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HomeMy WebLinkAboutS4- Parks, Recreation & Community Services CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION RESOLUTION OF THE CITY OF SAN BERNARDINO From: ANNIE F. RAMOS, DIRECTOR Subject: AUTHORIZING THE DIRECTOR OF PARKS, RECREA- TION AND COMMUNITY SERVICES DEPARTMENT Dept: PRKS, RECREATION AND COMMUNITY SERVICES TO EXECUTE A CONTRACT WITH THE COUNTY OF SAN BERNARDINO TO PROVIDE THE YOUTH Date: AUGUST 21, 1996 MENTORING PROGRAM. f D U U _ U Synopsis of Previous Council action: November 21, 1994 - Council approved position of Mentor Coordinator and directed staff to find funding. December 5, 1994 - Council authorized transfer of funds to pay for Mentoring Program. April 17, 1995 - Council adopts resolution contracting Mentor Coordinator. April 1, 1996 - Council amends agreement extending contract. AUG 26`96 PM 4:05 Recommended motion: Adopt Resolution tt ' - Signature Contact person: John A. Kramer Phone: 384-5031 Supporting data attached: Staff Report, Reso & Agreement Ward: City - Wide FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: ;ouncil Notes: Continued to '5-0262 Agenda Item No. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE A CONTRACT WITH THE COUNTY OF SAN BERNARDINO TO PROVIDE THE YOUTH MENTORING PROGRAM. The Mentoring Program was established in April of 1995 as a project of the Mayor' s Youth Task Force. The initial funding came from the City and the San Bernardino City Unified School District as a partnership to provide both mentoring and the Late Night Hoops Program. The Youth Task Force submitted a proposal for C.D.B.G. funding to the County of San Bernardino in order to continue the Mentoring Program. The funding in the amount of $19,500 will cover six additional months of the program. The Youth Task Force has submitted a proposal for City C.D.B.G. supplemental funding to cover the subsequent six months. Entering its second year, the Mentoring Program has had great success. Mentors have been established at every middle school in the district and current recruit- ments are expected to double the number of mentors from 40 to 80 this year. Justification for Supplemental Agenda The contract covers the six month period of September 1, 1996 through February 28, 1997. JAK:u 8/26/96 -s•ozea 1 RESOLUTION NO . 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE A 3 CONTRACT WITH COUNTY OF SAN BERNARDINO TO PROVIDE THE YOUTH MENTORING PROGRAM. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 5 BERNARDINO AS FOLLOWS: 6 SECTION 1. The Director of Parks, Recreation and Community Services 7 Department of the City of San Bernardino is hereby authorized and directed 8 to execute a. contract with the County of San Bernardino to provide the Youth 9 Mentoring Program. A copy of said contract is attached hereto, marked 10 Exhibit "A" and incorporated herein by reference as fully as though set 11 forth at length. 12 SECTION 2. The authorization granted hereunder shall expire and be 13 void and of no further effect if the agreement is not executed by both 14 parties and returned to the Office of the City Clerk within sixty (60) days 15 following the effective date of the resolution. 16 I HEREBY CERTIFY that the foregoing resolution was duly adopted by 17 the Mayor and Common Council of the City of San Bernardino at a 18 meeting thereof, held on the day of , 19 1996, by the following vote to wit: 20 COUNCIL MEMBER AYES NAYS ABSTAIN ABSENT 21 NEGRETE 22 CURLIN 23 ARIAS 24 OBERHELMAN 25 DEVLIN 26 ANDERSON 27 MILLER 28 CITY CLERK 8/26/96 -1- Sy 1 RE: RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE DIRECTOR OF PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT TO EXECUTE A 2 CONTRACT WITH COUNTY OF SAN BERNARDINO TO PROVIDE THE YOUTH MENTORING PROGRAM. 3 The foregoing resolution is hereby approved this 4 day of 1996. 5 6 7 8 Tom Minor, Mayor City of San Bernardino 9 Approved as to form 10 and legal content: 11 James Penman City Attorney 12 By: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 8/26/96 -2- 28 CONTRACT This Contract is made and entered into this day of 19 , by and between the County of San Bernardino,hereinafter referred to as "COUNTY", and the City of San Bernardino Mayor's Task Force/Youth Mentoring Program, a public non-profit organization, hereinafter referred to as "MENTORING PROGRAM". WITNESSETH WHEREAS,COUNTY has entered into a contract with the United States of America through its Department of Housing and Urban Development, hereinafter referred to as "HUD", to execute the COUNTY Community Development Block Grant (CDBG) Program under the Housing and Community Development Act of 1974, as amended, hereinafter referred to as the "ACT"; and, WHEREAS, COUNTY Department of Economic and Community Development hereinafter referred to as "ECD", is authorized to act on behalf of COUNTY in administering the COUNTY CDBG program; and, WHEREAS, MENTORING PROGRAM desires to participate in the COUNTY CDBG program and is qualified by reason of experience,preparation,organization,staffing,and facilities to provide at-risk youth mentoring and related support services; and, WHEREAS,COUNTY recognizes the public benefit in providing such a program to low-and moderate-income persons. NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: 1. SCOPE OF SERVICES The MENTORING PROGRAM will establish a mentoring and support program for at-risk youth from seven (7) middle schools(see attached list)within the unincorporated areas of the Fifth Supervisorial District and the City of San Bernardino. This program will establish a Mentoring Advisory Board to include representatives from the business community, local schools, civic leaders, churches, service clubs and local colleges. The MENTORING PROGRAM will establish program partnerships between the Unified School District and volunteer members from the local community to mentor at-risk youth. The program's primary goals are to assist the at-risk youth from the targeted schools in improving their academic skills, and help the community by reducing the drop-out rate,preventing teen pregnancy,reducing juvenile delinquency,curtailing the use of illegal drugs and decreasing the gang involvement rate. A full description of the services provided under the terms of this contract is outlined in Exhibit 1 of 7; PROJECT/ACTIVITY DESCRIPTION. At least 51% of the beneficiaries of the at-risk youth in the mentoring program shall be from low-and moderate-income households. Approximately 4,775 students (72%) from the 7 middle schools' total population of 7,700 students have been identified as being eligible, based on their previous ability to meet the requirements and qualify for the federally subsidized, "Free or Reduced Cost Lunch Program". Unless specified otherwise, ECD shall have the authority to represent COUNTY regarding the terms and conditions of this Contract and the administration thereof. 