered by this 1Igreement, whether fran state, Federal, local or
private sources, ani shall identify which sources are pay:in:J for which speci-
fic portions of the program, by line-item, to the extent practicable.
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(b) No travel expenses for out-of-state travel shall be included in
this program unless specifically listed in the budget as suJ::mitted and ap-
proved, and all travel expenses to be funded fran f'urx:ls provided hereurrler
shall be specifically identified as travel expense, which shall be negotiated
between the City of San Bernardino Developnent Department and SUbrecipient in
the budget. Arrj travel expenses incurred by SUbrecipient above the budgeted
am::lI.IIlt or for out-of-state travel shall not be eligible for reimbursement
unless the prior written approval of the Executive Director of Development
Department of the City of San Bernardino, or designee, has been obtained.
(c) F\lrrls shall be used for purposes authorized by the Community
Developnent Block Grant Program only, and no portion of the f'urx:ls granted
hereby shall be used for any purpose not specifically authorized by this
1\greement.
(d) Only net payroll shall be periodically rellnbursed by City as an
allowable cost. Arrj am::lI.IIlts withheld by SUbrecipient fran an enployee I s pay
for taxes, social security, or other withholdi.n;J and not immediately paid
CNer to another entity, shall not be included as wages or expenses eligible
for reimbursement as an allowable cost \ll1til such time as the withheld taxes,
social security, or other withholdings are actually paid CNer to another
entity entitled to such payment. Upon such payment and the suJ::mission of
evidence of such payment to the City of San Bernardino Development
Development Department, such expenses shall be regarded as an allowable cost,
and the City shall reilnburse SUbrecipient for such obligation.
(e) SUbrecipient shall be allowed, with the prior written approval
of the Developnent DepartJnent of the City of San Bernardino, to make chan;Jes
to the budget durirx] the first three (3) quarters of the fiscal year, so long
as SUbrecipient is in CClIlpliance with section "2" of this 1\greement at the
time of suJ::mission of the budget =dification request. A variation in the
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itemization of costs, as set forth in the proposed budget submitted to City,
not to exceed ten percent (10%) as to any particular line item, shall be
allowed, provided that the prior written approval of the Executive Director
of the Develcpnent Development of the City of San Bernardino is obtained, it
bein] un:ierstood that the total annmt of the grant shall not be varied
thereby .
(f) '!he parties intero. that grant fun:1s be utilized within the time
period covered by this Agreement, am entitlenent to any fun:1s not experxied
or obligated shall revert to the City. No reserve for the future shall be
established with the fun:1s except as may be authorized to meet canunitJnents
made for services provided durin] the period of this Agreement, but not yet
paid for at the conclusion of this Agreement.
(g) SUbrecipient shall remain in canpliance with all state, federal
am local laws prior to the receipt of any reimbursement here1Jrrler. 'lhis
includes, but is not limited to, all laws am regulations relative to the
fom of organization, local business licenses am any laws am regulations
specific to the business am activity carried out by SUbrecipient. Reimburse-
ment shall not be made to SUbrecipient which is not operatin] in canpliance
with all applicable laws. Reimbursements may be subsequently paid, at the
discretion of the Executive Director of the Development Department for
reimbursement costs incurred durin] the period when canpliance is achieved
before expiration of this Agreement.
5. .l\coountina'; Audit.
(a) Prior to the final payment urxier this Agreement, am at such
other times as may be requested by the Executive Director of the Development
Department of the City of San Bernardino, SUbrecipient shall submit to the
Director an accountin] of the proposed am actual expenditures of all
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revenues fram whatever source a=.i.n;J to the organization for the fiscal
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year erxiin:J June 30, 1992.
(b) Financial records shall be maintained by SUbrecipient in a=rd-
ance with Generally Accepted A=unting Principles, and in a manner which
penni.ts City to trace the expen:litures of fuIx:is to source docl.unentation. All
books and records of SUbrecipient are to be kept open for inspection at any
tiIne during the business day by the city, its officers or agents, and by any
representative of the united states of America authorized to audit camrnuni.ty
developtellt block grant programs.
(e) Standards for financial management systems and financial report-
ing requirements established by 24 em, Parts 85.20 and 85.22 shall be fully
c:anplied with by SUbrecipient. SUbrecipient acknowledges that the fuIx:is
provided are federal fuIx:is.
