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HomeMy WebLinkAbout2005-009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2005-9 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE SUBMITTAL OF A CDBG GRANT APPLICATION IN THE AMOUNT OF $17,461 FROM THE CITY OF VICTORVILLE FOR THE SENIOR COMPANION PROGRAM (SCP) AND AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES TO ADMINISTER THE GRANT FUNDING. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and Common Council of the City of San Bernardino ratify the submittal of a CDBG Grant Application in the amount of $17,461 from the City of Victorville for the Senior Companion Program (SCP) and authorizing the Director of Parks, Recreation and Community Services to administer the grant funding, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization granted hereunder shall expire and be void and of no further effect if the agreement is not executed by both parties and returned to the office of the City Clerk within one hundred twenty (120) days following the effective date of the resolution. III III III III III III III III III III 2005-9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE SUBMITTAL OF A CDBG GRANT APPLICATION IN THE AMOUNT OF $17,461 FROM THE CITY OF VlCTORVILLE FOR THE SENIOR COMPANION PROGRAM (SCP) AND AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES TO ADMINISTER THE GRANT FUNDING. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint adjourned and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 10th day of January , 2005, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MCGINNIS x DERRY x KELLEY x JOHNSON x MCCAMMACK x 2005. The foregoing resolution is hereby approved t . day of January Approved as to Form and legal content: JAMES F. PENMAN, City Attorney By: 2005-9 Exhibit "A" CITY Of V1CTORVILLE HOUSING AND COMMUNITY DEVELOPMENT GRANTS APPLICATION PACKAGE Supporting Documentation In order for applications to be considered complete, the following supporting documantation must be attached to the application: Articles of Incorporation; By-Laws; list of Board of DirEiClors; Audited Financial Statements; Proof of Non-profit Status (a,g. 501(c)(3)); and Adoptad Budget. Other supporting documentation may be requirad depending on the application and project, read each application carefully for these requirements. Application Eligibility Victorvme city staff will review all proposals for eligibility 8ld consistency wilh CDBG and HOME objectives and the strategies and goals of the Consolidated Plan. Programs and projects considered for funding must meet the folowing requirements as further ouUined herein: 1) be an eligible activity for CDBG or HOME funding; 2) quaUfy for funding on the basis of principally benefiting Iow~noome persons; and 3) meet one of the City of VictorvUle's Consolidated Plan Priorities/Objectives outlined in Section 3, entitted "Funding Priorities". Eligible proposals will be forwarded to the City Council for funding and priority awards. The City Council has the final decision authority in funding Housing and Community Devetopment Grant program appHcations. Public Hearing The Voctorville City Council wiN hold a public hearing to consider the eligible applications for fiscal year 200f>.2006 on or about January 25, 2005. All applicants will receive notice of the public hearing. Application Deadline "<''-''';'+':' \-:-:'-: ,,__,,::, :"_""::,.,:,,,<~",~,,-" "",,' -,AI City of VictorvflIe Project Applications wiD be accepted unliI 8:00 p.m., -..............Diii!illliliii z3:!'2lI04j Applications must be delivered to the Finance Department, City Hall, 14343 Civic Drive, Victorville, not later than 3:00 p.m. on that date in order to be considered eUgible. Faxed or &IIlailed applications will not be accepted. For more Information, application forms, or for questions, contact Francene Mmender, Management Technician, at (760) 243-6322 or by &IIlail at: fmillender@ci.victorville.ca.us. Submit project Applications to: Housing and Co"""unity Development Grants Program Attn: Finance Department City of Vlctorville 14343 Civic DrIve, P.O. Box 5001 VlCtorville, CA 92393-5001 Fiscal Year 200f>.2006 . 2Q~ll;b '1:/~~,~ ..;."\ '~ ~, '" " S'" ~ " ~ ' 1 I '. ~' "\<,~...=-",/ '^.~"n?~~'c Exhibit "A" tit !;'i,-~":'~'G Uf't'UKTUN'TV City of Victorville Housing and Community Development Grants Program Program Year July 1,2005 through June 30, 2006 PUBLIC SERVICE PROGRAM - Application Fonn - f t PUBLIC SERVICE PROGRAMS involve the use of CDBG funds to pay the non-construction costs of providing services such as: job training and employment; health care and substance abuse; child care; recreational services; crime prevention; graffiti removal; services to presumed benefit clientele; and fair housing counseling, Tvoe or Print A APPLICANT INFORMATION 1. Name of Applicant: City of San Bermardino SENIOR COMPANION PROGRAM 2. Mailing Address: c)) West 5th Street, San Bernardino, CA 92410 3. Contact Person (name and title): Betty Deal, Program Manager 4. Phone No.:909-384-5413 Fax NO.909-889-980 1 E-mail:deal be@sbcity.org 5. Organizational Structure: Il!I Government or Public Agency 0 Non-Profit Corporation o Other (specify); (Recipients must be incorporated public or private non-profit organizations.) 6. . For Non-Profit, identify status [e.g. 501(c)(3)]: 7. Federall.D. Number or Social Security Number: 956000772 8. City of VlCtorville Business License Number: B. PROGRAM DESCRIPTION 1. NameotProgram: SENIOR COMPANION PROGRAM 2. Program Description. Using 25 words or less, provide a concise description of the proposed program. This 25 word description is required in order for this application to be considered complete. A more detailed program description is also required in Attachment "A" of this application. Seniors 60+ provide personal services to low-income, homebound, handicapped or elderly persons needing grocery- shopping, meal-preparation, escort to medical appointments, stimulation and/or companionship. C. PROGRAM CHARACTERISTICS 1. Project type: 1CI Public Service o Fair Housing Services o Other (specify) 2. Street address and nearest cross streets of the sne or office where the program will be conducted: 3. ~!J~~Jf~g~~~!~~~n~~Yfsb:i~~n~~c~~ad~~t~~rt~u~h~rlv~iecg~~~~ g~i~i~~n~~ !~2~geB~t€y. County Of San Bernardino and private homeowners 4. Local zoning restrictions that would affect the program: None 5. Condfunal use permn required? 0 Yes (attach copy) m No 6. Describe the community need(s) addressed by this proposal: low-income adults, frail elderly, persons with severe disabilities, isolation, lack of transportation to medical services and grocery shopping. 