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HomeMy WebLinkAbout1986-407 1 2 3 4 5 6 RESOLUTION NO. 86-407 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. The Mayor of the City of San Bernardino is 7 hereby au~horized and directed to execute an Agreement between the City of San Bernardino and the San Bernardino City Unified 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 School District, ~nd with such non-substantive changes thereto as may be approved by the Mayor and City Attorney. A copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by this 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 reqular meeting thereof, held on the day of October , 1986, by the following vote, to 6th wit: '" Council Members AYES: Estradar Reilly, Marks, Olliel NAY S : None ABSENT: Council Members Hernandez, Frazier Strickler ~~~AI/ /" City Clerk The foregoing resolution is hereby approved this -7~A- day / of October , 1986. Approved as to form: 1Z ...,/'~' /" 1 ./<0. #' . ,/1 . i' ' .'~' ~ <,X/.i.1" . ,,'. .,..,'."......'~.P..~..- (/.,&;,. 1-1."";'-""" ','- (, City Attorney 1 ~ A' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A G R E E MEN T THIS AGREEMENT is entered into effective as of September 1, 1986, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, a public agency referred to as "Subrecipient". City and Subrecipient agree as follows: Recitals. 1. (a) Subrecipient has requested financial assistance from City for a four-year city assisted dropout prevention plan using 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~~ill 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 allowable 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. Reimbursement will be made on an annual basis, at a rate of $25,000.00 per year, with the total of all such reimbursements not to exceed $100,000.00. City shall reimburse Subrecipient at 1 ] 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the rate of 50% of allowable costs until the entire $100,000.00 has been expended. 3. Term. This Agreement shall commence September 1, 1986, and terminate June 30, 1990. 4. Use of Funds: Budget: Travel Limitations. The funds paid to Subrecipient shall be used by it solely for the purposes set forth in paragraph l(b) of this Agreement, and in accordance with the program budget submitted by Subrecipient to the City of San Bernardino, a copy of which is attached to this Agreement as Exhibit "B". This budget shall list all sources of funding for the program covered by this Agreement, whether from State, Federal, local or private sources, and shall identify which sources are paying for which specific portions of the program, by line-item, to the extent practicable. No travel expenses incurred by Subrecipient shall be eligible for reimbursement. Funds shall be used for purposes authorized by the Community Development Block Grant program only, and rt9 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 such payment and the submission of evidence of such payment to the City, such expenses shall be regarded as 2 1 2 3 4 5 6 allowable costs, and City shall reimburse Subrecipient for such obligation. A variation in the itemization of costs, as set forth in the proposed budget submitted to City, not to exceed 10% as to any particular line item, shall be allowed, provided the prior written approval of the Director of Community Development of the City of San Bernardino is obtained, it being understood 7 that the total amount of the grant shall not be varied thereby. 8 9 10 11 12 13 14 15 16 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 commitments made for services provided during the period of the Agreement, but not yet paid for at the conclusion of this Agreement. 5. Accounting. Prior to the final payment under this ~ 17 Agreement, and at such other times as may be requested by the 18 Director of Community Development of the City of San Bernardino, 19 Subrecipient shall submit to the Director an accounting of the 20 proposed and actual expenditures of all revenues accruing to the 21 organization for the fiscal year ending June 30, 1987. Financial 22 records shall be maintained by Subrecipient in accordance with 23 generally accepted accounting principles, in a manner which 24 permits City to trace the expenditures of funds to source 25 documentation. All books and records of Subrecipient are to be 26 kept open for inspection at any time during the business day by 27 the City, its officers or agents, and by any representative of 28 the United States of America authorized to audit Community 3 ... 1 2 3 4 5 6 Development Block Grant programs. Standards for financial management systems and financial reporting requirements established by Attachment nFn and Attachment nGn of Office of Management and Budget Circular No. A-lID 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 Subrecipient to adequately safeguard all assets of the program, and Subrecipient shall assure that they are used solely for authorized purposes. In addition to the foregoing, Subrecipient shall at its own expense have the City-funded portion of the Stay-in-School Program audited annually, and provide to the City a copy of the audit report within sixty (60) days after receipt of the report by Subrecipient. 