HomeMy WebLinkAbout19-Community Development
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CI'W OF SAN BERNARDCo - REQUOT FOR COUNCILAc~JON
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From: Kenneth J. Henderson, Director Subject: Approval of FY 1987/1988 CDBG
~eement between City and
Dept: Community Development Teddy Bear Tymes
Date: June 2, 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
k G. &.~
Signature
Contact person: Ken Henderson/Lisa Dickey
Phone:
5065
Supporting data attached: Staff Report
Ward:
1-7
FUNDING REQUIREMENTS:
Amount: 17,321.00
Source:
FY 87/88 CDBG
Allocation
Finance:
Council Notes:
7S.0262
Agenda Item No
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CITe OF SAN BERNARDltlO - REQUE!lT FOR COUNCIL Ac'T.I()N
15.02"
STAFF REPORT
On ~\ay 11, 1987, the Mayor and Common Council conducted the
CDBG Public Hearing and considered requests for financial
assistance for the upcoming fiscal year (19R7/1988). The
Mayor and Common Council, subsequently, held a workshop on
May 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 between Cit~' and Tedlfy' Bear Tymes
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 !-layor to execute the agreement
as described herein.
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Kenneth J. Henderson
Director of Community Development
KJH/lab/0307
6/2/87
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RESOLUTION NUMBER
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZIHG }\N!)
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND TEDDY
BEAR TYMES CHILD CARE CENTER, 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 Teddy Bear Tymes Child Care Center, 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 $17,321.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the and Common Council of the City of San Bernardino
at a
meeting thereof, held on the
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aay or
, 1987, by the fOllowing vote, to wit:
AYES:
Councilpersons
NAYES,
ABSENT~
Cit.y Clerk
6/2/87
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The foregoing resolution is hereby approved this
day of , 1987.
Mayor, City of San Bernardino
Approved as to legal form
and cont.ent:
.~.-.-....
Attorney
6/2/87
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THIS AGREEMENT is entered into effective as of
July 1
, 1987, at San Bernardino, California,
between the CITY OF SAN BERNARDINO, a municipal corporation,
referred to as "City", and
TEDDY BEAR TYMES CHILD CARE, INC.
, a
nonprofit community service organization, referred to as "Sub-
recipient".
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City and Subrecipient agree as follows:
1. Recitals.
(a) Subrecipient has requested financial assistance
from City for fiscal year 1987/1988 from funds available through
12 a community development block grant from the United States of
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America to City.
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15 authorized by this agreement are for valid community development
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(bl
Sub recipient represents that the expenditures
purposes, in accordance with federal law and regulations, and
17 that all funds granted under this agreement will be used for no
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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
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into this agreement as though fully set forth herein.
2.
Payments. City shall reimburse Subrecipient for
23 allowable costs incurred under the scope of this agreement and
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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
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monthly basis, with the total of all such reimbursements not to
exceed $
17,321.00
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1 3. Term. This agreement shall commence Julv 1. 1987
2 and terminate June 30. 1988 .
3 4.. Use of Funds: Budaet: Travel Limitation.
4 (al The funds paid to Subrecipient shall be used by
5 it solely for the purposes set forth in Paragraph l(bl 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
2] 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 (cl Funds shall be used for purposes authorized by
26 the community development block grant program only, and no
27 portion of the funds granted hereby shall be used for any
28 purpose not specifically authorized by this agreement.
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(d) Only net payroll sha};)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
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forth in the proposed budget submitted to City, not to exceed
ten percent (10\) as to any particular line item, shall be
15 allowed, provided the prior written approval of the Director of
16 Community Development of the City of San Bernardino is obtained,
17 it being understood that the total amount of the grant shall not
18 be varied thereby.
19 (f) The parties intend that grant funds be utilized
20 within the time period covered by this agreement, and
21 entitlement to any funds not used shall revert to the City. No
22 reserve for the future shall be established with the funds
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except as may be authorized to meet commitments made for
services provided during the period of this agreement, but not
yet paid for at the conclusion of this agreement.
5. Accountinq: Audit.
(a) Prior to the final payment under this agreement,
and at such other times as may be requested by the Director of
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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
18 No. A 110 shall be fully complied with by Subrecipient.
19 Subrecipient acknowledges that the funds provided are federal
20 funds.
