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HomeMy WebLinkAbout19-Community Development - CI'W OF SAN BERNARDCo - REQUOT FOR COUNCILAc~JON ,-r; r, From: Kenneth J. Henderson, Director Subject: Approval of FY 1987/1988 CDBG ~eement between City and Dept: Community Development Teddy Bear Tymes Date: June 2, 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 k G. &.~ Signature Contact person: Ken Henderson/Lisa Dickey Phone: 5065 Supporting data attached: Staff Report Ward: 1-7 FUNDING REQUIREMENTS: Amount: 17,321.00 Source: FY 87/88 CDBG Allocation Finance: Council Notes: 7S.0262 Agenda Item No 'f, / ' CITe OF SAN BERNARDltlO - REQUE!lT FOR COUNCIL Ac'T.I()N 15.02" STAFF REPORT On ~\ay 11, 1987, the Mayor and Common Council conducted the CDBG Public Hearing and considered requests for financial assistance for the upcoming fiscal year (19R7/1988). The Mayor and Common Council, subsequently, held a workshop on May 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 between Cit~' and Tedlfy' Bear Tymes includes 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 Mayor and Common Council would authorize and direct the !-layor to execute the agreement as described herein. -.. Kenneth J. Henderson Director of Community Development KJH/lab/0307 6/2/87 c 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 c -. - ...-... , . , " RESOLUTION NUMBER RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZIHG }\N!) DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TEDDY BEAR TYMES CHILD CARE CENTER, INC. 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 Teddy Bear Tymes Child Care Center, Inc., 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 $17,321. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the and Common Council of the City of San Bernardino at a meeting thereof, held on the , - aay or , 1987, by the fOllowing vote, to wit: AYES: Councilpersons NAYES, ABSENT~ Cit.y Clerk 6/2/87 c 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 foregoing resolution is hereby approved this day of , 1987. Mayor, City of San Bernardino Approved as to legal form and cont.ent: .~.-.-.... Attorney 6/2/87 C 1 2 3 4 5 6 7 8 9 10 o -J ~~B~~M~HI :) THIS AGREEMENT is entered into effective as of July 1 , 1987, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and TEDDY BEAR TYMES CHILD CARE, INC. , a nonprofit community service organization, referred to as "Sub- recipient". 11 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 12 a community development block grant from the United States of 13 America to City. 14 15 authorized by this agreement are for valid community development 16 (bl Sub recipient represents that the expenditures purposes, in accordance with federal law and regulations, and 17 that all funds granted under this agreement will be used for no 18 19 20 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 21 22 into this agreement as though fully set forth herein. 2. Payments. City shall reimburse Subrecipient for 23 allowable costs incurred under the scope of this agreement and 24 applicable Federal regulations, which have not been paid for or 25 reimbursed in any other manner by any other Agency or private 26 source of funding. Reimbursement will be made at least on a 27 28 monthly basis, with the total of all such reimbursements not to exceed $ 17,321.00 . c o .) :) 1 3. Term. This agreement shall commence Julv 1. 1987 2 and terminate June 30. 1988 . 3 4.. Use of Funds: Budaet: Travel Limitation. 4 (al The funds paid to Subrecipient shall be used by 5 it solely for the purposes set forth in Paragraph l(bl of this 6 agreement, and in accordance with the program budget submitted 7 by Subrecipient to the City of San Bernardino Community 8 Development Department, a copy of which is attached to this 9 agreement as Exhibit "B". This budget shall list all sources of 10 funding for the program covered by this agreement, whether from 11 State, Federal, local or private sources, and shall identify 12 which sources are paying for which specific portions of the 13 program, by line-item, to the extent practicable. 14 (b) No travel expenses for out-of-state travel shall 15 be included in this program unless specifically listed in the 16 budget as submitted and approved, and all travel expenses to be 17 funded from funds provided hereunder shall be specifically 18 identified as travel expense, which shall be negotiated between 19 the City of San Bernardino Community Development Department and 20 Subrecipient in the budget. Any travel expenses incurred by 2] Subrecipient above the budgeted amount or for out-of-state 22 travel shall not be eligible for reimbursement unless the prior 23 written approval of the Director of Community Development of the 24 City of San Bernardino, or designee, has been obtained. 25 (cl Funds shall be used for purposes authorized by 26 the community development block grant program only, and no 27 portion of the funds granted hereby shall be used for any 28 purpose not specifically authorized by this agreement. -~- - o j (d) Only net payroll sha};)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. 