HomeMy WebLinkAbout35-Community Development
CI+r OF SAN BERNARDI~ - REQU~T FOR COUNCIf"' ~ON
From: Kenneth J. Henderson, Director
~~-A~t\.o~~ OF FY 1987/1988 CDBG
_~ OJ," #R,E,Et,lEttT BETWEEN CITY AND
LJ ,'.",) 'RbUJNG START, INC.
Dept; Community Development
Date: August 5, 1987
Synopsis of Previous Council action:
On May 18, 1987, the Mayor and Common Council directed Community Development staff to
solicit proposals utilizing the $51.600 remaining in the FY 1987/1988 CDBG Public Services
category.
On August 3, 1987, the Mayor and Common Council considered and approved certain FY
1987/1988 CDBG eligible programs, projects and activities.
Recommended motion:
ADOPT RESOLUTION
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Signature
Contact person:
Ken Henderson/Lisa Dickey
Phona: 5065
Supporting data attached:
Staff Report
Ward:
1-7
FUNDING REQUIREMENTS:
Amount: $5,450.00
Source: (ACCT. NO.)
(ACCT. DESCRIPTION) FY 1987/1988 CDBG Allocation
Finance: tJ..
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Council Notes:
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Clh OF SAN BERNARDI~ - REQUM FOR COUNCIL AChbN
STAFF REPORT
On May 18, 1987, the Mayor and Common Council approved programs,
projects and activities for all but $51,600 of the FY 1987/1988
Community Development Block Grant (CDBG). The $51,600 is in the Public
services category. staff was directed to solicit proposals for this
activity and bring back for Council consideration projects eligible for
CDBG funding.
On August 3, 1987, the Mayor and Common Council considered recommenda-
tions made by the Community Development citizen Advisory Committee
(CDCAC) and approved recommendations totaling $51,600 in the Public
services category and $19,000 in CDBG contingency funds for non-profit
capital improvement activities. Agreements are now required to imple-
ment said projects.
The attached agreement between city and Rolling start, Inc., 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 Mayor to execute the agreement as described
herein.
evelopment
KJH/lab/0416
8/5/87
75.0264
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RESOLUTION NUMBER
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
ROLLING START, 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 Rolling Start, 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 $5,450.00.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the and Common Council of the City of San Bernardino
meeting thereof, held on the
day of
at a
, 1987, by the following vote, to wit:
Councilpersons
AYES:
NAYES:
ABSENT:
City Clerk
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The foregoing resolution is hereby approved this
1 day of , 1987.
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Mayor, City of San Bernardino
Approved as to legal form
and content:
City Attorney
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1 THIS AGREEMENT is entered into effective as of
2 August 18 , 1987, at San Bernardino, California,
3 between the CITY OF SAN BERNARDINO, a municipal corporation,
4 referred to as "City", and ROLLING START, INC.
5 , a
6 nonprofit community service organization, referred to as "sub-
7 recipient".
8 City and Subrecipient agree as follows:
9 1. Recitals.
10 (a) Subrecipient has requested financial assistance
11 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 "A", attached hereto and incorporated
21 into this agreement as though fully set forth herein.
22 2. Pavrnents. City shall reimburse Subrecipient for allow-
23 able 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
28 exceed $ $5,450.00
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1 3. Term. This agreement shall commence AUlZust 18, 1987 and
2 terminate Jun" 30. ] 988
3 4. Use of Funds; Budoet; Travel Limitation.
4 (a) The funds paid to Subrecipient shall be used by it
5 solely for the purposes set forth in Paragraph l(b) 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 the
26 community development block grant program only, and no portion
27 of the funds granted hereby shall be used for any purpose not
28 specifically authorized by this agreement.
.
1 (d) Only net payroll shall be periodically reimbursed
2 by City as an allowable cost. Any amounts withheld by
3 Subrecipient from an employee's pay for taxes, social security,
4 or other withholding and not immediately paid over to another
5 entity, shall not be included as wages or expenses eligible for
6 reimbursement as an allowable cost until such time as the
7 withheld taxes, social security, or other withholdings are
8 actually paid over to another entity entitled to such payment.