(d) SUbrecipient's financial management system shall provide for
accurate, current and canplete disclosure of the financial results of each
pz"':l.Lam sponsored by this Agreement. It is the responsibility of SUbreci-
pient 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: Monitorina and ReDortincr P:ru....L...U
PerfOI1Da11Ce.
ihe services of SUbrecipient shall be made available to residents and
inhabitants of the City of San Bernardino unless otherwise noted in Exhibit
"A". No person shall be denied service because of race, color, national ori-
gin, creed, sex, marital status, or physical handicap. SUbrecipient shall
c:anply with Affirmative Action guidelines in its employment practices. SUbre-
cipient shall also 11lOJ1i.tor the program's activities and submit written re-
ports quarterly, or rore often if requested, to the Executive Director of the
Development Department of the City of San Bernardino, in a=rdance with 24
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1 em, Part 85.41(c) (d) am Part 85.21. Failure to provide such quarterly
2 perfonnance reports may prevent the prooessin::J by City of SUbrec:ipient I s
3 requests for reimbursement, am may justify tenperary withholdin::J as provided
4 for in Paragraph "11" hereof. City reserves the right to waive such breach,
5 without prejudice to any other of its rights hereunder, upon a findin::J by the
6 Executive Director of the Development Department that such failure was due to
7 extraordinaJ:y ci=1mstances am that such breach has been timely cured
8 without prejudice to the City.
9 7. ProcurEment Practices; conflict of Interest.
10 SUbrec:ipient shall comply with procurement procedures am guidelines
11 established by 24 em, Part 85.36(d) (1), SUbrec:ipient "Procurement
12 standards". In addition to the specific requirements of 24 em, Part 85,
13 SUbrec:ipient shall maintain a ccxle or staniards of corxiuct which shall govem
14 the perfonnance of its officers, E!llq:>loyees or agents in contractin::J with am
15 experrling the federal grant :furxjs made available to SUbrec:ipient 1.I1'Xler this
16 Agreement. SUbrec:ipient's officers, E!llq:>loyees or agents shall neither solicit
17 nor accept gratuities, favors, or anythin::J of :m:metary value fran contractors
18 or potential contractors. To the extent permissable by state law, rules, am
19 regulations, the staniards adopted by SUbrec:ipient shall provide for
20 penalties, sanctions or other disciplinary actions to be applied for
21 violations of such staniards by either the SUbrec:ipient's officers, E!llq:>loyees
22 or agents, or by contractors or their agents. SUbrec:ipient shall provide a
23 copy of the ccxle or staniards adopted to City forthwith. All procurement
24 transactions without regard to dollar value shall be conducted in a manner so
25 as to provide maxiJmnn open am free competition. ihe SUbrec:ipient shall be
26 alert to organizational conflicts of interest or non-competitive practices
27 aIIK:ln1 contractors which may restrict or eliminate u.'"'l-""tition or otherwise
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restrain trade. SUbrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CPR Section 570.611 and to the procurement rules
specified in 24 CPR, Part 85.36, in its expen:liture of all furxis received
urxier this llgreement.
8. Anti-Kick Back Provisions: Eaual DnDlovment ODIJOrbmitv.
All contracts for construction or repair usirg furxis provided urxier
this l\greement shall include a provision for compliance with the Copeland
"Anti-Kick Back" Act (18.U.S.C. 874) as supplemented in Department of Iabor
Regulations (29 CPR, Part 3). '!his Act provides that each contractor or
subgrantee shall be prohibited from inducirg, by any means, any person em-
ployed in the construction, campletion or repair of public work, to give up
any part of the campensation to which he/she is otherwise entitled. SUbreci-
pient shall report all suspected or reported violations to City. All con-
tracts in excess of $10,000.00 entered into by SUbrecipient usirg furxis
provided urxier this llgreement shall contain a provision requirirg campliance
with Equal Enployment Opportunity provisions established by Executive Order
Number 11246, as amen::led.
9. Prevai.lincr Waae Reauirement.
Arr2 construction contracts awarded by SUbrecipient usirg furxis
provided urxier this llgreement in excess of $2,000.00 shall include a provi-
sion for campliance with the Davis-Bacon Act (40 U.S.C. 276(a) to 276 (a) (7))
and as supplemented by Deparbrent of Iabor Regulations (29 CPR). Urder this
Act, contractors shall be required to pay wages to laborers and nechani.cs at
a rate not less than the minimum wages specified in a wage detennination made
by the Secretary of Labor. In addition, contractors shall be required to pay
wages not less often than once a week. SUbrecipient shall place a copy of
the current prevailirg wage detennination issued by the Department of Iabor
in each solicitation and the award of a contract shall be coOOitioned upon
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1 the acceptance of the wage detennination. SUbrecipient shall report all sus-
2 pected or reporte:i violations to City.
