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HomeMy WebLinkAbout22-Community Development , CITY OF SAN _RNiRDINO - R.~ST ~ COUNCIL ACTION From: Kenneth J. Henderson, Director Dept: community Development Subject: APPROVAL OF FY 1988/1989 CDBG AGREEMENT BETWEEN CITY AND ROLLING START, (DEAF SERVICES) Date: June 2, 1988 Synopsis of Previous Council action: On March 7, 1988, the Mayor and Common Council adopted the FY 1988/1989 CDBG Program Mix and authorized staff to solicit CDBG funding proposals for the 1988/1989 fiscal year. On May 16, 1988, the Mayor and Common Council conducted the FY 1988/1989 CDBG Public Hearing for consideration of various proposals requesting CDBG funding. On May 16, 1988, the Mayor and Common Council considered. and approved certain FY 1988/1989 CDBG eligible programs, projects and activities. Recommended motion: Adopt Resolution Supporting data attached: Ken HendersonlLisa Dickey Staff Report Phone: 5065 Contact person: Ward: 1-7 FUNDING REQUIREMENTS: Amount: $10,150.00 Source: (Acct. No.) (Acct. Descriotionl FY 1988/1989 CDBG ALLOCATION Fin.,ce:4?n~ ~A::/ Council Notes: 0996 ~1 . o . CITY OF SAN _RNClRDINO - RI!QUI!ST FOR COUNCIL ACTION STAFF REPORT On May 16, 1988, the Mayor and Common Council conducted the CDBG Public Hearing and considered requests fo~ financial assistance for the upcoming fiscal year (1988/1989), and awarded community development funds to certain public service, capital improvement, fair housing and economic development projects. Agreements are now required to implement said projects. The attached agreement between city and Rolling start, Inc., (Deaf Services) includes a "scope of services" and "program budget" attached to the agreement as Exhibits "A" and "B", respectively. These Exhibits are incorporated by referenced as though fully set forth at length. Staff recommends adoption of the attached resolution. Adoption of the resolution by the Mayor and Common Council would authorize and direct the Mayor to execute the agreement as described herein. ~ 0, Kenneth J. enderso Director of Community Development KJH/lab/0997 June 2, 1988 . III L JIll 1 o o 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION NUMBER 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., (DEAF SERVICES). 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., (Deaf Services), a copy of which agreement is annexed hereto as Exhibit "1", and is incorporated 12 herein by reference as though fully set forth at length. The 13 14 15 16 17 agreement provides for the granting of Community Development Block Grant funds in the following amount of $10,150.00. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the , 1988 by the following vote, to 18 19 wit: 20 21 22 23 24 25 26 27 28 Ilab 0999 6-1-88 day of Councilpersons AYES: NAYES: ABSENT: city Clerk . RESO: AUTH. ~ DIRECTING EXECUTION OF ~.DEV. BLOCK GRANT FUNDING AGREEMENT BETWEEN CITY AND ROLLI~START, INC., (DEAF SERVICES) 1 2 3 The foregoing resolution is hereby approved this ____ day of , 1988. 4 5 Approved as to legal form 6 and content: 7 8 9 Mayor, City of San Bernardino ~/ ty Att ey 10 Ilab 1016 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6-9-88 . ~ ~ U 1 - o o 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 IdiR~~H~H~ THIS AGREEMENT is entered into effective as of , 1988, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and ROLLING ~TART, INC., (DEAF SERVICES) , a nonprofit community service organization, referred to as "Sub- recipient". city and Subrecipient agree as follows: 1. Recitals. (a) Subrecipient has requested financial assistance from city for fiscal year 1988/1989 from funds available through the Community Development Block Grant Program from the United states of America to City. (b) Subrecipient represents that the expenditures authorized by this agreement are for valid and eligible community development purposes, as defined in CFR Part 570 in accordance with Federal law and regulations, and that all funds granted under this agreement will be used for no purpose other than those purposes specifically authorized. The specific purposes and scope of services of this particular grant are set forth in Exhibit "A", attached hereto and incorporated into this agreement as though fully set forth herein. 2. Pavments. City shall reimburse Subrecipient for allow- able costs incurred under the scope of this agreement and applicable Federal regulations, which have not been paid for or reimbursed in any other manner by any other Agency or private 6-2-88 1 . 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 o o source of funding. Reimbursement will be made at least on a monthly basis, with the total of all such reimbursements not to exceed $10.150.00 . 3. Term. This agreement shall commence Julv 1. 1988 and terminate June 30, 1989 4. Use of Funds: Budaet: Travel Limitation. (a) The funds paid to Subrecipient shall be used by it solely for the purposes set forth in Paragraph l(b) of this agreement, and in accordance with the program budget submitted by Subrecipient to the City of San Bernardino Community Development Department, a copy of which is attached to this agreement as Exhibit "B". This budget shall list all sources of funding for the program covered by this agreement, whether from state, Federal, local or private sources, and shall identify which sources are paying for which specific portions of the program, by line-item, to the extent practicable. (b) No travel expenses for out-of-state travel shall be included in this program unless specifically listed in the bUdget as submitted and approved, and all travel expenses to be funded from funds provided hereunder shall be specifically identified as travel expense, which shall be negotiated between the City of San Bernardino Community Development Department and Subrecipient in the budget. Any travel expenses incurred by Subrecipient above the budgeted amount or for out-of-state travel shall not be eligible for reimbursement unless the prior written approval of the Director of Community Development of the City of San Bernardino, or designee, has been obtained. (c) Funds shall be used for purposes authorized by the 6-2-88 2 . . o o 1 Community Development Block Grant Program only, and no portion 2 of the funds granted hereby shall be used for any purpose not 3 specifically authorized by this agreement. 