HomeMy WebLinkAbout1986-274
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RESOLUTION NO. 86-"'7<1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
2 DIRECTING THE EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT
3 FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND ROLLING
START, INC., FOR DEAF SERVICES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute for and on behalf of
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8 said City a Community Development Block Grant funding agreement
9 with Rolling Start, Inc., for deaf services. A copy of said
agreement is attached hereto as Exhibit "1" and incorporated
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herein by reference as though fully set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a
reaular
meeting thereof, held on the
, 1986, by the following vote, to
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16 wit:
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25 of
7th
day of
Julv
AYES:
Council Members
Reillv. Hernandez. Frazier
Strickler
NAYS:
None
ABSENT:
Council Members Estrada. Marks. Ouiel
The foregoing
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/ City Clerk
approved this /i!cL day
July
, 1986.
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Approved as to form:
28 tf2~~~
City Attorney
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DIS AGIlEl!MENT is entered into effective as of
JULY 1
,
1986, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a
municipal corporation, referred to as "City". and ROLLING START (DEAF SVC.)
, a nonprofit community service organization,
referred to as "Subrecipient".
City and Subrecipient agree as follows:
1. Bedtala.
(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 funda granted under this
16 Agreement will be used for no purpose other than those purposes specifically
17 authorized. The specific purposes and scope of services of this particular
18 grant are set forth in Exhibit "A". attached hereto and incorporated into this
19 Agreement as though fully set forth herein.
20 2. Payments. City shall reimburse Subrecipient 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 $ 5.590.00 .
25 3. Tera. This Agreement shall commence July 1. 1986. and terminate
26 June 30. 1987.
27 4. Use of Funds; Budget; Travel L1a1tation. The funds paid to
28 Subrec1pient 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-town 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 no 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 aa 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
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, shall be allowed, provided the prior
written approval of the Executive Director of the Redevelopment Agency of the
City of San Bernardino is obtained, it being understood that the total amount
of the grant shall not be varied thereby. At the end of the term, all
unexpended funds shall be returned to the City by Subrecipient. The parties
intend that grant funds be utilized within the time period covered by this
Agreement, and any funds not used shall revert to the City. No reserve for
the future shall be established with the funds except as may be authorized to
meet commitment" made for services provided during the period of this
Agreement, but not yet paid for at the conclusion of this Agreement.
S. . Accounting. Prior to the final payment under this Agreement, and
at such other times as may be requested by the Executive Director of the
Redevelopment Agency of the City of San Bernardino, Subrecipient shall submit
to the Executive Director an accounting of the proposed and actual
expenditures of all revenues accruing to the organization for the fiscal year
ending June 30, 1987. Financial records shall be maintained by Subrec1pient
in accordance with generally accepted accounting principles, in a maDDer whic
permits City to trace the expenditures of funds to source documentation. All
books and records of Subrecipient are to be kept open for inspection at any
time during the business dsy by the City, its officers or agents, snd by any
representative of the United States of America authorized to audit Community
Development Block Grant programs. Standards for financial management systelDS
and financial reporting requirements established by Attachment "F" and
Attachment "G" of Office of Management and Budget Circular No. A-110 shall be
fully complied with by Subrecipient. Subrecipient acknowledges that the funds
prOVided are federal funds. Subrecipient's financial management system shall
provide for accurate, current and complete disclosure of the financial results
of each program sponsored by this Agreement. It is the responsibility of
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1 Subrecipient to adequately safeguard all assets of the program, and
2 Subrecipient shall assure tbat they are used solely for authorized purposes.
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6. Services Available to B.esidents; MonitoriDg _d B.eporting Program
4 Perforllance.
The services of Subrecipient sball be made available to
5 residents and inhabitants of the City of San Bernardino unless otherwise noted
6 in Exhibit "A". No person sball be denied service because of race, color,
i national origin, creed, sex, marital status, or physical handicapp.
8 Subrecipient shall comply with Affirmative Action guidelines in its employment
9 practices. Subrecipient shall also monitor the program's activities and
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10 submit written reports quarterly, or more often if requested, to the Executive
11 Director of .the Redevelopment Agency of the City of San Bernardino, in
12 accordance with Attachment "H", Office of Management and Budget Circular No.