9 Upon such payment and the submission of evidence of such payment
10 to the City of San Bernardino Community Development Department,
11 such expenses shall be regarded as an allowable cost, and the
12 City shall reimburse Subrecipient for such obligation.
13 (e) A variation in the itemization of costs, as set
14 forth in the proposed budget submitted to city, not to exceed
15 ten percent (10%) as to any particular line item, shall be
16 allowed, provided the prior written approval of the Director of
17 Community Development of the City of San Bernardino is obtained,
18 it being understood that the total amount of the grant shall not
19 be varied thereby.
20 (f) The parties intend that grant funds be utilized
21 within the time period covered by this agreement, and
22 entitlement to any funds not used shall revert to the city. No
23 reserve for the future shall be established with the funds
24 except as may be authorized to meet commitments made for
25 services provided during the period of this agreement, but not
26 yet paid for at the conclusion of this agreement.
27 5. Accountinq; Audit.
28 (a) Prior to the final payment under this agreement,
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1 and at such other times as may be requested by the Director of
2 community Development of the city of San Bernardino,
3 Subrecipient shall submit to the Director an accounting of the
4 proposed and actual expenditures of all revenues from whatever
5 source accruing to the organization for the fiscal year ending
6 June 3, 1988.
7 (b) Financial records shall be maintained by
8 subrecipient in accordance with generally accepted accounting
9 principles, and in a manner which permits city to trace the
10 expenditures of funds to source documentation. All books and
11 records of Subrecipient are to be kept open for inspection at
12 any time during the business day by the city, its officers or
13 agents, and by any representative of the United states of
14 America authorized to audit community development block grant
15 programs.
16 (c) Standards for financial management systems and
17 financial reporting requirements established by Attachment "F"
18 and Attachment "G" of Office of Management and Budget circular
19 No. A 110 shall be fully complied with by Subrecipient.
20 Subrecipient acknowledges that the funds provided are federal
21 funds.
22 (d) Subrecipient's financial management system shall
23 provide for accurate, current and complete disclosure of the
24 financial results of each program sponsored by this agreement.
25 It is the responsibility of Subrecipient to adequately safeguard
26 all assets of the program, and Subrecipient shall assure that
27 they are used solely for authorized purposes.
28 (e) In addition to the foregoing, subrecipient shall
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8/5/87
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1 at its own expense have the city-funded portion of its program
2 audited annually, and provide to City a copy of the audit report
3 within sixty (60) days after receipt of the report by
4 Subrecipient. Such audit must be performed by a Certified
5 Public Accountant or some other independent auditor approved in
6 advance by the city's Director of the community Development.
7 6. Services Available to Residents; Monitorina and Reoort-
8 ina Proaram Performance. The services of Subrecipient shall be
9 made available to residents and inhabitants of the city of San
10 Bernardino unless otherwise noted in Exhibit "A". No person
11 shall be denied service because of race, color, national origin,
12 creed, sex, martial status, or physical handicap. Subrecipient
13 shall comply with Affirmative Action guidelines in its
14 employment practices. SUbrecipient shall also monitor the
15 program's activities and submit written reports quarterly, or
16 more often if requested, to the Director of Community
17 Development of the city of San Bernardino, in accordance with
18 Attachment "H", Office of Management and Budget Circular No. A
19 110. Failure to provide such quarterly performance reports may
20 prevent the processing by city of Sub recipient's requests for
21 reimbursement, and may justify temporary withholding as provided
22 for in Paragraph 11 hereof.
23 7. Procurement Practices; Conflict of Interest.
24 Subrecipient shall comply with procurement procedures and
25 guidelines established by Attachment "0" to Office of Management
26 and Budget Circular No. A-I02, "Procurement Standards". In
27 addition to the specific requirements of Attachment "0" to
28 Circular No. A-102, Subrecipient shall maintain a code or
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standards of conduct which shall govern the performance of its
officers, employees or agents in contracting with and expending
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the federal grant funds made available to Subrecipient under
this agreement. SUbrecipient's officers, employees or agents
shall neither solicit nor accept gratuities, favors, or anything
of monetary value from contractors or potential contractors. To
the extent 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. Subrecipient agrees to adhere to conflict of interest
provisions set forth in 24 CFR Section 570.611 and to the
procurement rules specified in Office of Management and Budget
Circular No. A 102 Attachment "0" in its expenditure of all
funds received under this agreement.
