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HomeMy WebLinkAbout21-Community Development .. .. CITY OF SAN BER~RDINO - REQUEST rOR COUNCIL ACTION From: Kenneth J. Henderson, Director Subject: APPRO~AL OF FY 1988/1989 CDBG AGREEMENT BETWEEN CITY AND EASTER SEAL SOCIETY INLAND AREA HEAD INJURY SUPPORT GROUP Dept: Communi ty Development Date: June 30, 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 ~~~ Signature Contact person: Ken Henderson/Lisa Dickey Phone: 5065 Staff Report Ward: 1-7 Supporting data attached: FUNDING REQUIREMENTS: Amount: $15,040.00 Source: (Acct. No.) (Acct. DescriPtion) FY 1988/1989 CDBG ALLOCATION Finance: /ff~~/ d~~~ , . ~ Council Notes: .. d2/; - ,... CITY OF SAN BER~ARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT On May 16, 1988, the Mayor and Common Council conducted the CDBG Public Hearing and considered requests for 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 Easter Seal Society and Inland Area Head Injury Support Group (Head Injury Program) 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. Kenneth J. Henderson Director of Community Development KJH/lab/0996 6-30-88 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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 EASTER SEAL SOCIETY AND INLAND AREA HEAD INJURY SUPPORT GROUP. 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 Easter Seal society and Inland Area Head Injury Support Group, 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 bevelopment Block Grant funds in the following amount of $15,040.00. 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 day of , 1988 by the following vote, to 19 wit: 20 21 22 23 24 25 26 IIII 27 28 Councilpersons AYES: NAYES: ABSENT: City Clerk IIII 6-30-88 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 - RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF P CDBG AGREEMENT BETWEEN THE CITY ~ND EASTER SEAL SOCIETY AND INLA~ \REA HEAD INJURY SUPPORT GROUP. The foregoing resolution is hereby approved this ____ day of , 1988. Mayor, City of San Bernardino Approved as to form and legal content: &~ lab/0999 6-27-88 6-30-88 2 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 ~QB~~M~!:!:r THIS AGREEMENT is entered into effective as of July 19 , 1988, at San Bernardino, California, between the CITY OF SAN BERNARDINO, a municipal corporation, referred to as "City", and EASTER SEAL SOCIETY AND INLAND AREA HEAD INJURY GROUP , 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. Payments. 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 6-30-88 1 _'UI........7,. 11111 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 6-30-88 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~ 24 25 26 27 28 Community Development Block Grant Prograill only, and no portion of the funds granted hereby shall be used for any purpose not specifically authorized by this agreement. (d) Only net payroll shall be periodically reimbursed by City as an allowable cost. Any amounts withheld by Subrecipient from an employee's pay for taxes, social &ecurity, or other withholding and not immediately paid over to another entity, shall not be included as wages or expenses eligible. for reimbursement as an allowable cost until such time as the withheld taxes, social security, or other withholdings are actually paid over to another entity entitled to such payment. Upon such payment and the submission of evidence of such payment to the City of San Bernardino Community Development Department, such expenses shall be regarded as an allowable cost, and the City shall reimburse Subrecipient for such obligation. (e) A variation in the itemization of costs, as set forth in the proposed budget submitted to city, not to exceed ten percent (10%) as to any particular line item, shall be allowed, provided that 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 within the time period covered by this agreement, and entitlement to any funds not expended or obligated shall revert to the City. No reserve for the future shall be established with the funds except as may be authorized to meet commitments made for services provided during the period of this agreement, but 6-30-88 3 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. Accountinq: 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 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. (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 6-30-88 4 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 all assets of the program, and Subrecipi~nt shall assure that they are used solely for authorized purposes. (e) In addition to the foregoing, Subrecipient shall at its own expense have the City-funded portion of its program audited annually, and provide to City a copy of the audit report within sixty (60) days after receipt of the report by Subrecipient. Such audit must be performed by a certified Public Accountant or some other independent auditor approved in advance by the city's Director of the Community Development. 6. Services Available to Residents: Monitoring and Report- ing Program Performance. The services of Subrecipient shall be made available to residents and inhabitants of the City of San Bernardino unless otherwise noted in Exhibit "A". No person shall be denied service because of race, color, national origin, creed, sex, marital status, or physical handicap. Subrecipient shall comply with Affirmative Action guidelines in its employment practices. Subrecipient shall also monitor the program's activities and submit written reports quarterly, or more often if requested, to the Director of Community Development of the City of San Bernardino, in accordance with Attachment "H", Office of Management and Budget Circular No. A 110. Failure to provide such quarterly performance reports may prevent the processing by City of Subrecipient's requests for reimbursement, and may justify temporary withholding as provided for in Paragraph 11 hereof. 7. Procurement Practices: Conflict of Interest. Subrecipient shall comply with procurement procedures and guidelines established by Attachment "0" to Office of Management 6-30-88 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 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 Emplovment Opportunity. All contracts for construction or repair using 6-30-88 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 funds provided under this agreement shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (la.