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CITOOF SAN BERNARDII() - REQUEO FOR COUNCIL AC'T N
From: Kenneth J. Henderson, Director
Subject: Approval of FY 1987/1988 CDBG
Agreement between City and
Inland Counties Family Learning Center
Dept: Community Development
Date: June 3, 1987
Synopsis of Previous Council action:
On May 18,1987, the Mayor and Common Council considered and approved certain
FY 1987/1988 CDBG eligible programs, projects and activities.
Recommended motion:
ADOPT RESOLUTION
Signature
Contact penon:
Ken Henderson/Lisa Dickey
Phone:
5065
Supporting date atteched:
Staff Report
Ward:
1-7
FUNDING REQUIREMENTS:
Amount:
$16,250.00
Source: (ACCT. NO.) FY 1987/1988 CDBG Allocation
(ACCT. DESCRIPTION)
Finance:
Council Noles:
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Agenda Item NO'~ Jf.
CI'f' OF SAN BERNARDI~O - REQUe~T FOR COUNCIL AC-r-'ON
STAFF REPORT
On May 11, 1987, the Mayor and Common Council conducted the
CDBG Public Hearing and considered requests for financial
assistance for the upcoming fiscal year (1987/1988). 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 City and Inl~nd Counties
Family Learning Center 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.
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 AUTHORIZING AND
DIRECTING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDING AGREEMENT BETWEEN TilE CITY OF SAN BERNARDINO AND INLAND
COUNTIES FAMILY LEARNING CENTER.
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 Inland Counties Family Learning Center, 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 $16,250.00.
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
day of
, 1987, by the following vote, to wit:
AYES:
Councilpersons
NAYES:
ABSENT:
City 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 content:
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6/2/87
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THIS AGREEMENT is entered into effective as of
July 1
, 1987, at San Bernardino, California,
3 between the CITY OF SAN BERNARDINO, a municipal corporation,
4
5
6 nonprofit community service organization, referred to as "Sub-
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referred to as "City", and
Inland Counties Family Learning Center
, a
recipient".
City and Sub recipient agree as follows:
1.
Recitals.
(a)
Sub recipient 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
13 America to City.
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(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
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into this agreement as though fully set forth herein.
2. Pavments. City shall reimburse Sub recipient for
23 allowable 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
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monthly basis, with the total of all such reimbursements not to
28 exceed $
16,250.00
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3.
Term.
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This agreement
June 30, 1988
shall commence
July 1, 1987
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Use of Funds: Budaet: Travel Limitation.
The funds paid to Subrecipient shall be used by
(a)
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(d) Only net payroll shall be periodically reimbursed
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by City as an allowable cost.
Any amounts withheld by
2 Sub recipient 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 allowed, provided the prior written approval of the Director of
16
Community Development of the City of San Bernardino is obtained,
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it being understood that the total amount of the grant shall not
be varied thereby.
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within the time period covered by this agreement, and
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(f)
The parties intend that grant funds be utilized
entitlement to any funds not used shall revert to the City. No
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reserve for the future shall be established with the funds
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except as may be authorized to meet commitments made for
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services provided during the period of this agreement, but not
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yet paid for at the conclusion of this agreement.
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5.
Accountinq: Audit.
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and at such other times as may be requested by the Director of
(a)
Prior to the final payment under this agreement,
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1 Community Development of the City of San Bernardino,
2 Subrecipient 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 Sub recipient 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
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
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14 programs..
15 (c) Standards for financial management systems and
16 financial reporting requirements established by Attachment "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.
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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 Sub recipient 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
(d)
Subrecipient's financial management system shall
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the audit
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report
audited annually, and provide to City a copy of
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
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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.
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Subrecipient shall comply with Affirmative Action guidelines in
its employment practices. Sub recipient shall also monitor the
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.
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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
~ officers, employees or agents in contracting with and expending
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1 the federal grant funds made available to Subrecipient 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. Subrecipient 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 Sub recipient 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 CFR Section 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: Equal 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
~ shall be prohibited from inducing, by any means, any person
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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 Sub recipient 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. prevailina Waqe 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. Subrecipient shall report all suspected
22 or reported violations to City.
23 10. Approval of City of any Charaes: Use of Proaram
24 ~ncome. 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 goyerning the
~ provision of services hereunder. Program income represents
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1 gross income earned by the Subrecipient from the federally
2 supported activities. Such earnings exclude interest earned on
3 advances and may include, but will not be limited to, income
from service fees, sale of commodities, usage and rental fees.
