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HomeMy WebLinkAbout26-Community Development 'CIOOF SAN BERNARDOO - Dept: Community Development REQUr:.JT FOR COUNCI~~~N Subject: Approval of FY 1987/1988 CDBG Agreement between City and Inland Counties Regional Center From: Kenneth J. Henderson, Director Date: June 2, 1987 Synopsis of Previous Council ection: On May 18, 1987, the Hayor and Common Council considered and approved certain FY 1987/1988 CDBG eligible programs, projects and activities. Recommended moti,on: ADOPT RESOLUTION J~N~ G.~ - Signature Contact person: Ken Henderson/Lisa Dickey Phone: 5065 Staff Report Ward: 1-7 Supporting data attached: FUNDING REQUIREMENTS: Amount: 25,000.00 Source: FY 87/88 CDBG AllocatIon Finance: Council Notes: 7&.0212 Agenda Item No 2(, ( CITe OF SAN BERNARDltI() - REQUEftl' FOR COUNCIL ACTION STAFF REPORT On Nay 1],1987, the /-'layor and Common Council conducted the CnBG Public Hearing and considered requests for flcancial assistance for the upcoming fiscal year (1987/1988). The Mayor and Common Council, subsequently, beld a worh;hop on /-'lay 18, '1987 and awanled community development fUII(ls to certRin public service, capital improvement:, fa! r housing and economic development projects. Agreements are now required to implement said projects. The attached agreement between City and Inl-arid Counties Regional Center includes a "scope of services" and "program budget" attached to the agreement as Exhibits "A" and "B", respectively. These Exhibits are incorporated by refe~ence as though fully set forth at length. Adoption of the resolution by the Mayor and Common Council would authorize and direct the Mayor to execute the agreement as described herein. Kenneth J. ,enderson Director of Community Development KJHIlab/0307 6/2/87 71-02600 . 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 ,.- 1..... ,"" '" ....,I -J REsor,UTION NllImER RESOI,UTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AJ:JD DIRECTING THE EXECUTION OF A COMMUNITY DF.VELOpr'\EWr R),OCK GR!\Wr FUNDING AGREP.!~ENT BETWEEN THE CITY OF SAl< BERNARDINO }INn INLAND COUNTIES REGIONAL CENTER. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 'rHE CH'Y 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 wi th Inland Counties Regional Center, a copy of which agreer'ent is annexed hereto as Exhibit "I" 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 $25,000.00. I HEREBY CERTIFY that the foregoing resolution was duly <'\dopted by the and Common Council of the Cit~' of San Bernardino at a meeting thereof, held on the c1il~' of , 1987, by the following vote, to wit: AYES: Council persons NAYES: ABSENT: City C1 erk F.1?/P,7 . 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 /0.. ...... --- 'I -' -..,/ ......., The foregoing resolution is hereby approved this day of , 1987. Mayor. City of San Bernardino Approved as to legal form and content: (k1",~ 1.ll~ //'j City Attorney b.i/lab/0263 ~ J') 107 . c c :) ~. ,..J 1 2 A~B~~M.~H1'. THIS AGREEMENT is entered into effective as of Jclyl , 1987, at San Bernardino, California, 3 between the CITY OF SAN BERNARDINO, a municipal corporation, 4 referred to as "City", and 5 INLAND COUNTIES REGIONAL CENTER 6 nonprofit community service organization, referred to as RSub- 7 recipient.. 8 9 10 11 , a 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 (b) Subrecipient represents that the expenditures 15 authorized by this agreement are for valid community development 16 purposes, in accordance with federal law and regulations, and 17 that all funds granted under this agreement will be used for no 18 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 RA", attached hereto and incorporated 21' into this agreement as though fully set forth herein. 22 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 monthly basis, with the total of all such reimbursements not to ~ exceed $ 25.000.00 . . c - v J -... 1 3. Term. This agreement shall commence July I, 1987 2 and terminate June 30, 1988 3 ~. Use of Funds: Budaet: Travel Limitation. 4 (a) The funds paid to Subrec1pientshall be used by 5 it solely for the purposes set forth in paragraph lIb) 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 21 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 (c) 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 ~ purpose not specifically authorized by this agreement. -z- ~ (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. 12 (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 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 ~ c c o 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 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 ~ 28 o o ~ Community Development of the City of San Bernardino, Sub recipient shall submit to the Director an accounting of the proposed and actual expenditures of all revenues from whatever source accruing to the organization for the fiscal year ending June 3, 1988. (b) Financial records shall be maintained by Sub recipient in accordance with generally accepted accounting principles, and in a manner which permits City to trace the expenditures of funds to source documentation. All books and records of Subrecipient are to be kept open for inspection at any time during the business day by the City, its officers or agents, and by any