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From:
CI~ OF SAN BERNARD()) - REQUQT FOR COUNCIL AC:>ON
Approval of FY 1987/1988 CDBG;1'r "..
Agr eement between City and
San Bernardino Valley College
(Senior Impact Program)
Kenneth J. Henderson, Director
Subject:
Dept:
Community Development
Date: June Z, 1987
Synopsis of Previous Council ection:
On May 18,1987, the Mayor and Common COuncil considered and approved certain
FY 1987/1988 CDBG eligible programs, projects and activities.
Recommended moti.on:
ADOPT RESOLUTION
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Contact person: Ken Henderson/Lisa Dickey
Phone:
5065
Supporting data attached: Staff Report
Ward:
1-7
FUNDING REQUIREMENTS:
Amount: $lZ,500.00
Source:
FY 87/88 CDBG
Allocation
Finance:
Council Notll:
7$-0262
Agenda Item No I ~
CITe OF SAN BERNARDI~ - REQUE':T FOR COUNCIL AC'T"'9N
STAFF REPORT
On I~ay 11, 1987, the Nayor and Common Council comlucted the
CDBG Public Hearing and considered requests for financial
assistance for the upcoming fiscal year 11987/1988). The
llayor and Common Council, subsequently, held a workshop on
Nay 18, '1987 and awarded community development funds to
certain public service, capital improvement, fair housing and
economic development projects. Agreements are now required
to implement said projects.
The attached agreement behleen City and San~1iernal'dino Valley
College i.ncludes a "scope of services" and "program budget"
attached to the agreement as Exhibits "A" and "B",
respectively. These Exhibits are incorporated by reference
as though fully set forth at length.
Adoption of the resolution by the !layor and Common Council
would authorize and direct the Mayor to execute the agreement
as described herein.
~ ~:n~~~
Director of Communit,y Development
KJH/lab/0307
6/2/87
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RESOLUTION NUMBER
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING .lI.1'D
DIRECTING THE EXECUTIOtJ OF A CO~IMUNITY DEVELOP~IENT BLOCK GRANT
FUNDING AGREEI1ENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN
BERNARDINO VALLEY COLLEGE (SENIOR INPACT PROGRAM) .
BE IT RESOLVED BY THE HAYOR AND COMI.lQN COUNCIL OF THE CITY
OJ,' SAN B;;RNARDINO 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 San Bernardino Valley College (Senior I11lpact prograr~), il
CODY of which agreement! s annexed hereto <'H: Exhibit "In c,nd is
incorporatea 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
$12,500.00.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the and Common Council of the City of San Bern;ndino
at a
meeting thereof, held on the
day of
, 1987, by the following vote, to wit:
AYES,
CounciJpersons
NAYES:
ABSENT:
City Clerk
6/2/'(.7
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The foregoing resolution is hereby approved this
(Jay of , 1987.
Mayor, City of San Bernardino
Approved as to legal form
and content:
G -,L
City Attorney
/lab/0263
6/2/87
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THIS AGREEMENT is entered into effective as of
Julv 1
, 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 Sub recipient agree as follows:
L 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) Sub recipient represents that the expenditures
15 authorized by this agreement are for valid community development
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purposes, in accordance with federal law and regulations, and
17 that all funds granted under this agreement will be used for no
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purpose other than those purposes specifically authorized.
The
19 specific purposes and scope of services of this particular grant
20 are set forth in Exhibit .Aft, attached hereto and incorporated
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into this agreement as though fully set forth herein.
2.
Pavments.
City shall reimburse Sub recipient for
allowable costs incurred under the scope of this agreement and
applicable Federal regulations, which have not been paid for or
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reimbursed in any other manner by any other Agency or private
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source of funding. Reimbursement will be made at least on a
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monthly basis, with the total of all such reimbursements not to
28 exceed $ 12.,500.00
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3.
Term.
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This agreement shall commence
June 30, 1988
July I, 1987
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2 and terminate
4,. Use of Funds: Budaet: Travel Limitation.
(a)
The funds paid to Sub recipient shall be used by
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(d) Only net payroll shall be periodically reimbursed
1 by City as an allowable cost. Any amounts withheld by
2 Subrecipient from an employee's pay for taxes, social security,
3 or other withholding and not immediately paid over to another
4 entity, shall not be included as wages or expenses eligible for
5 reimbursement as an allowable cost until such time as the
6 withheld taxes, social security, or other withholdings are
7 actually paid over to another entity entitled to such payment.