12 (e) A variation in the itemization of costs, as set 13 14 c forth in the proposed budget submitted to City, not to exceed ten percent (10\) as to any particular line item, shall be 15 allowed, provided the prior written approval of the Director of 16 Community Development of the City of San Bernardino is obtained, 17 it being understood that the total amount of the grant shall not 18 be varied thereby. 19 (f) The parties intend that grant funds be utilized 20 within the time period covered by this agreement, and 21 entitlement to any funds not used shall revert to the City. No 22 reserve for the future shall be established with the funds 23 24 25 26 27 28 except as may be authorized to meet commitments made for 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, and at such other times as may be requested by the Director of -3- c o o , :) 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 18 No. A 110 shall be fully complied with by Subrecipient. 19 Subrecipient acknowledges that the funds provided are federal 20 funds. 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 ~ c o o ) ,) 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 ReDortina Proaram Performance. The services of Sub recipient 7 shall be made available to residents and inhabitants of the City 8 of San Bernardino unless otherwise noted in Exhibit .A.. 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 .H., 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. 21 7. Procurement Practices: Conflict of Interest. 22 Subrecipient shall comply with procurement procedures and 23 guidelines established by Attachment .0. to Office of Management 24 and Budget Circular No. A-102, "Procurement Standards.. In 25 addition to the specific requirements of Attachment .0. to 26 Circular No. A-102, Subrecipient shall maintain a,code or 27 standards of conduct which shall govern the performance of its 28 ff. 1 ... h o leers, emp oyees or agents ln contractlng Wlt and expending -5- c o o \ " ) 1 the federal grant funds made available to Sub recipient under 2 this agreement. Subrecipient's officers, employees or agents 3 shall neither solicit nor accept gratuities, favors, or anything 4 of monetary value from contractors or potential contractors. To 5 the extent permissable by State law rules, and regulations, the 6 standards adopted by Subrecipient shall provide for penalties, 7 sanctions or other disciplinary actions to be applied for 8 violations of such standards by either the Subrecipient's 9 officers, employees or agents, or by contractors or their 10 agents. Sub recipient shall provide a copy of the code or 11 standards adopted to City forthwith. All procurement 12 transactions without regard to dollar value shall be conducted 13 in a manner so as to provide maximum open and free competition. 14 The Subrecipient shall be alert to organizational conflicts of 15 interest or non-competitive practices among contractors which 16 may restrict or eliminate competition or otherwise restrain 17 trade. Subrecipient agrees to adhere to conflict of interest 18 provisions set forth in 24 CFRSection 570.611 and to the 19 procurement rules specified in Office of Management and Budget 20 Circular No. A 102 Attachment "0" in its expenditure of all 21 funds received under this agreement. 22 8. Anti-Kick Back Provisions: Eaual Emplovment 23 Opportunity. All contracts for construction or repair using 24 funds provided under this agreement shall include a provision 25 for compliance with the Copeland "Anti-Kick Back" Act (18.U.S.C. 26 874) as supplemented in Department of Labor Regulations (29 CFR, 27 Part 3). This act provides that each contractor or subgrantee 28 shall be prohibited from inducing, by any means, any person -6- c ~ ) o . 1 0 . f bl' employed in the constructlon, comp etlon or repalr 0 pu lC 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 5 under this agreement shall contain a provision requiring 6 compliance with Equal Employment Opportunity provisions 7 established by Executive Order .11246 as amended. 8 9. prevailino Waoe Requirement. Any construction 9 contracts awarded by Subrecipient using funds provided under 10 this agreement in excess of $2,000.00 shall include a provision 11 for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a 12 7) and as supplemented by Department of Labor Regulations 13 (29CFR). Under this Act, contractors shall be required to pay 14 wages to laborers and mechanics at a rate not less than the 15 minimum wages specified in a wage determination made by the 16 Secretary of Labor. In addition, contractors shall be required 17 to pay wages not less often than once a week. Subrecipient 18 shall place a copy of the current prevailing wage determination 19 issued by the Department of Labor in each solicitation and the 20 award of a contract shall be conditioned