HomeMy WebLinkAbout1986-271
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RESOLUTION NO.
86-''11
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE
FAMILY SERVICES AGENCY OF SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute for and on behalf of
said City a Community Development Block Grant funding agreement
with the Family Services Agency of San Bernardino.
A copy of
said agreement is attached hereto as Exhibit "1" and incorporated
herein by reference as though fully set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
reaular
meeting thereof, held on the
, 1986, by the following vote, to
day of
Julv
7th
wit:
AYES:
Council Members
Reilly, Hernandez, Frazier,
Strickler
None
NAYS:
Council Members Estrada, Marks, Quiel
ABSENT:
~4//4J:?<~/J?AI/
/' City Clerk
approved this /tJ~ day
The foregoing resolution is hereby
OUly · 1986. i~,
Mayor of he City of
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27 Approved as to form:
28 ~;!J/J~
City Attorney
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!Q!!!!L!!!
'l'HIS AGlEEKENT ia entered into effective aa of
JULY 1
1986, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a
~icipal corporation, referred to as MCityM, and FAMILY SERVICES AGENCY
a nonprofit community
organization,
aervice
,
referred to as MSubrecipientM.
City and Subrecipient agree as follows:
1. ltec1tala.
(a) Subrecipient has requested financial assistance from City for
fiscal year 1986/1987 from funds available through a community development
block grant from the United States of America to City.
(b) Subrecipient represents that the expenditures authorized by
this Agreement are for valid community development purposes, in accordance
with federal law and regulations, and that all funds granted under this
16 Agreement will be used for no purpose other than those purposes specifically
1 i authorized. 1'he specific purposes and scope of services of this particular
18 grant are set forth in Exhibit MAM, attached hereto and incorporated into this
19 Agreement as though fully set forth herein.
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2. PaJIIeDU. City shall reimburse Subrec1pient for allowable costs
21 incurred under the scope of this Agreement and applicable Federal regulations,
22 which have not been paid for or reimbursed in any other manner or by any other
23 Agency. Reimbursement will be made at least on a monthly basis, with the
24 total of all such reimbursements not to exceed $68.000.00
.
3. Tera.
1'his Agreement ahall commence July 1, 1986, and terminste
June 30, 1987.
4. Vae of Funds; Budget; Travel L1a1tation.
1'he funds paid to
28 Subrecipient shall be used by it solely for the purposes set forth in
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I Paragraph l(b) of this Agreement. and in accordance with the program budget
2 submitted by Subrecipient to the Redevelopment Agency of the City of San
3 Bernardino. a copy of which is attached to this Agreement as Exhibit "B".
4 This budget shall list all sources of funding for the program covered by this
5 Agreement. whether from State. Federal. local or private sources, and shall
6 identify which sources are paying for which specific portions of the program.
7 by line-item. to the extent practicable. No travel expenses for out-of-state
travel shall be included in this program unless speCifically listed in the
budget as submi~ted and approved, and all travel expenses to be funded from
funds provided hereunder shall be specifically identified as travel expense,
which shall be negotiated between Agency and Subrecipient in the budget. Any
travel expenses incurred by Subrecipient above the budgeted amount or for
out-of-tOYll travel shall not be eligible for reimbursement unless the prior
written approval of the Executive Director of the Redevelopment Agency of the
City of San Bernardino. or his or her designee. has been obtained. Funds
shall be used for purposes authorized by the Community Development Block Grant
program only. and DO portion of the funds granted hereby shall be used for any
purpose not speCifically authorized by this agreement. Only net payroll shall
be periodically reimbursed by City as an allowable cost. Any amounts withheld
by Subrecipient from an employee's pay for taxes. social security. or other
withholding and not immediately paid over to another entity. shall not be
included as wages or expenses eligible for reimbursement as an allowable cost
until such time as the withheld taxes. social security, or other withholdings
are actually paid over to the entity entitled to such payment. Upon suc
payment and the submission of evidence of such payment to the Redevelopment
Agency, such expenses shall be regarded as allowable cost. and City shal
reimburse Subrecipient for such obligation. A variation in the itemization 0
28, costs, as set forth in the proposed budget submitted to City. not to excee
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] 10% as to any particular line item, 8hall be allowed, provided the prior
