HomeMy WebLinkAbout1990-306
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RESOLUTION NUMBER 9{;;. -J (J ~
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RESOLUTION OF 'mE CITY OF SAN BERNlUIDIID AtlTJE)RJ:ZIN3 .l\ND DIlW.;~'.un 'mE
EXECtlTION OF A CX't!MUNITY DEVEIDFMENl' BUlCK GRANl' FtlNDIN3 1IGREEMENT BE'lWEEN 'mE
3 CITY OF SAN BERNlUIDIID .l\ND EASTER SEAL SOCIETY/INLMID AREl\. HE1lD INJURY stJPR)RT
ProGRAM.
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BE IT RESOLVED BY 'mE Ml\YOR .l\ND cnMlN CXlUN::IL OF 'mE CITY OF SAN
5 BERNlUIDIID 1\8 FOLIDWS:
6 section 1.
7 (a) 'Ihe Mayor of the City of San Bernardino is hereby authorized and
8 directed to execute, on behalf of the City, an agreement for Community Develop-
9 ment Block Grant funding with Easter Seal S=iety/Inland Area Head Injury Fr0-
IO gram, which agreement is attached hereto as Exhibit "1", and is incorporated
11 herein by reference as though fully set forth at length. 'Ihe agreement
12 provides for the granting of Community Development Block Grant funds in the
13 following amount of $20,000.
14 section 2.
15 (b) The authorizations to execute the above referenced agreement is res-
16 cinded if the parties to the agreement fail to execute it within sixty (60)
17 sixty days of the passage of this resolution.
18 I HEREBY CERI'IFY that the foregoing resolution was duly adopted by the
19 ~yor and Conunon Council of the city of ~ &3rnarclino at a /5r~/v1
20 meeting thereof, held on the ddJ{ day of \ ~i 1990 by the following
21 <Tote, to wit: /,
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22 III
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26 III
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27 III
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RESOLUTION OF THE CITY OF SAN ilERNlIRDIN:l AUTHORIZING THE EXECUTION
OF A CDBG .l\GREEMENl' BETWEEN CITY AND El\STER SEAL SOCJ:m'Y/INLlIND
AREA HElID INJURY SUProRT GroUP
AYES
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City Cler ' ~lau:t}
The foregoing resolution is hereby approved this /7iLaay o}'>~:~/
1990. C
Approved as to form and
19 legal content:
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AgBIiIiM!ii~~
'IHIS AGREEMENT is entered into effective as of this /"',! day of .~
, 1990, at San Bernardino, Califomia, between the CITY OF SAN
BERNARDlliO, a municipal =rporation, referred to as "City", arrl EASTER SEAL
SOCIErY/INIAND AREA HEAD INJURY SUProRI' PRCGRAM, a non-profit community
smvice organization, referred to as "Subrecipient".
City arrl Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance from City for
fiscal year 1990/1991 from funds available through the Ccmununity Development
Block Grant Program from the United states of America to City.
(b) Subrecipient represents that the expenditures authorized by this
Agreement are for valid arrl eligible community develDplOOl1t puxposes, as
defined in 24 CFR, Part 570 in a=rdance with federal lawarrl regulations,
arrl that all fun:ls granted under this Agreement will be used for no pur_
pose(s) other than those purposes specifically authorized. The specific pur-
poses and scope of smvices of this particular grant are set forth in Exhibit
"A", attached hereto and incorporated into this Agreement as though fully set
forth herein.
(e) Subrecipient will carrply with applicable unifonn administrative
requirements, as described in 24 CFR, Part 570.502.
(d) Subrecipient will carry out each activity, program aOOjor project
in carrplianoe with all federal laws arrl regulations as set forth in 24 CFR,
Part 570, with the following exceptions, (i) the Subrecipient does not assume
the environmental responsibilities of the Grantee as described in 24 CFR,
Part 570.604, and; (ii) the Subrecipient does not assume the Grantee's re-
sponsibilities for initiating the review process under Executive Order Number
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EXIllBIT .1.
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1 12372.
2 (e) SUbrecipient will cooply with the requirements set forth in the
3 Unifonn Relocation Assistance and Real Property Acquisition Policy Act of
4 1970, as amended, (URA) 49 CPR, Part 24 in a=rdance with federal and regu_
5 lations when attenpting to or acquiring any building or parcel of land. SlID-
6 recipient will be required to obtain written approval fram the Director of
7 Cormnunity Development prior to any activity taking place within the confines
8 of URA 49 CPR, Part 24, as amended.
9 2. Pavments.
10 City shall reimburse SUbrecipient for allowable costs incurred wx1er
11 the s=pe of this Agreement and applicable federal regulations, which have
12 not been paid for or reimbursed in any other manner by any other agency or
13 private source of fwx1ing. Reimbursement shall be mde on a monthly basis,
14 with the total of all such reimbursements not to exceed $20,000.
15 3. Tenn.
16 'Ibis Agreement shall cornrnence as of the date of execution by City and
17 terminate June 30, 1991.
18 4. Use of Flmds; Budqet; Travel Limitation.