3 10. 1\rJDroval of City of any Chal:qes; Use of P.l:U<.lLaw Inoane.
4 (a) city hereby requires SUbrecipient to notify the City, in writ:in;J,
5 of its intent to charge a fee for any seJ:Vice, the provision of which is
6 assisted p.IrSUant to this Agreement. City requires SUbrecipient to obtain
7 the prior written approval of City for any charges or fees to be charged by
8 SUbrecipient for such seJ:Vices, and of any rules and regulations governing
9 the provision of seJ:Vices hereun:ier.
10 (b) Program income represents gross income received by the
11 SUbrecipient directly generated fram the use of fi.Injs provided hereun:ier.
12 SUch earnings include interest earned on advances and may include, but will
13 not be limited to, income fram seJ:Vice fees, sale of ",-",.,.::.lities, usage and
14 rental fees for real or personal property usin:J the fi.Injs provided by this
15 Agreement. As to such income, it shall be first applied to eligible program
16 activities, before requests for reimbursement and, in the use, shall be
17 subject to all applicable provisions of this Agreement. Income not so
18 applied shall be remitted to City. SUbrecipient shall remit all unspent
19 program income to the city within thirty (30) days subsequent to the end of
20 the program year (June 30, 1992).
21 11. TemDorarv Withho1dinq.
22 'lhe Executive Director of the Development Department of the city of
23 San Bernardino is authorized to terrp:>rarily withhold the payment of fi.Injs to
24 SUbrecipient when the Director detennines that any violation of this
25 Agreement has occurred. F\lros shall be withheld until the violation is
26 corrected to the satisfaction of the Executive Director. SUbrecipient shall
27 have the right to appeal the decision of the Executive Director to the Mayor
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am Cammon Council. '!he sole grounds for such appeal shall be that no
violation of the Agreement has ocx::urred. SUbrecipient shall file such appeal
within fifteen (15) days after such first withholdin::J. '!he Mayor am Cc:lmlron
Council shall set a date for the hearinl of such appeal which is within
thirty (30) days follOlllinl the date of filinl.
12. Records Retention.
Financial records, SUj;p)rtinl d=uments, statistical records, am all
other records pertainin3' to the use of the f1.1rds provided un:ier this Agree-
ment shall be retainErl by SUbrecipient for a period of three (3) years, at a
minimum, am in the event of litigation, claim or audit, the records shall be
retained until all litigation, claims am audit findin::Js involvinl the re-
cords, have been fully resolve1. Records for non-expenjable property acqui-
re1 with fe1eral f1.1rds provided un:ier this Agreement shall be retained for
three (3) years after the final disposition of such property.
13. ProDertv ManacrEl11ent standar<ls.
Non-expenjable personal property, for the purposes of this Agreement,
is defined as 'tan3'ible personal property, purchased in whole or in part with
fe1eral f1.1rds, which has useful life of m::>re than one (1) year am an acqui-
sition cost of one-thousarxi dollars ($1,000.00) or m::>re per unit. Real
property means lam, incl\ldin:J lam inprovements, structures am appurten-
ances thereto, excl\ldin:J mcwable machinery am equipment. Non-expenjable
personal property am real property purchased with or inprove1 by f1.1rds pro-
vided un:ier this Agreement shall be subj act to the property management stan-
dards set forth in 24 CFR, Part 85.32.
14. Temi.nation for Cause.
(a) City reserves the right to tenninate this Agreement in accordance
with 24 CFR, Part 85.43, am any am all grants am future payments un:ier
this Agreement, in whole or in part, at any time before the date of
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1 c::all'letion of this 1\greement whenever City detennines that the SUbrecipient
2 has materially failed to c::all'ly with the terms am corxlitions of this
3 1\greement. In the event seeks to tenninate this 1\greement for cause, city
4 shall prarptly notify the SUbrecipient in writin;J of the proposed tennination
5 am the reasons therefore, together with the proposed effective date. SUbrec-
6 ipient shall be given an opportunity to appear before the Mayor am Ccln1lron
7 Council at the t:iJre at which the Mayor am Ccln1lron Council are to consider
8 such recatIlllet)jed tennination, am shall be given a reasonable opportunity to
9 shc:M cause why, if any exists, the Agree1rent should not be tenninated for
10 cause. Upon detennination by the Mayor am Ccln1lron Council that the contract
11 should be tenninated for cause, notice thereof, includin;J reasons for the
12 detennination, shall prarptly be mailed to the SUbrecipient, together with
13 infonnation as to the effective date of the tennination. Such notice may be
14 given orally at that hearin;J. 'lhe determination of the Mayor am Ccln1lron
15 Council as to cause shall be final.
16 (b) In the event of any tennination whether for cause or for
17 convenience, SUbrecipient shall forthwith provide to the Development Departm-
18 ent any am all documentation needed by the Development Department to
19 establish a full record of all monies received by SUbrecipient am to docurne-
20 nt the uses of same.
