HomeMy WebLinkAboutContracts & Agreements_17-1991_CCv0001.pdf V MINUTES OF THE BOARD OF SUPERVISORS
Agree. 91-1017 OF SAN BERNARDINO COUNTY, CALIFORNIA
ECD
Inc. Cities: Redlands
SEPTEMBER 30, 1991
United Way
FROM: THOMAS R. LAURIN, Director
Department of EconGmic And uommunity Development
SUBJECT:CONTRACT WITH THE CITY OF REDLANDS AND THE UNITED WAY OF REDLANDS
AREA, INC. - EAST VALLEY AREA
RECOMMENDATION: Approve contract with the City of Redlands and the
United Way of Redlands Area, Inc. , in the amount of $37,610, to continue
implementation of the East Valley Information and Referral Service (EVIRS)
„Help-On-Call Program".
BACKGROUND INFORMATION: On May 6, ' 1991, as part of the 1991-92 Community
Development Block Grant (CDBG) Plan, the Board of Supervisors approved
$26,560 in funding for the East Valley Information and Referral Service
(EVIRS) "Help-On-Call Program". An additional $11,050, approved by the
Board of Supervisors as part of the 1990-91 CDBG Program, will also be
made available to EVIRS. This contract will extend services for fifteen
months for continuing individual case management services to low-and
moderate-income residents of the communities of Redlands, Yucaipa, Mentone,
Highland, Loma Linda, Bryn Mawr, Oak Glen, and Forest Falls. Through
this program, the clients' needs are matched with service providers,
eliminating duplicative and excess services. The City of Redlands will
assist in monitoring the service provided by EVIRS for compliance with
the contract. On September 3, 1991, the Contract was approved by the
City of Redlands.
REASON FOR RECOMMENDATION: Board of Supervisors' approval of public
service contracts is required.
REVIEW BY OTHERS: This contract was approved by County Counsel on August
2, 1991 (Paul St. John) ; by Risk Management on September 3, 1991 (Kathy
Brill ); by Contract Compliance on September 5, 1991 (Bobby Bivens), and
has been reviewed by staff of the Third Supervisorial District.
FINANCIAL DATA: This contract obligates $37,610 of CDBG funds and has
no effect on the County General Fund.
PRESENTER: Thomas R. Laurin, Director, Ext. 4594.
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14-9507-040 DATED: SEP 3 0
Rev. 10%81 ITEM
FOR COUNTY USE ONLY
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County Department Contract F?e�resontat,,e_ -Ph. Ext. A tajnt C THOMAS R. LAURIN 4594 S 37,610 _
County of fan Bernardino i F{un G}ept. ! C7rraanizatio? Appr, Obi/Rev Source Activit} RC,`Pl1f?JIJ Number
F A SBA ECI1 i PIZflJ 200 20C}5 � 0000714
Commodity Code Estimated Payment Total by Fiscal Year
CONTRACT TRANSMITTAL FY Amount UD FY Amount J/D j
PojecleNam ` 192 $ 37,61fl
Redlands. oat Valley ; —
Information and Referral
ervice-Redlamds United W y
(#111-1.1427)
CONTRACTOR _ UnitedWay of Redlands Area, Inc.
Birth Date_ �i f A Federal ID No, or Social Security No-_ 95-1716789
Contractor's Representative Mr. Robert Baldwin Executive Director
Address__` 555 Cajon Street, Suite B", Redlands, CA 92373 Phone 714-793-2837
Nature of Contract: (Briefly describe the general terms of the contract)
This contract provides for the disbursement of $ 37,610 in Community
Development Block Grant (CDBG) funds to be utilized in continuing the
East Valley Information and Referral Service (Help-On-Call) for low-
and moderate-income residents of Redlands, Yucaipa, Mentone, Highland,
Loma Linda, Bryn Mawr, Oak Glen, and Forest Falls.
The contract terms runs April 1, 1991 through June 30, 1992. Payments
will be made in the form of expenditure reimbursements.
(Attach this transmittal to all contracts not prepared on the "Standard Contract" form.)