1 2. TIME OF PERFORMANCE Said services of MENTORING PROGRAM are to commence September 1, 1996 and shall be completed no later than February 28, 1997. 3. COMPENSATION AND METHOD OF PAYMENT For performance of such services,COUNTY shall provide CDBG funds not to exceed nineteen thousand five hundred dollars($ 19,500). This payment shall constitute full and complete compensation for MENTORING PROGRAM services under this Contract. For the purpose of this Contract, COUNTY shall disburse compensation and monitor MENTORING PROGRAM performance in satisfying the scope of work obligations under the terms of this Contract. Disbursement of payments to MENTORING PROGRAM shall be made by monthly reimbursements, contingent upon COUNTY receipt of a monthly summary statement for each previous months' expenditures which conforms to the BUDGET SUMMARY, attached hereto as Contract Exhibit 2 of 7. Monthly expenditure reports shall be documented with "Audit Ready" supportive evidence of each expenditure and proof of payment, in accordance with HUD regulations. The monthly expenditure report submitted by MENTORING PROGRAM must list the "Other Sources"that are co-funding budget line items as stated in Exhibit 3 of 7,BUDGET JUSTIFICATION-PART I,(Supplies/Services). Reimbursements shall be limited to the total of approved properly documented expenditures. Each monthly reimbursement shall be evenly amortized over the remaining term of this contract unless otherwise approved by ECD. All requests for reimbursement must be submitted no later than 60 days after the expiration of this Contract. MENTORING PROGRAM must submit said monthly expenditure reports by the 10th calendar day of every calendar month regardless of expenditure amount. After receipt by COUNTY of each properly documented expenditure,COUNTY will draw a warrant in favor of MENTORING PROGRAM for approved expenditure amount. Expenditure reports received after the tenth(10th)calendar day of the month in which payment is requested will cause unavoidable delays in payment processing. 4. BUDGET SECTION No more than the amounts specified in the BUDGET SUMMARY, attached hereto as Contract Exhibit 2 of 7,may be spent for the separate cost categories specified in the BUDGET SUMMARY without prior written approval of COUNTY. Contract Exhibit 3 of 7,BUDGET JUSTIFICATION-PART 1,(Supplies/Services), explains the basis of valuation for each cost category shown on the BUDGET SUMMARY. 5. USE OF FUNDS Funds allocated pursuant to this Contract shall be used exclusively for costs included in MENTORING PROGRAM budget. Contract funds shall not be used as security or to guarantee payments for any non program obligations, nor as loans for non-program activities. 6. BUDGET MODIFICATIONS ECD Director or his designee may grant budget modifications to this Contract for the movement of funds within the budget categories identified in Contract Exhibit 2 of 7, BUDGET SUMMARY, when such modifications: 2 a. Do not exceed $10,000 per budget cost category; b. Are specifically requested by MENTORING PROGRAM; C. Do not alter the amount of compensation with this Contract; d. Will not change the project goals or scope of services; e. Are in the best interests of COUNTY and MENTORING PROGRAM in performing the scope of services under this Contract; and f. Related to salaries, are in accordance with applicable salary ordinances or laws. 7. CHANGES IN GRANT ALLOCATION COUNTY reserves the right to reduce the grant allocation when COUNTY fiscal monitoring indicates that MENTORING PROGRAM rate of expenditure will result in unspent funds at the end of the program year. Changes in the grant allocation will be done after consultation with MENTORING PROGRAM. Such changes shall be incorporated into this Contract by written amendments. 8. REVENUE DISCLOSURE REQUIREMENT By its execution of this Contract,MENTORING PROGRAM certifies that it has previously filed with ECD, a written statement listing all revenue received, or expected to be received, by MENTORING PROGRAM from federal, state, city or COUNTY sources, or other governmental or private agencies, and applied or expected to offset in whole or in part any of the costs incurred by MENTORING PROGRAM in conducting current or prospective projects or business activities, including, but not necessarily limited to, the project or business activity which is the subject of this Contract. Such statement shall reflect the name and a description of such project or business activity,the dollar amount of funding provided, or to be provided, by each and every agency to each such project or business activity, and the full name and address of each such agency. During the term of this Contract,MENTORING PROGRAM shall prepare and file a similar written statement each time it receives funding from any agency which is in addition to that revenue disclosed in MENTORING PROGRAM initial revenue disclosure statement hereunder. Such statement shall be filed with ECD within fifteen (15) calendar days following receipt of such additional funding. MENTORING PROGRAM shall make available for inspection and audit to COUNTY representatives, upon request, at any time during the duration of this Contract and during a period of three(3)years thereafter, all of its books and records relating to the operation by it of each project or business activity which is funded in whole or in part with governmental monies, whether or not such monies are received through COUNTY. All such books and records shall be maintained by MENTORING PROGRAM at a location in San Bernardino County. Failure of MENTORING PROGRAM to comply with the requirements of this section of the Contract shall constitute a material breach of contract upon which COUNTY may cancel, terminate,or suspend this Contract. 