13 A-liO. Failure to provide auch quarterly performance reports may prevent the
14 processing by City of Subrecipient's requests for reimbursement, and may
15 justify temporary withholding as provided for in Paragraph li hereof.
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7. Procur_t
Practices.
Subrec1pient
shall
comply
with
Ii procurement procedures and guidelines established by Attachment "0" to Office
18 of Management and Budget Circular No. 1.-102, "Procurement Standards". In
19 addition to the specific requirements of Attachment "0" to Circular No. 1.-102,
20 Subrecipient shall maintain a code or standards of conduct which shall govern
21 the performance of its officers, employees or agents in contracting 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 anything of monetary value from contractors
25 or potential contractors. To the extent permissible by State lsw, rules, and
26 regulations, the standards adopted by Subrecipient shall provide for
2i penalties, sanctions or other disciplinary actions to be applied for
28 violations of such standards by either the Subrecipient's officers, employees
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or agents, or by contractors or their agents. Subrecipient shall provide a
copy of the code or standards adopted to City forthwith. All procurement
transactions without regard to dollar value shall be conducted in a manner so
as to provide maximum open and free competition. The Subrecipient shall be
alert to organizational conflicts of interest or non-competitive practices
among contractors which may restrict or eliminate competition or otherwise
restrain trade. Subrecipient agrees to adhere to the procurement rules
specified in Office of Management and Budget Circular No. A-102 Attachment "0"
in its expenditure of all funds received under this Agreement.
8. Anti-lick Back Provi8ions; Equal Eaployaent OpportuDity. All
contract for construction or repair using funds provided under this Agreement
shall include a provision for compliance with the Copeland "Anti-Kick Back"
Act (18.U.S.C. 874) as supplemented in Department of Labor Regulations (29
CPR, 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 Subrecipient using funds provided under this
Agreement shall contain a provision requiring compliance with Equal Employment
Opportunity provisions established by Executive Order #11246 as amended.
9. PreTailing Wage Ilequireaent. 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 (29CPR). 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
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 Charzea; Use of Progr811 InCOIle. City
reserves the right to require Subrecipient to obtain the prior writte
approval of City of any charges or fees to be charged by Subrecipient for
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services provided under this Agreement, and of any rules and reSulations
governing the provision of services hereunder. Program income represents
gross income earned by the Subrecipient from the Federally supported
activities.
Such earnings 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. These funds shall be used first for
eligible program activities, before requests for reimbursement, or shall be
remitted to the City. Subrec1pient shall remit all unspent program income to
the City within thirty (30) ilays subsequent to the end of the program year
(June 30, 1987). Interest earned on funds advanced under the Agreement shall
be paid to the City.
11. Temporary
WlthholdinZ.
Director
The
Executive
of
the
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. Funds
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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1 held within 45 days after the funds have first been withheld, provided
2 Subrecipient requests such hearing within 15 days after such first withholding.
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12. Records Retention.
Financial records, supporting documents,
4 statistical records, and all other records pertaining to the use of the funds
5 provided under this Agreement shall be retained by Subrecipient for a period
6 of three (3) years, at a minimum, and in the event of litigation, claim or
i audit, the records shall be retained until all litigation, claims, and audit
8 findings involving the records, have been fully resolved. Records for
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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-e:q>endable personal property,
13 for the purposes of this Agreement, is defined as tangible personal property,
14 purchased in whole or in part with Federal funda, which has useful life of
15 more than one (1) year and an acquisition cost of three hundred dollars
16 ($300.00) or more per unit. Real propert~ means land, including land
1 i improvements, structures and appurtenances thereto, excluding movable
18 machinery and equipment. Non-e:q>endable personal property and real property
19 purchased with or improved by funda 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-I02, "Property Management
22 Standards" .
23 14. Termination for Cause. City reserves the right to terminate this
24 Agteement and any and all grants and future payments under this Agreement in
25 whole or in part at any time before the date of completion of this Agreement
26 whenever City determines that the Subrecipient has failed to comply with the
27 conditions of this Agreement. In the event City seeks to terminate this
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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. Subrec1pient shall be given an opportunity to appear before
3 the Mayor and Common Council at the time at which the Hayor and Common Council
4 are to consider auch recommended termination, and ahall 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, shall promptly be given to Subrecipient,
9 together with information as to the effective date of the termination. The
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10 determination of the Mayor and Common Council as to cause shall be final.
