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HomeMy WebLinkAbout18-Community Development From: CI~ OF SAN BERNARD()) - REQUQT FOR COUNCIL AC:>ON Approval of FY 1987/1988 CDBG;1'r ".. Agr eement between City and San Bernardino Valley College (Senior Impact Program) Kenneth J. Henderson, Director Subject: Dept: Community Development Date: June Z, 1987 Synopsis of Previous Council ection: On May 18,1987, the Mayor and Common COuncil considered and approved certain FY 1987/1988 CDBG eligible programs, projects and activities. Recommended moti.on: ADOPT RESOLUTION , ~s~ Contact person: Ken Henderson/Lisa Dickey Phone: 5065 Supporting data attached: Staff Report Ward: 1-7 FUNDING REQUIREMENTS: Amount: $lZ,500.00 Source: FY 87/88 CDBG Allocation Finance: Council Notll: 7$-0262 Agenda Item No I ~ CITe OF SAN BERNARDI~ - REQUE':T FOR COUNCIL AC'T"'9N STAFF REPORT On I~ay 11, 1987, the Nayor and Common Council comlucted the CDBG Public Hearing and considered requests for financial assistance for the upcoming fiscal year 11987/1988). The llayor and Common Council, subsequently, held a workshop on Nay 18, '1987 and awarded community development funds to certain public service, capital improvement, fair housing and economic development projects. Agreements are now required to implement said projects. The attached agreement behleen City and San~1iernal'dino Valley College i.ncludes 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 !layor and Common Council would authorize and direct the Mayor to execute the agreement as described herein. ~ ~:n~~~ Director of Communit,y Development KJH/lab/0307 6/2/87 7$.02" c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 t"'''"' .~ J \.,..I RESOLUTION NUMBER RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING .lI.1'D DIRECTING THE EXECUTIOtJ OF A CO~IMUNITY DEVELOP~IENT BLOCK GRANT FUNDING AGREEI1ENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO VALLEY COLLEGE (SENIOR INPACT PROGRAM) . BE IT RESOLVED BY THE HAYOR AND COMI.lQN COUNCIL OF THE CITY OJ,' SAN B;;RNARDINO 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 San Bernardino Valley College (Senior I11lpact prograr~), il CODY of which agreement! s annexed hereto <'H: Exhibit "In c,nd is incorporatea 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 $12,500.00. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the and Common Council of the City of San Bern;ndino at a meeting thereof, held on the day of , 1987, by the following vote, to wit: AYES, CounciJpersons NAYES: ABSENT: City Clerk 6/2/'(.7 - c ,-. v ...., -.J .:) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The foregoing resolution is hereby approved this (Jay of , 1987. Mayor, City of San Bernardino Approved as to legal form and content: G -,L City Attorney /lab/0263 6/2/87 C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 o 0 A~R~~Il~HI J THIS AGREEMENT is entered into effective as of Julv 1 , 1987, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as .City., and SAN BERNARDINO VALLEY COLLEGE (SENIOR IMPACT PROGRAM) , a nonprofit community service organization, referred to as .Sub- recipient-. City and Sub recipient agree as follows: L Recitals. (a) Subrecipient has requested financial assistance from City for fiscal year 1987/1988 from funds available through a community development block grant from the United States of America to City. (b) Sub recipient 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 .Aft, attached hereto and incorporated 21 22 23 24 into this agreement as though fully set forth herein. 2. Pavments. City shall reimburse Sub recipient for allowable costs incurred under the scope of this agreement and 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 $ 12.,500.00 . c 3. Term. ,............. V o This agreement shall commence June 30, 1988 July I, 1987 1 2 and terminate 4,. Use of Funds: Budaet: Travel Limitation. (a) The funds paid to Sub recipient shall be used by -I ....... c' - 00:> (d) Only net payroll shall be periodically reimbursed 1 by City as an allowable cost. Any amounts withheld by 2 Subrecipient from an employee's pay for taxes, social security, 3 or other withholding and not immediately paid over to another 4 entity, shall not be included as wages or expenses eligible for 5 reimbursement as an allowable cost until such time as the 6 withheld taxes, social security, or other withholdings are 7 actually paid over to another entity entitled to such payment. 8 Upon such payment and the submission of evidence of such payment 9 to the City of San Bernardino Community Development Department, 10 such expenses shall be regarded as an allowable cost, and the 11 City shall reimburse Subrecipient for such obligation. 