9. JOINT FUNDING For programs in which there are sources of funds in addition to CDBG funds,MENTORING PROGRAM shall provide proof of such funding. COUNTY shall not pay for any services provided by NIENTORING PROGRAM which are funded by other sources. All restrictions and/or requirements provided in this Contract relative to accounting, budgeting, and reporting apply to the total program regardless of funding sources. 10. PROGRAM iNCONIE Program income represents net income directly generated from the use of CDBG funds by MENTORING PROGRAM as a result of the activity funded under the terms of this Contract. When such income is generated by an activity only partially assisted with CDBG funds,the income shall be prorated to reflect the percentage 3 of CDBG funds used. MENTORING PROGRAM shall retain the use of program income by returning program income to COUNTY and requesting project budget increases for activities authorized under this Contract. Program income shall be returned to COUNTY within thirty(30) days after: a) disposition or sale of real or personal property occurs or; b) cumulative program income reaches increments of one thousand dollars ($1,000); or c) the end of each fiscal year. MENTORING PROGRAM shall include in the reports required by Paragraph 21, Program Reporting,all sources and amounts of program income on a monthly and year-to-date basis. Program income returned by COUNTY to MENTORING PROGRAM shall be spent by MENTORING PROGRAM on only those costs authorized under this Contract. All provisions of this Contract shall apply to said use of program income funds. MENTORING PROGRAM shall account for the receipt and use of program income in such a way that program income is spent on authorized activities before additional CDBG funds are spent. Any program income on-hand when this Contract expires or is received after such expiration, shall be paid to COUNTY. 11. FISCAL LIMITATIONS The United States of America through HUD may in the future place programmatic or fiscal limitation(s)on CDBG funds not presently anticipated. Accordingly, COUNTY reserves the right to revise this Contract in order to take account of actions affecting HUD program funding. In the event of funding reduction,COUNTY may reduce the budget of this Contract as a whole or as to cost category, may limit the rate of MENTORING PROGRAM authority to commit and spend funds,or may restrict MENTORING PROGRAM use of both its uncommitted and its unspent funds. Where HUD has directed or requested COUNTY to implement a reduction in funding, in whole or as to cost category, with respect to funding for this Contract, ECD may act for COUNTY in implementing and effecting such a reduction and in revising the Contract for such purpose. Where COUNTY had reasonable grounds to question the fiscal accountability, financial soundness, or compliance with this Contract of MENTORING PROGRAM,COUNTY may act to suspend the operation of this Contract for up to sixty(60)days upon three(3)days notice to MENTORING PROGRAM of its intention to so act,pending an audit or other resolution of such questions. In no event,however,shall any revision made by COUNTY affect expenditures and legally binding commitments made by MENTORING PROGRAM before it received notice of such revision,provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. 12. NONEXPENDABLE PROPERTY A record shall be maintained for each item of nonexpendable property acquired for this program with CDBG funds. This record shall be provided to COUNTY upon request. Nonexpendable property shall include tangible personal property, including but not limited to office equipment, and real property and any interest in such real property, including any mortgage or other encumbrance of real property as well as any funds derived from the sale or disposal of nonexpendable property. Any utilization of funds derived from the sale or disposition of nonexpendable property must have prior approval of COUNTY and otherwise comply with all applicable laws and regulations. Upon termination of this Contract, COUNTY reserves the right to determine the final disposition of said nonexpendable property acquired for this program with CDBG funds, including funds derived therefrom. Said disposition may include COUNTY taking possession and title of said nonexpendable property. Nonexpendable personal property means tangible personal property having a useful life of more than one(1) year and an acquisition cost of$500 or more per unit. 4 13. EXPENDABLE PERSONAL PROPERTY Expendable personal property refers to all tangible personal property other than nonexpendable personal property. All purchased expendable personal property with a unit value of$500 or more per unit must have the prior written approval of the ECD Director, or his designee. 14. PURCHASE OR LEASE OF NONEXPENDABLE PROPERTY OREQUIPMENT Upon approval by COUNTY, MENTORING PROGRAM shall obtain three documented bids prior to purchasing or leasing any nonexpendable personal property or equipment over$500 in unit value and having a life expectancy of more than one(1)year. Such property shall be properly identified and inventoried and shall be charged at its actual price deducting all cash discounts, rebates, and allowances received by MENTORING PROGRAM. This inventory shall be provided to COUNTY upon request. 15. ACQUISITION OF SUPPLIES AND EQUIPMENT MENTORfNG PROGRAM may purchase from a related agency/organization only if: (a)prior authorization is obtained in writing from COUNTY,(b)charges do not exceed the authorized amount and minimum written specifications are met, (c) a community related benefit is derived from such MENTORING PROGRAM related acquisition, and (d) no conflict of interest for private gain accrues to MENTORING PROGRAM or its employees, agents or officers. COUNTY reserves the right to disallow any purchase from any vendor of supplies,equipment,nonexpendable property or expendable property which is purchased in whole or in part with funds provided by this Contract. MENTORNG PROGRAM may seek prior approval of COUNTY for any such expenditures, and prior approval which is granted shall be binding on COUNTY unless such expenditure violates federal law or regulations or is disallowed by HUD. 16. PURCHASE AND INVOICE DEADLINES Purchase of equipment or property must be completed before the last three (3) months of the initial performance period and all equipment bills are to be paid before the last two(2) months of this period. No expendable or nonexpendable property or equipment is to be purchased during the final three(3)months of the initial