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
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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 ReDortina Proaram Performance. The services of Sub recipient
7 shall be made available to residents and inhabitants of the City
8 of San Bernardino unless otherwise noted in Exhibit .A.. No
9 person shall be denied service because of race, color, national
10 origin, creed, sex, martial status, or physical handicap.
11 Subrecipient shall comply with Affirmative Action guidelines in
12 its employment practices. 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 .H., Office of Management and Budget Circular No. A
17 110. Failure to provide such quarterly performance reports may
18 prevent the processing by City of Sub recipient's requests for
19 reimbursement, and may justify temporary withholding as provided
20 for in paragraph 11 hereof.
21 7. Procurement Practices: Conflict of Interest.
22 Subrecipient shall comply with procurement procedures and
23 guidelines established by Attachment .0. to Office of Management
24 and Budget Circular No. A-102, "Procurement Standards.. In
25 addition to the specific requirements of Attachment .0. to
26 Circular No. A-102, Subrecipient shall maintain a,code or
27 standards of conduct which shall govern the performance of its
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o leers, emp oyees or agents ln contractlng Wlt and expending
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1 the federal grant funds made available to Sub recipient under
2 this agreement. Subrecipient's officers, employees or agents
3 shall neither solicit nor accept gratuities, favors, or anything
4 of monetary value from contractors or potential contractors. To
5 the extent permissable by State law rules, and regulations, the
6 standards adopted by Subrecipient shall provide for penalties,
7 sanctions or other disciplinary actions to be applied for
8 violations of such standards by either the Subrecipient's
9 officers, employees or agents, or by contractors or their
10 agents. Sub recipient shall provide a copy of the code or
11 standards adopted to City forthwith. All procurement
12 transactions without regard to dollar value shall be conducted
13 in a manner so as to provide maximum open and free competition.
14 The Subrecipient shall be alert to organizational conflicts of
15 interest or non-competitive practices among contractors which
16 may restrict or eliminate competition or otherwise restrain
17 trade. Subrecipient agrees to adhere to conflict of interest
18 provisions set forth in 24 CFRSection 570.611 and to the
19 procurement rules specified in Office of Management and Budget
20 Circular No. A 102 Attachment "0" in its expenditure of all
21 funds received under this agreement.
22 8. Anti-Kick Back Provisions: Eaual Emplovment
23 Opportunity. All contracts for construction or repair using
24 funds provided under this agreement shall include a provision
25 for compliance with the Copeland "Anti-Kick Back" Act (18.U.S.C.
26 874) as supplemented in Department of Labor Regulations (29 CFR,
27 Part 3). This act provides that each contractor or subgrantee
28 shall be prohibited from inducing, by any means, any person
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employed in the constructlon, comp etlon or repalr 0 pu lC
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
5 under this agreement shall contain a provision requiring
6 compliance with Equal Employment Opportunity provisions
7 established by Executive Order .11246 as amended.
8 9. prevailino Waoe Requirement. Any construction
9 contracts awarded by Subrecipient using funds provided under
10 this agreement in excess of $2,000.00 shall include a provision
11 for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a
12 7) and as supplemented by Department of Labor Regulations
13 (29CFR). Under this Act, contractors shall be required to pay
14 wages to laborers and mechanics at a rate not less than the
15 minimum wages specified in a wage determination made by the
16 Secretary of Labor. In addition, contractors shall be required
17 to pay wages not less often than once a week. Subrecipient
18 shall place a copy of the current prevailing wage determination
19 issued by the Department of Labor in each solicitation and the
20 award of a contract shall be conditioned upon the acceptance of
21 the wage determination. Sub recipient shall report all suspected
22 or reported violations to City.
23 10. Aooroval of citv of any Charoes: Use of prooram
24 Income. City reserves the right to require Subrecipient to
25 obtain the prior written approval of City of any charges or fees
26 to be charged by Subrecipient for services provided under this
27 agreement, and of any rules and regulations governing the
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provlslon 0 serVlces ereun er. rogram lncome represen s
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1 gross income earned by the Sub recipient from the federally
2 supported activities. Such earnings exclude interest earned on
3 advances and may include, but will not be limited to, income
4 from service fees, sale of commodities, usage and rental fees.