12 (e) A variation in the itemization of costs, as set 13 forth in the proposed budget submitted to City, not to exceed 14 ten percent (10%) as to any particular line item, shall be 15 16 17 18 19 20 within the time period covered by this agreement, and 21 22 23 except as may be authorized to meet commitments made for 24 25 26 27 28 and at such other times as may be requested by the Director of allowed, provided the prior written approval of the Director of Community Development of the City of San Bernardino is obtained, it being understood that the total amount of the grant shall not be varied thereby. (f) The parties intend that grant funds be utilized entitlement to any funds not used shall revert to the city. No reserve for the future shall be established with the funds services provided during the period of this agreement, but not yet paid for at the conclusion of this agreement. 5. Accountinq: Audit. (a) Prior to the final payment under this agreement, -3- c o o ~ 1 Community Development of the City of San Bernardino, 2 Sub recipient shall submit to the Director an accounting of the 3 proposed and actual expenditures of all revenues from whatever 4 source accruing to the organization for the fiscal year ending 5 June 3, 1988. 6 (b) Financial records shall be maintained by 7 Subrecipient in accordance with generally accepted accounting 8 principles, and in a manner which permits City to trace the 9 expenditures of funds to source documentation. All books and 10 records of Subrecipient are to be kept open for inspection at 11 any time during the business day by the City, its officers or 12 agents, and by any representative of the United States of 13 America authorized to audit community development block grant 14 programs.. 15 (c) Standards for financial management systems and 16 financial reporting requirements established by Attachment "F" 17 and Attachment "q" of Office of Management and Budget Circular No. A 110 shall be fully complied with by Subrecipient. Subrecipient acknowledges that the funds provided are federal funds. 18 19 20 21 (d) Subrecipient's financial management system shall 22 provide for accurate, current and complete disclosure of the 23 financial results of each program sponsored by this agreement. 24 It is the responsibility of Subrecipient to adequately safeguard 25 all assets of the program, and Subrecipient shall assure that 26 they are used solely for authorized purposes. 27 (e) In addition to the foregoing, Subrecipient shall 28 at its own expense have the City-funded portion of its program ~ COO ~ audited annually, and provide to City a copy of the audit report 1 within sixty (60) days after receipt of the report by 2 Subrecipient. Such audit must be performed by a Certified 3 Public Accountant or some other independent auditor approved in 4 advance by the City's Director of the Community Development. 5 6. Services Available to Residents: Monitorina and 6 Reoortina proaram Performance. The services of Subrecipient 7 shall be made available to residents and inhabitants of the City 8 of San Bernardino unless otherwise noted in Exhibit ftAft. No 9 person shall be denied service because of race, color, national 10 origin, creed, sex, martial status, or physical handicap. 11 Subrecipient shall comply with Affirmative Action guidelines in 12 its employment practices. Sub recipient shall also monitor the 13 program's activities and submit written reports quarterly, or 14 more often if requested, to the Director of Community 15 Development of the City of San Bernardino, in accordance with 16 Attachment ftHft, Office of Management and Budget Circular No. A 17 110. Failure to provide such quarterly performance reports may 18 prevent the processing by City of Sub recipient's requests for 19 reimbursement, and may justify temporary withholding as provided 20 for in Paragraph 11 hereof. 21 22 23 24 25 26 27 28 7. Procurement Practices: Conflict of Interest. Sub recipient shall comply with procurement procedures and guidelines established by Attachment ftOft to Office of Management and Budget Circular No. A-l02, ftprocurement Standardsft. In addition to the specific requirements of Attachment ftOW to Circular No. A-l02, 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 -5- C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - - - -4 0 .~ :) 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 permissab1e 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 Emplovment Opportunity. 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, Part 3). This act provides that each contractor or subgrantee shall be prohibited from inducing, by any means, any person -6- . 'C employed in the o i 1Q construct on, comp etlon or :> repair of public 1 2 3 4 5 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 6 compliance with Equal Employment Opportunity provisions 7 established by Executive Order 111246 as amended. 