upon the acceptance of 21 the wage determination. Sub recipient shall report all suspected 22 or reported violations to City. 23 10. Aooroval of citv of any Charoes: Use of prooram 24 Income. City reserves the right to require Subrecipient to 25 obtain the prior written approval of City of any charges or fees 26 to be charged by Subrecipient for services provided under this 27 agreement, and of any rules and regulations governing the 28 .. f . h d p' t provlslon 0 serVlces ereun er. rogram lncome represen s 1 2 3 4 -7- c o o J 1 gross income earned by the Sub recipient from the federally 2 supported activities. Such earnings exclude interest earned on 3 advances and may include, but will not be limited to, income 4 from service fees, sale of commodities, usage and rental fees. 5 These funds shall be used first for eligible program activities, 6 before requests for reimbursement, or shall be remitted to the 7 City. Subrecipient shall remit all unspent program income to 8 the City within thirty (30) days subsequent to the end of the 9 program year (June 30, 1988). Interest earned on funds advanced 10 under the agreement shall be paid to the City. 11 11. TemDorarv WithholdinQ. The Director of the Community 12 Development of the City of San Bernardino is authorized to 13 temporarily withhold the payment of funds to Subrecipients when 14 the Director determines that any violation of this agreement has 15 occurred. Funds shall be withheld until the violation is 16 corrected to the satisfaction of the Director. Subrecipient 17 shall have the right to appeal the decision of the Director to 18 the Mayor and Common Council. The sole grounds for such appeal 19 shall be that no violation of the agreement has occurred. 20 Subrecipient shall file such appeal within fifteen (15) days 21 after such first withholding. The Mayor and Common Council 22 shall set a date for the hearing of such appeal which is within 23 thirty (30) days following the date of filing. 24 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 -8- c o 0' - ..J records shall be retained until all litigation, claims and audit 1 findings involving the records, have been fully resolved. 2 Records for non-expendable property acquired with federal funds 3 provided under this agreement shall be retained for three (3) 4 years after the final disposition of such property. 5 13. Propertv Manaaement Standards. Non-expendable 6 personal property, for the purposes of this agreement, is 7 defined as tangible personal property, purchased in whole or in 8 part with federal funds, which has useful life of more than one 9 (1) year and an acquisition cost of three hundred dollars 10 ($300.00) or more per unit. Real property means land, including 11 land improvements, structures and appurtenances thereto, 12 excluding movable machinery and equipment. Non-expendable 13 personal property and real property purchased with or improved 14 by funds provided under this agreement shall be subject to the 15 property management standards specified in Attachment wNw of 16 Office of Management and Budget Circular No. A-I02, "Property 17 Management standards". 18 14. Termination for Cause. city reserves the right to 19 terminate this agreement and any and all grants and future 20 payments under this agreement in whole or in part at any time 21 before the date of completion of this agreement whenever City 22 determines that the Subrecipient has failed to comply with the 23 conditions of this agreement. In the event City seeks to 24 terminate this agreement for cause, City shall promptly notify 25 the Subrecipient in writing of the proposed termination and the 26 reasons therefore, together with the proposed effective date. 27 Subrecipient shall be given an opportunity to appear before the 28 d i . Mayor an Common Counc 1 at the tlme at which the Mayor and '-9-" - . c o o J Common Council are to consider such recommended termination, and 1 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 Subrecipient 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 -10- c o o J 1 agreement and all operations under this agreement. payments 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 5 6 7 8 9 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. 10 11 only by written agreement signed by both parties, and failure on 12 17. Amendment. This agreement may be amended or modified the part of either party to enforce any provision of this 13 agreement shall not be construed as a waiver of the right to 14 compel enforcement of any provision or provisions. 15 16 17 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 18 writing and delivered in person or sent certified mail, postage 19 prepaid, addressed as follows: 20 21 22 23 24 25 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 Teddy Bear Tymes Child Care, Inc. 2144 Shorter Avenue San bernardino, CA 92403 20. Evidence of Authoritv. Subrecipient shall provide to 26 27 City evidence in the form of a certified copy of minutes of the 28 governing body of Subrecipient, or other adequate proof, that -11- c o i~ V all J this agreement has been approved in its detail by the 1 2 3 4 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. 