19 (a) The fwx1s paid to SUbrecipient shall be used by it solely for
20 the purposes set forth in Paragraph l(b) of this Agreement, and in a=rdance
21 with the program budget submitted by SUbrecipient to the City of San Bernar-
22 dino Cormnunity Development Department, a copy of which is attached to this
23 Agreement as Exhibit "B". '!his budget shall list all sources of fwx1ing for
24 the program covered by this agreement, whether from state, federal, local or
25 private sources, and shall identify which sources are paying for which speci-
26 fie portions of the program, by line-item, to the extent practicable.
27 (b) No travel expenses for out-of-state travel shall be included in
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this program unless specifically listed in the budget as sul::rnitted am appro-
ved, am all travel expenses to be funded from funds provided hereurrler sha:.l
be specifically identified as travel expenses, which shall be negotiated bet-
ween the City of San Bernardino Community ~elopnent Daparbrent am Subreci-
pient in the budget. Any travel expenses incurred by Subrecipient above the
budgeted arrount or for out-of-state travel shall not be eligible for reim-
bursement unless the prior written approval of the Director of Community De-
velopment of the City of San Bernardino, or hisjher designee, has been 0b-
tained.
(e) F\mds shall be used for purposes authorized by the Community
Davelopment Block Grant Program only, am no portion of the funds granted
hereby shall be used for any pw:pose(s) not specifically authorized by this
Agreement.
(d) Only net payroll shall be periodically reimbursed by City as an
allowable cost. Reimbursement payroll shall include those hours duly autho-
rized by the appropriate authority within Subrecipient's organization am,
shall include funds actually received by payee. !my arrounts withheld by Sub-
recipient from an errployee's paycheck for taxes, social security, or other
withholding am not immediately paid over to another entity, shall not be
included as wages or expenses eligible for reimbursement as an allowable cost
until such time as the withheld taxes, social security, or other withholdirqs
are actually paid over to another entity entitled to such payment. Upon such
payment am the submission of evidence of such payment to the city of San
Bernardino Community Davelopment Daparbrent, such expenses shall be regarded
as an allowable cost, and the City shall reimburse Subrecipient for such ob-
ligation.
(e) Subrecipient shall be allowed, with the prior written approval
of the Community Davelopment Dapartment of the City of San Bernardino, to
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1 make changes in the budget durirXJ the first three (3) quarters of the fiscal
2 year, so long as Subrecipient is in carrpliance with Section "2" of this
3 Agreement at the time of submission of the budget modification request. A
4 variation in the itemization of costs, as set forth in the budget sul:xnitterl
5 to City by Subrecipient, not to exceed ten percent (10%) as to any particular
6 line item, shall be all=ed provided that the prior written approval of the
7 Director of Community Development of the City of San Bernardino is obtained,
8 it being understood that the total anount of the grant shall not be varied
9 thereby,
10 (f) 1he parties intend that grant funds be utilized within the time
11 period =vered by this agreement, and entitlement to any funds not experrled
12 or obligated shall revert to the City. No reserve for the future shall be
13 established with the funds except as may be authorized to meet commit:rrents
14 made for services provided durirXJ the period of this Agreement, but not yet
15 paid for at the conclusion of this Agreement.
16 (g) Subrecipient shall remain in carrpliance with all state, federal
17 and local laws prior to the receipt of any rei1nbursement hereunder. This
18 includes, but is not limited to, all laws and regulations relative to the
19 fom of organization, local business licenses and any laws and regulations
20 specific to the business and activity carried out by Subrecipient. Reim-
21 bursement shall not be made to a Subrecipient which is not operatirXJ in
22 carrpliance with all applicable laws. Rei1nbursements may be subsequently
23 paid, at the discretion of the Director of Community Development, for
24 reilnbursement costs incurred during the period when carrpliance is achieved
25 before expiration of this Agreement.
26 5. Accountinq; Audit.
27 (a) Prior to the final payment under this Agreement, and at such
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other tines as may be requested by the Director of Calmnunity Developnent of
the City of San Bernardino, Subrecipient shall submit to the Director an
a==ting of the proposed am actual expenditures of all revenues from
whatever source a=ruing to the organization for the fiscal year errling June
30, 1991.
(b) Financial records shall be maintained by Subrecipient in a=rd-
ance with Generally Accepted Accounting Principles, am in a manner which
pennits City to trace the expenditures of funjs to source dOCUlt'entation. All
books am records of Subrecipient are to be kept open for inspection at any
time during the business day by the City, its officers or agents, am by any
representative of the United states of America authorized to audit community
developnent block grant programs.
(c) Standards for financial management systems am financial report-
ing requirements established by 24 CFR, Parts 85.20 am 85.22 shall be fully
carrplied with by Subrecipient. Subrecipient acknc1wledges that the fun::ls pro-
vided are federal funjs.
(d) Subrecipient's financial management system shall provide for
accurate, current am carrplete disclosure of the financial results of each
program sponsored by this Agreement. It is the responsibility of Subreci-
pient to adequately safeguard all assets of the program, am SUbrecipient
shall assure that they are used solely for authorized purposes.
(e) In addition to the foregoing, Subrecipient shall at its own
expense have the City-ftmded portion of its program audited annually, am
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provide to City a copy of the audit report within sixty (60) days after
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receipt of the report by Subrecipient.
SUch audit IlIUSt be perfonned by a
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Certified Public A==tant or some other indeperrlent auditor approved in
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advance by the City's Director of the Corrrrnunity Developnent.
