HomeMy WebLinkAbout1987-190
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RESOLUTION NUMBER 87-190
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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 SAN
BERNARDINO VALLEY COLLEGE (SSNIOR IIJIPACT PROGRl\t,l) ..
BE IT R.ESOLVED BY THE r;IAYOR lU~D COI'-~gON COUNCIL OF THE CITY
OF SAN B~RNARDINO AS FOLLOWS:
SECTION I.. The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute, on behalf of the
Cit,y, an a(]reement Eo Communit.y DeveJoprnent Block Grant fund:ing
'-'lith San Bernardino Valley College (Senior I'(qpact Program) I a
(~O P Y 0 f w 11 i c h a 9 r e e nH? n t ; t; ann e xed 11 ere t 0 a f~ E x h i b i 1-: n 1 r: an cl i ~3
incorporat-r:>cl herein by referf2nce a::.:; tl!ol1gh fully set rC):ctxl ;:1.-1::
lengt.h.. The dg[(?ernent: provides for the granting of Community
D2\7(:"
nt Block Grant funds in the following amount of
$12,500..00.
I HEREBY CERTIFY that the foregoJ.ng resolution was duly
adopted by the and Common Council of the City of San Bernardino
a.t a regular
meeting thereof, held on the 15th
day of
June
1987; 1:)11 tbe foJlowin<] vote f tc
. ,
\(,1', ',-: ~
!~Y'ES ~
CouncilpersoDs Reillv. Flores. Maudslev. Minor,
Miller
NAYES:
None
ABSENT:
None A~~~h~F: Council Members Estraqa, Pope-Ludl m
~dd"Id"/~~~
/' City Clerk
6/2/[>,7
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iE; hereby /~pproved this /'t:~~. It-/
19 87 .. ..~::.c. /7 . -:;tj. / _ ./
"~ 1/ /.>'. /
,ff/,</l-V/ ,.-v-/ v ,-({:a:y
Mayor, Cit~ of San Bernardino
The foregoing resolution
day of June
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Approved as to legal form
and content:
(\f'~J
\~,'~~1 1. Ubvvn~
/j CIty Attorney
,/ l
/ /
~/lab/0263
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6/2/87
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A~B~~M~H~
THIS AGREEMENT is entered into effective as of
July! , 1987, at San Bernardino, California,
between the CITY OF SAN BERNARDINO, a municipal corporation,
referred to as "City", and
SAN BERNARDINO VALLEY COLLEGE (SENIOR IMPACT PROGRAM) , 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 1987/1988 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 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
source of funding. Reimbursement will be made at least on a
monthly basis, with the total of all such reimbursements not to
exceed $ 12,500.00
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1 (d) Only net payroll shall be periodically reimbursed
2 by City as an allowable cost. Any amounts withheld by
3 subrecipient from an employee's pay for taxes, social security,
4 or other withholding and not immediately paid over to another
5 entity, shall not be included as wages or expenses eligible for
6 reimbursement as an allowable cost until such time as the
7 withheld taxes, social security, or other withholdings are
8 actually paid over to another entity entitled to such payment.
9 Upon such payment and the submission of evidence of such payment
10 to the City of San Bernardino Community Development Department,
11 such expenses shall be regarded as an allowable cost, and the
12 City shall reimburse Subrecipient for such obligation.
13 (e) A variation in the itemization of costs, as set
14 forth in the proposed budget submitted to City, not to exceed
15 ten percent (10%) as to any particular line item, shall be
16 allowed, provided the prior written approval of the Director of
17 Community Development of the City of San Bernardino is obtained,
18 it being understood that the total amount of the grant shall not
19 be varied thereby.
20 (f) The parties intend that grant funds be utilized
21 within the time period covered by this agreement, and
22 entitlement to any funds not used shall revert to the City. No
23 reserve for the future shall be established with the funds
24 except as may be authorized to meet commitments made for
25 services provided during the period of this agreement, but not
26 yet paid for at the conclusion of this agreement.
27 5. Accountinq: Audit.
28 (a) Prior to the final payment under this agreement,
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1 and at such other times as may be requested by the Director of
2 Community Development of the City of San Bernardino,
3 Subrecipient shall submit to the Director an accounting of the
4 proposed and actual expenditures of all revenues from whatever
5 source accruing to the organization for the fiscal year ending
6 June 3, 1988.
7 (b) Financial records shall be maintained by
8 Subrecipient in accordance with generally accepted accounting
9 principles, and in a manner which permits City to trace the
10 expenditures of funds to source documentation. All books and
11 records of Subrecipient are to be kept open for inspection at
12 any time during the business day by the City, its officers or
13 agents, and by any representative of the united states of
14 America authorized to audit community development block grant
15 programs ·
16 (c) standards for financial management systems and
17 financial reporting requirements established by Attachment "F"
18 and Attachment "G" of Office of Management and Budget Circular
19 No. A 110 shall be fully complied with by Subrecipient.
20 Subrecipient acknowledges that the funds provided are federal
21 funds.