performance period unless approved by COUNTY in writing. Invoices for all obligations incurred under this Contract must be submitted to ECD Fiscal Division within sixty (60) days after the initial performance period termination date or they may not be honored. Exceptions to the preceding limitations require prior written approval by ECD. 17. TRAVEL AND CONFERENCE RESTRICTIONS MENTORING PROGRAM certifies and agrees that travel and conference expenses for persons other than employees of MENTORNG PROGRAM,will not be paid by funds provided through this Contract. No travel expenses for out-of-state travel shall be included in this Contract unless specifically listed in the BUDGET SUMMARY, Contract Exhibit 2 of 7,which is attached and incorporated herein. MENTORNG PROGRAM further agrees that any travel expense incurred by MENTORING PROGRAM which is not listed in the Budget Summary shall not be paid by funds provided through this Contract unless prior written approval of ECD Director has been obtained. 5 18. USE OF FUNDS FOR ENTERTAINMENT GIFTS OR FUND RAISING ACTIVITIES %1ENTORNG PROGRA:N1 certifies and agrees that it will not use funds provided through this Contract to pay for entertainment, gifts, or fund raising activities. 19. MONITORING ECD Director or his designee will conduct periodic program monitoring reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable goals achieved, effectiveness of program management, and impact of the program. Authorized representatives of COUNTY and HUD shall have the right of access to all activities and facilities operated by MENTORING PROGRAM under this Contract. Facilities include all files, records, and other documents related to the performance of this Contract. Activities include attendance at staff,board of directors,advisory committee and advisory board meetings and observation of on-going program functions. MENTORING PROGRAM will permit on-site inspection by COUNTY,and HUD representatives,and ensure that its employees and board members furnish such information,as in the judgement of COUNTY and HUD representatives, may be relevant to the question of compliance with contractual conditions and HUD directives,or the effectiveness,legality,and achievements of the program. 20. BENEFICIARY QUALIFICATION Persons qualifying for program services on the basis of income, hereinafter referred to as BENEFICIARIES, shall have an annual household gross income equal to or less than the U.S.Department of Housing and Urban Development(HUD) Section 8 (of the United States Housing Act of 1937)Income Limits. HUD Section 8 Income Limits for the Riverside-San Bernardino RMSA,define the maximum annual household gross income for low-and moderate-income households. MENTORING PROGRAM is responsible for obtaining from COUNTY the said current applicable HUD Section 8 Income Limits for each year of the Contract term identified in Paragraph 2,Time of Performance. Under CDBG regulations,the following clientele categories are presumed to be low-and moderate-income persons and can qualify for service regardless of income: Abused Children; Battered Spouses;Elderly Persons(60 and older); Handicapped Persons;Homeless Persons; Illiterate Persons; Migrant Farm Workers. MENTORING PROGRAM shall document the household income of all BENEFICIARIES, by obtaining completed copies of the 'BENEFICIARY QUALIFICATION STATEMENT", Exhibit 5 of 7. MENTORING PROGRAM shall retain these forms for three years(3)after conclusion of this Contract. 21. PROGRAM REPORTING INIENTORNG PROGRAM agrees to prepare and submit financial, program progress, evaluations, and other reports as required by HUD or COUNTY directives. MENTORING PROGRAM shall maintain such property, personnel, financial and other records and accounts as are considered necessary by HUD or COUNTY to assure proper accounting for all Contract funds. All MENTORING PROGRAM records, with the exception of confidential client information,shall be made available to representatives of COUNTY and the appropriate federal agencies. '114ENTORING PROGRAM is required to submit data necessary to complete the Annual Grantee Performance Report in accordance with HUD regulations in the format and at the time designated by COUNTY Director of ECD or his designee. By the tenth(10th) of each month, MENTORING PROGRAM shall submit a completed PROGRAM PROGRESS REPORT, Exhibit 6 of 7, for the month being reported. MENTORING PROGRAM shall also provide the MONTHLY DIRECT BENEFIT information included on this exhibit, as necessary for completion of the Annual Grantee Performance Report. 6 22. ACCOUNTING iV1ENTORNG PROGRAM must establish and maintain on a current basis an adequate accounting system in accordance with HUD directives and generally accepted accounting principles. 23. AUDITS iVIENTORING PROGRAM is required to arrange for an independent financial/compliance audit performed within the direction of Generally Accepted Auditing Standards and Government Auditing Standards. Said audit shall be conducted for the term of this contract. When MENTORING PROGRAM receives $25,000 or more in federal funds from all funding sources within a fiscal year, the required audit must be performed in compliance with OMB Circular A-133. MENTORING PROGRAM shall submit a copy of the audit report to COUNTY within thirty (30) days of completion. Within thirty(30)days of the submittal of said audit report,MENTORING PROGRAM shall provide to COUNTY a written response to any concerns or findings identified in said audit report. The response must examine each concern or finding and explain a proposed resolution, including a schedule for correcting any deficiency. All actions to correct said conditions or findings shall be taken within six (6) months after receipt of the audit report. COUNTY,or any state or federal agency, may make additional audits or reviews, as necessary,to carry out the responsibilities of MENTORING PROGRAM under COUNTY, state or federal laws and regulations. MENTORING PROGRAM agrees to cooperate fully with all persons conducting said additional audits or reviews. COUNTY and its authorized representatives shall, at all times, have access for the purpose of audit or inspection, to any and all books, documents, papers, records, property, and premises of MENTORING PROGRAM. If indications of misappropriation or misapplication of the funds of this Contract cause COUNTY to require an additional audit,the cost of the audit will be encumbered and deducted from this Contract budget. Should COUNTY subsequently determine that the additional audit was not warranted, the amount encumbered will be restored to the Contract budget. MENTORING PROGRAM shall reimburse all misappropriation or misapplication of funds to COUNTY. In the event COUNTY uses the judicial system to recover misappropriated or misapplied funds, MENTORING PROGRAM shall reimburse COUNTY legal fees and court costs in addition to awards. 