2 written approval of the Ezecutive Director of the Redevelopment Agency of the
3 City of San Beruardino is obtained, it being understood that the total amount
4 of the grant 8hall not be varied thereby. At the end of the term, all
5 unezpended funds shall be returned to the City by Subrecipient. The parties
6 intend that grmt funds be utilized within the time period covered by this
7 Agreement, and any funds not used shall revert to the City. No reserve for
8 the future shall be established with the funds except as may be authorized to
9 ..eet commitments _de for services provided during the period _ of this
10 Agreement, but not yet paid for at the cOllclus101l of this Agreement.
I] s. Accounting. Prior to the final payment under this Agreement, and
12 at 8uch other times as _y be requested by the Ezecutive Director of the
13 Redevelopment Agency of the City of San Beruardino, Subreeipient shall submit
14 to the Ezecutive Director an accounting of the proposed and actual
15 expenditures of all revenues accruing to the organization for the fiscal year
1 Ii ending Juue 30, 1987. Financial records shall be _intained by Subrecipient
17 in accordance with generally accepted accounting principles, in a mauner whie
18 permits City to trace the expenditures of fwds to source documentation. All
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books and records of Subrecipient are to be kept open for inspection at any
time during the business day by the City, its officers or agents, and by any
representative of the United States of America authorized to audit Community
Development Block Grant programs. Standards for financial management systems
and financial reporting requirements established by Attachment "F" and
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Attachment "G" of Office of Management and Budget Circular No. A-110 shall be
fully complied with by Subrecipient. Subrec1pient acknowledges that the funds
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provided are federal funds. Subrecipient's financial aauagement system shall
provide for accurate, current and complete disclosure of the financial results
28 of each program sponsored by this Agreement. It is the responsibility of
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) Subrecipient to adequately safeguard all assets of the program, and
2 Subrecipient shall assure that they are used solely for authorized purposes.
3 6. Services Ava1l.able to llesidents; Mou1toriJl& and lleporting Program
4 Perforunce. The services of Subrecipient shall be ..de available to
5 residents and inhabitants of the City of San Bernardino unless otherwise noted
6 in Exhibit -A-. No person shall be deuied service because of race, color,
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natiousl origin, creed, sex, marital status, or physical handicapp.
Subrecipient shall comply with Affirmstive Action guidelines in its employment
practices. Subrecipient shall also Ilonitor the program's activities and
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submit written reports quarterly, or more often if requested, to the Executive
Director of the Redevelopment Agency of the City of San Bernardino, in
accordance with Attachment -H-, Office of Management and Budget Circular No.
A-llO. FaUure to provide such quarterly performance reports may prevent the
processing by City of Subrecipient's requests for reimbursement, and may
justify temporary withholding as provided for in Paragraph II hereof.
Subrecipient
7. Procurement
Practices.
shall
comply
with
17 procurement procedures and guidelines established by Attachment -0- to Office
18 of Management and Budget Circular No. A-l02, -Procurement Standards". In
19 addition to the apecific requirements of Attachment -0- to Circular No. A-l02,
20 Subrecipient shall maintain a code or standards of conduct which shall govern
2] the performance of its officers, employees or agents in contrscting with and
22 expending the Federal grant funds made available to Subrecipient under this
23 Agreement. Subrecipient's officers, employees or agents shall neither solicit
24 nor accept gratuities, favors, or anythiJl& of monetary value from contractors
25 or potential contractors. To the extent permissible by State law, rules, and
26 regulations, the standards adopted by Subrecipient shall provide for
27 penalties, sanctions or other disciplinary actions to be applied for
28 violatioDS of such standards by either the Subrecipient's officers, employees
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or agents, or by contractors or their agents.
Subrec1pient shall provide a
2' copy of the c.ode or standards adopted to City forthwith. All procurement
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311 transactions without regard to dollar value shall be conducted in a maDDer so
4! I as to provide maximum open and free competition. The Subrecipient shall be
, II alert to organizational conflicts of interest or DOn-competitive practices
;)!
61 among contractors which may restrict or eliminate competition or otherwise
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restrain trade.
Subrecipient agrees to adhere to the procurement rules
apecified in Office of Management and Budget Circular No. A-l02 Attachment .0.
in its expenditure of all funds received under this Agreement.