2005-9 Exhibit "A" '1 PUBLIC SERVICE PROGRAM l H. AUTHORIZED SIGNATURE To the best of my knowledge, the information provided on this application is true, complete, and accurate and I am authorized \0 submit this application on behalf of the applicant agency. Name: Phone: Signature: . City staff will conduct a techno assist8'1ce workshop \0 assist in the preparation of applications on Thul'llday, December 9, 2004 9:00 a.m. in City Hall, Conference Room A, 14343 Civic Drive, VIctorvllle. All parties interested in submitting a Housing and Community Development Grant application should plan \0 attend. . City of VlCIonIiIle Housing and Community Development Grant Applications w~1 be accepted until Thul'llday, December 23.2004. . Applications must be delillered \0 the Finance Department, City Hall, 14343 Civic OrNe, P.O. Box 5001, VlCIorville, CA 92393 not later than 3:00 D.m. on that date in order \0 be considered eligible. . For more information, or for questions contact Francene Millender, Management Technician, at (760) 243-6322 or by e-mail atfmillenden6lci.vicIorviIle.ca.us. r . 2005-9 Exhibit "A" .~ PUBLIC SERVICE PROGRAM I 7. Descrile the geographic boundaries of the neighborhood, community or area to be served in which clienls of the proposed program reside (e.g. city-wide. COSG Target area, or other): City-wide 8. Is the program located within one of the City's COBG Target Areas (see attached map)? m Yes 0 No 9. List the actual number of people or households served by this program during the most recent 12-month period forVlCtorville: 19 For the VICtor Valley: 8 (other than Victorville) 10. Estinate the number of people or households to be served by this program during FY 200412005 for VlCtorville: 20 11. Estinate the percentage of persons or households to be served by this program that are low and moderate- income. 100% D. PROPOSED PROGRAM BUDGET Provide the financial information in the form below for the appropriate program. The budget categories listed below are not intended to be exhaustive or appropriate for your particular program. A narratille page may be attached to the application to ellplain each line item that is not self-ellplanatory, or to ellplain how the budget figure was arrived at Costs should be based on the best information avaDable. When preparing this information, consider the following factors: COBG Share Other Source Personnel (Wages & Fringe Benefits) $ $ Part-time Coordinator 25 hrsx52wks@$11 h 5 720.00 8 5110.00 ConsultantlContract SeMces $ -0- $ -0- Travel (mDeage x rate .3751mile) $ $ 400 mi x 12 mos. @ $.375 mi. 675.00 I 125.00 Space RentlMortgage $ $ -0- -0- Utilities . $ $ -0- -0- Office Equipment $ $ -0- -0- Supplies $ $ -0- -0- Insurance $ $ -0- -0- Audils $ $ -0- -0- Other (specify) $ $ Vol. stipends $2.65 hrx1044 hrs x 4 vols II ,066 .00 -0- Other (specify) $ $ -0- -0- Total Costa: $ $ 17 461. 00 10.00<;.00 Program Total (COBG + Other): $ 27,466.00 Estimator Name and Tille: Betty Deal, Senior Companion Program Manager 2005-9 I Exhibit "A" PUBLIC SERVICE PROGRAM ~ ATTACHMENT MAw DETAILED PROGRAM DESCRIPTION Within the space provided on this page, provide a detailed desc~tion of the proposed program, its purpose, and its elCpt!ded benelils in quahlifidbh, lerms. Justify the funding request addressing all relevant aspects of the program and the clients or beneficiaries the program will ser;e. The desc~tion must demonlObdlb how the program meets at least one of the National ObjectiYes of the CDBG Program. Please refer to the attached instructions for guidance on factors that will be considered toward funding. Maps, plans. and brochures (only 8 % x 11 paper) may be attached to this application. The Senior Companion Program was formed by the United States Congress in 1974 with a two-fold purpose: 1) utilizing low-income seniors, 60 and older, to provide 20 hours of personal in-home service to adults who need help with activities of daily living, while supplementing their incomes with a tax-free "stipend" and 2) allowing low-income, handicapped, disabled or the frail elderly to remain in their own homes instead of being forced into expensive institutional settings. Services provided include meal preparation, grocery shopping, transportation to medical appointments, reading, writing and providing much-needed stimulation and companionship. In many cases, the Companion is the only contact the client has with the outside world. This link has proven to be most beneficial to the well- .being of the clients,prevents or delays institutionalization. Companions also provide respite to family members who give 24 hour, 7 day a week care to loved ones who suffer from Alzheimer's Disease, other forms of dementia, stroke, etc. This service is extremely important and appreciated by the caregivers, and has proven to prevent abuse caused by overstress on the provider trying to meet all of the needs of their afflicted family members. Benefits to the Companions, besides the tax-free stipends, include lunch reim- bursement, mileage, training, insurance, recognition and the reward of helping others.. It has been proven that Senior Companions live longer and stay healthier than their peers who are not active. There is another very important benefit of this program: it is very cost-effective. The annual cost for one Companion is now approximately $5,000.00. This one Com- panion serves at least four clients every week. Most clients are Medi-cal eligible and therefore would be covered for convalescent hospital residency, which would be paid for by the taxpayers at a cost of $50,000.00 each per year, if this program was not available. $5,000.00 per year per Companion V;;Sus $50,000.00 x 4 clients per year certainly makes good economic sense: spending $5,000.00 per year or 200,000.00 per year is not a difficult choice. .PfZ,i~s 'Dr-+' ~r . \ Proiect # 05-09 CONTRACT This Contract is made and entered into this 1 st day of July 2005, by and between the City of Victorville, hereinafter referred to as "GRANTEE", and Senior Companion Proaram, a non-profit organization, hereinafter referred to as "SUBRECIPIENT". WITNESSETH WHEREAS, the "GRANTEE" tias applied for and received funds from the United States Govemment through its Department of Housing and Urban Development, hereinafter referred to as "HUD", under Title 1 of Housing and Community Development Act of 1974, as amended, hereinafter referred to as the "ACT"; and, WHEREAS, the GRANTEE wishes to engage the SUBRECIPIENT, who is qualified by reason of experience, preparation, organization, staffing, and facilities, to provide the program and/or services as described below in "Scope of Services"; and, WHEREAS, GRANTEE recognizes the public benefit in providing such a program to very low and low- income persons and desires the SUBRECIPIENT to carry out said program on its behalf. NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: 1. SCOPE OF SERVICES A. Activities The SUBRECIPIENT shall carry out the activities as described in EXHIBIT 1 - Scope of Services/Performance Measurement. B. National Obiectives The SUBRECIPIENT certifies that the activities carried out with funds provided under this Contract will meet one or more of the CDBG Program's National Objectives: 1) Benefit low/moderate income persons, 2) Aid in the prevention or elimination of slums or blight, 3) Meet community development needs having a particular urgency - as defined in 24 CFR Part 570.208. 