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6. services Available to Residents: Monitorioo and Reoortioo Proclram
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1 Perfonnance.
2 The services of Subrecipient shall be made available to residents and
3 inhabitants of the City of San Bernardino unless otheIWise noted in Exhibit
4 "A". No person shall be denied service because of race, color, national
5 origin, creed, sex, marital status, or physical han:licap. Subrecipient shall
6 <XlItply with Affirmative Action guidelines in its employment practices. Subre-
7 cipient shall also monitor the program's activities and submit written re-
8 ports quarterly, or more often if requested, to the Director of Community
9 Development of the City of San Bernardino, in a=rdance with 24 CFR, Part
10 85.41(c) (d), and Part 85.21. Failure to provide such quarterly performance
11 reports constitutes a violation of this Agreement. F\1rther, the processing
12 by City of Subrecipient's requests for rei1nbursement shall be halted follow-
13 ing such breach, and shall subject Subrecipient to temporary withholding as
14 provided for in Paragraph 11 hereof. City reserves the right to waive such
15 breach, without prejudice to any other of its rights hereuroer, upon a find-
16 ing by the Director of Community Development that such failure was due to
17 extraordinary circumstances and that such breach has been timely cured with-
18 out prejudice to the City.
19 7. Procurement Practices; Conflict of Interest.
20 Subrecipient shall comply with pr=urement procedures and guidelines
21 established by 24 CFR, Part 85.36(d) (1), Subrecipient "Procurement stan-
22 dards". In addition to the specific requirements of 24 CFR, Part 85, Subre-
23 cipient shall maintain a code or standards of conduct which shall govern the
24 performance of its officers, employees or agents in contracting with and ex-
25 pending the federal grant turds made available to Subrecipient uroer this
26 Agreement. Subrecipient's officers, employees or agents shall neither soli-
27 cit nor accept gratuities, favors, or anything of monetary value fram con-
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tractors or potential =ntractors. To the extent pennissable by state law,
rules, an::i regulations, the staIXlards adopted by Subrecipient shall provide
for penalties, sanctions or other disciplinary actions to be applied for
violations of such staIXlards by either the Subrecipient I s officers, errployees
or agents, or by =ntractors or its agents. Subrecipient shall provide a
=py of the =de or staIXlards adopted to City forthwith. Subrecipient shall
undertake infornal procurement methods for purchases that do not =st more
than $25,000.00, in the aggregate, which call for price or rate quotations
fram an adequate number of qualified sources. 'Ibe Subrecipient shall be
alert to organizational =nflicts of interest or non-competitive practices
among =ntractors which may restrict or eliminate =rnpetition or otherwise
restrain trade. Subrecipient agrees to adhere to =nflict of interest
provisions set forth in 24 CPR, Part 570.611 an::i to the procurement rules set
forth in 24 CPR, Part 85.36, in its expenditure of all funds received under
this Agreement.
8. 1\nti-Kick Back Provisions: Ecrual Dnplovrnent Opportunity.
All =ntracts for =nstruction or repair using funds provided under
this Agreement shall include a provision for corrpliance with the Copelan::i
"Anti-Kick Back" Act (18.U.S.C. 874) as supplemented in Department of Labor
Regulations (29 CPR, Part 3). 'Ibis Act provides that each =ntractor or
subgrantee shall be prohibited fram inducing, by any means, any person errplo-
yed in the =nstruction, corrpletion or repair of public work, to give up any
part of the compensation to which he/she is otherwise entitled. Subrecipient
shall report all suspected or reported violations to City. All =ntracts in
excess of $10,000.00 entered into by Subrecipient using funds provided under
this Agreement shall =ntain a provision requiring =rrpliance with Equal
Errployment Opportunity provisions established by Executive Order Number
11246, as amended.
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1 9. Prevailinq Waae Reclui.rement.
2 Any construction contracts awarded by SUbrecipient using furrls pro-
3 vided uroer this AgreelOOl1t in excess of $2,000.00 shall include a provision
4 for compliance with the Davis-Bacon Act (40.U.S.c. 276(a) to 276(a) 7) and as
5 supplemented by the Department of Labor Regulations (29 CFR). Urrler this
6 Act, contractors shall be required to pay wages to laborers and IrEChanics at
7 a rate not less than the minimum wages specified in a wage detennination made
8 by the Secretary of Labor. In addition, contractors shall be required to pay
9 wages not less often than once a week. SUbrecipient shall place a copy of
10 the =ent prevailing wage detennination issued by the Department of Labor
11 in each solicitation and the award of a contract shall be conditioned upon
12 the acx:eptance of the wage determination. SUbrecipient shall report all sus-
13 pected or reported violations to City.
14 10. 1IoProval of City of any Charqes; Use of ProcIram Inoane.
15 (a) City hereby requires SUbrecipient to notify the City, in writing,
16 of its intent to charge a fee for any service, the provision of which is as-
17 sisted pursuant to this AgreelOOl1t. City requires SUbrecipient to obtain the
18 prior written approval of City for any charges or fees to be charged by Sub-
19 recipient for such services, and of any rules and regulations governing the
20 provision of services hereuroer.