Anproved as to Legal Form � Reviewed as to Affirrnanve Acpon #�etiewaed for Process-
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County Co nsei — Agency Administrator/CAO
[late _ � Date � � ._� 1 Date
CONTRACT
This Contract is made and entered into this -'?>(n day of
19 by by and between the County of San Bernardino,
erei after referred to as COUNTY", the City of Redlands, hereinafter referred to
as "CITY", and United Way of Redlands Area, Inc. , a non-profit-- organization,
hereinafter referred to as "UNITED WAY-.
WITNESSETH
WHEREAS, COUNTY has entered into a contract with the United States of America
through its Department of Housing and Urban Development (HUD) to execute the COUNTY' S
Community Development Block Grant (CDBG) Program under the Housing and Community
Development Act of 1974, as amended, hereinafter referred to as the -ACT"; and,
WHEREAS, the San Bernardino County Department of Economic and Community
Development hereinafter referred to as "ECD", is authorized to act on behalf of the
County in administering the County' s CDBG program; and,
WHEREAS, UNITED WAY desires to participate in COUNTY' S CDBG program and is
qualified by reason of experience, preparation, organization, staffing, and
facilities to provide an East Valley Information and Referral Service (Help On Call)
program for the benefit of low-and moderate-income families; and,
WHEREAS, COUNTY and CITY recognize the public benefit in providing such a
program to low and moderate income persons; and,
NOW THEREFORE, in consideration of the mutual covenants herein set forth and
the mutual benefits to be derived therefrom, the parties agree as follows:
1. SCOPE OF...,SERVICES.
UNITED WAY shall provide assistance to low-and moderate-income walk-in and
call-in clients to meet health and human care service needs through case
management on an individual basis, develop a computer based information system
which will identify and match said client needs with service providers,
identify duplicative and excess services, and indicate the need for new
programs and services as set forth in the project description, Exhibit 1 of 7
to this Contract, a copy of which is attached hereto and incorporated herein
by this reference.
2. TIME OF PERFORMANCE.
Said services of UNITED WAY are to commence April 1, 1991 and shall be
completed no later than June 30, 1992.
3. COIPENSATION &ND METHOD_GF P.AYMENT.
1_��
For performance of such services, COUNTY shall provide funds not to exceed
thirty-seven thousand, six hundred ten dollars ($37,610) . This payment shall
constitute full and complete compensation for UNITED WAY' S services under this
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Contract. Said compensation will be paid by CITY out of CDBG funds received
from the Federal Government through the County under the provisions of the
ACT. For the purpose of this Contract, CITY shall disburse compensation and
monitor UNITED WAY' S performance in satisfying the scope of work obligations
under the terms of this Contract.
Disbursement of payments to UNITED WAY shall be made by monthly
reimbursements, contingent upon CITY' S receipt of a monthly summary statement
for each previous months' expenditures which conforms to the Budget Summary,
attached hereto as Contract Exhibit(s) 2 of 7. Monthly expenditure reports
shall be documented with "Audit Ready" supportive evidence of each expenditure
and proof of payment, in accordance with HUD regulations. Reimbursements
shall be limited to the total of approved properly documented expenditures.
Further, each monthly reimbursement shall be evenly amortized over the
remaining term of this Contract unless otherwise approved by ECD.
UNITED WAY must submit said monthly expenditure reports by the fifth calendar
day of every calendar month regardless of expenditure amount. After receipt
by CITY of each properly documented expenditure, CITY will draw a warrant in
favor of UNITED WAY for approved expenditure amount. CITY, will in turn,
submit requests for reimbursement to COUNTY. All requests for reimbursement
shall be supported by proper documentation of expenditures for service
rendered, and shall not be accepted by COUNTY unless so supported.
4. BUDGET SECTION.
No more than the amounts specified in the Budget Summary, attached hereto as
Contract Exhibit 2 of 7, may be spent for the separate cost categories
specified in the Budget Summary without prior written approval of CITY and
COUNTY. Contract Exhibits 3 of 7 and 4 of 7, Budget Justification Parts I and
11, respectively, explain the basis of valuation for each cost category shown
on the Budget Summary.
5. USE OF, FUNDS.
Funds allocated pursuant to this Contract shall be used exclusively for costs
included in UNITED WAYS program budget. Contract funds shall not be used as
security or to guarantee payments for any non-program obligations, nor as
loans for non-program activities.