2. TIME OF PERFORMANCE Said services of SUBRECIPIENT are to commence July 1, 2005, and shall be completed no later than June 30, 2006. This Contract does not reimburse any expenditures incurred by the SUBRECIPIENT prior to the date of commencement This Contract does not reimburse any expenditures made after the completion date without written authorization to extend the Contract, but not more than 12 months, as set forth in Section 27, Time of Performance Modifications. The GRANTEE will recapture any funds not expended after the completion date of the Contract. Subrecipient Contract (CDBG)-Public Service/Other Page 1 of 17 City of Viet orville 3. COMPENSATION AND METHOD OF PAYMENT It is expressly agreed and understood that the total amount to be paid by the GRANTEE shall not exceed five-thousand dollars ($5,000). This payment shall constitute full and complete compensation for SUBRECIPIENT services under this Contract. For the purpose of this Contract, GRANTEE shall disburse compensation and monitor SUBRECIPIENT performance in satisfying the scope of work obligations under the terms of this Contract. Disbursement of payments to SUBRECIPIENT shall be made by quarterly reimbursements, contingent upon GRANTEE receipt of a Quarterly Request for Reimbursement attached hereto as EXHIBIT 6 (Summary of Expenses, Itemized Expenses, Weekly Time Sheet, Vehicle Mileage Report, or equal), attached hereto (Appendix D of the CDBG Procedures Manual), and a Quarterly Program Progress Report, attached hereto as EXHIBIT 7A, for expenditures which conform to the Budget Summary, attached hereto as EXHIBIT 2, amounts in excess of those specified in the Budget Summary will not be reimbursed. Expenditures shall be documented with supportive evidence of each expenditure and proof of payment. in accordance with HUD regulations. Payments may be contingent upon certification that the SUBRECIPIENT's financial management system is in accordance with the standards specified in OMB Circular A-11 0 and that all costs are allowable pursuant to OMB Circular A-122. After receipt by GRANTEE of each properly documented expenditure, GRANTEE will draw a warrant in favor of SUBRECIPIENT for the approved expenditure amount. All reimbursement requests must be submitted within 60 days following the contract end date. Reimbursement requests submitted after 60 days following the contract end date will not be reimbursed without written authorization to extend the contract. 4. BUDGET SECTION No more than the amounts specified in the Budget Summary, attached hereto as EXHIBIT 2, may be spent for the separate cost categories specified in the Budget Summary without prior written approval of GRANTEE. 5. USE OF FUNDS Funds allocated pursuant to this Contract shall be used exclusively for costs included in SUBRECIPIENT program 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 The GRANTEE, or their designee may grant budget modifications to this Contract when such modifications; A. Do not exceed $10,000 per budget cost category; B. Are specifically requested by SUBRECIPIENT; C. Do not alter the amount of compensation with this Contract; D. Will not change the eligibility of the project goals or scope of services E. Are in the best interests of GRANTEE and SUBRECIPIENT in performing the scope of services under this Contract; and F. When related to salaries, are in accordance with applicable salary ordinances or laws. Subrecipient Contract (CDBGI-Public Service/Other Page 2 of 17 City ofVictorville T Requests for modification, as described above, are subject to review for compliance with the Consolidated Plan, Public Hearing process, and Victorville City Council approval. 7. CHANGES IN GRANT ALLOCATION GRANTEE reserves the right to reduce the grant allocation when GRANTEE'S fiscal monitoring indicates that SUBRECIPIENT 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 SUBRECIPIENT. Such changes shall be incorporated into this Contract by written amendments. 8. REVENUE DISCLOSURE REQUIREMENT By its execution of this Contract, SUBRECIPIENT certifies that it has previously filed with GRANTEE, a written statement listing all revenue received, or expected to be received, by SUBRECIPIENT from Federal, State, City or County of San Bernardino sources, or other governmental or private agencies, and applied or expected to offset in whole or in part any of the costs incurred by SUBRECIPIENT 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 of each such agency. During the term of this Contract, SUBRECIPIENT 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 SUBRECIPIENT initial revenue disclosure statement hereunder. Such statement shall be filed with GRANTEE within fifteen (15) calendar days following receipt of such additional funding. SUBRECIPIENT shall make available for inspection and audit to GRANTEE representatives, upon request, at any time during the duration of this Contract and during a period of four (4) 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 GRANTEE. All such books and records shall be maintained by SUBRECIPIENT. Failure of SUBRECIPIENT to comply with the requirements of this section of the Contract shall constitute a material breach of contract upon which GRANTEE may cancel, terminate, or suspend this Contract. 9. JOINT FUNDING AND COST ALLOCATION PLAN For programs in which there are sources of funds in addition to CDBG funds, SUBRECIPIENT shall prOVide proof of such funding and a cost allocation plan showing the distribution of funds for all sources of funds. GRANTEE shall not pay for any services provided by SUBRECIPIENT 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, as defined in 24 CFR Part 570.500(a), represents net income directly generated from the use of CDBG funds by SUBRECIPIENT as a result of the activity funded under the terms 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. SUBRECIPIENT shall return program income to GRANTEE. Program income shall be returned to GRANTEE 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 ($1,000) dollars; or C. The end of each fiscal year. Subrecipient Contract (CDBG)-Public Service/Other Page 3 of 17 City ofVictorville SUB RECIPIENT shall include report program income on the Income Statement attached hereto (Appendix D of the CDBG Procedures Manual) with the reports required by Section 21, Proaram Reoortina, all sources and amounts of program income on a monthly and year-to-date basis. 