HomeMy WebLinkAbout1988-253
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26 IIII
RESOLUTION NUMBER 88-253
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND EASTER
SEAL SOCIETY AND INLAND AREA HEAD INJURY SUPPORT GROUP.
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, on behalf of the
City, an agreement for Community Development Block Grant funding
with Easter Seal Society and Inland Area Head Injury Support
Group, a copy of which agreement is annexed hereto as Exhibit
"1", and is incorporated herein by reference as though fully set
forth at length. The agreement provides for the granting of
Community Development Block Grant funds in the following amount
of $15,040.00.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the
18th day of
July
, 1988 by the following vote, to
wit:
AYES:
Councilpersons Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller
NAYES: None
ABSENT: None
~#Zt?~
/' City C erk
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RESOLUTIBN ,OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIR~CTING
THE EXECUTION OF A CDBG AGREEMENT BETWEEN THE CITY AND EASTER SEAL
SOCIETY AND INLAND AREA HEAD INJURY SUPPORT GROUP.
The foregoing resolution is hereby approved this Z~tL day of
Julv
, 1988.
Approved as to form
and legal content: By:
~~
labj0999
6-27-88
6-30-88
Evlvn Wilcox
Mayor, City of San Bernardino
~~
omas Minor, Mayor Pro Tempore
2
J
A~B~~M~H~
THIS AGREEMENT is entered into effective as of
July 19 , 1988, at San Bernardino, California,
between the CITY OF SAN BERNARDINO, a municipal corporation,
referred to as "City", and EASTER SEAL SOCIETY AND INLAND AREA
HEAD INJURY GROUP , a
nonprofit community service organization, referred to as "Sub-
recipient".
City and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance
from City for fiscal year 1988/1989 from funds available through
the Community Development Block Grant Program from the United
States of America to City.
(b) Subrecipient represents that the expenditures
authorized by this agreement are for valid and eligible
community development purposes, as defined in CFR Part 570 in
accordance with Federal law and regulations, and that all funds
granted under this agreement will be used for no purpose other
than those purposes specifically authorized. The specific
purposes and scope of services of this particular grant are set
forth in Exhibit "A", attached hereto and incorporated into this
agreement as though fully set forth herein.
2. Payments. City shall reimburse Subrecipient for allow-
able costs incurred under the scope of this agreement and
applicable Federal regulations, which have not been paid for or
reimbursed in any other manner by any other Agency or private
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EXHIBIT "1"
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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.
(d) 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 another entity entitled to such payment.
Upon such payment and the submission of evidence of such payment
to the City of San Bernardino Community Development Department,
such expenses shall be regarded as an allowable cost, and the
City shall reimburse Subrecipient for such obligation.
(e) A variation in the itemization of costs, as set
forth in the proposed budget submitted to City, not to exceed
ten percent (10%) as to any particular line item, shall be
allowed, provided that the prior written approval of the
Director of Community Development of the City of San Bernardino
is obtained, it being understood that the total amount of the
grant shall not be varied thereby.
(f) The parties intend that grant funds be utilized
within the time period covered by this agreement, and
entitlement to any funds not expended or obligated shall revert
to the City. No reserve for the future shall be established with
the funds except as may be authorized to meet commitments made
for services provided during the period of this agreement, but
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not yet paid for at the conclusion of this agreement.
5. Accountinq: Audit.
(a) Prior to the final payment under this agreement,
and at such other times as may be requested by the Director of
Community Development of the City of San Bernardino,
Subrecipient shall submit to the Director an accounting of the
proposed and actual expenditures of all revenues from whatever
source accruing to the organization for the fiscal year ending
June 30, 1989.
(b) Financial records shall be maintained by
Subrecipient in accordance with Generally Accepted Accounting
Principles, and in a manner which 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 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.
(c) Standards for financial management systems 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.
(d) 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 Subrecipient to adequately safeguard
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all assets of the program, and Subrecipient shall assure that
they are used solely for authorized purposes.
(e) In addition to the foregoing, Subrecipient shall
at its own expense have the City-funded portion of its program
audited annually, and provide to City a copy of the audit report
within sixty (60) days after receipt of the report by
Subrecipient. Such audit must be performed by a certified
Public Accountant or some other independent auditor approved in
advance by the City's Director of the Community Development.