22 (d) Subrecipient's financial management system shall
23 provide for accurate, current and complete disclosure of the
24 financial results of each program sponsored by this agreement.
25 It is the responsibility of Subrecipient to adequately safeguard
26 all assets of the program, and Subrecipient shall assure that
27 they are used solely for authorized purposes.
28 (e) In addition to the foregoing, Subrecipient shall
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1 at its own expense have the City-funded portion of its program
2 audited annually, and provide to City a copy of the audit report
3 within sixty (60) days after receipt of the report by
4 Subrecipient. Such audit must be performed by a certified
5 Public Accountant or some other independent auditor approved in
6 advance by the City's Director of the Community Development.
7 6. Services Available to Residents: Monitorinq and Report-
8 inq Proqram Performance. The services of Subrecipient shall be
9 made available to residents and inhabitants of the City of San
10 Bernardino unless otherwise noted in Exhibit "A". No person
11 shall be denied service because of race, color, national origin,
12 creed, sex, martial status, or physical handicap. Subrecipient
13 shall comply with Affirmative Action guidelines in its
14 employment practices. Subrecipient shall also monitor the
15 program's activities and submit written reports quarterly, or
16 more often if requested, to the Director of Community
17 Development of the City of San Bernardino, in accordance with
18 Attachment "H", Office of Management and Budget Circular No. A
19 110. Failure to provide such quarterly performance reports may
20 prevent the processing by city of Sub recipient's requests for
21 reimbursement, and may justify temporary withholding as provided
22 for in Paragraph 11 hereof.
23 7. Procurement Practices: Conflict of Interest.
24 Subrecipient shall comply with procurement procedures and
25 guidelines established by Attachment "0" to Office of Management
26 and Budget Circular No. A-102, "Procurement Standards". In
27 addition to the specific requirements of Attachment "0" to
28 Circular No. A-102, Subrecipient shall maintain a code or
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1 standards of conduct which shall govern the performance of its
2 officers, employees or agents in contracting with and expending
3 the federal grant funds made available to Subrecipient under
4 this agreement. Subrecipient's officers, employees or agents
5 shall neither solicit nor accept gratuities, favors, or anything
6 of monetary value from contractors or potential contractors. To
7 the extent permissable by state law rules, and regulations, the
8 standards adopted by Subrecipient shall provide for penalties,
9 sanctions or other disciplinary actions to be applied for
10 violations of such standards by either the Subrecipient's
11 officers, employees or agents, or by contractors or their
12 agents. Subrecipient shall provide a copy of the code or
13 standards adopted to City forthwith. All procurement
14 transactions without regard to dollar value shall be conducted
15 in a manner so as to provide maximum open and free competition.
16 The Subrecipient shall be alert to organizational conflicts of
17 interest or non-competitive practices among contractors which
18 may restrict or eliminate competition or otherwise restrain
19 trade. Subrecipient agrees to adhere to conflict of interest
20 provisions set forth in 24 CFR section 570.611 and to the
21 procurement rules specified in Office of Management and Budget
22 Circular No. A 102 Attachment "0" in its expenditure of all
23 funds received under this agreement.
24 8. Anti-Kick Back provisions: Eaual Employment
25 Opportunity. All contracts for construction or repair using
26 funds provided under this agreement shall include a provision
27 for compliance with the Copeland "Anti-Kick Back" Act (18.U.S.C.
28 874) as supplemented in Department of Labor Regulations (29 CFR,
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1 Part 3). This act provides that each contractor or subgrantee
2 shall be prohibited from inducing, by any means, any person
3 employed in the construction, completion or repair of public
4 work, to give up any part of the compensation to which he is
5 otherwise entitled. Subrecipient shall report all suspected or
6 reported violations to city. All contracts in excess of
7 $10,000.00 entered into by Subrecipient using funds provided
8 under this agreement shall contain a provision requiring
9 compliance with Equal Employment Opportunity provisions
10 established by Executive Order #11246 as amended.