11. FISCAL LIMITATIONS The United States Government through HUD may in the future place programmatic or fiscal Iimitation(s) on CDBG funds not presently anticipated. Accordingly, GRANTEE reserves the right to revise this Contract in order to take account of actions affecting HUD program funding. Where GRANTEE has reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this Contract of SUBRECIPIENT, GRANTEE may act to suspend the operation of this Contract for up to sixty (60) days upon three (3) days notice to SUBRECIPIENT of his intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revision made by GRANTEE affect expenditures and legally binding commitments made by SUBRECIPIENT 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 Nonexpendable personal property means tangible personal property having a useful life of more than one (1) year and an acquisition cost of five hundred ($500) dollars or more per unit. A record of inventory shall be maintained for each item of nonexpendable property acquired for this program with CDBG funds. This inventory record shall be provided to GRANTEE upon request. Nonexpendable property shall include tangible personal property, including but not limited to computer equipment, 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 GRANTEE and otherwise comply with all applicable laws and regulations. Upon termination of this Contract, GRANTEE 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 GRANTEE taking possession and title of said nonexpendable property. 13. SUPPLIES AND OTHER EXPENDABLE PERSONAL PROPERTY Supplies are items that are expendable and consumable including but not limited to stationary, forms, minor office equipment and small tools. Expendable personal property refers to all tangible personal property other than nonexpendable personal property. All expendable personal property with a unit value of five hundred ($500) dollars or more per unit must have the prior written approval of the GRANTEE. 14. PROCUREMENT SUBRECIPIENT shall procure all supplies and other expendable property, equipment, real property, or other services in accordance with the procurement standards of OMS Circular A-110 and the standards set forth at 24 CFR Part 85.35. 15. PURCHASE OR LEASE OF NONEXPENDABLE PROPERTY OR EQUIPMENT In addition to the procurement standards required in Section 14, Procurement, SUB RECIPIENT shall obtain three (3) competitive and comparable bids prior to purchasing or leasing any nonexpendable personal property or equipment over five hundred ($500) dollars in unit value and having a life Subrecipient Contract (CDBG)-Public Service/Other Page 4 of 17 CitY ofVictorville expectancy of more than one (1) year. Such property shall be properly tagged and inventoried. This inventory shall be provided to GRANTEE upon request. 16. PURCHASE Purchase of equipment or real property with an acquisition value of $500 or more must be completed before the last three months of the contract period and all equipment bills are to be paid prior to the end of the contract period. 17. TRAVEL AND CONFERENCE RESTRICTIONS SUBRECIPIENT certifies and agrees that travel and conference expenses for persons other than employees of SU!3RECIPIENT, 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, attached hereto as EXHIBIT 2. SUBRECIPIENT further agrees that any travel expense incurred by SUBRECIPIENT which is not listed in the Budget Summary shall not be paid by funds provided through this Contract. 18. USE OF FUNDS FOR ENTERTAINMENT. GIFTS. OR FUND RAISING ACTIVITIES SUB RECIPIENT certifies and agrees that it will not use funds provided through this Contract to pay for entertainment, gifts, or fund raising activities. 19. MONITORING GRANTEE 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 GRANTEE and HUD shall have the right of access to all activities and facilities operated by SUBRECIPIENT 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. SUBRECIPIENT will permit on-site inspection by GRANTEE and HUD representatives, and ensure that its employees and board members furnish such information, as in the judgment of GRANTEE and HUD representatives, may be relevant to the question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. Substandard performance as determined by the GRANTEE will constitute non-compliance with this Contract. If action to correct such substandard performance is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the GRANTEE, Contract suspension or termination procedures will be initiated. 20. BENEFICIARY QUALIFICATION 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 PM SA define the maximum annual household gross income for very low and low-income households. SUBRECIPIENT is responsible for obtaining from GRANTEE the current applicable HUD Section 8 Income Limits for each year of the Contract term identified in Section 2, Time of Performance. Under CDBG regulations, the following clientele categories 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. SUBRECIPIENT shall document the household Subrecipient Contract (CDBG)-Public Service/Other Page 5 of 17 City ofVictorville income of all BENEFICIARIES, by obtaining completed copies of the "Beneficiary Qualification Statement", attached hereto as EXHIBIT 9. 21. PROGRAM REPORTING SUBRECIPIENT agrees to prepare and submit Quarterly Program Progress Reports (EXHIBIT 7A), Quarterly Request for Reimbursement (EXHIBIT 6), and Performance Measurement Annual Report (EXHIBIT 10) and financial reports (including Program Income Statements), evaluations, and other reports as required by HUD or GRANTEE directives. SUBRECIPIENT shall maintain such property, personnel, financial and other records and accounts as are considered necessary by HUD or GRANTEE to assure proper accounting for all Contract funds. All SUBRECIPIENT records, with the exception of confidential client information, shall be made available to representatives of GRANTEE and the appropriate Federal agencies. SUBRECIPIENT is required to submit data necessary to complete the Consolidated Annual Performance and Evaluation Report (CAPER) in accordance with HUD regulations in the format and at the time designated by GRANTEE. 22. DOCUMENTATION AND RECORD KEEPING A. Records to be Maintained The SUBRECIPIENT shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506, that are pertinent to the activities to be funded under this Contract. Such records shall include but not be limited to: 1. Records providing a full description of each activity undertaken; 2. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; 3. Records required to determine the eligibility of activities; 4. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; 5. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; 6. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-110; and 7. Other records necessary to document compliance with Subpart K of 24 CFR Part 570. B. Retention The SUBRECIPIENT shall retain all records pertinent to expenditures incurred under this Contract for a period of four (4) years after the termination of all activities funded under this Contract. Records for non-expendable property acquired with funds under this Contract shall be retained for four (4) years after final disposition of such property. Records for any displaced person must be kept for four (4) years after hefshe has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later. C. Client Data The SUBRECIPIENT shall maintain client data demonstrating client eligibility for services provided by obtaining completed copies of the BenefiCiary Qualification Statement, attached hereto as EXHIBIT 9. Such data shall include, but not be limited to, client name, address, income level or Subrecipient Contract (CDBG)-Public Service/Other Page 6 of 17 City ofVictorville other basis for determining eligibility, and description of service provided. Such information shall be made available to GRANTEE monitors or their designees for review upon request. D. Disclosure The SUBRECIPIENT understands that client information collected under this Contract is private and the use or disclosure of such information, when not directly connected with the administration of the GRANTEE'S or SUBRECIPIENTS responsibilities with respect to services provided under this Contract, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. E. ProDertv Records The SUBRECIPIENT shall maintain real property inventory records which clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria and shall conform with the "changes in use" restrictions specified in 25 CFR Parts 570.503(b)(8), as applicable. F. Close-Outs The SUBRECIPIENTs obligation to the GRANTEE shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets including the return of all unused material, equipment, unspent cash advances, program income balances, and accounts receivable to the GRANTEE, and determining the custodianship of records. G. Audit and InsDections SUBRECIPIENT is required to arrange for an independent financial/compliance audit performed by a Certified Public Accountant within the direction of Generally Accepted Auditing Standards (GAAS) and Generally Accepted Government Auditing Standards (GAGAS). Said audit shall be conducted for the term of this Contract. When SUBRECIPIENT receives $500,000 or more in federal funds from all federal funding sources within a fiscal year, the required audit must be performed in compliance with OMB Circular A-133. SUBRECIPIENT shall submit a copy of the audit report to GRANTEE within thirty (30) days of completion. Within thirty (30) days of the submittal of said audit report, SUBRECIPIENT shall provide to GRANTEE a written response to any concerns or findings identified in said audit report. The response must examine each concern or finding 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. GRANTEE, or HUD, may make additional audits or reviews, as necessary, to carry out the responsibilities of SUBRECIPIENT under local, State or Federal laws and regulations. SUBRECIPIENT agrees to cooperate fully with all persons conducting said additional audits or reviews. GRANTEE 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 SUBRECIPIENT. If indications of misappropriation or misapplication of the funds of this Contract cause GRANTEE to require an additional audit, the cost of the audit will be encumbered and deducted from this Contract budget. Should GRANTEE subsequently determine that the additional audit was not warranted, the amount encumbered will be restored to the Contract budget. SUBRECIPIENT shall reimburse all misappropriation or misapplication of funds to GRANTEE. In the event GRANTEE uses the judicial system to recover misappropriated or misapplied funds, SUBRECIPIENT shall reimburse GRANTEE legal fees and court costs in addition to awards. Subrecipient Contract (CDBG)-Public Service/Other Page 7 of 17 City of V ictOlville 23. ASSIGNMENT This Contract is not assignable by SUBRECIPIENT without the express written consent of GRANTEE. Any attempt by SUBRECIPIENT to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract. 24. TERMINATION AND TERMINATION COSTS This Contract may be terminated in whole or in part at any time by either party upon giving their thirty (30) days notice in writing to the other party. Contract 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 85.44, Termination for Convenience. GRANTEE 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 SUBRECIPIENT materially fails to comply with any term of this Contract, GRANTEE may take one or more of the actions provided under federal regulation at 24 CFR Part 85.43, Enforcement, which include temporarily withholding cash, disallowing non-compliant costs, wholly or partly terminating the award, withholding future awards, and other remedies that are legally available. In such event, SUBRECIPIENT 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. 25. REVERSION OF ASSETS Upon Contract termination SUBRECIPIENT shall transfer to GRANTEE any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Also, any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either: A. Used to meet one of the National Objectives in 24 CFR Part 570.208 until five years after expiration of this Contract, or such longer period of time as determined by the GRANTEE, or B. Is disposed in a manner which results in the GRANTEE being reimbursed in an amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with paragraph a. above. 26. TIME OF PERFORMANCE MODIFICATIONS GRANTEE may grant time of performance modifications to this Contract when such modifications: A. In aggregate do not exceed twelve (12) calendar months; B. Are specifically requested by SUBRECIPIENT; C. Will not change the project goals or scope of services; D. Are in the best interests of GRANTEE and SUBRECIPIENT in performing the scope of services under this Contract; and E. Do not alter the amount of compensation under this Contract. Subrecipient Contract (CDBG)-Public Service/Other Page 8 of 17 City ofVictorville 27. INDEPENDENT CONTRACTOR All parties hereto in the performance 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. 28. EQUAL OPPORTUNITY AND NONDISCRIMINATION SUBRECIPIENT agrees to comply with all Federal Statutes relating to equal opportunity and non- discrimination including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) which prohibits discrimination on the basis of race, color or national origin; B. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1686), which prohibits discrimination on the basis of sex; C. Section 504 of the Rehabilitation Act of 1973, as mended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap; D. The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; E. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing; 29. COMPLIANCE WITH OTHER PROGRAM REQUIREMENTS SUBRECIPIENT shall comply with all applicable federal laws and regulations set forth under the Subpart K of 24 CFR Part 570: A. 24 CFR Part 570.601 Affirmativelv Furtherina Fair Housina Public Law 88-352, which is title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR Part 1; Public Law 90-284, which is the Fair Housing Act (42 U.S.C. 3601-3620). In accordance with the Fair Housing Act, the Secretary requires that grantees administer all programs and activities related to housing and community development in a manner to affirmatively further the policies of the Fair Housing Act; and Executive Order 11063, as amended by Executive Order 12259 (3 CFR Part, 1959-1963 Comp., p. 652; 3 CFR, 1980 Comp., p. 307)(Equal Opportunity in Housing), and implementing regulations in 24 CFR Part 107, also apply. B. 24 CFR Part 570.602 - Section 109 of the Housina and Community Develooment Act Section 109 of the Act requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs. The policies and procedures necessary to ensure enforcement of section 109 are codified in 24 CFR Part 6. Subrecipient Contract (CDBG)-Public Service/Other Page 9 of 17 City ofVictorville C. 24 CFR Part 570.603 - Labor Standards Section 11 O(a) of the Act contains labor standards that apply to non-volunteer labor financed in whole or in part with assistance received under the Act. In accordance with section 110(a) of the Act, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies. However, these requirements apply to the rehabilitation of residential property only if such property contains not less than 8 units. The regulations in 24 CFR Part 70 applies to the use of volunteers. D. 24 CFR Part 570.604 - Environmental Standards For purposes of section 104(g) of the Act, the regulations in 24 CFR Part 58 specify the other provisions of law which further the purposes of the National Environmental Policy Act of 1969, and the procedures by which grantees must fulfill their environmental responsibilities. GRANTEE shall assume the environmental review procedures under this Contract. E. 24 CFR Part 570.605 - National Flood Insurance Proaram Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) and the regulations in 44 CFR Parts 59 through 79 apply to funds provided under Part 570. F. 24 CFR Part 570.606 - Disolacement. Acauisition and Relocation Reauirements The general policy for minimizing displacement shall be implemented pursuant to this Part. G. 24 CFR Part 570.607 - Emolovment and Contractina Oooortunities Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (3 CFR. 1964-1965 Comp., p. 339; 3 CFR, 1966-1970 Comp., p. 684; 3 CFR, 1966-1970 Comp., p. 803; 3 CFR, 1978 Comp., p. 230; and 3 CFR, 1978 Comp., p. 264) (Equal Employment Opportunity), and Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), 67 FR 77141,3 CFR, 2002 Comp., p. 258; and the implementing regulations at 41 CFR chapter 60; and Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR Part 135. H. 24 CFR Part 570.608 - Lead Based Paint The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at Part 35, subparts A, B, J, K, and R of this part apply to activities under this program. I. 24 CFR Part 570.609 - Prohibition of Use of Debarred. Susoended or Ineliaible Contractors or Subrecioients The requirements set forth in 24 CFR Part 5 apply to this program. J. 24 CFR Part 570.610 - Uniform Administrative Reauirements and Cost Princioles The GRANTEE, its agencies or instrumentalities, and SUBRECIPIENT shall comply with the policies, guidelines, and requirements of 24 CFR Part 85 and OMB Circulars A-87, A-110 (implemented at 24 CFR Part 84), A-122, A-133 (implemented at 24 CFR Part 45), and A-128 (implemented at 24 CFR Part 44), as applicable, as they relate to the acceptance and use of Subrecipient Contract (CDBG)-Public Service/Other Page 10 of 17 City of Viet orville , Federal funds under this part. The applicable sections of 24 CFR Parts 84 and 85 are set forth at 24 CFR Part 570.502. K. 24 CFR Part 560.611 - Conflict of Interest. In the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest provisions in 24 CFR Part 85.36 and 84.42, respectively, shall apply. No person who is an employee, agent, consultant, officer, or elected official or appointed official of GRANTEE, or of SUBRECIPIENT who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this contract, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. L. 24 CFR Part 560.612 Executive Order 12372 The Executive Order applies to SUBRECIPIENT program only where the proposed use funds is for the planning or construction (reconstruction or installation) of water or sewer facilities. GRANTEE is responsible to initiate the Executive Order Process for activities subject to review. M. 24 CFR Part 560.613 - Eliaibilitv Restrictions for Certain Resident Aliens Certain newly legalized aliens, as described in 24 CFR Part 49, are restricted from applying for benefits under the GRANTEE's CDBG program. The restrictions under this section apply only to applicants for new benefits not being received by covered resident aliens as of the effective date of the regulation. Compliance can be accomplished by obtaining certification as provided in 24 CFR Part 49.20. However, pursuant to interim guidance on published in the Federal Register by the Department of Justice on November 17, 1997, nonprofit, charitable organizations are exempt from these provisions. N. 24 CFR Part 560.614 ComDliance with the Architectural Barriers Act and Americans with Disabilities Act The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain Federal and Federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that insure accessibility to, and use by, physically handicapped people. The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155,201,218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications. 30. AFFIRMATIVE ACTION AND CONTRACT COMPLIANCE SUB RECIPIENT 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 small businesses, minorities, and women. In addition, SUBRECIPIENT 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. Subrecipient Contract (CDBG)-Public Service/Other Page II of 17 City of Victorville " . SUBRECIPIENT shall comply with Executive Orders 11246 (Equal Employment Opportunity), 11375 (amending E.O. 11246), 11625 (Minority Business Enterprise), 12138 (National Women's Business Enterprise), 12432 (Minority Business Enterprise Development), 12250 (Leadership and Coordination of Nondiscrimination Laws), Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, applicable California Public Contracts Code, and other applicable federal, state, and GRANTEE laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. A. Affirmative Action 1. Approved Plan The SUBRECIPIENT agrees that it shall be committed to carry out an Affirmative Action Plan/Program in keeping with the principles as provided in President's Executive Order 11246 (Equal Employment Opportunity) as amended by Executive Orders 11375, 11478, 12086, 12107 and 13279. 2. Small, Minority and Women-owned Business Enterprise The SUBRECIPIENT will use its best efforts to afford small, minority, and women-owned business enterprises the maximum practicable opportunity to participate in the performance of this Contract. As used in this Contract, the term "minority group members" are those groups of United States citizens found to be disadvantaged by the Small Business Administration pursuant to Section 8(d) of the Small Business Act. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3. Access to Records The SUBRECIPIENT shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the GRANTEE, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. EEO/AA Statement The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 31. INHERENTLY RELIGIOUS OR POLITICAL ACTIVITIES Pursuant to 24 CFR Parts 570.200 OJ and 570.207(a)(3), SUBRECIPIENT agrees that it will not engage in inherently religious activities (such as worship, religious instruction, or proselytization) or political activities as part of the programs or services funded under 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 inherently religious or political activities. Subrecipient Contract (CDBG)-Public Service/Other Page 12 of 17 City ofVictorville 32. HOLD HARMLESS SUBRECIPIENT agrees to indemnify, defend and hold harmless GRANTEE and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising from SUBRECIPIENT acts, errors or omissions and for any costs or expenses incurred by GRANTEE on account of any claim therefore, except where such indemnification is prohibited by law. SUBRECIPIENT shall promptly notify GRANTEE in writing of the occurrence of any such claims, actions, losses, damages, and/or liability. 33. INDEMNIFICATION SUBRECIPIENT shall indemnify and hold harmless GRANTEE against any liability, claims, losses, demands, and actions incurred by GRANTEE as a result of the determination by HUD or its successor that activities undertaken by SUBRECIPIENT under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to SUB RECIPIENT under this Contract were improperly expended. 34. INSURANCE REQUIREMENTS Without in any way affecting the indemnity herein provided and in addition thereto, SUBRECIPIENT shall secure and maintain throughout the Contract the following types of insurance with limits as shown: A. Worker's Comoensation A program of Worker's Compensation insurance or a State-approved Self Insurance Program in an amount and form to meet all 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 SUBRECIPIENT and all risks to such persons under this Contract. B. Comorehensive 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 ($1,000,000) dollars. C. Additional Named Insurance All Comprehensive General and Automobile Liability policies, shall contain additional endorsements naming GRANTEE and its officers, employees, agents, and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. D. 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 GRANTEE. E. Proof of Coveraoe SUBRECIPIENT shall immediately furnish certificates of insurance to GRANTEE 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 GRANTEE and SUBRECIPIENT shall Subrecipient Contract (CDBG)-Public Service/Other Page 13 of 17 City of V ictorville f ".. maintain such insurance from the time SUBRECIPIENT commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Contract, SUBRECIPIENT shall fumish certified copies of the policies and all endorsements. SUBRECIPIENT shall complete and submit Insurance Inventory. attached hereto as EXHIBIT 5. along with the above required insurance documents. F. Insurance Review The above insurance requirements are subject to periodic review by GRANTEE. The GRANTEE'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 GRANTEE. 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 GRANTEE, inflation or any other item reasonably related to the GRANTEE'S risk. Any such reduction or waiver for the entire term of the Contract and any change requmng additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. SUBRECIPIENT agrees to execute any such amendment within thirty (30) days of receipt. 35. ENVIRONMENTAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of 24 CFR Part 570.604 and the following requirements insofar as they apply to the performance of this Contract: A. Clean Air and Water In accordance with the requirements of 24 CFR Part 85.36(i)(12) and federal law. SUBRECIPIENT shall comply with all applicable standards. orders. or requirements under Section 306 of the Clean Air Act (42 U.S.C. 1857h-4 transferred to 42 U.S.C. 7607. Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 (Clean Air Act and the Federal Water Pollution Control Act). and Environmental Protection Agency Regulations (40 CFR Part 15). on all contracts. subcontracts. and subgrants in excess of $100.000. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001) and 24 CFR Part 570.605. the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards. flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Contract shall be subject to HUD Lead-Based Paint Regulations in 24 CFR Part 570.608 and 24 CFR Part 35. Such regulations pertain to all HUD-assisted housing and require that all owners. prospective owners. and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms. treatment and Subrecipient Contract (CDBGl-Public Service/Other Page 14 of 17 City ofVictorville T precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children age six and under. The notice should also point out that if lead-based paint is found on the property, interim controls or paint stabilization may be undertaken. D. Historic Preservation The SUBRECIPIENT agrees to comply with the Historic Preservation requirement set forth in the national Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Contract. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or local historic property list. 36. COMPLIANCE WITH 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 85; and U.S. Office of Management and Budget Circulars A-87, A-110, A-122, A-128 and A-133. 37. LOBBYING The SUBRECIPIENT agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code. The SUBRECIPIENT certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions; c. It will require that the language of this certification be included in any award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 38. AMENDMENTS: VARIATIONS This writing with exhibits, 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 Subrecipient Contract (CDBG)-Public Service/Other Page 15 of 17 City of Viet orville ~ ..... Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by both parties. 39. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: CITY OF VICTORVILLE SUBRECIPIENT 14343 Civic Drive P.O. Box 5001 Victorville, CA 92393-5001 Senior Companion Program 600 West 5th Street San Bernardino, CA 92410 40. 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. l Subrecipient Contract (CDBG)-Public Service/Other Page 16 of 17 City ofVictorville I ~ IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the day and year written above. CITY OF VICTORVILLE By: ~ tB;d.u~ Mayor Dated: 1r?--7-os SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CITY COUNCIL By: By: Dated: Victorville City Clerk BY:3Y\.CU~ U)~)/l.;/~ 1- '2'l-o~ Dated: APPROVED AS TO LEGAL FORM /lv iCity Attorne.