8. Anti-nck Back Provisions; Equal Eaployaent Opportunity.
All
contract for construction or repair using funds provided under this Agreement
ahall 1.nclude a provision for compliance with the Copeland .Anti-Kick Back.
Act (18.U.S.C. 874) as supplemented in Department of Labor Regulations (29
CFR, Part 3). This act provides that each contractor or subgrantee shall be
prohibited from inducing, by any means, any person employed in the
construction, completion or repair of public work, to give up any part of the
compensation to which he is otherwise entitled.. Subrecipient shall report all
suspected or reported violations to City. All contracts in excess of
$10,000.00 entered into by Subrec1pient using funds provided under this
Agreement shall contain a provision requiring compliance with Equal Employment
Opportunity provisions established by Executive Order 111246 as amended.
9. Preyail1Dg Wage Jlequlreaent. Any construction contracts awarded
by Subrecipient using funds provided under this Agreement in excess of
$2,000.00 shall include a provision for compliance with the Davis-Bacon Act
(40.U.S.C. 276a to 276a-7) and as supplemented by Department of Labor
Regulations (29CFR). Under this act, contractors shall be required to pay
wages to laborers and mechanics at a rate not less than the minimum wages
specified in a wage determination made by the Secretary of Labor. In
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addition, contractors shall be required to pay wages not less often than once I
a week. Subrecipient shall place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation and the
award of a contract shall be conditioned upon the acceptance of the wage
determination. Subrecipient shall report all suspected or reported violations
to City.
10. Approval of City of any Charges; Use of Program InCOIle. City
reserves the right to require Subrecipient to obtain the prior written
approval of City of any charges or fees to be charged by Subrecipient for
services provided IDlder this Agreement, and of any rules and regulations
loverning the provision of services hereunder. Program income represents
gross income earned by the Subrecipient from the Federally supported
activities.
Such earDiDgs exclude interest earned on advances and may
include, but will not be limited to, income from service fees, sale of
commodities, usage and rental fees. Theae funda shall be used first for
eligible program activities, before requests for reimbursement, or shall be
remitted to the City. Subrecipient shall remit all unspent program income to
the City within thirty (30) days subsequent to the end of the program year
(June 30, 1987). Interest earned on funda advanced under the Agreement shall
be paid to the City.
11. Temporary
Withholding.
The
of
the
Executive
Director
Redevelopment Agency of the City of San Bernardino is authorized to
temporarily withhold the payment of funds to Subrecipient when the Executive
Director determines that any violation of this Agreement has occurred. Fundsl
shall be withheld until the violation is corrected to the satisfaction of the
Executive Director or of the Mayor and Common Council. Subrecipient shall
have the right to be heard by the Mayor and Common Council if Subrec1pient
maintains no violation of the Agreement has occurred, which hearing shall be
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held within 45 days after the funds have first been withheld, provided
Subrecipient requests such hearing within 15 days after such first withholding.
12. Records Retention.
Financial records, supporting documents.
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statistical records, and all other records pertaining to the use of the funds
provided under this Agreement shall be retained by Subrecipient for a period
of three (3) years, at a llinimum, and in the event of litigation, claim or
audit, the records shall be retained until all litigation, claims, and audit
8 findings involving the records, have been fully resolved. Records for
9 non-expendable property acquired with federal funds provided under this
10 Agreement shall be retained for three (3) years after the final disposition of
11 such property.
12 13. Property Management Standards. Non-ezpendable personal property.