24. ASSIGNMENT This Contract is not assignable by MENTORING PROGRAM without the express written consent of COUNTY. Any attempt by MENTORING PROGRAM to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract. 25. TERMNATION AND TERMINATION COSTS This Contract may be terminated in whole or in part at any time by either party upon giving their(30) days notice in writing to the other parry. Agreement must be reached by both parties as to reasons and conditions for termination in compliance with the provisions of federal regulations at 24 CFR Part 84.6 1, Termination for Convenience. ECD is hereby empowered to give said notice subject to ratification by the COUNTY Board of Supervisors. 7 COUNTY may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in CDBG funding for the Contract activity or if for any reason the timely completion of the work under this Contract is rendered improbable, infeasible or impossible. If MENTORING PROGRAM materially fails to comply with any term of this Contract, COUNTY may take one or more of the actions provided under federal regulation at 24 CFR Part 84.62,Enforcement,which include temporarily withholding cash, disallowing non-compliant costs, wholly or partly suspending or terminating the award, withholding further awards,and other remedies that are legally available. In such event,MENTORING PROGRAM shall be compensated for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Contract that have been previously reimbursed, to the date of said termination to the extent that CDBG funds are available from HUD. 26. REVERSION OF ASSETS Upon Contract termination MENTORING PROGRAM shall transfer to COUNTY all CDBG funds on-hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. All real property acquired or improved in whole or in part with CDBG funds under this Contract must continue in the use that provides the service benefits and national objectives for which it was funded, or it must be disposed of in a manner resulting in a reimbursement to COUNTY in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to,the property. 27. TIME OF PERFORMANCE MODIFICATIONS ECD Director may grant time of performance modifications to this Contract when such modifications: a. In aggregate do not exceed twelve (12)calendar months; b. Are specifically requested by MENTORING PROGRAM; C. Will not change the project goals or scope of services; d. Are in the best interests of COUNTY and MENTORING PROGRAM in performing the scope of services under this Contract; and e. Do not alter the amount of compensation under this Contract. 28. INDEPENDENT CONTRACTOR All parties hereto in the performance of this Contract will be acting in an independent capacity and not as agents, employees, partners,joint venturers, or associates of one another. The employees or agents of one party shall not be deemed or construed to be the agent or employees of the other party for any purpose whatsoever. 29. AFFIRMATIVE ACTION AND CONTRACT COMPLIANCE MENTORING PROGRAM shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for minorities and women. In addition, MENTORNG PROGRAM shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly or as a result of this program. 8 COUNTY has a goal of 15 percent Minority Business Enterprise (MBE), 5 percent Women Business Enterprise (WBE), and 3 percent Disabled Veteran Business Enterprise(DVBE)participation in all contracts. INIENTORING PROGRAM agrees to comply with the provisions of the Affirmative Action Compliance Program of COUNTY and rules and regulations adopted pursuant thereto. MENTORING PROGRAM shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, California Public Contracts Code 2000 and COUNTY T'vI/WBE/DVBE Policy No. 11-15, as revised, and other applicable federal, state and COUNTY laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted. 30. DISCRIMINATION No person shall, on the grounds of race, sex, creed, color, religion, or national origin, be excluded from participating in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs, or employment supported by this Contract. 31. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES MENTORING PROGRAM agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Contract. Funds under this Contract will be used exclusively for performance of the work required under this Contract and no funds made available under this Contract shall be used to promote any religious or political activities. 32. CONFLICT OF INTEREST MENTORING PROGRAM, its agents and employees shall comply with all applicable federal, state and COUNTY laws and regulations governing conflict of interest. To this end, MENTORING PROGRAM will make available to its agents and employees copies of all applicable federal, state, and COUNTY laws and regulations governing conflict of interest. In particular,the following federal regulation paraphrased from 24 CFR 570-611, Conflict of Interest: Except for salaries and related administrative or personnel costs, no employees, agents consultants, officers or elected officials or appointed officials, of subrecipients which receive CDBG funds, who exercise or have exercised any CDBG functions or who are in a position to participate in a decision making process or gain inside information,may obtain a personal or financial interest or benefit from a CDBG assisted activity or any CDBG funded contract,subcontract or agreement,during their tenure or for one year thereafter. MENTORING PROGRAM shall furnish to COUNTY,prior to execution of this Contract, a written list of all current or proposed subgrantees/subcontractors,vendors or personal service providers, including subsidiaries of LENTORING PROGRAM. This list should be limited to those subgrantees/subcontractors, vendors or personal service providers, including subsidiaries of MENTORING PROGRAM, which will receive $10,000 or more during the term of this Contract. Such a list shall include the names, addresses, telephone numbers, and identification of principal party(ies), and a description of services to be provided. During the term of this Contract,'i'vIENTORING PROGRAM shall notify COUNTY in writing of any change in the list of subgrantees/ subcontractors, vendors, personal service providers or subsidiaries of MENTORING PROGRAM within fifteen (15) days of change. 