5 These funds shall be used first for eligible program activities,
6 before requests for reimbursement, or shall be remitted to the
7 City. Subrecipient shall remit all unspent program income to
8 the City within thirty (30) days subsequent to the end of the
9 program year (June 30, 1988). Interest earned on funds advanced
10 under the agreement shall be paid to the City.
11 11. TemDorarv WithholdinQ. The Director of the Community
12 Development of the City of San Bernardino is authorized to
13 temporarily withhold the payment of funds to Subrecipients when
14 the Director determines that any violation of this agreement has
15 occurred. Funds shall be withheld until the violation is
16 corrected to the satisfaction of the Director. Subrecipient
17 shall have the right to appeal the decision of the Director to
18 the Mayor and Common Council. The sole grounds for such appeal
19 shall be that no violation of the agreement has occurred.
20 Subrecipient shall file such appeal within fifteen (15) days
21 after such first withholding. The Mayor and Common Council
22 shall set a date for the hearing of such appeal which is within
23 thirty (30) days following the date of filing.
24 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
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records shall be retained until all litigation, claims and audit
1 findings involving the records, have been fully resolved.
2 Records for non-expendable property acquired with federal funds
3 provided under this agreement shall be retained for three (3)
4 years after the final disposition of such property.
5 13. Propertv Manaaement Standards. Non-expendable
6 personal property, for the purposes of this agreement, is
7 defined as tangible personal property, purchased in whole or in
8 part with federal funds, which has useful life of more than one
9 (1) year and an acquisition cost of three hundred dollars
10 ($300.00) or more per unit. Real property means land, including
11 land improvements, structures and appurtenances thereto,
12 excluding movable machinery and equipment. Non-expendable
13 personal property and real property purchased with or improved
14 by funds provided under this agreement shall be subject to the
15 property management standards specified in Attachment wNw of
16 Office of Management and Budget Circular No. A-I02, "Property
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Management standards".
18 14. Termination for Cause. city reserves the right to
19 terminate this agreement and any and all grants and future
20 payments under this agreement in whole or in part at any time
21 before the date of completion of this agreement whenever City
22 determines that the Subrecipient has failed to comply with the
23 conditions of this agreement. In the event City seeks to
24 terminate this agreement for cause, City shall promptly notify
25 the Subrecipient in writing of the proposed termination and the
26 reasons therefore, together with the proposed effective date.
27 Subrecipient shall be given an opportunity to appear before the
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Mayor an Common Counc 1 at the tlme at which the Mayor and
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Common Council are to consider such recommended termination, and
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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 Subrecipient 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
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agreement and all operations under this agreement. payments
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
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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.
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11 only by written agreement signed by both parties, and failure on
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Amendment.
This agreement may be amended or modified
the part of either party to enforce any provision of this
13 agreement shall not be construed as a waiver of the right to
14 compel enforcement of any provision or provisions.
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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
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writing and delivered in person or sent certified mail, postage
19 prepaid, addressed as follows:
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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
Teddy Bear Tymes Child Care, Inc.
2144 Shorter Avenue
San bernardino, CA 92403
20.
Evidence of Authoritv.
Subrecipient shall provide to
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27 City evidence in the form of a certified copy of minutes of the
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governing body of Subrecipient, or other adequate proof, that
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this agreement has been approved in
its detail by the
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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.
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7 ATTEST:
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CITY OF SAN BERNARDINO
BY:
Mayor, of the City of
San Bernardino
City Clerk
SUBRECIPIENT:
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By:
President
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Approved as to fotm and.legal content except for Exhibits "A"
17 and ~B" . (which were not Rubmitted for review):
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BY:
Secretary
21 KJHllb
0068
22 June, 1987
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EXHIBIT "A" - PROGRA~RATlVE FOR CDBOROPOSAL 1987-88
DEVELOPMENT OF TEDDY BEAR TYMES CHILD CARE CENTER
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PURPOSE
Teddy Bear Tymes is a non-profit, public benefit corporation formed for the purpose
of establishing and operating a child care center, including but not limited to:
Provide quality infant and child care in a safe, nurturing environment in which
infants and children can grow and develop; provide carefully planned educational
programs enriching each child's experience; consider the total development of each
child which includes social, emotional, emotional, physical and intellectual needs;
provide and maintain space, equipment, and staff in conformance with California
State licensing requirements for child care centers; and provide in-service training
opportunities for pre-school teachers and aides. The corporation's'Board of Direc-
tors is comprised of representatives from the City/County/State and local community
organizations. '
BACKGROUND
Teddy Bear Tymes was organized by City/County/State employees to address the critical
shortage of quality and affordable infant child care in San Bernardino. In searching
for an appropriate child care center site, Teddy Bear Tymes met with the local YWCA.