representative of the United States of America authorized to audit community development block grant programs.. (c) Standards for financial management systems and financial reporting requirements established by Attachment "F" and Attachment "G" of Office of Management and Budget Circular . No. A 110 shall be fully complied with by Subrecipient. Sub recipient acknowledges that the funds provided are federal funds. (d) Subrecipient's financial management system shall provide for accurate, current and complete disclosure of the financial results of each program sponsored by this agreement. It is the responsibility of Subrecipient to adequately safeguard all assets of the program, and Sub recipient shall assure that they are used solely for authorized purposes. (e) In addition to the foregoing, Subrecipient shall at its own expense have the City-funded portion of its program -4- 000 ~ 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 Reportinq Proqram 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 "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. Subrecipient 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 25 26 Circular No. A-l02, Subrecipient shall maintain a,code or 27 standards of conduct which shall govern the performance of its ~ officers, employees or agents in contracting with and expending and Budget Circular No. A-l02, "Procurement Standards". In addition to the specific requirements of Attachment "0. to -~ 0 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 ,,,,,", V o :) the federal grant funds made available to Subrecipient under this agreement. Subrecipient's officers, employees or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or potential contractors. To the extent permissable by State law rules, and regulations, the standards adopted by Subrecipient shall provide for penalties, sanctions or other disciplinary actions to be applied for violations of such standards by either the Subrecipient's officers, employees or agents, or by contractors or their agents. Subrecipient shall provide a copy of the code or standards adopted to City forthwith. All procurement transactions without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or,non-competitive practices among contractors which may restrict or eliminate competition or otherwise restrain trade. Sub recipient 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 Ooportunity. 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, 27 Part 3). This act provides that each contractor or subgrantee ~ shall be prohibited from inducing, by any means, any person -6- o ~ o 0 employed in the construction, completion or repair of public work, to give up any part of the compensation to which he is otherwise entitled. Subrecipient shall report all suspected or reported violations to City. All contracts in excess of $10,000.00 entered into by Sub recipient using funds provided 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. Prevailinq Waqe 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. Subrecipient shall report all suspected 22 or reported violations to City. 23 10. Aooroval of City of any Charqes: Use of Proqram 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 Sub recipient for services provided under this 27 agreement, and of any rules and regulations governing the ~ .. f . h d P . provlslon 0 serVlces ereun er. rogram lncome represents 1 2 3 4 5 -7- . c o o :) 1 gross income earned by the Subrecipient 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. Temoorary 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. ~ 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 ~ minimum, and in the event of litigation, claim or audit, the -8- C 1 2 3 4 5 6 7 8 9 10 11 12 o o :) 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 Manaaement 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 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 "N" of 16 Office of Management and Budget Circular No. A-l02, "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 shan 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 ~ Mayor and Common Council at the time at which the Mayor and '-9-" c o o ~ 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 p~omptly 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 -10- c o o .:) agreement and all operations 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 5 agents of City. In the event of any termination, subrecipient 6 7 any and all documentation needed by the Community Development 8 9 shall forthwith provide to the Community Development Department Department to establish a full record of all monies received by subrecipient and to document the uses of same. 10 11 12 the part of either party to enforce any provision of this 13 14 17. Amendment. This agreement may be amended or modified only by written agreement signed by both parties, and failure on agreement shall not be construed as a waiver of the right to compel enforcement of any provision or provisions. 15 18. Assianment. This agreement shall not be assigned by 16 Subrecipient without the prior written consent of City. 17 18 19. Notices. All notices herein required shall be in writing and delivered in person or sent certified mail, postage 19 20 21 22 23 ~ 25 26 prepaid, addressed as follows: As to City: As to Bubrecipient: Director Community Development Dept. City of San Bernardino City Hall, Fifth Floor 300 North "D" Street San Bernardino, Calif. 