9 33. HUD HOLD HARMLESS MENTORING PROGRAM shall indemnify and hold harmless COUNTY against any liability,claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities undertaken by MENTORING PROGRAM under the programs) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to MENTORING PROGRAM under this Contract were improperly expended. 34. INDEMNIFICATION MENTORING PROGRAM agrees to indemnify, defend and hold harmless COUNTY and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising from MENTORING PROGRAM acts, errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnification is prohibited by law. MENTORING PROGRAM shall promptly notify COUNTY in writing of the occurrence of any such claims, actions, losses, damages, and/or liability. 35. INSURANCE REQUIREMENTS Without in any way affecting the indemnity herein provided and in addition thereto, MENTORING PROGRAM shall secure and maintain throughout the Contract the following types of insurance with limits as shown: Workers'Compensation -A program of Worker's Compensation insurance or a State-approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of MENTORING PROGRAM and all risks to such persons under this Contract. - Comprehensive General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million dollars ($1,000,000). Errors and Omissions Liability Insurance-Combined single limits of$1,000,000 for bodily injury and property damage and $ 3,000,000 in the aggregate or Professional Liabilitv-Professional liability insurance with limits of at least$1,000,000 per claim or occurrence. Additional Named Insured - All policies, except for Workers' Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming COUNTY and its officers, employees, agents, and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. Waiver of Subrogation Rights - Except for Errors and Omissions and Professional Liability, MENTORING PROGRAM shall require the carriers of the above required coverage to waive all rights of subroc ation against COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. 10 Policies Primary and Non-Contributory - All policies required above are to be primary and non- contributory with any insurance or self-insurance programs carried or administered by COUNTY. 36. INSURANCE DOCUiViENTATION MENTORING PROGRAM shall immediately furnish certificates of insurance to ECD evidencing the insurance coverage, including endorsements,above required prior to the commencement of performance of services hereunder, which shall provide that such insurance shall not be terminated or expire without thirty (30)days written notice to ECD, and MENTORING PROGRAM shall maintain such insurance from the time MENTORING PROGRAM commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Contract, MENTORING PROGRAM shall furnish certified copies of the policies and all endorsements. iVIENTORING PROGRAM shall complete and submit Contract Exhibit 4 of 7, INSURANCE INVENTORY, along with the above required insurance documents. - 37. INSURANCE REVIEW The above insurance requirements are subject to periodic review by COUNTY. The COUNTY'S Risk Manager is authorized,but not required,to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced,or is not needed to protect the interests of COUNTY. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available,the Risk Manager is authorized, but not required,to change the above insurance requirements,to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against COUNTY, inflation, or any other item reasonably related to the COUNTY'S risk. Any such reduction or waiver for the entire term of the Contract and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Contract. MENTORING PROGRAM agrees to execute any such amendment within thirty(30)days of receipt. 38. COMPLIANCE WITH LAWS All parties agree to be bound by applicable federal, state, and local laws, ordinances, regulations, and directives as they pertain to the performance of this Contract. This Contract is subject to and incorporates the terms of the ACT; 24 Code of Federal Regulations, Part 570 and Part 84, Chapter V; and U.S. Office of Management and Budget Circulars A-122, and A-133. 39. AMENDMENTS: VARIATIONS This writing with attachments, embodies the whole of this Contract of the parties hereto. There are no oral agreements not contained herein. Except as herein provided,addition or variation of the terms of this Contract shall not be valid unless made in the form of a written amendment to this Contract formally approved and executed by both parties. 11 40. NOTICES All notices shall be served in writing. The notices shall be sent to the following addresses: County of San Bernardino City of San Bernardino Mentoring Program Department of Economic c/o Parks& Recreation Department and Community Development 547 North Sierra Way 290 North "D" Street, Sixth Floor San Bernardino, CA 92410 San Bernardino, CA 92415-0040 41. COUNTERPART EXECUTION This Contract may be executed in counterparts. When executed,each counterpart shall be deemed an original irrespective of date of execution. Said counterparts shall together constitute one and the same Contract. 