8 9 contracts awarded by Subrecipient using funds provided under 9. Prevai1inQ WaQe Requirement. Any construction 10 this agreement in excess of $2,000.00 shall include a provision 11 12 for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a 7) and as supplemented by Department of Labor Regulations 13 (29CFR) . Under this Act, contractors shall be required to pay 14 wages to laborers and mechanics at a rate not less than the 15 16 17 18 19 20 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 21 the wage determination. Sub recipient shall report all suspected 22 or reported violations to City. 23 24 Use of PrOQram 10. Approval of Citv of anv CharQes: Income. City reserves the right to require Subrecipient to 25 obtain the prior written approval of City of any charges or fees 26 to be charged by Subrecipient for services provided under this 27 agreement, and of any rules and regulations governing the 28 provision of services hereunder. Program income represents -7- C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 o o J 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. TemDorarv Withholdinq. 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 25 documents, statistical records, and all other records pertaining 26 to the use of the funds provided under this agreement shall be 27 retained by Subrecipient for a period of three (3) years, at a 28 minimum, and in the event of litigation, claim or audit, the -8- C 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 0 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 Manaqement 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-l02, "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 Sub recipient 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 '-9-" . c c o ~ Common Council are to consider such recommended termination, and 1 2 shall be given a reasonable opportunity to show cause why, if 3 any exists, the agreement should not be terminated for cause. 4 Upon determination by the Mayor and Common Council that the 5 contract should be terminated for cause, notice thereof, 6 including reasons for the determination, shall promptly be 7 mailed to the Subrecipient, together with information as to the 8 effective date of the termination. Such notice may be given 9 orally at that hearing. The determination of the Mayor and 10 Common Council as to cause shall be final. 11 15. Termination for Convenience. City or Subrecipient may 12 terminate this agreement in whole or in part provided both 13 parties agree that the continuation of the project would not 14 produce beneficial results commensurate with further expenditure 15 of funds. In such event, the parties shall agree upon the 16 termination conditions, including the effective date and, in the 17 case of partial terminations, the portion to be terminated. The 18 Sub recipient shall not incur new obligations for the terminated 19 portion after the effective date and shall cancel as many 20 outstanding obligations as possible. City shall allow 21 Subrecipient full credit for the City's share of the non 22 cancellable obligations properly incurred by the. Subrecipient 23 prior to termination. 24 16. Hold Harmless. . Subrecipient agrees to indemnify and 25 save harmless the City and its employees and agents from all 26 liabilities and charges, expenses (including counsel fees), 27 sui~s or losses, however occurring, or damages, arising or 28 growing out of the use of or receipt of funds paid under this -10- c ........ agreement and all r V operations -:) under this agreement. payments 1 under this agreement are made with the understanding that the 2 City is not involved in the performance of services or other 3 activities of the Subrecipient. Subrecipient and its employees 4 and agents are independent contractors and not employees or In the event of any termination, subrecipient 5 agents of City. 6 9 subrecipient and to document the uses of same. 10 11 12 13 14 shall forthwith provide to the Community Development Department 7 any and all documentation needed by the Community Development 8 Department to establish a full record of all monies received by 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. 15 18. Assianment. This agreement shall not be assigned by 16 Subrecipient without the prior written consent of City. 17 18 19 20 21 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: 22 23 24 Director Community Development Dept. City of San Bernardino City Ball, Fifth Floor 300 North "D" Street San Bernardino, Calif. 92418 San Bernardino Vallev College (Senior Impact Program) 701 S. Mt. Vernon San Bernardino, CA 92401 25 26 27 City evidence in the form of a certified copy of minutes of the 20. Evidence of Authoritv. Subrecipient shall provide to 28 governing body of Subrecipient, or other adequate proof, that -11- c o o 1 2 3 . this agreement has been approved in all its detail by the governing body of the Subrecipient, that the person(s) executing it are authorized to act on behalf of Subrecipient, and that this agreement is a binding obligation on Subrecipient. IN WITNESS WHEREOF, the parties hereto have executed this 5 agreement on the day and year first hereinabove written. 