6. Services Available to Residents: Monitoring and Reporting Program Performance. The services of Subrecipient shall be made available to residents and inhabitants of the City of San Bernardino unless otherwise noted in Exhibit nAn. No 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 25 program's activities and submit written reports quarterly, or 26 more often if requested, to the Director of Community Development 27 of the City of San Bernardino, in accordance with Attachment nHn, 28 Office of Management and Budget Circular NO. A-lID. Failure to 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. If Subrecipient uses any funds provided hereunder for equipment purchases, Subrecipient shall comply with procurement procedures and guidelines established by Attachment "0" to Office of Management and Budget Circular No. A-I02, "Procurement Standards". In addition to the specific requirements of Attachment "0" to Circular No. A-I02, 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 permissible 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 5 17 18 19 20 I 2 3 4 5 6 otherwise restrain trade. Subrecipient agrees to adhere to the procurement rules specified in Office of Management and Budget Circular No. A-I02 Attachment "0" in its expenditure of all funds received under this Agreement. 8. Anti-Kick Back Provisions: Equal Employment Opportunity. All contracts for construction or repair using 7 funds provided under this Agreement shall include a provision for 8 9 compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 10 3). This act provides that each contractor or subgrantee shall 11 be prohibited from inducing, by any means, any person employed in 12 the construction, completion or repair of public work, to give up 13 any part of the compensation to which he is otherwise entitled. 14 Subrecipient shall report all suspected or reported violations s 15 to City. All contracts in excess of $10,000.00 entered into by 16 Subrecipient using funds provided under this Agreement shall 4 ~ contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order #11246 as amended. 9. Prevailing Wage Requirement. Any construction 21 contracts awarded by Subrecipient using funds provided under this 22 Agreement in excess of $2,000.00 shall include a provision for 23 compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) 24 and as supplemented by Department of Labor Regulations (29CFR). 25 Under this act, contractors shall be required to pay wages to 26 laborers and mechanics at a rate not less than the minimum wages 27 specified in a wage determination made by the Secretary of Labor. 28 In addition, contractors shall be required to pay wages not less 6 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Charges: Use of Program Income. City reserves the right to require Subrecipient to obtain the prior written approval of City or any charges or fees to be charged by Sub recipient for services provided under this Agreement, and of any rules and regulations 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. 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 funds advanced under the Agreement shall be paid to the City. 11. Temporary Withholding. The Director of Community Development of the City of San Bernardino is authorized to temporarily withhold the payment of funds to Subrecipient when the Director determines that any violation of this Agreement has occurred. Funds shall be withheld until the violation is corrected to the satisfaction of the Director or of the Mayor and 7 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Common Council. Subrecipient shall have the right to be heard by the Mayor and Common council if Subrecipient maintains no violation of the Agreement has occurred, which hearing shall be 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, 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 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 Management 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-I02, "Property Management Standards". 8 1 2 3 4 5 6 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 7 terminate this Agreement for cause, City shall promptly notify 8 the Subrecipient in writing of the proposed termination and the 9 reasons therefore, together with the proposed effective date. 10 Subrecipient shall be given an opportunity to appear before the 11 Mayor and Common Council at the time at which the Mayor and 12 Common Council are to consider such recommended termination, and 13 shall be given a reasonable opportunity to show cause why, if any 14 exists, the Agreement should not be terminated for cause. Upon 15 determination by this Mayor and Common Council that the contract 16 should be terminated for cause, notice thereof, including reasons ~ ~ 17 for the determination, shall promptly be given to Subrecipient, 18 together with information as to the effective date of the 19 termination. The determination of the Mayor and Common Council 20 as to cause shall be final. 21 15. Termination for Convenience. City or Subrecipient 22 may terminate this Agreement in whole or in part provided both 23 parties agree that the continuation of the project would not 24 produce beneficial results commensurate with further expenditure 25 of funds. In such event, the parties shall agree upon the 26 termination conditions, including the effective date and, in the 27 case of partial terminations, the portion to be terminated. The 28 Subrecipient shall not incur new obligations for the terminated 9 1 2 3 4 5 6 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- cancellable obligations properly incurred by the Subrecipient prior to termination. 