12 above. IN WITNESS WHEREOF,the parties have caused this Contract to be executed as of the day and year written - COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO MENTORING PROGRAM By: By: Chairman, Board of Supervisors Director, San Bernardino City Parks & Recreation Department Dated: Dated: By: Program Coordinator Dated: SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD EARLENE SPROAT Clerk of the Board of Supervisors of the County of San Bernardino By: Dated: APPROVED AS TO LEGAL FORIv1 ALAN MARKS County Counsel By: Dated: AGNITS/96SWITY.2PT 08/20/96/AD/bjJ 13 EXHIBIT 1 of 7 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOi HC AND COVLNIUNITY DEVELOPMENT Project/Activity Title: Case Number: 350 - 22227/ 1554 Fifth District: Youth iVientoring Program - San Bernardino (City) Parks&Recreation Name/Address of Contractor Agencv: Date of Issue: City of San Bernardino Mentoring Program - San Bernardino City Parks & Recreation Department X Original: Beginning: Sept. 1, 1996 547 North Sierra Way San Bernardino, CA 92410 Amendment# PROJECT/ACTIVITY DESCRIPTION SERVICES: The MENTORING PROGRAM will establish a mentoring and support program for at-risk youth from seven (7) middle schools (see attached list)within the unincorporated areas of the Fifth Supervisorial District and the City of San Bernardino. This program will establish a Mentoring Advisory Board to include representatives from the business community, local schools,civic leaders,churches, service clubs and local colleges. The MENTORING PROGRAM will establish program partnerships between the Unified School District and volunteer members from the local community to mentor at-risk youth. The program's primary goals are to assist the at-risk youth from the targeted schools in improving their academic skills, and help the community by reducing the drop-out rate, preventing teen pregnancy,reducing juvenile delinquency,curtailing the use of illegal drugs and decreasing the gang involvement rate. At least 51%of the beneficiaries of the at-risk youth in the mentoring program shall be from low-and moderate-income households. Approximately 4,775 students(72%)from the 7 middle schools'total population of 7,700 students have been identified as being eligible, based on their previous ability to meet the requirements and qualify for the federally subsidized, "Free or Reduced Cost Lunch Program". OPERATIONS: The MENTORING PROGRAM will provide one(1)contract staff person, identified as the Mentor Coordinator,whose primary responsibility will be to coordinate the students,teachers,parents,volunteer mentors and community leaders in all facets of program design, implementation, administration, and mentor recruitment. The 7 middle schools involved under contract with the MENTORING PROGRAM will provide a resource person who will coordinate the mentoring activities to be administered at the specific school sites. This will include training, identification,eligibility and assignment of student mentees,coordination of schedules,procurement/arrangements for facilities and required materials, and monitoring/documentation of volunteer hours, students' progress, teacher evaluations, etc. Specific services to be provided under the terms of this contract are outlined in the"Units of Service"section below. UNITS OF SERVICE: 1. Individual Student iVlentorinQ and Education Assistance Services: A projected monthly average of sixteen jl 6) individualized mentoring/counseling sessions will be conducted. Each student attending an individual mentoring/counseling/education assistance session shall represent one 1) unit of service. EXHIBIT 1 of 7 (SuRpleme_ ntall COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOTMC AND COMD4UNITY DEVELOPMENT Project/Activity Title: Case Number: 350-22227/ 1554 Fifth District: Youth Mentoring Program - San Bernardino(City)Parks& Recreation Name/Address of Contractor Agency: Date of Issue: City of San Bernardino Mentoring Program - San Bernardino City Parks & Recreation Department X Original: Beginning: Sept. 1, 1996 547 North Sierra Way San Bernardino, CA 92410 Amendment 9 MENTORING PROGRAM-ELIGIBLE SCHOOLS NAME OF ELIGIBLE SCHOOL "FREE/ASSISTED LUNCH" TOTAL STUDENT PERCENT OF PROGRAM- PROGRAM STUDENT COUNTS ENROLLMENT ELIGIBLE STUDENTS 1. Arrowhead 840 1015 83% 2. Curtis 923 1092 90% 3. Del Vallejo 727 913 80% 4. Golden Valley 730 1177 62% 5. M.L. King 728 962 76% 6. Serrano 628 1039 60% 7. Shandin Hills 643 1003 71% TOTALS: 5219 7201 74.58% EXHIBIT 2 of 7 COUNTY OF SAN BERNARDI O DEPARTNIENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Project/Activity Title: Case Number: 350 - 22227/ 1554 Fifth District: Youth Nlentoring Program - San Bernardino (City) Parks& Recreation Name/Address of Contractor Agencv: Date of Issue: City of San Bernardino Mentoring Program - San Bernardino City Parks&Recreation Department X Original: Beginning: Sept. 1, 1996 547 North Sierra Way San Bernardino, CA 92410 Amendment 9 BUDGET SUMMARY COST CATEGORY CDBG SHARE$ OTHER SOURCES $* TOTAL COST$ 1) Personnel: $ 0.00 $ 0.00 $ 0.00 2) Consultant/Contract 14,500.00 14,500.00 29,000.00 Services: 3) Travel: 0.00 0.00 0.00 4) Space Rental: 0.00 12,600.00 12,600.00 5) Consumable Supplies: 0.00 900.00 900.00 6) Rental, Lease, or 0.00 0.00 0.00 Purchase of Equipment: 7) Insurance: 0.00 0.00 0.00 8) Other: 5,000.00 4,500.00 9,500.00 0.00 0.00 0.00 TOTALS $ 19,500.00 $ 32,500.00 $ 52,000.00 *If costs are to be shared by other sources of funding, including CDBG funds from other jurisdictions, identify the source of funding, grantor/lending agency,and cost category information. SUMMARY - OTHER SOURCES OF FUNDING: City of San Bernardino CDBG Program: S32,500 EXHIBIT 3 of 7 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONONUC AND CONUgUNITY DEVELOPMENT Proiect/Activity Title: Case Number: 350 -22227/ 1554 Fifth District: Youth Mentoring Program- San Bernardino (City)Parks& Recreation Name/Address of Contractor Agency: Date of Issue: City of San Bernardino Mentoring Program- X Original: Beginning: Sept. 1, 1996 San Bernardino City Parks & Recreation Department 547 North Sierra Way San Bernardino, CA 92410 Amendment# BUDGET JUSTIFICATION-PART I(SUPPLIES/SERVICES) DESCRIPTION OF ITEM(S)AND BASIS FOR VALUATION CDBG COST$ TOTAL COST$ Budget line Item #: 2. Consultant/Contract Services: $ 14,500.00 $ 29,000.00 (Consultant Contract for Program Coordinator) 4. Space Rental: 0.00 12,600.00 (Office Space w/Utilities Included) 5. Consumable Supplies: 0.00 900.00 (Office Supplies and Postage, etc.) 6. Rental. Lease. or Purchase of Equipment: 0.00 0.00 (General Office Equipt./No County CDBG) 8. Other: 5,000.00 9,500.00 (Individualized Services: Department of Justice Background Reports, Copy Services, Delivery and Special Handling Charges, etc.) Totals: S 19,500.00 S 52,000.00 NOTE: Any budget line item(s)other than salaries and fringe benefits should be detailed above. EXHIBIT 4 of 7 COUNTY OF SAN BER1vARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Proiect/Activity Title: Case Number: 350 -22227/ 1554 Fifth District: Youth *vlentoring Program - San Bernardino (City) Parks & Recreation Name/Address of Contractor Agency: Date of Issue: City of San Bernardino Mentoring Program - San Bernardino City Parks &Recreation Department X Original: Beginning: Sept. 1, 1996 547 North Sierra Way San Bernardino, CA 92410 Amendment# INSURANCE