6 7 ATTEST: 8 9 10 11 12 13 CITY OF SAN BERNARDINO City Clerk BY: Mayor, of the City of San Bernardino SUBRECIPIENT: By: President U 15 BY: Secretary 16 Approved as to form andleqal content except for Exhibits "A" 17 and ~B. ,(which were not Rubmitted for review): 18 19 20 21 KJH/lb 0068 22 June, 1987 23 2. 25 26 27 28 -lZ- c o o ~ , , Senior Impact Program - Project Narrative Stotus os a "Senior CitIzen," 0 person age " or above. transcends all cultural. ethnic. and economic boundaries. ,The 1980 Census listed 25,1'9 residents of Son Bernardino, fully 211 of the population of the City, os beionging to this group. Projections based upon demographic trends that are alreedy apparent indicate thet this segment of the population will continue to grow in proportion to all other subgroups. Ther. or. several generalized conditions that affect the quality of life available to SenIor Citizens. The earning potential of Senior Citizans is limited and diminishes with age. Thus the Senior who is living at or near the poverty level stands little chance of improving the base standard of living as would a younger person. Health car., and the ability to access car. providers, becomes an increasing concern, A demonstrated trend among Seniors is that they tend to chenge dwellings less frequently. Aspects of planning and design. as attract younger commuters to shop or work In the City, are frequently physical barriers to Seniors who would attempt to utilize the semefaellity. The .ajorlty of recreation projects undertaken by the City are not useful to Seniors; the elements of travel, physical design, and ultimate purpose, deny participation by Seniors. While a younger person can negotiate and utilize facilities designed for Seniors the converse is often not true. . There is no single group that fully represents the interests of Seniors who are residents of San Bernardino. While there are numerous groups that claim to respond to the needs of the Senior community the end result, the quality ot service. Is often questionable. Subsidized non-profit organizations, and those that are private-far-profit, have a vested interest in serving Seniors; their funding is dependent upon the number of clients they serve. The needs of the Senior community ere not fully met by services that are only available 8 AM - 5 PM, Monday through Friday. Many potential service providers lack creditibility in the eyes of Seniors in that their representatives do not und,erstand, or appreciate. the culture and value systems held by Seniors. Studies have shown that the values and behaviors of Seniors are the most static within age group in the society. ~ Due to restrictions In mobility, earning power, ~nd often fears about entering into new (end stressful) situations. the Senior community has remained a paSSive element in San Bernardino. Yet, in recognition of all indicators, the future prosperity of both the City and the Senior community depends upon planning and accomodation for what is becoming an older population. The goal of the Senior Impact Program is threefold; to establish an advocacy grOUp of Seniors for Seniors: who will network within their community to fully avail members of the tremendous skills available within the pool of retired professionals; to establish a non-profit organization to give the Senior community en impact in its future and the future of the City. The mechanism for implementation will involve consultants in gerontology and administration. The goal being to establish on organizetion that will become selfsustaining and which will not depend upon an annual subsidy of City funds. Recruitment and organization will take place over the period of twelve months. The consultants will act os facilitators for a Steering Committee recruited from the Senior community. The administrative consultant will work with the Steering Committee to aid in issues of organization and to identify and enlist sources of private sector funding for continued operation. The implementation of the Senior Impact Program will not only iMprove the quality of life experienced by the Senior community. Through an organizing of the resources within this group referrals to other public sector core providers will be lessened. This will result In a reduction in costs in other areas as will offset the initial start-up cost of the program. . EXHIBIT "A" , ' c o o SENIOR IMPACT PROGRAM Personnel Services Budget Employees: Dorothy L. Gates, Director of Program Thelma Knea (San Bernardino Valley College Foundation). Part-time secretary fcr program. Joseph Kranyak III, Grant Consultant Account to reimburse expenses of the grant consultant for development of funding sources, program implementation and other necessary administrative tasks. Mr. Kranyak will volunteer actual time and seek reimbursement for actual expenses not to exceed $2,000. ~ Salaries $6,000 2,000 2,000