6. BUDGET MODIFICATIONS.
COUNTY Department of Economic and Community Development Director or his
designee may grant budget modifications to this Contract for the movement of
funds within the budget categories identified in Contract Exhibit 2 OF 7,
Budget Summary, when such modifications:
a. Do not exceed $10,000 per budget cost category;
b. Are specifically requested by UNITED WAY;
C. Do not alter the amount of compensation with this Contract;
d. Will not change the project goals or scope of services;
e. Are in the best interests of COUNTY, CITY, and UNITED WAY in performing
the scope of services under this Contract: and
I. Related to salaries, are in accordance with applicable salary ordinances
or laws.
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7. CHANGES IN GRANT ALLOCATION.
COUNTY reserves the right to reduce the grant allocation when COUNTY' S fiscal
monitoring indicates that UNITED WAY' S rate of expenditure will result in
unspent funds at the end of the program year. Changes in the grant allocation
will be done after consultation with UNITED WAY. Such changes shall be
incorporated into this Contract by written amendments.
8. REVENUE- DISCLOSURE REQUIREMENT.
By its execution of this Contract, UNITED WAY certifies that it has previously
filed with the City and County Department of Economic and Community
Development, a written statement listing all revenue received, or expected to
be received, by UNITED WAY from Federal, State, City or County sources, or
other governmental or private agencies, and applied or expected to offset in
whole or in part any of the costs incurred by UNITED WAY in conducting current
or prospective projects or business activities, including, but not necessarily
limited to, the project or business activity which is the subject of this
Contract. Such statement shall reflect the name and a description of such
project or business activity, the dollar amount of funding provided, or to be
provided, by each and every agency to each such project or business activity,
and the full name and address of each such agency. During the term of this
Contract, UNITED WAY shall prepare and file a similar written statement each
time it receives funding from any agency which is in addition to that revenue
disclosed in UNITED WAY' S initial revenue disclosure statement hereunder.
Such statement shall be filed with the City and County Department of Economic
and Community Development within fifteen (15) calendar days following receipt
of such additional funding. UNITED WAY shall make available for inspection
and audit to COUNTY' S representatives, upon request, at any time during the
duration of this Contract and during a period of five (5) years thereafter,
all of its books and records relating to the operation by it of each project
or business activity which is funded in whole or in part with governmental
monies, whether or not such monies are received through COUNTY. All such
books and records shall be maintained by UNITED WAY at a location in San
Bernardino County. Failure of UNITED WAY to comply with the requirements of
this section of the Contract shall constitute a material breach of contract
upon which COUNTY may cancel, terminate, or suspend this Contract.
9. JOINT FUNDING
For programs in which there are sources of funds in addition to HUD CDBG
funds, UNITED WAY shall provide proof of such funding. CITY and COUNTY shall
not pay for any services provided by UNITED WAY which are funded by other
sources. All restrictions and/or requirements provided in this Contract
relative to accounting, budgeting, and reporting apply to the total program
regardless of funding sources.
10. PROGRAM INCOME
Program income represents net income directly generated from the use of CDBG
funds by UNITED WAY as a result of the activity funded under the terms of this
Contract. When such income is generated by an activity only partially
assisted with CDBG funds, the income shall be prorated to reflect the
percentage of CDBC funds used. UNITED WAY shall retain the use of program
income by returning program income to COUNTY and requesting project budget
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increases for activities authorized under this Contract. Program income shall
be returned to COUNTY within thirty (30) days after: a) disposition or sale of
real or personal property occurs or; b) cumulative program income reaches
increments of one thousand dollars ($1,000) ; or c) the end of each fiscal
year. UNITED WAY shall include the reports required by Paragraph 21, Program
Reporting, all sources and amounts of program income on a monthly and year-to-
date basis.
Program income returned by COUNTY to -UNITED WAY shall be spent by UNITED WAY
on only those costs authorized under this Contract. All provisions of this
Contract shall apply to said use of program income funds. UNITED WAY shall
account for the receipt and use of program income in such a way that program
income is spent on authorized activities before additional CDBG funds are
spent.
Any program income on-hand when this Contract expires or is received after
such expiration, shall be paid to COUNTY.