21 (b) Program in=ne represents gross income received by the SUbreci-
22 pient directly generated from the use of the furUs provided hereuroer. SUch
23 earnings include interest earned on advances and may include, but will not be
24 limited to, income from service fees, sale of COI11lOCJdities, usage and rental
25 fees for real or personal property purchased using the furrls provided by this
26 AgreelOOl1t. As to such income, it shall be first applied to eligible program
27 activities, before requests for reimbursement and, in the use, shall be sub-
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ject to all applicable provisions of this Agreement. Income not so applied
shall be remitted to City. Subrecipient shall remit all unspent program in-
come to the City within thirty (30) clays subsequent to the end of the prcgram
year (June 30, 1991).
11. Temporary Withho1dinq.
The Director of Community Development of the City of San Bernardino
is authorized to withhold the payment of fun:ls to Subrecipient when the Di-
rector detennines that any violation of this Agreement has occurred. F\mds
shall be withheld until the violation is correcterl to the satisfaction of the
Director. Subrecipient shall have the right to appeal the decision of the
Director to the Mayor and Cornlron Council. The sole grounds for such appeal
shall be that no violation of the Agreement has occurred. Subrecipient shall
file such appeal within fifteen (15) clays after such first notice of with-
holding. The Mayor and Cornlron Council shall set a date for the hearing of
such appeal which is within thirty (30) clays following the date of filing.
12. Records Retention.
Financial records, supporting dOCl.llrel1ts, statistical records, and all
other records pertaining to the use of the fun:ls provided under this Agree-
ment shall be retained by Subrecipient for a period of three (3) years, at a
minimum, and in the event of litigation, claim or audit, the records shall be
retained until all litigation, claims and audit findings involving the re-
cords, have been fully resolved. Records for non-expendable property ac-
quired with federal fun:ls provided under this Agreement shall be retained for
three (3) years after the final disposition of such property.
13. Property Manaqernent standards.
Non-expendable personal property, for the purposes of this Agreement,
is defined as tangible personal property purchased in whole or in part with
fun:ls provided under this Agreement, which has a useful life of more than one
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1 (1) year and an acquisition cost of one-thousand dollars ($1,000.00), or more
2 per unit. Real property means land, including land :i1nprovements, stru.ctures
3 and appurtenances thereto, excluding lOClVable nachinery and equipment. Non-
-I expen::lable personal property and real property purchased with or :i1nproved by
5 funds provided urrler this agreement shall be subject to the property nanage-
6 ment standards set forth in 24 CFR, Part 85.32.
7 14. Tennination for Cause.
8 (a) city reserves the right to terminate this Agreement in accordance
9 with 24 CFR, Part 85.43, and any and all grants and future payments urrler
10 this Agreement, in whole or in part, at any time before the date of carrple-
11 tion of this Agreement whenever City detemines that the SUbrecipient has
12 naterially failed to carrply with the terms and conditions of this Agreement.
13 In the event City seeks to terminate this Agreement for cause, City shall
14 promptly notify the SUbrecipient in writing of the proposed termination and
15 the reasons therefore, together with the proposed effective date. SUbreci-
16 pient shall be given an opportunity to appear before the Mayor and Cammon
17 Council at the time which the Mayor and Common Council are to consider such
18 recommended termination, and shall be given a reasonable opportunity to shCM
19 cause why, if any exists, the Agreement should not be terminated for cause.
20 Upon determination by the Mayor and Cammon council that the Agreement should
21 be terminated for cause, notice thereof, including reasons for the detennina-
22 tion, shall prorrq::>tly be nailed to the SUbrecipient, together with infornation
23 as to the effective date of the termination. Such notice nay be given orally
24 at that hearing. 'Ihe determination of the Mayor and Cammon Council as to
25 cause shall be final.
26 (b) In the event of any termination whether for cause or for conven-
27 ience, SUbrecipient shall forthwith provide to the Community Development De-
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partrnent any am. all dOClU1leJ1tation needed by the Comrmmity I:evelopnent l):-
partrnent to establish a full record of all IOClnies received by SUbrecipient
am. to dOClU1leJ1t the uses of same.
15. Tennination for COnvenience.
City or SUbrecipient may tenninate this Agreement, in accordance with
24 CFR, Part 85.44, in whole or in part provided both parties agree that the
continuation of the project would not produce beneficial results canroonsurate
with further expenditure of funds. In such event, the parties shall agree
upon the tennination conditions, including the effective date am., in the
case of partial tenninations, the portion to be tenninated. '!he SUbrecipient
shall not incur new obligations for the tenninated portion after the effec-
tive date am. shall cancel as many outstanding obligations as possible. City
shall allow SUbrecipient full credit for the City's share of the non-cancell-
able obligations properly incurred by the SUbrecipient prior to tennination.
16. Reversion of Assets.
SUbrecipient agrees that upon expiration of this lIgreenent, the Sub-
recipient shall transfer to the City any am. all CDB:; funds not used at the
time of expiration am. any accounts receivable attributable to the use of
CDB3 funds. SUbrecipient agrees that any real property under its control,
which was acquired or improved, in whole or in part, with CDB3 funds 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 re:iJ1lbursed in the aIOC>unt of the current fair market value of the
property less any portion thereof attributable to expenditure of, or irrprove-
ment to, the property by SUbrecipient. Such rei1nbursement is not required
after the period of time specified, in (i) above.