13 for the purposes of this Agreement, is defined as tangible personal property,
14 purchased in whole or in part with Federal funds, which has useful life of
15 lIore than one (1) year and an acquisition cost of three hundred dollars
16 ($300.00) or more per unit. Real property Ileans land, including land
1 i improvements, structures and appurtenances thereto, excluding movable
18 machinery and equiJlllent. Non-ezpendable personal property and real property
19 purchased with or improved by funds provided under this Agreement shall be
20 subject to the property management standards specified in Attachment "N" of
21 Office of Management and Budget Circular No. A-102, "Property Management
22 Standards".
23 14. 'feralnation for Cause. City reserves the right to terminate this
24 Agreement and any and all grants and future payments under this Agreement ini
25 whole or in part at any time before the date of completion of this Agreement
26 whenever City determines that the Subrecipient haa failed to comply with the
27 conditions of this Agreement. In the event City aeeks to terminate this
28 Agreement for cause, City shall promptly notify the Subrecipient in writing of
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] the proposed termination and the reasons therefore, together with the proposed
2 effective date. Subrecipient shall be given an opportunity to appear before
3 the Mayor and COlIIIIlon Council at the t1me at which the Mayor and CCIIDDlon Council
4 are to consider such recommended termination, and shall be given a reasonable
5 opportunity to show cause why, if any exists, the Agreement should not be
6 terminated for cause. Upon determination by this Mayor and Common Council
7 that the contract should be terminated for cause, notice thereof, including
8 reasons for the determination, ahall promptly be given to Subrec:1pient,
9 together with information as to the effective date of the termination. The
10 determinstion of the Mayor and Common Council as to cause shall be final.
11 15. Termination for Convenience. City or Subrecipient may terminate
12 th1s AgreelDent in whole or in part prOVided both parties agree that the
13 continuation of the project would not produce beneficial results commensurate
14 with further expenditure of funds. In such event, the parties shall agree
15 upon the terminstion conditions, including the effective date and, in the case
]6 of partial terminations, the portion to be terminated. The Subrecipient shall
]7 not incur new obligations for the terminated portion after the effective date
18 and shall cancel as many outstanding obligations as posBible. City shall
]9 sllow Subrecipient full credit for the City's share of the non-c:ancellsble
20 obligations properly incurred by the Subrecipient prior to termination.
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16. Bold JiarII1ess.
Subrecipient agrees to indemnify and save
22 harmless the City and its employees and agents frolD all liabilities and
23 charges, expenses (including counsel fees), suits or losses, however
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occurring, or damages, ariSing or growing out of the use of or receipt of
funds paid under this Agreement and all operations under this Agreement.
Payments under this Agreement are made with the understanding that the City is
27 I not involved in the performance of services or other activities of
28 Subrecipient. Subrecipient and its employees and agents are independent
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contractors and not employees or agents of City.
17. __"--t. This "areement I18Y be amended or aodified only by,
written agreement signed by both parties, and failure on the part of eithe)
party to enforce any provi8ion of this "areement shall not be construed as a
waiver of the righ~ to compel enforcement of any provision or provisions.
6 18. Assi.,...eat. This Agreement shall not be a&Biped by Subrecipient
7 without the prior written consent of City.
8 19. JIotices. All notices herein required shall be in writing and
9 delivered in person or sent by certified ..il, postage prepaid, addressed as
10 follows:
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As to City:
As to Subrecipient:
~cutive Director,
Jledeveloplllent "aency of the
City of San Bernardino
City Hall, Third Floor RIll. 320
300 North -D- Street
San Bernardino, Calif. 92418
Family Services Agency
1669 North "E" Street
San Bernardino, Ca. 92405
20. BYidence of Authority.
Subrecipient shall provide to City
evidence in the form of a certified copy of minutes of the governing body of
Subrecipient. or other adequate proof. that this "areement has been approved
in all its detail by the governing body of Subrecipient. that the person(s)
executing it are authorized to act on behalf of Subrec1pient, and that this
Agreement ia a binding obligation on Subrecipient.
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Df WIrNESS WIIEREOF. the parties hereto have executed this Agreement
OIl the day and year first hereinabove written.
ArrEST:
~//41~A.I/
/' City Clerk
Approved as to legal form:
.f!~tyft6/
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June/1985
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BY ~rJ-f,,~
Mayor
SUBUCIPIENT:
BY:~~~
President .
;;.
EXHIBIT "A"
SCOPE OF SERVICES STATEMENT
Funding Year 1986-87
VICTIM SUPPORT SERVICES
F~MILY SERYICEAGENCY OF_SAN BERNARDINO
The Victim Support Services Proaram meets victim needs bv
providina a team of crisis intervention workers (3 employees)
who are on 24-hour call to the Police Department and its
officers. The team members respond immediately to requests
from the field by a paging service activated by the police
dispatcher, by card referral from officers in the field, and
through phone calls from victims. The team provides crisis
counseling services, referral for a variety of other commun-
ity provided programs, supportive assistance through the wit-
,~ess phase of court involvement and follow-up contacts during
the initial period of emotional trauma upon victimization.