11. FISCAL LIMITATIONS.
The United States of America through HUD may in the future place programmatic
or fiscal limitation(s) on CDBG funds not presently anticipated. Accordingly,
COUNTY reserves the right to revise this Contract in order to take account of
actions affecting HUD program funding. In the event of funding reduction,
COUNTY may reduce the budget of this Contract as a whole or as to cost
category, may limit the rate of UNITED WAY' S authority to commit and spend
funds, or may restrict UNITED WAYS use of both its uncommitted and its
unspent funds. Where HUD has directed or requested COUNTY to implement a
reduction in funding, in whole or as to cost category, with respect to funding
for this Contract, COUNTY Department of Economic and Community Development may
act for COUNTY in implementing and effecting such a reduction and in revising
the Contract for such purpose. Where COUNTY had reasonable grounds to
question the fiscal accountability, financial soundness, or compliance with
this Contract of UNITED WAY, COUNTY may act to suspend the operation of this
Contract for up to sixty (60) days upon three (3) days notice to UNITED WAY of
his intention to so act, pending an audit or other resolution of such
questions. In no event, however, shall any revision made by COUNTY affect
expenditures and legally binding commitments made by UNITED WAY before it
received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments
are consistent with HUD cash withdrawal guidelines.
12. NONEXPENDABLE PROPERTY.
A record shall be maintained for each item of nonexpendable property acquired
for this program with HUD CDBG funds. This record shall be provided to CITY
and COUNTY upon request. Nonexpendable property shall include tangible
personal property, including but not limited to office equipment, and real
property and any interest in such real property, including any mortgage or
other encumbrance of real property as well as any funds derived from the sale
or disposal of nonexpendable property. Any utilization of funds derived from
the sale or disposition of nonexpendable property must have prior approval of
COUNTY and otherwise comply with all applicable laws and regulations. Upon
termination of this Contract, COUNTY reserves the right to determine the final
disposition of said nonexpendable property acquired for this program with HUD
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CDB G funds, including funds derived therefrom. Said disposition may include
COUNTY taking possession and title of said nonexpendable property.
Nonexpendable personal property means tangible personal property having a
useful life of more than one (1) year and an acquisition cost of $500 or more
per unit.
13. EXPENDABLE PERSONAL PROPERTY
Expendable personal property refers to all tangible personal property other
than nonexpendable personal property. All purchased expendable personal
property with a unit value of $500 or more per unit must have the prior
written approval of the COUNTY Department of Economic and Community
Development Director, or his designee.
14. PURCHA.SE OR LEASE OF NON-EXPENDABLE PROPERTY OR EQUIPMENT.
Upon approval by COUNTY, UNITED WAY shall obtain three documented bids prior
to purchasing or leasing any nonexpendable personal property or equipment over
$500 in unit value and having a life expectancy of more than one (1) year.
Such property shall be properly identified and inventoried and shall be
charged at its actual price deducting all cash discounts, rebates, and
allowances received by UNITED WAY. This inventory shall be provided to COUNTY
upon request.
15. ACgUISITION OF SUPPLIES AND EQUIPMENT.
UNITED WAY may purchase from a related agency/organization only if: (a) prior
authorization is obtained in writing from COUNTY, (b) charges do not exceed
the authorized amount and minimum written specifications are met, (c) a
community related benefit is derived from such UNITED WAY related acquisition,
and (d) no conflict of interest for private gain accrues to UNITED WAY or its
employees, agents or officers.
COUNTY reserves the right to disallow any purchase from any vendor of
supplies, equipment, nonexpendable property or expendable property which is
purchased in whole or in part with funds provided by this Contract. UNITED
WAY may seek prior approval of COUNTY for any such expenditures, and prior
approval which is granted shall be binding on COUNTY unless such expenditure
violates Federal law or regulations or is disallowed by HUD.