INVENTORY WORKERS' COMPENSATION/EMPLOYER'S LIABILITY INSURANCE Name of Program State General Fund Effective Dates Continuous Employer's Liability Limit$ 1.000.000 Certificate of Insurance Attached Yes X No: On File w/ECD COMPREHENSIVE AND GENERAL AUTOMOBILE LIABILITY INSURANCE Name of Contractor's General Insurance Company City of San Bernardino- Self Insured Fund Limits of Liability Effective Dates Continuous Per Occurrence $ N/A Additional Insured Endorsement Attached Yes No: On File w/ECD Annual Aggregate $ N/A Certificate of Insurance Attached Yes No: On File w/ECD Name of Contractor's Automobile Liability Insurance Company Farmers Insurance Limits of Liabilitv Effective Dates 04/17/96 to 04/17/97 Per Person $ Per Accident$ Damage Liability$ 760,000 Per Accident ERRORS AND OMISSIONS LIABILITY INSURANCE Name of Contractor's Insurance Company City of San Bernardino- Self Insured Limits of Liabilitv Effective Dates N/A Per Occurrence �_ Additional Insured Endorsement Attached Yes _No: On File w/ECD Annual Aggregate S Certificate of Insurance Attached Yes _No: On File w/ECD PROFESSIONAL LIABILITY INSURANCE Name of Contractor's Insurance Company State Farm Insurance EYchanae Limits of Liability Effective Dates 04/17/96 to 04/17/97 Per Occurrence $ 1.000.000 Additional Insured Endorsement Attached Yes X No: On File w/ECD Annual Aggregate $100.000 Certificate of Insurance Attached Yes X No: On File w/ECD EXHIBIT 5 of 7 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Proiect/Activity Title: Case Number: 350-22227/ 1554 Fifth District: Youth Mentoring Program - San Bernardino(City)Parks&Recreation Name/Address of Contractor AQencv: Date of Issue: City of San Bernardino Mentoring Program - San Bernardino City Parks& Recreation Department X Original: Beginning: Sept. 1, 1996 547 North Sierra Way San Bernardino, CA 92410 Amendment# MONTHLY PROGRAM PROGRESS REPORT-PART B For the Month of ' 199 Date: #of Children: #of Adults: Name of Qualifying School(s): TOTAL: MONTHLY TOTAL: NOTE: Figure must match monthly reimbursement request. Signed Title Date Print Name Tel.Number/Est.: EXHIBIT 6 of 7 COUNTY OF SAN BERNARD1N0 DEPARTMENT OF ECONOMIC AND COM IUMTY DEVELOPMENT Proiect/Activity Title: Case Number: 350-22227/ 1554 Fifth District: Youth Nfentoring Program - San Bernardino (City)Parks&Recreation Name/Address of Contractor Agency: Date of Issue: City of San Bernardino Nientoring Program - San Bernardino City Parks & Recreation Department X Original: Beginning: Sept. 1, 1996 547 North Sierra Wav San Bernardino, CA 92410 Amendment 4 BENEFICIARY QUALIFICATION STATEMENT This form has the purpose of providing information needed to qualify the use of Federal Community Development Block Grant (CDBG)funds for the project/activity described above. This statement must be completed and signed by the person(legal guardian) requesting to receive benefits from the described project/activity. Please answer each of the following questions. 1. For this question a household is a group of related or unrelated persons occupying the same house with at least one member being the head of the household. Renters,roomers, or borders cannot be included as household members. How many persons are in your household? 2. For this question a list of the 1996-97 LOW AND MODERATE income categories* are presented below. Please calculate the combined Bross annual income of all persons in your household from all sources of income. State,yes or no,if your combined gross annual income is equal to or less than the LOW amount for the number of persons in your household. State,yes or no, if your combined gross annual income is equal to or less than the MODERATE amount for the number of persons in your household. Number of Persons in Your Household 1 2 3 4 5 6 7 8 L OW $ 15,150 $ 17,300 $ 19,500 S 21,650 $23,400 S 25,100 $26,850 S 28,600 MODERATE S 24,250 S 27,700 $31,200 $34,650 $37,400 $40,200 $42,950 $45,700 3. Do you identify yourself as: White Black Hispanic American Indian Asian Other 4. Please state, yes or no, if you are a female Head of Household? 5. Please describe the condition that would qualify you as being considered in one of the following categories: low- and moderate-income household, abused child, battered spouse, elderly person, homeless person, disabled person, illiterate person, or migrant farm worker. ACKNOWLEDGMENT AND DISCLAIMER I CERTIFY UNDER PEN.UTY OF PERJURY THAT INCOME AND HOUSEHOLD STATENtENTS IvL-kDE ON THIS FOR,NI ARE TRUE. NAME: DATE: ADDRESS: PHONE NO: SIGNATURE: The information you provide on this form is for Community Development Block Grant(CDBG)program purposes only and will be kept confidential. *Taken from Section 8 1996-97 Low and Very Low Income Limits. EXHIBIT 7 of 7 COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT Proiect/Activity Title: Case Number: 350 -22227/ 1554 Fifth District: Youth Mentoring Program - San Bernardino(City)Parks&Recreation Name/Address of Contractor Agencv: Date of Issue: City of San Bernardino Mentoring Program - San Bernardino City Parks & Recreation Department X Original: Beginning: Sept. 1, 1996 547 North Sierra Way San Bernardino, CA 92410 Amendment# MONTHLY PROGRAM PROGRESS REPORT For the Month of , 199 Under each type of service listed below,describe what your program has accomplished during this month. Include location, number of persons served, services/benefits provided, and a description of the clients served. Also report the number of "Units of Service" provided as defined in the Program/Project Description(Exhibit 1). Type of Service: Anticipated Units of Service: 1. Individual Student Mentorina& Education Assistance Services: Goal/mo.: 16 Actual/mo.: Total Number of Households or Persons Served During This Month (Above figures may include individuals previously counted during this grant/program year.) MONTHLY DIRECT BENEFIT REPORT (Unduplicated first-time client counts only) Program beneficiaries are counted below as: Households(H✓)_or Persons(P✓)_ Number of Households or Persons Directly Assisted: Low Income (ONLY) Low and Moderate Income(COMBINED TOTAL) Counts By Race/Ethnicity (The total of these counts should equal the combined total above): White,Not Hispanic Origin Black, not Hispanic Origin Hispanic American Indian/Alaskan Native Asian Pacific Islander Other: (Specify) / Female Headed Households: (Do NOT Duplicate this Count­w/ Categories) Signed Title Date Print Name Tel.No./Ext.