21 15. TeDnination for COnvenience.
22 City or SUbrecipient may tenninate this 1\greement in whole or in part
23 provided both parties agree that the continuation of the project would not
24 produce beneficial results camnensurate with further expemiture of fums. In
25 such event, the parties shall agree upon the tennination corxlitions,
26 includin;J the effective date am, in the case of partial tenninations, the
27 portion to be tenninated. 'lhe SUbrecipient shall not incur new obligations
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for the terminated portion after the effective date and shall cancel as many
outst.aIxlin;J obligations as possible. City shall allow SUbrecipient full
cre:lit for the City's share of the non-cancellable obligations obligations
properly incurred by the SUbrecipient prior to termination.
16. Reversion of Assets.
SUbrecipient agrees that upon expiration of this Agreement, the
SUbrecipient shall transfer to the City any and all CDEG furrjs not used at
the time of expiration and any accounts receivable attr:ib.rtable to the use of
CDEG furrjs. SUbrecipient agrees that any real property umer its control,
which was acquired or inq:lroved, in whole or in part, with CDEG furrjs in
excess of $500.00 shall either, (i) be used to meet one (1) of the three (3)
national objectives as set forth in 24 CFR, Part 570.208 until five (5) years
after expiration of the Agreement or such period of time as determined appro-
priate by the City, or; (ii) is disposed of in a manner which results in the
City being rellnbursed in the am:lllllt of the current fair market value of the
property less any portion thereof attr:ib.rtable to expen:liture of, or
inq:lrovement to, the property by SUbrecipient. SUch re.iJnbursement is not
required after the period of time specified in "i" above.
17. Hold HaJ::mless.
SUbrecipient agrees to irxlermrlfy, save and hold hannless the City and
the Developnent Department and their employees and agents fram all
liabilities and charges, expenses (including counsel fees), suits or losses,
however =ing, or damages, arising or growing out of the use of or
receipt of furrjs paid umer this Agreement and all operations umer this
Agreement. Payments un:ier this Agreement are made with the un:ierst.aIxlin;J
that the city and the Development Department are not involved in the
perfonnance of services or other activities of the SUbrecipient. SUbrecipient
and its employees and agents are :iIXl.eperrlent contractors and not employees or
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1 agents of City ani the Development Department.
2 18. Mlenclnent.
3 '!his i\greement may be amenied or JOOdified only by written agreement
4 signed by both parties, ani failure on the part of either party to enforce
5 any provision of this Agreement shall not be =nstrued as a waiver of the
6 right to c::atpU enforcement of any provision or provisions.
7 19. Assiamnent.
8 '!his Agreement shall not be assigned by SUbrecipient without the
9 prior written consent of City.
10 20. Notices.
11 All notices herein required shall be in writirg ani delivered. in
12 person or sent certified mail, postage prepaid, addressed as follows:
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As to city:
As to SUbrecipient:
Patty Davis, Area Director
S.B. Area Special Olympics
547 North Sierra Way
San Bernardino, Calif. 92410
Executive Director
Develcpnent Department
City Hall, Fifth Floor
300 North "0" street
San Bernardino, Calif. 92418
21. Evidence of Authoritv.
SUbrecipient shall provide to city evidence in the foon of a
certified copy of minutes of the governin:J body of SUbrecipient, or other
adequate proof, that this Agreement has been approved in all its detail by
the governin:J body of the SUbrecipient, that the person(s) executirg it are
authorized to act on behalf of SUbrecipient, ani that this i\greement is a
bi.ndirq obligation on SUbrecipient.
22. Certification of Assurance.
25
SUbrecipient shall COIlply with the program requi.remants attached
26
27
28
hereto as Exhibit "C", which are inco:rporated by reference as though fully
set forth at 1en]th ani made a part of this i\greement by execution of all
lab:4431
Rev. 6/11/91
-12-
1 certifications ani assurances of the CDoo program.
2 23. Entire 1\areEment.
3 '!his 1lgreement ani any document or instrument attached hereto or
4 referred to herein integrates all tenns ani corxlitions mentionoo. herein or
5 incidental hereto, ani supersedes all ne;rotiations ani prior writing in
6 respect to the subject matter hereof. In the event of conflict between the
7 terms, corxlitions or provisions of this 1lgreement, ani any such document or
8 instnnnent, the terms ani corxlitions of this Agreement shall prevail.