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1 17. Hold Harmless.
2 Subrecipient agrees to indemnify, save arrl hold hanuless the city and
3 its errployees and agents fram all liabilities arrl charges, expenses (includ-
4 ing =unsel fees), suits or losses, however oa::urring, or damages, arising or
5 growing out of the use of or receipt of funds paid un::ler this Agreement arrl
6 all operations un::ler this Agreement. Payments un::ler this Agreement are I1'ade
7 with the un::lerstanding that the City is not involved in the perfonnance of
8 services or other activities of the Subrecipient. Subrecipient arrl its ern-
9 ployees and agents are independent =ntractors and not errployees or agents of
10 City.
11 18. 1'>mendment.
12 'Ihis Agreement l1'ay be amended or m:xiified only by written agreement
13 signed by both parties, and failure on the part of either party to enforce
14 any provision of this Agreement shall not be =nstrued as a waiver of the
15 right to corrpel enforcement of any provision or provisions.
16 19. Assi<mment.
17 This Agreement shall not be assigned by Subrecipient without the
18 prior written =nsent of city.
19 20. Notices.
20 All notices herein required shall be in writing and delivered in
21 person or sent certified l1'ail, postage prepaid, addressed as follows:
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23 As to city:
24 Director
Camn.mi.ty Developnent Dept.
25 City Hall, Fifth Floor
300 North II!)1I street
26 San Bernardino, Calif. 92418
As to Subrecipient:
Mr. Brian Bost, Director
Easter Seal Society/Inland Area Head
Injury SUWOrt Group
241 East Ninth street
San Bernardino, CA 92410
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21. Evidence of Authoritv.
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1 SUbrecipient shall provide to City evidence in the fonn of a certi-
2 fied copy of minutes of the governing body of SUbrecipient, or other adequate
3 proof, that this Agreement has been approved in all its detail by the govern-
4 ing body of the SUbrecipient, that the person(s) executing it are authorized
5 to act on behalf of SUbrecipient, and that this Agreement is a booing obli-
6 gation on SUbrecipient.
7 22. Certification and Assurance.
8 SUbrecipient shall comply with the program requirements attached
9 hereto as Exhibit "e" which are incorporated by reference as though fully set
1 0 forth at length and made a part of this agreement by execution of all certi-
11 fications and assurances of the CDe:; program.
12 23. Entire Aclreement.
13 'Ibis Agreement and any document or instrurrent attached hereto or re-
14 ferred to herein integrates all tenns and conditions JreI1tioned herein or in-
15 cidental hereto, and supercedes all negotiations and prior writing with re-
16 spect to the subject matter hereof. In the event of conflict between the
17 tenns, conditions or provisions of this Agreement, and any such document or
18 instruJrel1t, the tenns and conditions of this Agreement shall prevail.
19 24. No Third Party Beneficiaries.
20 No third party shall be deemed to have any rights hereunder against
21 any of the parties hereto as a result of this Agreement.
CDoo J\GREEMENT BE'IWEEN CITY 0F Sl\N BERNARDIN) AND E1lBTER SE1lL
SOCIETY/INIAND AREA HEW INJURY SUProRT ProGRAM
1 IN WI'INESS WHERIDF, the parties hereto have executed this agreement on
2 the day and year first hereinabove written.
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C(~tyl)~
:7~z~
President
BY:
,/)) izi;.... /
J(~/~ ; ~itf~
/ "I~ ~r",J'A t
Approved as to fonn
and legal content:
JAMES F. PENMAN,
15 City Attorney
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BY:
28 7/05/90
-14-
March 22, 1990
Easter Seal Society
COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION
City of San Bernardino
Project Description
BACKGROUND: Traumatic Brain Injury (TBI), Head Injury, Acquired Brain Injury,
Whatever you call it, injury that results in damage to the brain, the effects
are usually devastating and life-long. When the injury occurs as a result of
an external blow to the head, in an accident, or from internal causes, such as
a stroke, the resulting cognitive, emotional, personality and functional problems
are overwhelming to the victims and their families alike.
There has been a dramatic increase in the number of Head Injury Survivors in
the ~st twelve years due to improved survival rates brought about by Techno-
logical and medical developments. However, while we are bringing brain-
damaged persons back from the brink of death, we, as a Society, are not pro-
viding the on-going therapies needed to help many survivors achieve indepen-
dent functioning or to resume gainful employment.
Inland Counties Resource Center, one of the Department of Mental Health
funded Regional Resource Centers for caregivers of brain impaired adults,
reports that in the period from November 1985 to November 1989, they have
done intakes on 319 Head Injury cases. According to David Frazier, Program
Director, Inland Counties Resource Center, their intakes are, for the most
part, comprised of young men 18 to 35, who are living with their parents,
or other family members, on, or applying for, SSI and Medi-Cal. Their
principal requests are for case management, help with finding of independent
living that also provides structure training towards greater independence,
counselling, assistance with accessing the Department of Rehabilitation,
and for help with getting and keeping a job.