8. Anti-Kick Back Provisions; Equal Emolovment
Oooortunitv. 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,
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1 Part 3). This act provides that each contractor or subgrantee
2 shall be prohibited from inducing, by any means, any person
3 employed in the construction, completion or repair of public
4 work, to give up any part of the compensation to which he is
5 otherwise entitled. Subrecipient shall report all suspected or
6 reported violations to City. All contracts in excess of
7 $10,000.00 entered into by Subrecipient using funds provided
8 under this agreement shall contain a provision requiring
9 compliance with Equal Employment Opportunity provisions
10 established by Executive Order #11246 as amended.
11 9. Prevailinq Waqe Reauirement. Any construction
12 contracts awarded by Subrecipient using funds provided under
13 this agreement in excess of $2,000.00 shall include a provision
14 for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a
15 7) and as supplemented by Department of Labor Regulations
16 (29CFR). Under this Act, contractors shall be required to pay
17 wages to laborers and mechanics at a rate not less than the
18 minimum wages specified in a wage determination made by the
19 Secretary of Labor. In addition, contractors shall be required
20 to pay wages not less often than once a week. Subrecipient
21 shall place a copy of the current prevailing wage determination
22 issued by the Department of Labor in each solicitation and the
23 award of a contract shall be conditioned upon the acceptance of
24 the wage determination. Subrecipient shall report all suspected
25 or reported violations to City.
26 10. Approval of City of any Charqes; Use of Proqram
27 Income. City reserves the right to require Subrecipient to
28 obtain the prior written approval of City of any charges or fees
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to be charged by Subrecipient for services provided under this
agreement, and of any rules and regulations governing the
provision of services hereunder. Program income represents
gross income earned by the Subrecipient from the federally
supported activities. Such earnings exclude interest earned on
advances and may include, but will not be limited to, income
from service fees, sale of commodities, usage and rental fees.
These funds shall be used first for eligible program activities,
before requests for reimbursement, or shall be remitted to the
city. Subrecipient shall remit all unspent program income to
the City within thirty (30) days subsequent to the end of the
program year (June 30, 1988). Interest earned on funds advanced
under the agreement shall be paid to the city.
11. Temporarv Withholdina. The Director of the Community
Development of the City of San Bernardino is authorized to
temporarily withhold the payment of funds to Subrecipients when
the Director determines that any violation of this agreement has
occurred. Funds shall be withheld until the violation is
corrected to the satisfaction of the Director. Subrecipient
shall have the right to appeal the decision of the Director to
the Mayor and Common Council. The sole grounds for such appeal
shall be that no violation of the agreement has occurred.
Subrecipient shall file such appeal within fifteen (15) days
after such first withholding. The Mayor and Common Council
shall set a date for the hearing of such appeal which is within
thirty (30) days following the date of filing.
12. Records Retention. Financial records, supporting
documents, statistical records, and all other records pertaining
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to the use of the funds provided under this agreement shall be
retained by Subrecipient for a period of three (3) years, at a
minimum, and in the event of litigation, claim or audit, the
records shall be retained until all litigation, claims and audit
findings involving the records, have been fully resolved.
Records for non-expendable property acquired with federal funds
provided under this agreement shall be retained for three (3)
years after the final disposition of such property.
13. Prooertv 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 personal
property and real property purchased with or improved by funds
provided under this agreement shall be subject to the property
management standards specified in Attachment "N" of Office of
Management and Budget Circular No. A-I02, "Property Management
Standards".
14. Termination for Cause. City reserves the right to
terminate this agreement and any and all grants and future
payments under this agreement in whole or in part at any time
before the date of completion of this agreement whenever city
determines that the Subrecipient has failed to comply with the
conditions of this agreement. In the event City seeks to
terminate this agreement for cause, City shall promptly notify
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1 the Subrecipient in writing of the proposed termination and the
2 reasons therefore, together with the proposed effective date.
3 Subrecipient shall be given an opportunity to appear before the
4 Mayor and Common Council at the time at which the Mayor and
5 Common Council are to consider such recommended termination, and
6 shall be given a reasonable opportunity to show cause why, if
7 any exists, the agreement should not be terminated for cause.