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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. Temporarv 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.
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These funds shall be used first for eligible program activities,
before requests for reimbursement, or shall be remitted to the
Subrecipient shall file such appeal within fifteen (15) days
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.
~ 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
~ 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. Prooertv Manaqement 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 "N" of
16 Office of Management and Budget Circular No. A-l02, "Property
17
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
~ Mayor and Common Council at the time 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 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
Subrecipient full credit for the City's share of the non
cancellable obligations properly incurred by the Subrecipient
prior to termination.
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27 sui~s or losses, however occurring, or damages, arising or
~ growing out of the use of or receipt of funds paid under this
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16. Hold Harmless. Subrecipient agrees to indemnify and
save harmless the City and its employees and agents from all
liabilities and charges, expenses (including counsel fees),
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Payments
agreement and all operations under this agreement.
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. Sub recipient and its employees
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and agents are independent contractors and not employees or
In the event of any termination, subrecipient
5 agents of City.
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shall forthwith provide to the Community Development Department
any and all documentation needed by the Community Development
8 Department to establish a full record of all monies received by
9 sub recipient and to document the uses of same.
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17.
Amendment.
This agreement may be amended or modified
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only by written agreement signed by both parties, and failure on
12 the part of either party to enforce any provision of this
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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
Sub recipient 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:
Director
Community Development Dept.
City of San Bernardino
City Hall, Fifth Floor
300 North "D" Street
San Bernardino, Calif. 92418
Inland Counties Family Learning Cntr.
22365 Barton Road, U04 '
Grand Terrace, CA 92324
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26 20. Evidence of Authority. Subrecipient shall provide to
27 City evidence in the form of a certified copy of minutes of the
~ governing body of Subrecipient, or other adequate proof, that
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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.
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ATTEST:
CITY OF SAN BERNARDINO
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BY:
Mayor, of the City of
San Bernardino
City Clerk
SUBRECIPIENT:
By:
President
BY:
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16 Approved as to form and legal content except for Exhibits
17 and ~B. (which were not !'lubmitted for review):
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Secretary
"An
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0068
22 June, 1987
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PROGRAM DESCRIPTION
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Inland Counties Family Learning Center (ICFLC) developed a unique
reunification program called the "Living Center" for handicapped children
ages 2-10 years old, whose behavior problems are too difficult to manage
at home.
The "Living Center" is housed in an attractive five bedroom home in
an upper ililddle class neighborhood in Grand Terrace.
Children with handicaps such as mental retardation, autism, cerebral
palsy and epilepsy, receive intensive behavioral intervention in a safe
supportive and nurturing envlomment for approximately six months while
their parents learn skills to better manage them In preparation for their
return to their own homes.
Until our program was established parental options were to watch their
families fall apart or to place their handicapped child in a long term foster
care placement., a convalescent hospital or a state hospital, which range
in cost to the tax payer from $900 - $3,000 per month. Now families have
an option that helps their child while helping the family learn how to manage
their child at home. The "Living Center" not only improves the quality
of life and prospects for the future of these handicapped children and
families, but also saves thousands of tax payer dollars which without the
"Living Center" would have gone for long term residential or hospital care.
The funds provided by the City of San Bernardino through CDBG
funds will enable Inland Counties Family Learning Center to renovate the
"Living Center" and landscape the yard to improve the safety and function
of the home for the children.
EXHIGIl nAu
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BUDGET
1. Screens for porch
2. Two closet doors, one back door and one porch door
3. A built-in dishwasher
4. A conventional oven and microwave combination
5. Tile flooring in kitchen, dining room and bathrooms
6. Landscaping of the yard to provide a safe play area for
children
7. Repair and replacement of plumbing
8. Shower doors
9. Repair a portion of backyard fence
10. Paint the exterior and Interior of the house
11. Carpet the living room, hall and bedrooms
Total requested from City of San Bernardino
$ 300
300
600
600
1,600
3,700
2,000
200
1,950
3,500
1,500
$16,250
Inland Counties Family Learning Center plans to hire contractors
for all items above. One contractor has agreed to volunteer part of the
labor to do the landscaping. We plan to obtain three bids for the work on
the house and plan to use one contractor to complete it. We will also get
three bids on the landscaping and will 'submit the information to you as
quickly as we receive their bids.
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