The team coordinates its activity and effort with many exist-
ing social service groups, thereby providing police officers
a "one call service", i.e. the officer need only contact the
team for L full array of service and referral information.
Upon becoming involved, the team can then provide all neces-
sary direct and referral service. freeina the officer for
other duties.
The proaram shall: Provide direct and r~ferral service to
350 persons (average of 3 contacts per person), provide a
minimum of 36 informational presentations to police officers
at watch change briefings, make a minimum of 150 contacts
at the police operated Community Oriented Policing (C.O.P)
offices, participate with the liaison officer assigned to
the program by the Police Department, develop and implement
a program of volunteers who will assist in follow-up with
program participants under the direction of paid staff (fund-
ing has been provided in the amount of $1,014 by the Arrowhead
United Way).
The Victim Support Services program shall be under the super-
vision and control of the Family Service Agency of San Bernar-
dino, a community based non-profit corporation with 39 years
of experience and history in the local community. In ad-
dition to monitoring and auditing functions required by the
contract, the agency Board reviews information on a monthly
basis through its regular meetings and by report from the
program manager and the agency accounting system.
EXHIBIT "B"
VIeT!:.: ~L.~?~~~T SE~~lC~S r'::~
Budget Proposal - 12 ~onths
Starting Date - Oct. 1, 1986
PERSO~;~EL
Outreach Counselor
Outreach Counselor
Outreach Counselor
Clerical Support
Fringe Benefits and
:.landa ted Taxes
(l.0 FTE)
( 1. 0 FTE)
(0.5 FTE)
(0.1 FTE)
16,116
15,348
6,012
1,638
8,605
AmlINISTRATIVE EXPENSE
Clinician IV, Program Supvr.
General Admin. Expenses
(.15)
(.08)
6,124
4,277
TOTAL STAFF EXPENSE
58,452
58,452
OPERATING EXPENSES
Facility Charges (rent, renovations, utilities,
- equip. usage, etc.)
-Volunteer Program Development
Accounting Services
Audit Expense
Telephone and Pager Service
Off ice Supplies
postage
Printing, publications, Reproduction
National Family Service Program
Dues
.Insurance (~al-Practice)
Travel, Training, Conferences
2,400
1,014
1,800
700
1,000
300
80
382
-~\~iscel.
1,000
250
1,450
186
TOTAL OPERATING EXPENSE
10,562
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GRAND TOTAL:
69,014
Less United ~ay Revenue
Funding Request:
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G' ,--
~;::, , 1-, _,
Prepared by Familr Service Agency - 5/19/86
V ieT'I ~,I sur ~)0~T :::L~\.\i ll:!-,S l)~~~uG:,:_Ti:.l
Budget Proposal - 12 Months
Starting Date - Oct. 1, 1986
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PERSONNEL
Outreach Counselor
Outreach Counselor
Outreach Counselor
Clerical Support
(1. 0 FTE)
( .5 FTE)
(1.0 FTE)
(0.1 FTE)
Fringe Benefits and Man-
dated Taxes
ADMINISTRATIVE EXPENSE
Clinician IV, Program Supvr. (.15 FTE)
General Admin. Expenses (.08 FTE)
TOTAL STAFF EXPENSE
OPERATING EXPENSE
Facility Charges (Rent, Renovations, Utilities,
Equipment,Usage, Etc.)
Volunteer Program Development
Accounting Services
Audit Expense
Telephone and Pager Service
Office Supplies
Postage
Printing, Publications, Reproduction
National Famil~ Service Program Dues
Insurance (Mal-practicel-
Travel, Training, Conferences
Miscellaneous
TOTAL OPERATING EXPENSE
GRAND TOTAL:
Less United Way Revenue
FU,NDING REQUEST:
Revised by Family Service Agency - 7/22/86 ~
$16,116
7,674
12,024
1,638
8,605
6,124
4,277
56,458
2,400
1,014
1,800
700
1,200
500
80
482
1,000
1,300
1,750
330
12,556
56,458
12,556
69,014
- 1,014
68,000