Inland Counties Resource Center also provided discharge data that they
purchased from Inland Counties Health Systems Agency. For ICD codes 800 to
804 and 850 to 854, which catches most typ.s of Head Injuries including
concussion, skull fractures, etc., the number of individuals 18 and over
which sustain such injuries is alarming. In 1983, 2,604 individuals were
discharged to homes in the Inland Empire with head injuries of the ICD codes
mentioned above. In 1984, the data showed 1,019 such discharges. In 1986,
the number collected in the ICHSA report only showed discharges from the
hospitals within the larger Inland Empire including the Coachella Valley and
Barstow areas. That year, 3,002 adults were discharged with head injuries.
Examining the data, it is difficult to state how many of these individuals
are duplicated in counts and more critically, we can't tell the severity
EXHllilT 'A'
07/05/90
Page 2
of their injuries. The data collection method currently used by hospitals,
do not adequately give us the picture of the diagnosis and prognosis of these
individuals. We don't know, for example, the degree, if any, of impairments
in cognitive functioning a month after the accident. If, however, we guess
that 10% of the total were unduplicated and sustained damage severe enough
to impair their ability to return to work and normal functioning in other
areas of personal care and interpersonal relationships, we would still
have a large number of individuals in the service area who would benefit
from the Easter Seal program. David Fraizer estimated some 660 Head Injury
Survivors. Each Survivor usually has two to four family members that are
also affected by the injury to the Survivor. Approximately 2,000 people
need services.
In 1984, the Inland Area Head Injury Support Group was formed. The Group
originally met at San Bernardino Community Hospital. The Group moved to
the Center for Individuals with Disabilities and back to Community Hospital.
In 1986, the Inland Area Head Injury Support Group moved to Easter Seals.
For the past three years, the City of San Bernardino has supported programs
for Head Injury through Community Development Block Grant funds. With
these starter funds, Easter Seals has been able to have day treatment
programs, counseling services, Community Public Awareness, newsletters,
speakers and crises intervention. The support group has regular meetings
at Easter Seals.
The need for a central place wi th information on Head Injury was identified.
A resource library has been set up at Easter Seals which includes materials'
frOlll the National Head Injury Foundation, videos and locally developed
materials, (including some translated into Spanish). This Library is used
by families, survivors and professionals.
Low to Moderate Income
The Head Injury Program is for families with low to moderate income.
Families that have insurance have the opportunity to go to a private rehab-
ilitation facility. The cost for services at a residential care facility that
specializes in Head Injury Survivors is approximately $500.00 per day. Not
very many families can afford LIe high daily rate.
The people that we serve will generally be on Social Security Insurance and/or
Medi-Cal. Many times a two family income has been changed by a head injury,
so that no one can work. The husband may be injured in an accident and the
wife has to stay home to take care of him. Soon the family resources are
gone and the family is faced with debt, emotional distress, frustration
and a real crises developes.
Program Goals
1. Have Program Director that works full time for the Head Injured Survivors
and their families.
2. Provide Counseling Services for Head Injured Survivors.
3. Provide Counseling Services for family members and caregivers of the Head
Injured Survivor.
Page 3
Program Goals (Continued)
4. Expand resource materials with the latest information on Head Injury for
families and the Survivors.
5. Have Public Awareness Campaign involving the media -- the importance of wearing
helmets when riding a motorcycle or bicycle, wear seat belts, car seats for
children.
6. Education program for school personnel, so that they will be able to recognize
the symptoms of children that may have head injuries, but may not be diagnosed.
7. Develop a video of Head Injury Survivor victory stories in order to increase
public awareness of challenges and the potential of Survivors. The video
would also be used with families that have one of their members still in
the hospital and perhaps in a coma.
8. Set up exsisting computer with new cognitive rehabilitation programs for
client use.
9. Provide Case Management for clients, so that they understand the services
available, such as counseling, job training, job placement and housing.
10. Communication is provided to the Survivors and their families through
Newsletters and flyers. This is done on a monthly basis.
11. To improve social skills monthly outings will be taken by members of the
group.
C I TT OF SAlI !ERJIA)J) I It()
CDBG )j()1fTHL T !lJDGU !u.u:ooww
SUUECIPIKWT. Easter Seal Society )j()RTII tl 2 Months TKAI.1990/91
=----- -
AHOUllT IIY FUJiDIRC SOURCE. g~ ~~rlin Invest
mf>nts =-~
P A YKE JlA)!!. 18.4'1. 173.4'1. 8.2 'I. 'I. 'I. 'I. 'I. . 1001
1. Michael Blatnick 12,000 0 0 12,000
2. F ran Langston 400 13,590 1,506 15,496
oaruara wessel JUL flJ, flU ",JJU 15,600
3.
4. Prof. Services/Counse 5,000 7,200 800 13,000
5.
- F,70C 3f,560 ~ -
SALARY SUllTOTALS. $,836 $ $ $ $ $6,U~c
-
6. FICA/STJI 4,267 474 4,741
7. LIYE/HEALTB/DEllTAL lHS. 780 3,510 390 4,680
8. 0'I1IEll
9.
10.
$8,480 'f,337 ~,700 - I~),:)l/
SALARY AHD BENEfITS TOTALS. $ $ $ $
11. ACCOUllTDlG/BOOKKEEPlRC
12. RKlilT
13: mn.rrll!S /Telephone 920 ~3,592 1,511 16,023
14. IJISURAJlCE
15. OFFICE SUPPLIES
-
.M~ter}alS ~3,866
16.postage/pnn lng 600 2,652 27,118
17.