9 24. No Third Partv Beneficiaries.
10 No third party shall be deemed to have any rights hereun:ler against
11 any of the parties hereto as a result of this Agreement.
12 IIII
13 IIII
14 IIII
15 IIII
16 IIII
17 IIII
18 IIII
19 IIII
20 IIII
21 I I II
22 IIII
23 IIII
24 IIII
25 IIII
26 I I I I
27 I I I I
28
lab: 4433
Rev. 6/11/91
-13-
1
FY 1991/1992 CDllG llGREEMENT BETWEEN CITY AND
GREMER m\N BERNlUIDIH> ARE1. SPECIAL OLYMPICS
2 IN wrrnESS WHERroF, the parties hereto have executed this Agreement on
3 the clay an:i year first hereinabove written.
4
5
6
7
8
9
10
11
12
"
/
ATl'EST:
CITY OF m\N BERNlUIDIH>
/,I //7
./7~. /<~~
IN(/~'' -=~- /"
<-? "W.HO , !:'
ci of ~
JUt. 2 5 ;991
( ~ ; " 71
\..~~L "'GlV_'~~'A_~ 'j',C,ci~-
CITY 1/
." ~
Approved as to fom an:i
legal oontent:
JAMES F. PENMAN,
13 City Attomey
BY:
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
BY~
lab: 4423
:Rev. 6/11/91
-14-
s-e_ o9~.A.J.
SCOPE OF SERVICES
The amount of $10,000 is requested to assist with funding the Greater San
Bemardmo Area Special Olympics program. Special Olympics provides year - round
training and athletic competition in a vanety of well - coached Olympic - type sports
for mentally retarded individuals, ages 8 and up. Special Olympics provides them
with continuing opportunities to develop physical fitness, prepare for entry into
school and community programs, express courage, expenence joy, and participate in
the shanng of skills and ftiendship with their families, other Special Olympians and
the Community.
The local Special Olympics program provides training and competition in
Volleyball, Basketball, Softball, Aquatics, Track and Field events, Gymnastics, Alpine
Siding. Nordic Skiing. Speed Skating. and Figure Skating For many of our athletes
this is their only opportunity to develop skills in physical fitness, social interaction,
lifestyle development and leisure development. Through the program, athletes
have the opportunity to travel to competItions and visit other areas within the state
and throughout United States. For most of our athletes this is their first
opportunity to travel outside of the Greater San Bernardino area.
The Special Olympics program currently serves over 400 athletes.
Approximately seventy percent (70%) of these participants are from low-income
households. 1000/< of our participants are limited clientele. The potential for
growth in our area is tremendous. Athlete participation could increase by fifty
percent (50%), with the proper funding and support, vvithin 2-5 years.
The Special Olympics program is capable of improving both the participant's
living environment and economic opportunities. An increase in the Olympians
self-confidence and socialization skills creates a positive environment in which the
participants live and promotes community awareness This awareness will in turn
create a positive attitude towards and within the developmentally disabled
population.
EXHIBIT "A"
..
SCOPE OF SERVICES
The higher selrconfidence and self-esteem, along with the expeJience and skills
gained duJing Special Olympics training and competition, cany into jobs and daily
living skills of our participants. This positive approach opens economic avenues
for the athletes and is reflected in the workplace. The community, in turn, benefits
by becoming aware of the Athlete's abilities and needs. This promotes successful job
placement and overall community support. The community is able to share in the
tnle Olympics SpiJit - where everyone is a winner.
Special Olympics is a non-profit organization. Participation in the program does
not require a membership fee or any other cost to the participants. All costs for
training, competition, travel, lodging, meals, etc. are covered by the Greater San
Bernardino Area Special Olympics program. The program is funded entirely by
fundraising, donations, and grants.
The requested Community Development Block Grant funding would assist our
local athletes by providing funds for administrative costs. These costs include
staffing expenses and administration of the program. There is one paid full-time
staff, other staffing is volunteer and/or in-kind in nature. The grant would assist in
providing city support for the program and assistance with administrative
expenses.
I
a:.IlG POORl6AL M'PLI( "ICIf
DeYel~ Departm&...;
Plqe -3-
ATTACHMENT B
v. PlOlX>98d Pro1ect Bu6:let (Please OaIIllete Jallicable ItEms onlv)
a) Mministraticn
Salaries ard Frin:Je Benefits:
~lies:*included in program costs
Professional SeIvices:
Travel/Ccnferen::es/seminars :
utilities:
IrlsuraIxJe :
Office Equipnent:
other: Proqram costs
b) O::.rlstructicn
0) ~ineerin:J ard Design
d) Lard Aoquisiticn
e) Plannin;J Activities
f) Rehabilitaticn Activities
g) other: In-Kind donations /Fllndraisers
Total Project ClOSt:
(For constructicn, ~ineerin; ard design, lard aoquisiticn ard
rehabilitatioo activities ally.)