6. Services Available to Residents: Monitorina and Report-
ina Proaram Performance. The services of Subrecipient shall be
made available to residents and inhabitants of the City of San
Bernardino unless otherwise noted in Exhibit "A". No person
shall be denied service because of race, color, national origin,
creed, sex, marital status, or physical handicap. Subrecipient
shall comply with Affirmative Action guidelines in its
employment practices. Subrecipient shall also monitor the
program's activities and submit written reports quarterly, or
more often if requested, to the Director of Community
Development of the City of San Bernardino, in accordance with
Attachment "H", Office of Management and Budget Circular No. A
110. Failure 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 11 hereof.
7. Procurement Practices: Conflict of Interest.
Subrecipient shall comply with procurement procedures and
guidelines established by Attachment "0" to Office of Management
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and Budget Circular No. A-102, "Procurement Standards". In
addition to the specific requirements of Attachment "0" to
Circular No. A-102, Subrecipient shall maintain a code or
standards of conduct which shall govern the performance of its
officers, employees or agents in contracting with and expending
the federal grant funds made available to Subrecipient under
this agreement. Subrecipient's officers, employees or agents
shall neither solicit nor accept gratuities, favors, or anything
of monetary value from contractors or potential contractors. To
the extent permissable by State law, rules, and regulations, the
standards adopted by Subrecipient shall provide for penalties,
sanctions or other disciplinary actions to be applied for
violations of such standards by either the Subrecipient's
officers, employees 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 conflict of interest
provisions set forth in 24 CFR Section 570.611 and 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-Kick Back provisions: Eaual Emolovment
Oooortunitv. All contracts for construction or repair using
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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 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 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. Prevailing Waqe Requirement. 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 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.
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determines that the Subrecipient has failed to comply with the
conditions of this agreement. In the event City seeks to
terminate this agreement for cause, City shall promptly notify
the Subrecipient in writing of the proposed termination and the
reasons therefore, together with the proposed effective date.
Subrecipient shall be given an opportunity to appear before the
Mayor and Common Council at the time at which the Mayor and
Common Council are to consider such recommended termination, and
shall be given a reasonable opportunity to show cause why, if
any exists, the agreement should not be terminated for cause.
Upon determination by the Mayor and Common Council that the
contract should be terminated for cause, notice thereof,
including reasons for the determination, shall promptly be
mailed to the SUbrecipient, together with information as to the
effective date of the termination. Such notice may be given
orally at that hearing. The determination of the Mayor and
Common Council as to cause shall be final.
15. Termination for Convenience. City or Subrecipient may
terminate this agreement in whole or in part provided both
parties agree that the continuation of the project would not
produce beneficial results commensurate with further expenditure
of funds. In such event, the parties shall agree upon the
termination conditions, including the effective date and, in the
case of partial terminations, the portion to be terminated. The
Subrecipient shall not incur new obligations for the terminated
portion after the effective date and shall cancel as many
outstanding obligations as possible. City shall allow
Subrecipient full credit for the City's share of the non
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cancellable obligations properly incurred by the Subrecipient
prior to termination.
16. Hold Harmless. Subrecipient agrees to indemnify, save
and hold harmless the City and its employees and agents from all
liabilities and charges, expenses (including counsel fees),
suits or losses, however 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 not involved in the performance of services or other
activities of the Subrecipient~ Subrecipient and its employees
and agents are independent contractors and not employees or
agents of city. In the event of any termination, subrecipient
shall forthwith provide to the Community Development Department
any and all documentation needed by the Community Development
Department to establish a full record of all monies received by
subrecipient and to document the uses of same.
17. Amendment. This agreement may be amended or modified
only by written agreement signed by both parties, and failure on
the part of either party to enforce any provision of this
agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
18. Assiqnment. This agreement shall not be assigned by
Subrecipient without the prior written consent of City.
19. Notices. All notices herein required shall be in
writing and delivered in person or sent certified mail, postage
prepaid, addressed as follows:
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As to City:
As to Subrecipient:
Director
Community Development Dept.
City of San Bernardino
City Hall, Fifth Floor
300 North "0" street
San Bernardino, Calif. 92418
Director
Easter Seal Society/Inland Area
Head Injury Support Group
21401 Box Spring Road
Riberside, CA 92507
5 20. Evidence of Authoritv. Subrecipient shall provide to
6 City evidence in the form of a certified copy of minutes of the
7 governing body of Subrecipient, or other adequate proof, that
8 this agreement has been approved in all its detail by the
9 governing body of the Subrecipient, that the person(s) executing
10 it are authorized to act on behalf of Subrecipient, and that
11 this agreement is a binding obligation on Subrecipient.