~. .7 /; I S-; L-/ By: ''---~ Dated: Subrecipient Contract (CDBG)-Public Scrvice,Other Page 17 of 17 Services Department City of Viet orville . . CITY OF VICTORVILLE CDBGPROGRAM tEl -- O'.O"'UII111 EXHIBIT 1 Scope of Services/Performance Measurement Proiect/Activity Title: Proiect Number: Senior Companion Program Name/Address of Al!encv: Senior Companion Program 600 West 5th Street San Bernardino, CA 92410 PROJECT/ACTIVITY DESCRIPTION Two Senior Companions will each volunteer 20 hours per week (5 hours, 4 days). Each will serve four clients per week. Activities may include companionship, friendly visiting, grocery shopping, meal preparation, transportation to medical appointments, shopping and errands, assistance with household management, reading,writing,information and referral to other social services and keeping clients oriented to the present reality, encouraging clients to perform at their highest level of independence. STRATEGIC PLAN GOAL There are two main goals for this program: 1. 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CITY OF VICTORVILLE CDBG PROGRAM @ -- ."011"""" EXHIBIT 2 Budget Summary Proiect/ Activity Title: Proiect Number: Senior Companion Program Name/Address of Contractor Agencv: Senior Companion Program 600 West 5th Street San Bernardino, CA 92410 BUDGET SUMMARY COST CATEGORY CDBG SHARE OTHER TOTAL COST SOURCES I Personnel $ 5,000.00 $6,773.00 $11,773.00 2 Consultant/Contract Services -0- -0- -0- 3 Travel -0- 4,141.00 4,141.00 4 Space Rental -0- -0- -o- S Consumable Supplies -0- 120.00 120.00 G Rental, Lease, or Purchase of -0- -0- -0- Equipment 7 Insurance -0- 12.00 12.00 8 Other -0- -0- -0- TOTALS $ 5,000.00 $11,046.00 $16,046.00 "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 information, If necessary, attach additional sheets, .1. Personnel, Coordinator of Volunteers - Corporation for National & Community Service .2. Travel - Title Ill, San Bernardino County .5. Consumable Supplies - City of San Bernardino 7. Insurance - Senior Companion Program Trust Fund . Rt:viscd 5/1/05 , ~ul 20 05 10:15a Senior Center (SOS) 88S-S801 p.3 Senior Companion Program EXHIBIT 2-a Costs Shared by Other Sources Source Amount Cost Category Corporation for National and Community Services $6,773.00 Personnel County of San Betnardino Title III $4,141.00 Companion Transportation City of San Bernardino $120.00 Consumable Supp11QS Senior Companion Program Trust Fund Total $12.00 $11,046.00 Companion Insurance Total Adopted Budget: $16,046.00 . ,- . ..~.. . CITY OF VICTORVILLE CnBG PROGRAM t:E:r -- .."OJltU"'" EXHIBIT 3 Budget Justification - Part I Proiect/ Activity Title: Proiect Number: Senior Companion Program Name/Address of Contractor Al!encv: Senior Companion Program 600 West 5th Street San Bernardino, CA 92410 BUDGET JUSTIFICATION - PART I (SUPPLIES/SERVICES) DESCRIPTION OF BASIS FOR VALUATION COBG COST TOTAL COST ITEMS 2 Consultant/Contract $ $ Services -0- -0- A. 8omPtnion 480 mi x F mo. ~ 2 @. 4.405 :H::- 3,m:88 3 TravelB. . 0 Vol .9 mi x 2 mo.x 1 mo. - - 4 Space Rental -0- -o- S Consumable Supplies $10 per mo. x 12 mo. -0- 120.00 6 Rental, lease, or -0- -0- Purchase of Equipment 7 Insurance $6 per year x 2 compan ons -0- 12.00 8 Other -0- -0- TOTALS $ -0- $ 4,373.00 NOTE: Any budget line item(s) other than salaries and fringe benefits should be detailed above. Revised 5/1/05 ...... . CITY OF VICTORVILLE CDBG PROGRAM (Sl -- O....OlllU..'" EXHIBIT 4 Budget Justification - Part II (Public Services Only) Project/Activity Title: Proiect Number: Senior Companion Program Name/Address of Contractor Agency: Senior Companion Program 600 West 5th Street San Bernardino, CA 92410 BUDGET JUSTIFICATION - PART II (pERSONNEL) A) WAGES: POSITIONrrITLE AcruAL HOURLY # HOURS MONTHS TO BE TOTAL COBG RATE (SALARY) PER WEEK EMPLOYED COST COST Coordinator of 12.00 10 12 $ 6,240.00 $ -0- Un' -- Senior Companions (2) 2.65 20 12 5,533.00 5,000.00 SUBTOTAL $U,773.00 $ 5,000.00 B) FRINGE BENEFITS TYPE OF COSTS PERCENT OF SALAR Y/CALCULA TIONS TOTAL COBG COST COST $ $ SUBTOTAL TOTAL COST OF PARTS A & B (Must be the same as Budget Line Item # 1 in $ 5 ,000 .00 Budget Summary) $11,773.00 Revised 5/1105 T ", . CITY OF VICTORVILLE CDBGPROGRAM (S) .-- O."OA'U,,'" EXHIBIT 5 Insurance Inventory Proiect! Activity Title: Proiect Number: Senior Companion Program 600 West 5th Street San Bernardino, CA 92410 Name/Address of Contractor Al!encv: City of san Bernardino Parks, Recreation and Community Services Department 547 N. Sierra Way San Bernardino, CA 92410 INSURANCE INVENTORY PRIMARY INSURANCE POLICY Name of Contractor's Insurance Company Effective Dates of Policy Self-insured Claims Made Policy Limits of Liability Deductibles: / / Per Occurrence Policv / / Per Occurrence Annual Aggregate Additional Insured Endorsement Attached Certified Copy of Policy Attached Certificate of Insurance Attached DYes DNo DYes DNo rnYes DNo WORKERS COMPENSATION POLICY Name of Contractor's Insurance Company Effective Dates Limits of Liability Underlying Coverage Limits Self-insured Certified Copy of Policy Attached Certificate of Insurance Attached DYes D No lXIYes DNo Revised 5/1/05 City of San Bernardino Human ResourcesIRisk Management Division 300 N. "0" Street San Bernardino, CA 92418 .~ I Linn Uvingston Human Resourceo Director Fred Wilson City Admin_or CERTIFICATE OF INSURANCE OR SELF-INSURANCE In the event of canceHetlon of the 88lf-ineuranoe programs or policies designated below, ft Ia the Intent of the City of San Bomerdlno to IIllIln 30 days' prior nollce the""" to: City of Vidorville 14200 Amargosa Road Vidorville, CA 92392 Attn: Francene Millender The City of San Bernardino certifies that tha following self-insurance programs or lnauranoe policies ara in fon:e: The Senior Companion Program (Grantee), under the City of San Bemardino Parks, Recraation and Community Services Department, will provide personal in-home services to elderly and/or disabled residents for the City of VidorviUe, under the CDBG program. Grantee and its officers, employees, agents, and volunteers are to be named as additional insured with respect to Dabilities arising out of the perfonnance of services hereunder. LIMITS OF LIABILITY COMPANY AND POLICY TYPE OF COVERAGE POLICY NO. PERIOD Bodilv InluN ProDel'tv Dam_ Comprehenaive General Liability Self-insured Indefinite $1,000,000 Combined Single Umlts Incl. Auto Ueblllty Excess Comprehensive General Liability Incl. Auto Liability woncers' Compensation Se/Mnsured Indefinite statutory No coverage 0 T H E R This certificato is nol valid unlese counlerllgned by an out_ed repreeentative of the City of Son Bernerdlno, Riek Monegement OMolon. ce: Betty 0881 Julv 7 2005 Date Unn Uvingslon Director of Human Resources City of San Bernardino Authorized Representative ~~ ~ . ~ Signatura For infonnation regarding the above self-Insurance policies, please contact Risk Management Division at (909) 384-5308.