8 Upon such payment and the submission of evidence of such payment
9 to the City of San Bernardino Community Development Department,
10 such expenses shall be regarded as an allowable cost, and the
11 City shall reimburse Subrecipient for such obligation.
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(e) A variation in the itemization of costs, as set
13 forth in the proposed budget submitted to City, not to exceed
14 ten percent (10%) as to any particular line item, shall be
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within the time period covered by this agreement, and
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except as may be authorized to meet commitments made for
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and at such other times as may be requested by the Director of
allowed, provided 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
entitlement to any funds not used shall revert to the city. No
reserve for the future shall be established with the funds
services provided during the period of this agreement, but not
yet paid for at the conclusion of this agreement.
5.
Accountinq: Audit.
(a)
Prior to the final payment under this agreement,
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1 Community Development of the City of San Bernardino,
2 Sub recipient shall submit to the Director an accounting of the
3 proposed and actual expenditures of all revenues from whatever
4 source accruing to the organization for the fiscal year ending
5 June 3, 1988.
6 (b) Financial records shall be maintained by
7 Subrecipient in accordance with generally accepted accounting
8 principles, and in a manner which permits City to trace the
9 expenditures of funds to source documentation. All books and
10 records of Subrecipient are to be kept open for inspection at
11 any time during the business day by the City, its officers or
12 agents, and by any representative of the United States of
13 America authorized to audit community development block grant
14 programs..
15 (c) Standards for financial management systems and
16 financial reporting requirements established by Attachment "F"
17 and Attachment "q" 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.
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21 (d) Subrecipient's financial management system shall
22 provide for accurate, current and complete disclosure of the
23 financial results of each program sponsored by this agreement.
24 It is the responsibility of Subrecipient to adequately safeguard
25 all assets of the program, and Subrecipient shall assure that
26 they are used solely for authorized purposes.
27 (e) In addition to the foregoing, Subrecipient shall
28 at its own expense have the City-funded portion of its program
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audited annually, and provide to City a copy of the audit report
1 within sixty (60) days after receipt of the report by
2 Subrecipient. Such audit must be performed by a Certified
3 Public Accountant or some other independent auditor approved in
4 advance by the City's Director of the Community Development.
5 6. Services Available to Residents: Monitorina and
6 Reoortina proaram Performance. The services of Subrecipient
7 shall be made available to residents and inhabitants of the City
8 of San Bernardino unless otherwise noted in Exhibit ftAft. No
9 person shall be denied service because of race, color, national
10 origin, creed, sex, martial status, or physical handicap.
11 Subrecipient shall comply with Affirmative Action guidelines in
12 its employment practices. Sub recipient shall also monitor the
13 program's activities and submit written reports quarterly, or
14 more often if requested, to the Director of Community
15 Development of the City of San Bernardino, in accordance with
16 Attachment ftHft, Office of Management and Budget Circular No. A
17 110. Failure to provide such quarterly performance reports may
18 prevent the processing by City of Sub recipient's requests for
19 reimbursement, and may justify temporary withholding as provided
20 for in Paragraph 11 hereof.
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7.
Procurement Practices: Conflict of Interest.
Sub recipient shall comply with procurement procedures and
guidelines established by Attachment ftOft to Office of Management
and Budget Circular No. A-l02, ftprocurement Standardsft. In
addition to the specific requirements of Attachment ftOW to
Circular No. A-l02, 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
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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 permissab1e 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 Emplovment
Opportunity. All contracts 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 CFR,
Part 3). This act provides that each contractor or subgrantee
shall be prohibited from inducing, by any means, any person
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employed in the
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construct on, comp etlon or
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repair of public
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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
6 compliance with Equal Employment Opportunity provisions
7 established by Executive Order 111246 as amended.
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9 contracts awarded by Subrecipient using funds provided under
9.
Prevai1inQ WaQe Requirement.
Any construction
10 this agreement in excess of $2,000.00 shall include a provision
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for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a
7) and as supplemented by Department of Labor Regulations
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(29CFR) .
Under this Act, contractors shall be required to pay
14 wages to laborers and mechanics at a rate not less than the
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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
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the wage determination.
Sub recipient shall report all suspected
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Use of PrOQram
10.
Approval of Citv of anv CharQes:
Income.
City reserves the right to require Subrecipient to
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obtain the prior written approval of City of any charges or fees
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to be charged by Subrecipient for services provided under this
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agreement, and of any rules and regulations governing the
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provision of services hereunder.
Program income represents
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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, 1988). Interest earned on funds advanced
under the agreement shall be paid to the City.
11. TemDorarv Withholdinq. The Director of the Community
Development of the City of San Bernardino is authorized to
temporarily withhold the payment of funds to Subrecipients 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. Subrecipient
shall have the right to appeal the decision of the Director to
the Mayor and Common Council. The sole grounds for such appeal
shall be that no violation of the agreement has occurred.