12 21. Entire Aqreement. This agreement and any document or
13 instrument attached hereto or referred to herein integrates all
14 terms and conditions mentioned herein or incidental hereto, and
15 supersedes all negotiations and prior writing in respect to the
16 subject matter hereof. In the event of conflict between the
17 terms, conditions or provisions of this agreement, and any such
18 document or instrument, the terms and conditions of this
19 agreement shall prevail.
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6-30-88 12
AGREEMENT BETWEEN CITY AND EASTER SEAL SOCEITY/INLAND AREA HEAD INJURY.
SUPPORT GROUP.
1 IN WITNESS WHEREOF, the parties hereto have executed this
2 agreement on the day and year first hereinabove written.
3 ATTEST:
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9 ' ~#~~, .,/ ..,/
,/ City Clerk
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11 Approved as to form
12 and legal content:
b~
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14 KJH/lab/0068
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6-30-88 13
SUBRECIPIENT:
By:
_rI'
/~~~ ~~
-/.. '. pre~.}d · ent /
/'JM ~~ . /7:LL;
Secre
BY:
:
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EASTER SEAL SOCIETY
Head Injury Program
PROGRAM NARRATION
In the City of San Bernardino there are 75-100 families that are dealing with
the Head Injured Survivor. The coalition of Inland Area Head Injury Support
Group, Inland Counties Resource Center and Easter Seal Society is working to
promote services to the people. Newsletters, Support Group Meetings, indi-
vidual counseling, videos, booklets, articles, awareness programs, prevention,
Physical Therapy amd Speech/Language Therapy are all part of the program.
Working with Inland Counties Resource Center some individuals will become
eligible for Occupational Therapy, Job Counseling and Neuropsychological
Evaluations. Respite is provided for the care giver when the survivor is
participating in programs.
The coalition also places great em~hasis ~n educating doctors, nurses and
hospital discharge personnel on the services and support available to the
Head Injured Survivor and family. School personnel will be given information
that would make them alert to students that might be suffering from some
type of brain trauma. Awareness and prevention are also important parts of
the coalition efforts.
Service Goals
· Monthly newsletter to 100+ families and professionals in the City of
San Bernardino
· Monthly meeting of Inland Area Head Injury Support Group, 40-100 people
(est. 50% City residents)
· Weekly Counseling/Therapy Programs, Screening, Evaluation, Group for family
Members and Group for Survivors for low income or other City residents who
have not been able to qualify for other tehabilitation services, but still
need help because of head injury. (4-8 City residents each week, plus their
families receive respite time)
· Library open at Easter Seal Society for survivors, their families and others
interested in finding out more about the problems and help available.
· To let San Bernardino City residents know about the problems of the Head
Injured and to suggest where to go for help, if needed; prevention of head
injury would be stressed. (Reach thousands of City residents through posters,
newspaper articles and other "promotional material")
EXHIBIT IIAII
6-30-88
;,
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EASTER SEAL SOCIETY and
INLAND AREA HEAD INJURY
SUPPORT GROUP
June, 1988
CDBG FUNDS
Fiscal Year 1988/89
Personnel Services Budget
Secretary/Newsletter
Library
Fran Langston
To Be Hired
$2,689 + $365 Taxes, FICA $3,044
800 + 96 Taxes, FICA 896
$3,940
Supplies/Materials Budget
Newsletters, Meeting Notices, New Materials, Books
Booklets, Posters, Information Cards, Educational Materials
$3,000
Contracts Budget
Marie Martone, Ph.D.
Clinical Neuropsychologist
3693 E. Highland Avenue
Highland, CA 92346
$625 a month x 12 months = $7,500
To work at Easter Seal Society, one half day each week. To provide for the
needs of the Head Injured and their families/caregivers. The program will vary
according to the needs of the participants. It is anticipated that the program
will include Screening, Evaluation, Individual Counseling, Group Counseling for
the Head Injured and Group Counseling for the family of Head Injury victims.
Other
Utilities
This is a portion of the telephone bill (about 10%)
$ 600
TOTAL BUDGET
$15,040
EXHIBIT IIBII
6-30-88