8 Upon determination by the Mayor and Common Council that the
9 contract should be terminated for cause, notice thereof,
10 including reasons for the determination, shall promptly be
11 mailed to the Subrecipient, together with information as to the
12 effective date of the termination. Such notice may be given
13 orally at that hearing. The determination of the Mayor and
14 Common council as to cause shall be final.
15 15. Termination for Convenience. City or Subrecipient may
16 terminate this agreement in whole or in part provided both
17 parties agree that the continuation of the project would not
18 produce beneficial results commensurate with further expenditure
19 of funds. In such event, the parties shall agree upon the
20 termination conditions, including the effective date and, in the
21 case of partial terminations, the portion to be terminated. The
22 subrecipient shall not incur new obligations for the terminated
23 portion after the effective date and shall cancel as many
24 outstanding obligations as possible. city shall allow
25 Subrecipient full credit for the city's share of the non
26 cancellable obligations properly incurred by the Subrecipient
27 prior to termination.
28 16. Hold Harmless. Subrecipient agrees to indemnify and
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save harmless the City and its employees and agents from all
liabilities and charges, expenses (including counsel fees),
suits or losses, however occurring, or damages, arising or
growing out of the use of or receipt of funds paid under this
agreement and all operations under this agreement. Payments
under this agreement are made with the understanding that the
city is not involved in the performance of services or other
activities of the Subrecipient. Subrecipient and its employees
and agents are independent contractors and not employees or
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.
17. Amendment. This agreement may be amended or modified
only by written agreement signed by both parties, and failure on
the part of either party to enforce any provision of this
agreement shall not be construed as a waiver of the right to
compel enforcement of any provision or provisions.
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
writing and delivered in person or sent certified mail, postage
prepaid, addressed as follows:
As to city:
As to Subrecipient:
Rolling Start, Inc.
443 West 4th Street
San Bernardino, CA ~240I
Director
Community Development Dept.
City of San Bernardino
city Hall, Fifth Floor
300 North "D" Street
San Bernardino, Calif. 92418
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1 20. Evidence of Authoritv. Subrecipient shall provide to
2 City evidence in the form of a certified copy of minutes of the
3 governing body of Subrecipient, or other adequate proof, that
4 this agreement has been approved in all its detail by the
5 governing body of the Subrecipient, that the person(s) executing
6 it are authorized to act on behalf of subrecipient, and that
7 this agreement is a binding obligation on Subrecipient.
21.
Entire Aqreement.
This agreement and any document or
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9 instrument attached hereto or referred to herein integrates all
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terms and conditions mentioned herein or incidental hereto, and
supersedes all negotiations and prior writing in respect to the
subject matter hereof.
In the event of conflict between the
terms, conditions or provisions of this agreement, and any such
14 document or instrument, the terms and conditions of this
15 agreement shall prevail.
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first hereinabove written.
ATTEST:
CITY OF SAN BERNARDINO
BY:
Mayor, of the City of
San Bernardino
City Clerk
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25 Approved as to form
26 and")legal cont,ent:
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SUBRECIPIENT:
By:
President
BY:
Secretary
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0068
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5tdc:t !hC. INDEPENDENT LIVING CENTER
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. A Non'Profit Organization Serving the Disabled
deaf services budget proposal
Salaries:
Douglas Bubeck
Kathie Ambrosio
4,700.
300.
$ 5,000.00
100.00
125.00
25.00
200.00
$ 5,450.00
Auditor
Postage
Printing
Telephone
TOTAL
t:XHIRrr . ^.
MAIN OFFICE
443 West 4th Street
San Bernardino, Ca 92401
(7'4) 884-2129
.
220 East Buena Vista
Barstow. CA 9231'
(619) 258-2832
rI
2060 University Avenue
Room 113
Riverside. CA 92507
17141788-7830
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5tad Inc. INDEPENDENT LIVING CENTER
" ,
,
. A Non-Profit Organization Serving the Disabled
Deaf Services - scope of services 1987-88
The Rolling Start Deaf Services program will provide relay and interpreter
services, sign language instruction, captioned film shows and deaf aware-
ness presentations. We also will provide peer counseling and advocacy as
well as independant living skills to the hearing impaired community of
San Bernardino.
Goals
movies: not less than 5 per month
sign classes
interpreter services
relays
advocacy
Unduplicated services
Unjt. of service (total)
Presentations
total 60 for year
10 for year
480 hours per year
1,000 calls
50 clients
40 per month
7,200 Jler year
24 for the year
r:XHlRIT "B"
MAIN OFFICE
443 West 4th Street
San Bernardino. Ca 92401
(714) 884-2129
It
220 East Buena Vista
Barstow. CA 92311
(619) 256-2832
Ji
2060 University Avenue
Room 113
Riverside, CA 92507
(714) 788-7830