18.
19.
20.
21. "
.
22. .. 'c,' .
-=- = -
HOllYHL Y GRAlID TOTALS. ~o,OOO ~~, 79' $8,863 $ $ , $ '.. $ 108,65
;
EXHIBIT "B"
07/05/90
CITY OF SAN BERNARDINO
COMMUNITY DEVELOPKENT DEPAJl.TKENT
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM REQUIREMENTS
FOR
SUBRECIPIENTS
prepare~: February, 1989
EXHIBIT 'C'
CITY OF SAN B~RNARDINO
COMMUNITY DEVELOPMENT DEPARTMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Supplemental Information for Subrecipient
As a successful applicant of the City of San Bernardino FY
1989/1990 Community Development Block Grant (CDBG) Program,
you are not only agreeing to provide the services as stated
in your application, but also to abide by the CDBG Program
requirements and responsibilities. To further assist you in
understanding said requirements and responsibilities, the
following summaries and attachments have been prepared to
introduce to or update you on each item. Additionally, this
instructional package will require your governing body
designated official to read and sign his/her signature as
part of the CDBG agreement.
Monthlv Request for Reimbursement
Deadline:
Due the fifth (5th) day after end of each calen-
dar month unless otherwise stated in the CDBG
agreement.
Include the following:
a) One (1) completed Request for Reimbursement form.
b) One (1) copy of all checks issued that are being
reimbursed.
c) One (1) copy of all bills/receipts that support check(s)
issued.
d) One (1) copy of all payroll check(s) that are being reim-
bursed.
e) One (1) copy of all check stubs, accounting ledgers,
and/or other documentation that reflect gross salary and
all deductions for each check(s) issued.
f) One (1) page narrative describing activities undertaken
during the month included for reimbursement.
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 incurred within the scope of the executed agreement and
that the subrecipient continues to comply with the terms and
conditions of the CDBG agreement. (Generally, invoices are
processed within ten (10) days of receipt of same.) The City
reserves the right to defer processing of invoices and
withhold payments until all required reports, statements,
and/or certificates have been submitted and, where necessary,
approved.
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CDBG PROGRAM
Supplemental Information
a) All accounting records and evidence pertaining to all
costs of each subrecipient and all documents related to
the CDBG agreement shall be retained and available for
three (3) years following the completion of the funded
program.
b) Each subrecipient agrees to allow the City of San Bernar-
dino Community Development Department to audit the funded
program as part of its annual audit of all CDBG funds
pursuant to federal regulations set forth in Title 24 of
the Code of Federal Regulations.
Reports/Reportinq Requirements and Records/Record Keepinq
Requirements
While staff realizes that report writing and record-keeping
are not the most desirable aspects of any program, it is one
vehicle that provides a measure of program progress and
accomplishments. Thus, all subrecipients participating in
the CDBG Program are required to provide the city of San
Bernardino Community Development Department with written
reports of its activities on or before the tenth (lOth) day
of October, January, April and July of any given program year
for the previous three (3) month period in addition to a
final report when the agreement terminates. All reports
shall include information on program activities, accomplish-
ments, new program information and current program statistics
on expenditures, case loads and activities of the reporting
period.
Each subrecipient is also required to maintain monthly
records of all ethnic and racial statistics of persons and
families assisted by its program(s). This monthly record
shall include data on the number of low and moderate income
persons and households assisted, (as determined by federal
income limits), number of female-headed households, and
number of senior citizens assisted. As mentioned earlier,
each subrecipient is required to keep all accounting records
and evidence pertaining to all costs for three (3) years
following completion of the funded program.
Quarter1v Reports
Deadlines: October 10 -- for period covering July 1, to
September 30, of program year.
January 10 -- for period covering October 1, to
December 31, of program year.
3
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COBG PROGRAM
Supplemental Information
April 10 -- for period covering January 1, to
March 31, of program year.
July 10 -- for period covering April 1 to June
30, of program year.
Include the following:
a) One (1) completed Activity Report (form number 802).
b) One (1) competed Direct Benefit Report (form number
045(a).
c) One (1) completed Contract and Subcontract Activity Report
(form OMB 2506-006). (For construction projects only.)
It is the responsibility of the subrecipient to prepare and
submit the required reports by the above stated deadlines in
order to keep city staff informed of any changes to the
funded program(s).
Proqram Monitoring
One of the city's responsibilities is to monitor each
subrecipient at least once a year. Not only are the
monitoring visits intended to ensure each agency's continued
compliance with COBG requirements, but also serve as an
opportunity for city staff to become more knowledgeable of
each agency's program(s). The monitoring visits also serve
as an opportunity to provide information to other city staff,
the Mayor and Common Council and other interested persons.
Listed below is typical information city staff will be
seeking, observations that might be made, and items we may
wish to review:
a) The accomplishment(s) of the program(s) to date.
b) Whether or not program objectives are being met.
c) That the intended client group is being served.
d) The number of people on staff.
e) The existence and maintenance of client files.
f) Assistance City staff can provide.
In addition to monitoring each agency once a year, the city
of San Bernardino Community Development Department reserves
the right to have its internal auditor conduct an onsite
audit of the program as part of the its annual audit of all
COBG funds pursuant to Federal Regulations.