~tar: Patti Davis
~tarls QJalificaticns: Area Director
h) Identifv other 1'I.In:iim sooroes: Identify cxmni1JDents or ag:>1ica-
ticns for fun::1s fran other sooroes to bplement this activity. If
other fun::1s have been ag:>roved, attadl evideooe of cx:mnit:ment.
source of F\lnds
FI.m<1hY7 ~
Date Available
County - CDBG $10,000 & 5000 July 1991
$
$
*Fundraised Monies make up balance of budget
i) Was this project previoosly funded with aE fun:ls? Yes X No
If YES, in:llcate the year(s) in..midl aE fun:ls were ~ived-
ani the ~ entity: City - CDBG: FY 1990-91,
City - CDBG: FY 1989-90
j) If yw have never received aE furrlirg, proYide evideooe of arrj
previoos experience with other federally funded ~""P-C11Ia (use
additional sheets if ~~\'ry):
EXHIBIT "B"
r--.
DEVEIDmENl' DEPARDIENr OF THE
CITY OF SAN BERNMDIN)
roMMUNITY DEVEIDmENl' BIDCK GRl\Nl'
PROGRllM REY;;!UIREMENl'S
for
SUBRECIPIENl'S
1. SUpplemental Infonnation for SUbreciDient
As a successful applicant of the city of San Bernardino FY 1991/1992
Ccmnunity Development Block Grant (CDEG) Program, you are not only
agreein::J to provide the seI:Vices as stated in your application, wt also
to abide by the CDEG Program requirements an:} responsibilities. To
further assist you in understan:lin::J said requirements an:} responsibili-
ties, the followin::J SUlIUllaries an:} attachments have been prepared to
introduce to or update you on each item. Additionally, this
instructional package will reauire your goveITlin; body designated
official to read an:l sign hisjher signature as part of the CDEG
agreement.
2. Month! v Reauest for Reimbursement
Deadline: Due the fifth (5th) day after end of each calendar month
unless otherwise stated in the CDBG agreement.
Include the following:
a) One (1) CXllIlpleted Request for Reimbursement form.
b) One (1) =r!:l of all checks issued that are bein::J reill1bursed.
c) One (1) =r!:l of all bills/receipts that support check(s) issued.
d) One (1) =r!:l of all payroll check(s) that are bein::J reill1bursed.
e) One (1) =r!:l of all check stubs, a=untin::J ledgers, an:ljor other
dOCUIlle11tation that reflect gross salary an:} all deductions for each
check(s) issued.
f) One (1) page narrative describin::J activities urrlertaken during the
month included for re:ilnbursement.
In response to its part of each agreement, the City agrees to pay all
invoices within thirty (30) days after it receives the invoice provided
the City is satisfied all expenses have been in::urred within the scope of
the executed agreement an:l that the subrecipient continues to CXllIlply with
the terms an:} corrlitions of the CDEG agreement. (Generally, invoices are
processed within ten (10) days of receipt of sarre.) 'lhe City reserves
the right to defer processing of invoices an:} withhold payments until all
required reports, statements, an:ljor certificates have been submitted
an:}, where neces~, approved.
lab: 3025
Rev. 6/11/91
-1-
CDBG PROGRllM REY;;!UIREMENl'
Fiscal Year 1991/1992
EXHIBIT "e"
g) All ac::coontin; records am evidence pertainirY;J to all costs of each
subrecipient am all dOClllllE!Ilts related to the COB;; agreement shall be
retained am available for three (3) years followin; the ClClJlllletion
of the fun:led program.
h) Each subrecipient agrees to allow the city of San Bernardino
Conullunity Development Department to audit the fun:led program as part
of its annual audit of all COB;; fuOOs p.rrsuant to federal regulations
set forth in Title 24 of the Code of Federal Regulations.
3. RePortslRePOrtinq lleCIUirenents and Reoords/Reoord KeePina lleCIUirenents
While staff realizes that report writin; am record-keepin; are not the
l'OClSt desirable aspects of arrj program, it is one vehicle that provides a
measure of program progress am aCClClJllllishments. 'Ihus, all subrecipients
participatin; in the COB;; PlU\jLaJU are reouired to provide the city of
San Bernardino Developnent Department with written reports of its
activities on or before the tenth (10th) day of October, Januaty, April
am July of arrj given program year for the previous three (3) m:mth
period in addition to a final report wilen the agreement tenninates. All
reports shall include infonnation on program activities, aCClClJllllishIrents,
rei{ program infonnation am current program statistics on experrlitures,
case loads am activities of the reportin; period.