1] 15. . Termination for Convenience. City or Subrecipient may terminate
12 this Agreement 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 termination conditions, including the effective date and, in the case
16 of partial terminations, the portion to be terminated. The Subrecipient shall
17 not incur new obligations for the terminated portion after the effective date
18 and shall cancel as I18DY outstanding obligations as poSsible. City shall
19 allow Subrecipient full credit for the City's share of the non-cancellable
20 obligations properly incurred by the Subrecipient prior to termination.
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16. Hold Baraless.
Subrecipient agrees to indemnify and save
22 harmless the City and its employees and agents from all liabilities and
23 charges, expenses (including counsel fees), suits or losses, however
24 occurring, or damages, arising or growing out of the use of or receipt of
25 funds paid under this Agreement and all operations under this Agreement.
26 Payments under this Agreement are made with the understanding that the City is
27 not involved in the performance of services or other activities of
28 Subrecipient. Subrec1pient and its employees and agents are independent
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1 contractors and not employees or agents of City.
2 17. _....vI_t. This Agreement may be amended or modified only by
3 written agreement signed by both parties, and failure on the part of either
4 party to enforce any provision of this Agreement shall not be construed as a
5 waiver of the right to compel enforcement of any provision or provisions.
6 18. Assi&lllMllt. This Agreement shall not be assigned by Subrecipient
i without the prior written consent of City.
8 19. NoUces. All notices herein required shall be in writing and
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delivered in person or sent by certified mail, postage prepaid, addressed as
, A
follows:
, As to City:
As to Subrec1pient:
Executive Director,
Redevelopment Agency of the
City of San Bernardino
City Hall, Third Floor Rm. 320
300 North -D- Street
San Bernardino, Calif. 92418
Rolling Start
(Deaf services)
443 West 4th Street
San Bernardino, Ca.
92401
20. Evidence of Authority.
Subrec1pient 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 Agreement has been approved
in all its detail by the governing body of Subrecipient, that the person(s)
encuting it are author:l&ed to act on behalf of Subrec1pient, and that this
Agreement is a binding obligation on Subrecipient.
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] DI WITNESS WIIElI.EOF, the parties hereto have executed this Agreement
2 on the day and year first hereinabove written.
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4 ATTEST:
5 A/?//??4~41t/
BY:
6 / City Clerk
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9 BY: t'/e-c. .IN RC "V
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BY:
]1 Secretary
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Approved as to legal form:
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EXHIBIT "A"
({!zIOns
StdU !JJc. INDEPENDENT LIVING CENTER . A Non-Profit Organization Serving the Disabled
June 25, 1985
Glenda Saul, Director
Redeveloprent Agency
300 North D Street
San Bernardino, California 92418
Dear Ms. Saul:
As requested in your letter, dated June 18, 1986, enclosed you will find a
copy of our proposed budget for too fiscal year 1986 - 1987. The budget is
still tentative as we have not been given notification of approval for the
grant fran Parks, Recreation and Comnunity Services Department. In the event
that we do not get the funds fran that department, we will need to revise our
budget. However, too revisions will not necessarily affect the proposed
expenditures of the CDBG Grant as outlined in our proposal.
The following is too scope of services we intend to provide for too Deaf and
Hard of Hearing in the City of San Bernardino in the Fiscal year 1986 - 1987:
ROUTlmf
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SL :l. _
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CCTO~
1. 5,000 units of service.
2. Assist 150 clients resolve issuesrelative to benefits and/or too
camunity .
3. Provide 1,000 relay calls
4. Provide 500 interpreter hours.
5. Offer 10 sign language classes to the City of San Bernardino.
6. Provide 12 Deaf Awareness Presentations.
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ROUTE COPY L
Should you have any questions relative to the budget or scope of services
please call lIe.
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Kathie Ambrosio
Deaf Services Coordinator
KA:cg MAIN OFFICE It
443 West 4th Street
San Bernardino_ ea 92401
220 East Buena Vista
Barstow, CA 92311
.6191 256.2832
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Riverside. CA 92507
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