The YWCA subsequently agreed to extensively renovate approximately 10,000 square
feet of its facility leasing 4,000 square feet, rent free, to Teddy Bear Tymes for
a period of seven years. The YWCA building renovation project has received a
commitment of approximately $152,000 from the County and City as well as pledges
of donated labor from the San Bernardino/Riverside Trades Unions, the Job Corps,
and the California Conservation Corps. .
SCOPE
Teddy Bear Tymes will provide quality and affordable infant and pre-school child care
for the community of San Bernardino. The Center will give enrollment preference to
families with low to moderate incomes. The corporation is currently conducting a
fee survey of local child care centers providing quality care. The data obtained
will be used as a guide in setting Teddy Bear Tymes fees, with the goal of providing
a sliding fee scale benefiting families with low and moderate incomes.
The Center will serve approximately 88 infants and children from the ages of six
weeKs to five years or until the child is ready for Kindergarten. The Corporation
plans to provide a variety of ~ge-appropriate learning activities for the:cent~r's
chi] dren.
The Center will employ one full time de greed and experienced director and 11 full
time and part time pre-school teachers and aides. It will also reach into the
community for "Grandparent," student, and parent volunteers. Many of these
volunteers will be enrolled in the Center's in-service training program that will
provide them with marketable job skills in the child care industry.
GRANT REQUEST
Exhibit "B" identifies a partial listing of the equipment and supplies needed' by the.
Center prior to licensing. All of the items requested have been thoroughly researched
and selected to provide durable and quality service at a reasonable cost.
Teddy 8ear Tymes is submitting a request for $17,321 that will provide the planned
child care center with required equipment and supplies not funded by other sources.
Revised 6-1-87
EXHIBIT "AM
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CITY OF~N BERNARDINO CD~ROGRAM
TEDDY 8EA~MES CHILD CARE ~TER, INC.
EQUIPMENT PROJECT PROPOSAL - FY1987-88
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INFANT CENTER EQUIPMENT/FURNISHINGS (20 Infants)
Unit Cost Quantity Total Cost
Napping Cots $ 26.25 12 ea $ 315.00
High Chairs 100.00 5 ea 500.00
Changing Tables 266.66 3 ea 800.00
Safety Play Guards 400.00 2 sets 800.00
Potty Chairs 20.00 6 ea 120.00
Rocking Chairs (adult) 150.00 1 ea 150.00
Classroom Tables (toddlers) 130.00 2 ea 260.00
Classroom Chairs (toddlers) 20.00 14 ea 280.00
Cubbie Classroom and Storage Dividers 300.00 1 ea 300.00
$3,525.00
PRE-SCHOOL CENTER EQUIPMENT/FURNISHINGS (68 children)
Napping Cots 26.25 68 ea 1,785.00
Classroom tables 130.00 10 ea 1,300.00
Classroom Chairs 20.00 68 ea 1,360.00
Creat i ve "Wall" Toy Sets 925.00 1 set 925.00
"Parachute," Indoor Play 87.50 2 ea 175.00
Chalkboard 180.00 2 ea 360.00
$5,905.00
OUTDOOR EQUIPMENT/FURNISHINGS
8icycles 120.00 10 ea . 1,200.00
"Tike" 8ikes - toddler 63.00 3 ea 189.00
"Funbooster" Play yard equipment 5,002.00 1 ea 5,002.00
Creative Play for up to 24 children $6,391.00
OFFICE EQUIPMENT/FURNISHINGS
Copier Machine 1,500.00 1 ea 1,500.00
$1,500.00
GRAND TOTAL - 17,321.00
Revised: 6-1-87
eXf}II?I1/3