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CDBG PROGRAM
Supplemental Information
Although the terms "monitoring" and "audit" may appear
somewhat formidable, please be assured that your agency will
be notified in advance of any request for a monitoring visit.
Also, please be advised that representatives from HUD monitor
the CDBG program every year. During HUD visit(s), they may
wish to monitor one (1) or more of the City's subrecipients.
If your agency should be selected, you will be notified in
advance in order to arrange a mutually convenient time.
Proqram Budqet
Another required element of your CDBG agreement with the City
is the program budget. Please submit an updated line item
budget reflecting your approved CDBG allocation. Also,
include a copy of your overall program budget with a summary
of your funding source(s) and the total agency budget. The
CDBG portion of your total program or agency budget should be
identifiable.
In past years, several agencies have raised questions regard-
ing minor budget modifications or adjustments. Staff
realizes that the approved budget may require minor adjust-
ments during the life of the program and request that you
discuss proposed changes with Community Development Depart-
ment staff.
Again, please be reminded that capital or non-expendable
equipment is not to be purchased with CDBG funds. If you
need to acquire such equipment, please discuss it with
Community Development Department staff.
Purchase of Personal Property or Equipment (Read Section 13
of the COBG Aqreement
All tangible personal property having a useful life of more
than one (1) year and an acquisition cost of three hundred
dollars ($300.00) or more per unit shall be subject to the
requirements of the Property Management Standards specified
in 24 CFR, Part 85.32, "Common Rule".
Procedures
a) All equipment and property purchased in accordance with
the above standards shall be identified as "Federal
Property-HUD", (include your internal Identification
Number). Identification may be achieved by tagging or
engraving the property or by any method that will result
in property Identification Number being permanently
affixed.
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"
CDBG Program
Supplemental Information
b) Maintain a separate record of all such equipment and
property. Information shall include:
1. Name/Description
2. Serial Number
3. Identification Number
4. Date Purchased
5. Purchase Price
6. Condition (i.e., excel lent/good/fa ir/poor)
7. Characteristics (i,e., color/features, etc.)
8. Physical Location (i.e., address/office/room, etc.)
c) Submit an inventory listing to the City of San Bernardino
Community Development Department each year endinq June 30.
Said listing is to be submitted by July 10 following the
end of the year. The list should include all the
information included in item (b).
d) A written request must be submitted to the City of San
Bernardino Community Development Department for any
approved purchases that are not in the originally approved
budget (see agreement). written authorization must be
obtained from the Community Development Department by
subrecipient prior to the purchase of any equipment,
whether or not said equipment was included in the agency's
original budget.
e) It is the responsibility of the subrecipient to maintain
and repair all property and equipment purchased with CDBG
funds. It is also the responsibility of the subrecipient
to identify all purchased equipment and property with tags
or engraving, and to supply same.
Fiscal Accountinq and Audit Documentation
The city of San Bernardino Community Development Department
requires each agency to observe and comply with all account
ing rules and audit procedures as set forth in the CDBG
agreement. The following is a brief description of the most
prominent requirements:
a) As a participant in the City of San Bernardino CDBG
Program, each subrecipient agrees to keep all funds
received from the City separate from any other sources of
funding.
b) Each subrecipient also agrees
received from the City of San
with the procedures set forth
and Administrative Handbook".
attached.
to keep records of all funds
Bernardino in accordance
in the "Agreement Accounting
A copy of the Handbook is
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~
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CDBG Program
Supplemental Information
AUdits
Each subrecipient shall provide the City of San Bernardino
Community Development Department with an audit report,
completed and signed by a Certified Public Accountant. The
audit shall include all information pertinent to the CDBG
funded program including any audit findings.
The audit report shall be prepared and submitted to the City
of San Bernardino Community Development Department as soon
after the close of the year ending June 30, as is possible,
or immediately after the subrecipient's regular audit is
completed (whichever is first).
certification and Assurance
Attached is a copy of the Certification and Assurance form to
be prepared and signed by the designated governing offi-
cial(s) of the subrecipient agency. This document is to be
attached to the CDBG agreement and shall become part of the
governing requirements.
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f
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CITY OF BAN BERNARDINO
COMMUNITY DEVELOPMENT DEPARTMENT
"certification and Assurance"
(To Accompany CDBG Agreement)
I I
, of
the
(Name
Brian BQS\ Chief E:ifc~t~y' Officer . .
Name an 1 e of 0 f1c1al)
Easter S~I Soci~ty of the Inland Counties
of Agency Organ1zat1on)
located at 241 East Ninth Str€)\,t, San Bernardino
do hereby make the following certification and assurance to
accompany the Community Development Block Grant Agreement
between Easter Seal SocietylInland Area Head Injury Support. ProgrOOl1ame
of organization) and the city of San Bernardino:
a) Certify that the information booklet for CDBG Program
requirements has been read and understood; and
b) Assure that the Fil,tPf SPill Snript.}'
(name of Agency) will comply witfi all governing require-
ments as stipulated herewith in the performance of the
CDBG Agreement.
~r~icial)
A'Ig'lst f ~990
Da e)
Community Development Department
(Date)
ELF/lab/3025
2/1989
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