11 9. prevailina Waae Requirement. Any construction
12 contracts awarded by Subrecipient using funds provided under
13 this agreement in excess of $2,000.00 shall include a provision
14 for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a
15 7) and as supplemented by Department of Labor Regulations
16 (29CFR). Under this Act, contractors shall be required to pay
17 wages to laborers and mechanics at a rate not less than the
18 minimum wages specified in a wage determination made by the
19 Secretary of Labor. In addition, contractors shall be required
20 to pay wages not less often than once a week. Subrecipient
21 shall place a copy of the current prevailing wage determination
22 issued by the Department of Labor in each solicitation and the
23 award of a contract shall be conditioned upon the acceptance of
24 the wage determination. Subrecipient shall report all suspected
25 or reported violations to city.
26 10. Approval of city of any Charaes; Use of Proqram
27 Income. City reserves the right to require Subrecipient to
28 obtain the prior written approval of City of any charges or fees
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1 to be charged by Subrecipient for services provided under this
2 agreement, and of any rules and regulations governing the
3 provision of services hereunder. Program income represents
4 gross income earned by the Subrecipient from the federally
5 supported activities. Such earnings exclude interest earned on
6 advances and may include, but will not be limited to, income
7 from service fees, sale of commodities, usage and rental fees.
8 These funds shall be used first for eligible program activities,
9 before requests for reimbursement, or shall be remitted to the
10 city. Subrecipient shall remit all unspent program income to
11 the City within thirty (30) days subsequent to the end of the
12 program year (June 30, 1988). Interest earned on funds advanced
13 under the agreement shall be paid to the city.
14 11. Temporarv withholdinq. The Director of the Community
15 Development of the City of San Bernardino is authorized to
16 temporarily withhold the payment of funds to Subrecipients when
17 the Director determines that any violation of this agreement has
18 occurred. Funds shall be withheld until the violation is
19 corrected to the satisfaction of the Director. subrecipient
20 shall have the right to appeal the decision of the Director to
21 the Mayor and Common Council. The sole grounds for such appeal
22 shall be that no violation of the agreement has occurred.
23 Subrecipient shall file such appeal within fifteen (15) days
24 after such first withholding. The Mayor and Common Council
25 shall set a date for the hearing of such appeal which is within
26 thirty (30) days following the date of filing.
27 12. Records Retention. Financial records, supporting
28 documents, statistical records, and all other records pertaining
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to the use of the funds provided under this agreement shall be
retained by Subrecipient for a period of three (3) years, at a
minimum, and in the event of litigation, claim or audit, the
records shall be retained until all litigation, claims and audit
findings involving the records, have been fully resolved.
Records for non-expendable property acquired with federal funds
provided under this agreement shall be retained for three (3)
years after the final disposition of such property.
13. Property Manaqement Standards. Non-expendable personal
property, for the purposes of this agreement, is defined as
tangible personal property, purchased in whole or in part with
federal funds, which has useful life of more than one (1) year
and an acquisition cost of three hundred dollars ($300.00) or
more per unit. Real property means land, including land
improvements, structures and appurtenances thereto, excluding
movable machinery and equipment. Non-expendable personal
property and real property purchased with or improved by funds
provided under this agreement shall be subject to the property
management standards specified in Attachment "N" of Office of
Management and Budget Circular No. A-102, "Property Management
Standards".
14. Termination for Cause. City reserves the right to
terminate this agreement and any and all grants and future
payments under this agreement in whole or in part at any time
before the date of completion of this agreement whenever City
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
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1 the Subrecipient in writing of the proposed termination and the
2 reasons therefore, together with the proposed effective date.
3 Subrecipient shall be given an opportunity to appear before the
4 Mayor and Common Council at the time at which the Mayor and
5 Common Council are to consider such recommended termination, and
6 shall be given a reasonable opportunity to show cause why, if
7 any exists, the agreement should not be terminated for cause.
8 Upon determination by the Mayor and Common Council that the
9 contract should be terminated for cause, notice thereof,
10 including reasons for the determination, shall promptly be
11 mailed to the Subrecipient, together with information as to the
12 effective date of the termination. Such notice may be given
13 orally at that hearing. The determination of the Mayor and
14 Common Council as to cause shall be final.
15 15. Termination for Convenience. City or Subrecipient may
16 terminate this agreement in whole or in part provided both
17 parties agree that the continuation of the project would not
18 produce beneficial results commensurate with further expenditure
19 of funds. In such event, the parties shall agree upon the
20 termination conditions, including the effective date and, in the
21 case of partial terminations, the portion to be terminated. The
22 Subrecipient shall not incur new obligations for the terminated
23 portion after the effective date and shall cancel as many
24 outstanding obligations as possible. City shall allow
25 Subrecipient full credit for the City's share of the non
26 cancellable obligations properly incurred by the Subrecipient
27 prior to termination.
28 16. Hold Harmless. Subrecipient agrees to indemnify and
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save harmless the City and its employees and agents from all
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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
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activities of the Subrecipient. Subrecipient and its employees
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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:
As to City:
As to Subrecipient:
Director
Community Development Dept.