16. Hold Harmless. Subrecipient agrees to indemnify 7 and save 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 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the use or 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 Subrecipient. Subrecipient and its employees and agents are independent contractors and not employees or agents of City. 17. Amendment. This Agreement may be amended or modified only by written agreement signed by both pa~~ies, 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. Assignment. 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 by certified mail, postage prepaid, addressed as follows: / / / / / / / / 10 ,. 1 2 3 4 5 6 As to City: As to Subrecipient: Kenneth J. Henderson Director of Community Development City of San Bernardino City Hall, Fifth Floor 300 North nDn Street San Bernardino, CA 92418 E. Neal Roberts, Ed. D., Superintendent San Bernardino City Unified School District 777 North nFn Street San Bernardino, CA 92410 20. Evidence of Authority. Subrecipient shall 7 provide to City evidence in the form of a certified copy of minutes of the governing body of Subrecipient, or other 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 adequate proof, that this Agreement 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 Subrecipient, and that this Agreement is a binding obligation on Subrecipient. IN WITNESS WHEREOF, the parties hereby have executed this Agreement on the day and year first hereinabove written. ATTEST: CITY OF. pAN BERNARDINO ~ ~~ r~~7;?/Z, _,'/d::~, / /~ City Clerk B ..., SUBRECIPIENT: Approved as to legal form: <.../~/ /. 'x.LA' V-:.~:r~~~- r / -~ City Attorney 11 San Bernardino City Unified School District Proposal for City Dropout Prevention Plan February 1986 Subcommittee Charge Develop a plan to use the $100,000 funds set aside by the City Council to alleviate the dropout problem. It was suggested that the plan should include funding from the School District in matching or possibly double the amount to be given by the City. In addition, emphasis was given to developing a program at a level which would have the possibility of showing results within a relatively short time period. Goals To develop a Dropout Intervention Program modeled after and using components of the successful Drug Intervention Program. To develop a program which would allow greater utilization of the relatively limited number of staff members with the training, personality, and motivation necessary to successfully make a difference with high risk youth. To develop a program which provides coordination of the new program with the large number of programs already in place in the~bigh schools to help the dropout-prone student. Program Components 1. Involve senior high school head counselors as the Coordinators of a Schoolwide Dropout Prevention Program by releasing them for two periods from their regular counseling responsibilities. This would allow them to continue their head counselor responsibilities as well as retain some of their regular counselees. Part-time counselors would be hired for the released periods. (3 Head Counselors released 2 periods per day = $45,000) 2. Provide time for the teachers, who have already been trained in the Drug Abuse Program as facilitators, to work with potential dropouts. This would include group and individual contact and supervision and assignment of peer counselors. (17 Drug Facilitators released 1 period per day = $125,000) - r,HI41 r II" 3. Provide training for a group of high school students to act as peer counselors for students in jeopardy of dropping out. In some schools, a cadre of students may already be trained and available due to the large numbers of students who have volunteered for the Drug Suppression Program. Training based on an extension of the Drug Suppression Peer Counseling Program is envisioned with an extra emphasis placed on the dropout. The five teachers at each comprehensive high school who serve as facilitators for the Drug Program would also coordinate these activities. Training would be provided by the personnel from the Drug Suppression Program with input from counselors and teachers involved in Dropout Prevention. (Estimated cost of inservice: $1,000) 4. Allow selected counselors and/or teachers to be able to work more intensively with their high risk counselees by providing funding to pay them to work 2 weeks after the close of school to counsel students individually who are in need of summer school work. In addition, they would be given the opportunity to work 2 weeks prior to the opening of school with high risk 10th, 11th, and 12th grade students as well as with incoming 9th grade students in developing a 4-year plan and providing orientation for a successful beginning. (Up to 19 counselors/teachers for 1 month = $ 68,400). Budget Depending on the level of funding agreed upon by the~City and School District, components could be deleted or decreased to fit the budget. The budget has been estimated based on a full year implementation of the program. If the program would be implemented for only one semester, the budget would be reduced accordingly. The duration of the funding over a period of time is a factor which must be considered when additional personnel are involved. The majority of the components involve mainly a reallocation of resources rather than additions of new personnel. See attached Budget components BUDGET Component 1: 3 Head Counselors released 2 .periods per day Component 2: 17 Drug Facilitators released 1 period per day Component 3: Training of Peer Counselors Component 4: 19 Counselors for 1 month each in summer TOTAL Dropout Subcommittee Members: Mike Davitt Herb Fischer Mary Jo Poindexter Janet Paule Loretta Middleton Molly Helms ex""" ,,. "s ff $45,000 125,000 1,000 68,000 $239,400 ..