4 (d) Only net payroll shall be periodically reimbursed 5 by City as an allowable cost. Any amounts withheld by 6 Subrecipient from an employee's pay for taxes, social security, 7 or other withholding and not immediately paid over to another 8 entity, shall not be included as wages or expenses eligible for 9 reimbursement as an allowable cost until such time as the 10 withheld taxes, social security, or other withholdings are 11 actually paid over to another entity entitled to such payment. 12 Upon such payment and the submission of evidence of such payment 13 to the City of San Bernardino Community Development Department, 14 such expenses shall be regarded as an allowable cost, and the 15 City shall reimburse Subrecipient for such obligation. 16 (e) A variation in the itemization of costs, as set 17 forth in the proposed budget submitted to city, not to exceed 18 ten percent (10%) as to any particular line item, shall be 19 allowed, provided that the prior written approval of the 20 Director of Community Development of the City of San Bernardino 21 is obtained, it being understood that the total amount of the 22 grant shall not be varied thereby. 23 (f) The parties intend that grant funds be utilized 24 within the time period covered by this agreement, and 25 entitlement to any funds not expended or obligated shall revert 26 to. the City. No reserve for the future shall be established with 27 the funds except as may be authorized to meet commitments made 28 for services provided during the period of this agreement, but 6-2-88 3 , . Ll o o 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 not yet paid for at the conclusion of this agreement. 5. Accountina: Audit. (a) Prior to the final payment under this agreement, and at such other times as may be requested by the Director of Community Development of the city of San Bernardino, Subrecipient 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 30, 1989. (b) Financial records shall be maintained by Subrecipient 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 Attachlllent "F" and Attachment "G" of Office of Management and Budget Circular No. A 110 shall be fully complied with by Subrecipient. Subrecipient acknowledges that the funds provided are federal funds. (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 6-2-88 4 . . o o 1 all assets of the program, and Subrecipient shall assure that 2 they are used solely for authorized purposes. 3 (e) In addition to the foregoing, Subrecipient shall 4 at its own expense have the City-funded portion of its program 5 audited annually, and provide to City a copy of the audit report 6 within sixty (60) days after receipt of the report by 7 Subrecipient. Such audit must be performed by a Certified 8 Public Accountant or some other independent" auditor approved in 9 advance by the City's Director of the Community Development. 10 6. Services Available to Residents: Monitorina and ReDort- 11 ina Proaram Performance. The services of Subrecipient shall be 12 made available to residents and inhabitants of the city of San 13 Bernardino unless otherwise noted in Exhibit "A". No person 14 shall be denied service because of race, color, national origin, 15 creed, sex, marital status, or physical handicap. Subrecipient 16 shall comply with Affirmative Action guidelines in its 17 employment practices. Subrecipient shall also monitor the 18proqram's activities and submit written reports quarterly, or 19 more often if requested, to the Director of community 20 Development of the City of San Bernardino, in accordance with 21 Attachment "H", Office of Management and Budget Circular No. A 22 110. Failure to provide such quarterly performance reports may 23 prevent the processing by City of Subrecipient's requests for 24 reimbursement, and may justify temporary withholding as provided 25 for in Paragraph 11 hereof. 7. Procurement Practices: Conflict of Interest. 26 27 28 Subrecipient shall comply with procurement procedures and guidelines established by Attachment "0" to Office of Management 6-2-88 5 . . 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 IJ .Ji:1 1 o o and Budget Circular No. A-102, "Procurement Standards". In addition to the specific requirements of Attachment "0" to Circular No. A-102, Subrecipient shall maintain a code or standards of conduct which shall govern the performance of its officers, employees or agents in contracting with and expending 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: Eaual Emnlovment Onnortunitv. All contracts for construction or repair using 6-2-88 6 , . 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 o o funds provided under this agreement shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18.U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each contractor or subgrantee shall be prohibited from inducing, by any means, any person 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 Subrecipient using funds provided under this agreement shall contain a provision requiring compliance with Equal Employment opportunity provisions established by Executive Order #11246, as amended. 9. Prevailina Waae Reauirement. Any construction contracts awarded by Subrecipient using funds provided under this agreement in excess of $2,000.00 shall include a provision for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a 7) and as supplemented by Department of Labor Regulations (29CFR). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. Subrecipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. Subrecipient shall report all suspected or reported violations to city. 6-2-88 7 . o o 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 ~ 27 28 10. Aooroval of citv of anv Charaes: Use of Proaram Income. City reserves the right to require Subrecipient to obtain the prior written approval of City of any charges or fees 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, 1989). Interest earned on funds advanced under the agreement shall be paid to the City. 11. Temoorarv 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 6-2-88 8 D . - o o 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 thirty (30) days following the date of filing. 12. Records Retention. Financial records, supporting documents, statistical records, and all other records pertaining 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-102, "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 6-2-88 9 ~ ~- . o o 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 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 the Subrecipient in writing of the proposed termination and the reasons therefore, together with the proposed effective date. Subrecipient shall be given an opportunity to appear before the Mayor and Common Council at the time at which the Mayor and Common Council are to consider such recommended termination, and shall be given a reasonable opportunity to show cause why, if any exists, the agreement should not be terminated for cause. Upon determination by the Mayor and Common Council that the contract should be terminated for cause, notice thereof, including reasons for the determination, shall promptly be mailed to the Subrecipient, together with information as to the effective date of the termination. Such notice may be given orally at that hearing. The determination of the Mayor and Common Council as to cause shall be final. 15. Termination for Convenience. city or Subrecipient may terminate this agreement in whole or in part provided both parties agree that the continuation of the project would not produce beneficial results commensurate with further expenditure of funds. In such event, the parties shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The Subrecipient shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. city shall allow Subrecipient full credit for the City's share of the non 6-2-88 10 . - o o 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 cancellable obligations properly incurred by the Subrecipient prior to termination. 16. Hold Harmless. Subrecipient agrees to indemnify, save and hold 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. Assianment. 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: 6-2-88 11 4 5 6 city evidence in the form of a certified copy of minutes of the . 1 2 3 o o As to City: As to Subrecipient: Director community Development Dept. City of San Bernardino City Hall, Fifth Floor 300 North "0" Street San Bernardino, Calif. 92418 Director Rolling Start, Inc. (Deaf Servo 443 West 4th Street San Bernardino, Calif. 92411 20. Evidence of Authoritv. Subrecipient shall provide to 7 governing body of Subrecipient, or other adequate proof, that 8 this agreement has been approved in all its detail by the 9 10 governing body of the Subrecipient, that the person(s) executing 11 this agreement is a binding obligation on Subrecipient. it are authorized to act on behalf of subrecipient, and that 12 13 instrument attached hereto or referred to herein integrates all 14 21. Entire Aareement. This agreement and any document or terms and conditions mentioned herein or incidental hereto, and 15 supersedes all negotiations and prior writing in respect to the 16 subject matter hereof. In the event of conflict between the 17 terms, conditions or provisions of this agreement, and any such 18 document or instrument, the terms and conditions of this 19 agreement shall prevail. 20 21 22 23 24 25 26 27 28 III 11// 6-2-88 12 ~ AGREEMENT BETWIf"'\ CITY OF SAN BERNARDINO AND 0 ROLLING START,~. (DEAF SERVICES). 1 IN WITNESS WHEREOF, the parties hereto have executed this 2 agreement on the day and year first hereinabove written. CITY OF SAN BERNARDINO BY: Mayor, of the city of San Bernardino SUBRECIPIENT: By: President BY: Secretary ~ o o ({a1Iin9 5tdc:t /he. INDEPENDENT LIVING CENTER . A Non-Prolil Organization Serving the Disabled Deaf Services - Scope of Services 1988-89 The Rolling Start Deaf Services program will provide rel~y and interpreter services, sign language instruction, csptioned film show~ and deaf aware- ness presentations. We will also provide advocacy and in dependant living skills to the hearing impaired community of San Bernardino. Goals Movies (not less than 5 per month) Sign Language Classes Interpreter Services Relay Calls Advocacy Independant Living Skills Unduplicated Services Units of Service (total) Presentations 60 for the year 10 for the year 500 hours for the year 1,000 call for the year 75 clients 40 clients 50 per month 8,000 per year 24 for the year MAIN OFFICE 443 West 4th Street San Bernardino. Ca 92401 (7141884-2129 It 220 East Buena Visl. Bar.tow. CA 9231 1 (6191256-2832 Jj 2060 University Avenue Room 113 Riverside. CA 92507 (7141788-7830 6-2-1111 - - INDEPENDENT LIVING CENTER . A Non-Prollt OrganlzaUon Serving Ihe Disabled Deaf Services Budget Salaries: Kathie Ambrosio . Laufe, Watson $ 638.00 5,242.00 $ 5,880.00 Expenses: Auditor Interpreter Fees Office Supplies Subscriptions Postage Telephone Mileage TOTAL 100.00 2,000.00 200.00 170.00 200.00 1,000.00 600.00 $ 10,150.00 MAIN OFFICE 443 West 4th Street San Bernardino, CII 92401 (714)884.2129 LI 220 East Buena Vista Barstow, CA 92311 (619) 256.2832 ri 2060 Unlve,slty Avenue Room 113 Riverside, CA 92507 (714)788.7830 6'7-118 EXHIBIT "B"