Subrecipient shall file such appeal within fifteen (15) days
after such first withholding. The Mayor and Common Council
shall set a date for the hearing of such appeal which is within
thirty (30) days following the date of filing.
12. Records Retention. Financial records, supporting
25 documents, statistical records, and all other records pertaining
26 to the use of the funds provided under this agreement shall be
27 retained by Subrecipient for a period of three (3) years, at a
28 minimum, and in the event of litigation, claim or audit, the
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records shall be retained until all litigation,
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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. Prooertv 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-l02, "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 Sub recipient 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
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Common Council are to consider such recommended termination, and
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2 shall be given a reasonable opportunity to show cause why, if
3 any exists, the agreement should not be terminated for cause.
4 Upon determination by the Mayor and Common Council that the
5 contract should be terminated for cause, notice thereof,
6 including reasons for the determination, shall promptly be
7 mailed to the Subrecipient, together with information as to the
8 effective date of the termination. Such notice may be given
9 orally at that hearing. The determination of the Mayor and
10 Common Council as to cause shall be final.
11 15. Termination for Convenience. City or Subrecipient may
12 terminate this agreement in whole or in part provided both
13 parties agree that the continuation of the project would not
14 produce beneficial results commensurate with further expenditure
15 of funds. In such event, the parties shall agree upon the
16 termination conditions, including the effective date and, in the
17 case of partial terminations, the portion to be terminated. The
18 Sub recipient shall not incur new obligations for the terminated
19 portion after the effective date and shall cancel as many
20 outstanding obligations as possible. City shall allow
21 Subrecipient full credit for the City's share of the non
22 cancellable obligations properly incurred by the. Subrecipient
23 prior to termination.
24 16. Hold Harmless. . Subrecipient agrees to indemnify and
25 save harmless the City and its employees and agents from all
26 liabilities and charges, expenses (including counsel fees),
27 sui~s or losses, however occurring, or damages, arising or
28 growing out of the use of or receipt of funds paid under this
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agreement and all
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operations
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under this agreement.
payments
1 under this agreement are made with the understanding that the
2 City is not involved in the performance of services or other
3 activities of the Subrecipient. Subrecipient and its employees
4 and agents are independent contractors and not employees or
In the event of any termination, subrecipient
5 agents of City.
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9 subrecipient and to document the uses of same.
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shall forthwith provide to the Community Development Department
7 any and all documentation needed by the Community Development
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Department to establish a full record of all monies received by
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.
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18. Assianment. This agreement shall not be assigned by
16 Subrecipient without the prior written consent of City.
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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:
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Director
Community Development Dept.
City of San Bernardino
City Ball, Fifth Floor
300 North "D" Street
San Bernardino, Calif. 92418
San Bernardino Vallev College
(Senior Impact Program)
701 S. Mt. Vernon
San Bernardino, CA 92401
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27 City evidence in the form of a certified copy of minutes of the
20.
Evidence of Authoritv.
Subrecipient shall provide to
28 governing body of Subrecipient, or other adequate proof, that
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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
5 agreement on the day and year first hereinabove written.
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7 ATTEST:
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CITY OF SAN BERNARDINO
City Clerk
BY:
Mayor, of the City of
San Bernardino
SUBRECIPIENT:
By:
President
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BY:
Secretary
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Approved as to form andleqal content except for Exhibits "A"
17 and ~B. ,(which were not Rubmitted for review):
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21 KJH/lb
0068
22 June, 1987
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Senior Impact Program - Project Narrative
Stotus os a "Senior CitIzen," 0 person age " or above. transcends all cultural. ethnic. and economic
boundaries. ,The 1980 Census listed 25,1'9 residents of Son Bernardino, fully 211 of the population of
the City, os beionging to this group. Projections based upon demographic trends that are alreedy
apparent indicate thet this segment of the population will continue to grow in proportion to all
other subgroups.
Ther. or. several generalized conditions that affect the quality of life available to SenIor Citizens.
The earning potential of Senior Citizans 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 car., and the ability to access car. providers, becomes an increasing
concern, A demonstrated trend among Seniors is that they tend to chenge 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 semefaellity. The .ajorlty 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-far-profit, have a vested interest in serving Seniors; their funding is
dependent upon the number of clients they serve. The needs of the Senior community ere 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 und,erstand,
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, ~nd often fears about entering into new (end 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 en 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 on organizetion 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 os 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 core 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.
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EXHIBIT "A"
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SENIOR IMPACT PROGRAM
Personnel Services Budget
Employees:
Dorothy L. Gates, Director of Program
Thelma Knea (San Bernardino Valley College
Foundation). Part-time secretary fcr 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.
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Salaries
$6,000
2,000
2,000