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. prevailinq Waqe Requirement. 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. 6-30-88 7 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 10. Approval of city of any Charqes; Use of Proqram 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. Temporary 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 6-30-88 8 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. Property 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-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 6-30-88 9 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 6-30-88 10 ~ 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. Paymen~s under this agreement are made with the understanding that the City is not involved in the performance of services or other activities of the Subrecipient. Subrecipient and its employees and agents are independent contractors and not employees or agents of City. In the event of any termination, subrecipient shall forthwith provide to the Community Development Department any and all documentation needed by the Community Development Department to establish a full record of all monies received by subrecipient and to document the uses of same. 17. Amendment. This agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this agreement shall not be construed as a waiver of the right to compel enforcement of any provision or provisions. 18. Assiqnment. This agreement shall not be assigned by SUbrecipient without the prior written consent of City. 19. Notices. All notices herein required shall be in writing and delivered in person or sent certified mail, postage prepaid, addressed as follows: 6-30-88 11 - ~ 1 2 3 4 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 Director Easter Seal Society/Inland Area Head Injury Support Group 21401 Box Spring Road Riberside, CA 92507 5 20. Evidence of Authoritv. Subrecipient shall provide to 6 city evidence in the form of a certified copy of minutes of the 7 governing body of Subrecipient, or other adequate proof, that 8 this agreement has been approved in all its detail by the 9 governing body of the Subrecipient, that the person(s) executing 10 it are authorized to act on behalf of Subrecipient, and that 11 this agreement is a binding obligation on Subrecipient. 12 21. Entire Agreement. This agreement and any document or 13 instrument attached hereto or referred to herein integrates all 14 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 IIII IIII 28 6-30-88 12 AGREEMENT~BETWEEN CITY AND EASTER SEAL SOCEITY/INLAND AREA HEAD INJURY SUPPORT GROUP. 1 IN WITNESS WHEREOF, the parties hereto have executed this 2 agreement on the day and year first hereinabove written. 3 ATTEST: 4 5 City Clerk 6 7 8 9 10 11 Approved as to form 12 an~~ 13 14 KJH/lab/0068 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6-30-88 13 CITY OF SAN BERNARDINO BY: Mayor, of the City of San Bernardino SUBRECIPIENT: By: President BY: Secretary EASTER SEAL SOCIETY Head Injury Program PROGRAM NARRATION In the City of San Bernardino there are 75-100 families that are dealing with the Head Injured Survivor. The coalition of Inland Area Head Injury Support Group, Inland Counties Resource Center and Easter Seal Society is working to promote services to the people. Newsletters, Support Group Meetings, indi- vidual counseling, videos, booklets, articles, awareness programs, prevention, Physical Therapy amd Speech/Language Therapy are all part of the program. Working with Inland Counties Resource Center some individuals will become eligible for Occupational Therapy, Job Counseling and Neuropsychological Evaluations. Respite is provided for the care giver when the survivor is participating in programs. The coalition also places great emphasis on educating doctors, nurses and hospital discharge personnel on the services and support available to the Head Injured Survivor and family. School personnel will be given information that would make them alert to students that might be suffering from some type of brain trauma. Awareness and prevention are also important parts of the coalition efforts. Service Goals . Monthly newsletter to 100+ families and professionals in the City of San Bernardino . Monthly meeting of Inland Area Head Injury Support Group, 40-100 people (est. 50% City residents) . Weekly Counseling/Therapy Programs, Screening, Evaluation, Group for family Members and Group for Survivors for low income or other City residents who have not been able to qualify for other rehabilitation services, but still need help because of head injury. (4-8 City residents each week, plus their families receive respite time) . Library open at Easter Seal Society for survivors, their families and others interested in finding out more about the problems and help available. . To let San Bernardino City residents know about the problems of the Head Injured and to suggest where to go for help, if needed; prevention of head injury would be stressed. (Reach thousands of City residents through posters, newspaper articles and other "promotional material") EXHIBIT "A" 6-30-88 EASTER SEAL SOCIETY and INLAND AREA HEAD INJURY SUrlPORT GROUP June, 1988 CDBG FUNDS Fiscal Year 1988/89 Personnel Services Budget . Secretary/Newsletter Library Fran Langston To Be Hired $2,689 + $365 Taxes, FICA $3,044 800 + 96 Taxes, FICA 896 $3,940 Supplies/Materials Budget Newsletters, Meeting Notices, New Materials, Books Booklets, Posters, Information Cards, Educational Materials $3,000 Contracts Budget Marie Martone, Ph.D. Clinical Neuropsychologist 3693 E. Highland Avenue Highland, CA 92346 $625 a month x 12 months = $7,500 To work at Easter Seal Society, one half day each week. To provide for the needs of the ~adlnjured and their families/caregivers. The program will vary according to the needs of the participants. It is anticipated that the program will include Screening, Evaluation, Individual Counseling, Group Counseling for the Head Injured and Group Counseling for the family of Head Injury victims. Other Utilities This is a portion of the telephone bill (about 10%) $ 600 TOTAL BUDGET $15,040 EXHIBIT "B" 6-30-88