City of San Bernardino
City Hall, Fifth Floor
300 North "D" Street
San Bernardino, Calif. 92418
San Bernardino Valley College
(Senior Impact Program)
701 S. Mt. Vernon
San Bernardino, CA 92401
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20. Evidence 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 agreement has been approved in all its detail by the
governing body of the Subrecipient, that the person(s) executing
it are authorized to act on behalf of Subrecipient, and that
this agreement is a binding obligation on Subrecipient.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first hereinabove written.
CITY ~ SAN BER~ARDINO
.~ / 'J- v7
/~ / / ' - /?
BY . /<&.e.t~t .J/'Qee-p /
Mayor, of the City -f
San Bernardino
SUBRECIPIENT:
BXL~d~>>:~~)
Preslden
~_ .1>>~
BY:( /::f1 t~' .<~..U/ ~
Secretary
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pproved as to form
21 and legal content:
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9- I~~
City Attorney
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25 KJH/lb
0068
26 une, 1987
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,,~'
Senior Impact Program - Project Narrative
Status as a "Senior Citizen," a person age 55 or above, transcends all cultural, ethnic, and economic
boundaries. . The 1980 Census listed 25,139 residents of San Bernardino, fully 211 of the population of
the City, as belonging to this group. Projections based upon demographic trends that are already
apparent indicate that this segment of the population will continue to grow in proportion to all
other subgroups.
There are several generalized conditions that affect the quality of life available to Senior Citizens.
The earning potential of Senior Citizens is limited and diminishes with age. Thus the Senior who is
living at or near the poverty level stands little chance of improving the base standard of living as
would a younger person. Health care, and the ability to access care providers, becomes an increasing
concern. A demonstrated trend among Seniors is that they tend to change dwellings less frequently.
Aspects of planning and design, as attract younger commuters to shop or work in the City, are frequently
physical barriers to Seniors who would attempt to utilize the same facility. The majority of
recreation projects undertaken by the City are not useful to Seniors: the elements of travel, physical
design, and ultimate purpose, deny participation by Seniors. While a younger person can negotiate and
utilize facilities designed for Seniors the converse is often not true. .
There is no single group that fully represents the interests of Seniors who are residents of San
Bernardino. While there are numerous groups that claim to respond to the needs of the Senior community
the end result, the quality ot service, is often questionable. Subsidized non-profit organizations,
and those that are private-for-profit, have a vested interest in serving Seniors: their funding is
dependent upon the number of client.s they serve. The needs of the Senior community are not fully met
by services that are only available 8 AM - 5 PM, Monday through Friday. Many potential service
providers lack creditibility in the eyes of Seniors in that their representatives do not understand,
or appreciate, the culture and value systems held by Seniors. Studies have shown that the values and
behaviors of Seniors are the most static within age group in the society.
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Due to restrictions in mobility, earning power. and often fears about entering into new (and stressful)
situations, the Senior community has remained a passive element in San Bernardino. Yet. in recognition
of all indicators. the future prosperity of both the City and the Senior community depends upon planning
and accomodation for what is becoming an older population.
The goal of the Senior Impact Program is threefold: to establish an advocacy group of Seniors for
Seniors: who will network within their community to fully avail members of the tremendous skills
available within the pool of retired professionals: to establish a non-profit organization to give
the Senior community an impact in its future and the future of the City.
The mechanism for implementation will involve consultants in gerontology and administration. The
goal being to establish an organization that will become selfsustaining and which will not depend
upon an annual subsidy of City funds. Recruitment and organization will take place over the period
of twelve months. The consultants will act as facilitators for a Steering Committee recruited
from the Senior community. The administrative consultant will work with the Steering Committee
to aid in issues of organization and to identify and enlist sources of private sector funding for
continued operation.
The implementation of the Senior Impact Program will not only improve the quality of life
experienced by the Senior community. Through an organizing of the resources within this group
referrals to other public sector care providers will be lessened. This will result in a reduction
in costs in other areas as will offset the initial start-up cost of the program.
.
EXHIBIT ",4,U
SENIOR IMPACT PROGRAM
Personnel Services Budget
Employees:
Dorothy L. Gates, Director of Program
Thelma Knea (San Bernardino Valley College
Foundation). Part-time secretary for program.
Joseph Kranyak III, Grant Consultant
Account to reimburse expenses of the grant
consultant for development of funding sources,
program implementation and other necessary
administrative tasks. Mr. Kranyak will volunteer
actual time and seek reimbursement for actual
expenses not to exceed $2,000.
Salaries
$6,000
2,000
2,000