Each subrecipient is also required to maintain m:mthly records of all
ethnic am racial statistics of persons am families assisted by its
program(s). nus m:mthly record shall include data on the number of low
am rrcderate income persons am households assisted, (as detennined by
federal income limits), number of female-headed households, am number of
senior citizens assisted. As mentioned earlier, each subrecipient is
required to keep all accountin; records am evidence pertainirY;J to all
costs for three (3) years followin; ClClJlllletion of the furrled program.
4. QUarterlv RePorts
Deadlines: October 10 - for period oavering JUly 1, to september 30, of
program year.
January 10 -- for period oavering October 1, to DeceIIlber 31,
of program year.
1\pril 10 - for period oavering January 1, to March 31, of
program year.
JUly 10 -- for period oavering 1\pril 1 to June 30, of prU\jLQII1
year.
Include the followin;:
a) One (1) ClClJlllleted Activity Report (fOnD number 802).
b) One (1) UJl'~ Direct Benefit Report (fOnD number 045(a).
lab: 3025
Rev. 6/11/91
-2-
CDBG POOGRAM lID;!UIREMENl'S
Fiscal Year 1991/1992
c) One (1) CCI'I'pleted Contract arxi SUbcontract Activity Report (fom CfoIB
2506-006). (For construction projects only.)
It is the responsibility of the subrecipient to prepare arxi sul:Init the
required reports by the above stated deadlines in order to keep City
staff infonned of arrj c:harges to the furrled program(s) .
5. PJ:OCU.<!IlII Monitorinq
One of the City's responsibilities is to m::mitor each subrecipient at
least once a year. Not only are the m::mitorirq visits inten:1ed to ensure
each agency's continued COJTq:lliance with CD~ requirements, but also serve
as an opportunity for City staff to become llOre kncMledgeable of each
agency's program(s). 'lhe m::mitorirq visits also serve as an opportunity
to provide infonnation to other City staff, the Mayor arxi Camron Council
arxi other interested persons.
Listed below is typical infonnation City staff will be seeki.rxJ,
observations that might be made, arxi items we may wish to review:
a) 'lhe aCCCl'l'plishment(s) of the program(s) to date.
b) Whether or not program objectives are beirq met.
c) 'lllat the interrled client group is beirq served.
d) 'lhe I1Ul1lber of people on staff.
e) 'lhe existence arxi maintenance of client files.
f) Assistance City staff can provide.
In addition to llOnitorirq each agency once a year, the City of san
Bernardino Development Department reserves the right to have its internal
auditor corrluct an onsite audit of the program as part of the its annual
audit of all CD~ furrls pursuant to Federal Regulations.
Although the terms "llOnitorirq" arxi "audit" may ~ somewhat
fonnidable, please be assured that your agency will be notified in
advance of arrj request for a llOnitorirq visit. Also, please be advised
that representatives from HUn m::mitor the CD~ program every year. nrrirq
HUn visit(s), they may wish to m::mitor one (1) or llOre of the City's
subrecipients. If your agency shCA.lld be selected, you will be notified in
advance in order to arrange a mutually convenient time.
6. PIOClralh BudeJet
Another required element of your CD~ agreement with the city is the
program budget. Please sul:Init an updated line item b.Jdget reflectirq
your approved CD~ allocation. Also, include a copy of your overall
program budget with a summary of your furrlirq source(s) arxi the total
agency b.Jdget. 'lhe CD~ portion of your total program or agency budget
shCA.lld be identifiable.
In past years, several agencies have raised questions regardirq minor
b.Jdget llOdifications or adjustments. staff realizes that the approved
b.Jdget may require minor adjustments durirq the life of the program arxi
request that you discuss proposed c:harges with Developnent Department
staff.
lab: 3025
Rev. 6/11/91
-3-
CDBG PRl.:lGAAM ll:D2UI:REMEm'S
Fiscal Year 1991/1992
lIgain, please be remirxied that capital or non-expenjab1e equipnent is not
to be p.n:chased with CO~ fun:is. If yoo need to acquire such equipnent,
please discuss it with Deve10pnent Deparbnent staff.