92418 Inland Counties Regional Center P.O. Box 6127 San Bernardino, CA 92412 20. Evidence of Authoritv. Sub recipient shall provide to 27 City evidence in the form of a certified copy of minutes of the ~ governing body of Subrecipient, or other adequate proof, that -11- . ~ o o .:) 1 2 3 4 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. 6 7 ATTEST: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 CITY OF SAN BERNARDINO City Clerk BY: Mayor, of the City of San Bernardino SUBRECIPIENT: By: President BY: Secretary Approved as to form and legal content except for Exhibits and ~B" ,(which were not !'lubmi tted for review): itA" KJH/lb 0068 June, 1987 24 25 26 27 ~ -12- . / -- o o r-, . D'\rn@[gD'Wfg ~ J.W 2 - I98T U .:) F.I.N.D. AT-RISK INF~~ PROJECT FOR PREVENTION OF CHILD ABUSE/NEGLECT IN SAN BERNARDINO CITY Scope of Services To administer the Child Abuse Prevention Project, Regional Center will assign pri- mary responsibility to the Prevention Services Coordinator. The coordinator will attend weekly discharge planning sessions at the three major hospital nurseries in our area, which are Loma Linda University Medical Center, San Bernardino County Medical Center, and Kaiser Hospital. At these sessions, she will discuss and screen referrals of at-risk infants to be accepted for services in this project. Once the infant is accepted for service, the F.I.N.D. counselors will begin the home visita- tions. Each counselor will have a case10ad of 60 infants to visit throughout the year. These counselors will be a Pediatric Nurse Associate, and a Master Social Worker with bilingual capabilities. Infants will be seen weekly, monthly, or on as-needed basis and will be followed to their first birthday, or longer if their developmental status is questionable. The major components of the program will be quarterly developmental monitoring, assess- ment of parent-infant bonding, instruction in infant activities to stimulate develop- ment, coordination of medical services and parenting education relative to the infant's specific needs. The developmental monitoring will be accomplished by assessments such as the Denver Developmental Screening Test, the Reel Language Evaluation Test, and the Bayley Scales of Infant Development. Assessment of parent-infant bonding is carried out through the use of the Harrison and the NCAST behavioral screening tests. Developmental activities are planned according to developmental stages and the infant's ability. The Koontz Manual and the HELP project materials are frequently used to pro- mote these strategies. The counselors are very knowledgeable about the medical needs of the high-risk infants and the referring hospital nurseries share the infants' medical histories and current medical status with the program staff. Counselors make visits to the medical spe- cialists with the families and interpret when necessary. We also share our written assessments with the referring hospitals and/or community physicians. Parent education is an integral ongoing component of each family contact and is accomplished through discussion, written materials and role modeling. While the high-risk infant is the primary focus of attention, the whole family is evaluated for service needs and crisis counseling, advocacy and referral are also necessary elements in our service delivery system. The infants are evaluated for overall developmental progress and need for further service at one year of age. Once their level of need is determined, they will be released as normal, continue in the high risk program for additional monitoring, or moved to a higher level of care which exists within other programs of our agency. The overall design of our program is that of highly trained professionals delivering a specific "hands on" service. Therefore, the'use of the funds requested from the Community Development Block Grant is solely for salaries paid to these individuals. EXHIlllT uA" . t -..I SALARY Patti Hodge Mary Nava Fringe - 19.8% TRAVEL ($168,818 199x2) TELEPHONE ($126,059 199x2) SUPERVISION ($42,729 11x2) Fringe - 19.8% CLERICAL ($18,094 3x2) Fringe - 19.8% o o SAN BERNARDINO CITY GRANT FY 87/88 PROPOSAL 35,303.00 32,020.00 67,323.00 13,330.00 80,653.00 1,697.00 1,267.00 9,307.00 14,451.00 107,375.00 EXH/~/T t3 :) 7,769.00 1,538.00 12,063.00 2,388.00 . c """ ~...I o J III. BUDGET PROPOSAL Applicant Requested It ems Total Cos t MatchinK Funds Grant Support Two Counselor Positions $80,653 $55,653 $25,000 Travel, Office Costs 1,697 1,697 0 Telephone Expenses 1,267 1,267 0 Supervision 9,307 9,307 0 Clerical Support 14,451 14,451 0 TOTAL $107,375 $82,375 $25,000 Percent 100% 76.7% 23.3% Inland Regional Center will pay 76.7% of the cost of the program. The project cost per infant per year is only $500.00 per infant. This amount is many times less than the cost to provide services to an abused infant, Who may then require additional services if he/she is further developmentally disabled due to abuse. The actual cost per infant is someWhat higher than the Project cost, since Regional Center is contributing a substantial amount in "in-kind" services including travel, space, supervision, communication, utilities, etc.