6 7 ATTEST: 8 9 10 11 12 CITY OF SAN BERNARDINO BY: Mayor, of the City of San Bernardino City Clerk SUBRECIPIENT: 13 By: President 14 15 16 Approved as to fotm and.legal content except for Exhibits "A" 17 and ~B" . (which were not Rubmitted for review): 18 19 20 BY: Secretary 21 KJHllb 0068 22 June, 1987 23 24 25 26 27 28 -lZ- c EXHIBIT "A" - PROGRA~RATlVE FOR CDBOROPOSAL 1987-88 DEVELOPMENT OF TEDDY BEAR TYMES CHILD CARE CENTER J PURPOSE Teddy Bear Tymes is a non-profit, public benefit corporation formed for the purpose of establishing and operating a child care center, including but not limited to: Provide quality infant and child care in a safe, nurturing environment in which infants and children can grow and develop; provide carefully planned educational programs enriching each child's experience; consider the total development of each child which includes social, emotional, emotional, physical and intellectual needs; provide and maintain space, equipment, and staff in conformance with California State licensing requirements for child care centers; and provide in-service training opportunities for pre-school teachers and aides. The corporation's'Board of Direc- tors is comprised of representatives from the City/County/State and local community organizations. ' BACKGROUND Teddy Bear Tymes was organized by City/County/State employees to address the critical shortage of quality and affordable infant child care in San Bernardino. In searching for an appropriate child care center site, Teddy Bear Tymes met with the local YWCA. The YWCA subsequently agreed to extensively renovate approximately 10,000 square feet of its facility leasing 4,000 square feet, rent free, to Teddy Bear Tymes for a period of seven years. The YWCA building renovation project has received a commitment of approximately $152,000 from the County and City as well as pledges of donated labor from the San Bernardino/Riverside Trades Unions, the Job Corps, and the California Conservation Corps. . SCOPE Teddy Bear Tymes will provide quality and affordable infant and pre-school child care for the community of San Bernardino. The Center will give enrollment preference to families with low to moderate incomes. The corporation is currently conducting a fee survey of local child care centers providing quality care. The data obtained will be used as a guide in setting Teddy Bear Tymes fees, with the goal of providing a sliding fee scale benefiting families with low and moderate incomes. The Center will serve approximately 88 infants and children from the ages of six weeKs to five years or until the child is ready for Kindergarten. The Corporation plans to provide a variety of ~ge-appropriate learning activities for the:cent~r's chi] dren. The Center will employ one full time de greed and experienced director and 11 full time and part time pre-school teachers and aides. It will also reach into the community for "Grandparent," student, and parent volunteers. Many of these volunteers will be enrolled in the Center's in-service training program that will provide them with marketable job skills in the child care industry. GRANT REQUEST Exhibit "B" identifies a partial listing of the equipment and supplies needed' by the. Center prior to licensing. All of the items requested have been thoroughly researched and selected to provide durable and quality service at a reasonable cost. Teddy 8ear Tymes is submitting a request for $17,321 that will provide the planned child care center with required equipment and supplies not funded by other sources. Revised 6-1-87 EXHIBIT "AM c CITY OF~N BERNARDINO CD~ROGRAM TEDDY 8EA~MES CHILD CARE ~TER, INC. EQUIPMENT PROJECT PROPOSAL - FY1987-88 :J INFANT CENTER EQUIPMENT/FURNISHINGS (20 Infants) Unit Cost Quantity Total Cost Napping Cots $ 26.25 12 ea $ 315.00 High Chairs 100.00 5 ea 500.00 Changing Tables 266.66 3 ea 800.00 Safety Play Guards 400.00 2 sets 800.00 Potty Chairs 20.00 6 ea 120.00 Rocking Chairs (adult) 150.00 1 ea 150.00 Classroom Tables (toddlers) 130.00 2 ea 260.00 Classroom Chairs (toddlers) 20.00 14 ea 280.00 Cubbie Classroom and Storage Dividers 300.00 1 ea 300.00 $3,525.00 PRE-SCHOOL CENTER EQUIPMENT/FURNISHINGS (68 children) Napping Cots 26.25 68 ea 1,785.00 Classroom tables 130.00 10 ea 1,300.00 Classroom Chairs 20.00 68 ea 1,360.00 Creat i ve "Wall" Toy Sets 925.00 1 set 925.00 "Parachute," Indoor Play 87.50 2 ea 175.00 Chalkboard 180.00 2 ea 360.00 $5,905.00 OUTDOOR EQUIPMENT/FURNISHINGS 8icycles 120.00 10 ea . 1,200.00 "Tike" 8ikes - toddler 63.00 3 ea 189.00 "Funbooster" Play yard equipment 5,002.00 1 ea 5,002.00 Creative Play for up to 24 children $6,391.00 OFFICE EQUIPMENT/FURNISHINGS Copier Machine 1,500.00 1 ea 1,500.00 $1,500.00 GRAND TOTAL - 17,321.00 Revised: 6-1-87 eXf}II?I1/3