7. Purchase of Personal ProPertY or Eauianent (Read Section "13" of the CDBG
hn'eEment
All tan;Jib1e personal property havirq a useful life of llOre than one (1)
year arrl an acquisition cost of three hun:ired dollars ($300.00) or llOre
per unit shall be subject to the requireroonts of the Property Management
starx:lards specified in 24 CFR, Part 85.32, "Corom:m Rule".
8. Procedures
a) All equipnent arrl property p.n:chased in accordance with the above
starrlards shall be identified as "Federal Property-HUO", (include
your internal Identification Number). Identification may be achieved
by taggirq or ~virq the property or by any method that will
result in property Identification Number beirq oerrnanently affixed.
b) Maintain a separate record of all such equipnent arrl property.
Infornation shall include:
-Name/Description
-Serial Number
-Identification Number
-Date Purchased
-Purchase Price
-condition (i.e., exce11ent/goodjfair/poor)
-characteristics (i,e., color/features, etc.)
-~ysical Location (i.e., address/office/roam, etc.)
c) SUJ:nnit an inventory listirq to the City of San Bernardino Deve10pnent
Deparbnent each year endim June 30. Said listirq is to be submitted
by July 10 followirq the end of the year. 'lhe list should include all
the infornation listed \.ll'rler item "b" above.
d) A written request nn.lSt be submitted to the city of San Bernardino
Deve10pnent Deparbnent for any approved purchases that are not in the
originally approved budget (see agreement). Written authorization
nn.lSt be obtained from the Deve10pnent Deparbnent by subrecipient
prior to the p..u:chase of any equipnent, whether or not said equipnent
was included in the agency's original budget.
e) It is the responsibility of the subrecipient to maintain arrl repair
all property arrl equipnent purchased with COOO fun:is. It is also the
responsibility of the subrecipient to identify all p.n:chased
equipnent arrl property with tags or ~virq, arrl to supply same.
9. Fiscal Acoounti.nq and Audit Documentation
'lhe city of San Bernardino Deve10pnent Deparbnent requires each agency to
observe arrl ccmp1y with all accoontirq roles arrl audit procedures as set
1ab:3025
:Rev. 6/11/91
-4-
CDBG ProGRl\M REQUIREMENl'S
Fiscal Year 1991/1992
forth in the COB:; agreement. '!he following is a brief description of the
JIDSt praninent requirements:
a) As a participant in the City of San Bernardino COB:; Program, each
subrecipient agrees to keep all fun:js received fran the city separate
fran any other sources of fuIrling.
b) Each subrecipient also agrees to keep records of all furrls received
fran the City of San Bernardino in accordance with the procedures set
forth in the "Agreement Accounting ani 1\dmini.strative Harrlbook". A
00f!:I of the Harrlbook is attached.
10. Certification and Assurance
Attached is a copy of the Certification ani Assurance fom to be prepared
ani signed by the designated governing official (s) of the subrecipient
agency. 'lhis document is to be attached to the COB:; agreement ani shall
became part of the governing requirements.
lab: 3025
Rev. 6/11/91
-5-
COBG PROORl\M REQUIREMENl'S
Fiscal Year 1991/1992
DEVEIDPMENl' 0EPARIMENl' OF THE
CITY OF SAN BERNl\RI)IID
"certification and Assurance"
(To 1\COCIIpally CDBG 1lgreement)
I, reliti Vc\'UI'S
,
A (ea.. 111 (e efo y-
(Name and Title of Official)
of the Grveo-W ~'" 'BerVltl.Y"o..if1O Ar-etl 5peC1'o...P Oljl'Y\vt'cs
(Name of Agency/Organization) I
locatedat &;4-7 t\l. $ie..rvo.- vJo.~.San 1>e.rncwdino CA q..z'/fo
do hereby make the followllq certification and assurance to ac:c:arrpany the
Ccmm.mi.9 Developrrent Block Grant Agreement between 6r'eA.-b.A.. Sa"
WflClrdArtO ilr'ea ~ Ol'jYnuICS (name of organization) and
the city of San ': '
a) Certify that the infonnation booklet for CD~ Program requi.ren'ents has
been read and understood; and
b) Assure that the GYePrkr.sc.n 6er'llarcl.it']<l -f\V&; S~'af C;li"'ff<-5 (name of Agency)
will comply with all governin;J requiremen as st plilated herewith in the
performance of the CD~ Agreement.
fJa.;tt,: ~
(Signature of Official)
~~
Devl!!1.opIl'eI1t DepartIrent Representative
Dated: ~"l, /qq/
Dated:
7-"'L"'J-il
lab: 3025
Rev. 6/11/91
lab: 3025
Rev. 6/11/91
-6-
CDBG POOGlWf RD;2UIREMEm'S
Fiscal Year 1991/1992