16. PURCHASE AND IMMICE DEADLINES.
Purchase of equipment or property must be completed before the last three (3)
months of the initial performance period and all equipment bills are to be
paid before the last two (2) months of this period. No expendable or
nonexpendable property or equipment is to be purchased during the final three
(3) months of the initial performance period unless approved by COUNTY in
writing. Invoices for all obligations incurred under this Contract must be
submitted to COUNTY' S Department of Economic and Community Development Fiscal
Division within sixty (60) days after the initial performance period
termination date or they may not be honored. Exceptions to the preceding
limitations require prior written approval by COUNTY Department of Economic
and Community Development,
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17. TRAVEL AND CONFERENCE RESTRICTIONS
UNITED WAY certifies and agrees that travel and conference expenses for
persons other than employees of UNITED WAY, will not be paid by funds provided
through this Contract. No travel expenses for out-of-state travel shall be
included in---this Contract unless specifically listed in the Budget Summary,
Contract Exhibit 2 of 7, which is attached and incorporated herein. UNITED
WAY further agrees that any travel expense incurred by UNITED WAY which is not
liste& in the Budget Summary shall not be paid by funds provided through this
Contract unless prior written approval of the
Director of COUNTY Department of Economic and Community Development has been
obtained.
18. USE OF FUNDS FOR ENTERTAINMENT, GIFTS, OR FUND RAISING ACTIVITIES.
UNITED WAY certifies and agrees that it will not use funds provided through
this Contract to pay for entertainment, gifts, or fund raising activities.
19. MONITORING.
COUNTY Department of Economic and Community Development Director or his
designee and CITY will conduct periodic program monitoring reviews. These
reviews will focus on the extent to which the planned program has been
implemented and measurable goals achieved, effectiveness of program
management, and impact of the program. Authorized representatives of COUNTY,
CITY, and HUD shall have the right of access to all activities and facilities
operated by UNITED WAY under this Contract. Facilities include all files,
records, and other documents related to the performance of this Contract.
Activities include attendance at staff, board of directors, advisory committee
and advisory board meetings and observation of on-going program functions.
UNITED WAY will permit on-site inspection by COUNTY, CITY, and HUD
representatives, and ensure that its employees and board members furnish such
information, as in the judgement of COUNTY, CITY, and HUD representatives, may
be relevant to the question of compliance with contractual conditions and HUD
directives, or the effectiveness, legality, and achievements of the program.
20. BENEFICIARY LIFICATION.
UNITED WAY agrees to guarantee that 51% of the beneficiaries of the East
Valley Information and Referral Service program identified in Paragraph 1,
Scope of Service, above, meet the U.S. Department of Housing and Urban
Development (HUD) Section 8 (of the United States Housing Act of 1937) Income
Limits. HUD Section 8 Income Limits for the Riverside-San Bernardino PMSA,
define the maximum family income for low-and moderate-income households.
UNITED WAY is responsible for obtaining from COUNTY the said current
applicable HUD Section 8 Income Limits for each year of the Contract term
identified in Paragraph 2, Time of Performance. UNITED WAY shall document the
household income of clients using an -Income Qualification Statement, Exhibit
7
, of 7, for each client served. UNITED WAY shall retain these forms for three
(3) years after conclusion of this Contract.
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21. PROGRAM REPORTING.
UNITED WAY agrees to prepare and submit financial, program progress,
evaluations, and other reports as required by HUD or COUNTY directives.
UNITED WAY shall maintain such property, personnel, financial and other
records and accounts as are considered necessary by HUD or COUNTY to assure
proper accounting for all Contract funds. All UNITED WAY records, with the
exception of confidential client information, shall be made available to
representatives of County and the appropriate Federal agencies. UNITED WAY is
required to submit data necessary to complete the Annual Grantee Performance
Report in accordance with HUD regulations in the format and at the time
designated by COUNTY Director of ECD or his designee. By the fifth (5th) of
each month, UNITED WAY shall include a completed Direct Benefit Activities
form, Exhibit 7 of 7, for the month being reported.
22. ACCOUNTING.
UNITED WAY must establish and maintain on a current basis an adequate accrual
accounting system in accordance with generally accepted accounting principles
and standards.
23. AUDITS.
UNITED WAY is required to arrange for an independent financial and compliance
audit annually for each fiscal year Federal funds are received under this
Contract. Audits must be in compliance with O.M.B. Circular A-133. An audit
may also be conducted by Federal, State or local funding source agencies as
part of the COUNTY' S audit responsibilities. The results of the independent
audit must be submitted to COUNTY within thirty (30) days of completion.
Within thirty (30) days of the submittal of said audit report, UNITED WAY
shall provide a written response to all conditions of findings reported in
said audit report. The response must examine each condition or finding
reported in said audit report. The response must examine each condition or
finding and explain a proposed resolution, including a schedule for correcting
any deficiency. All conditions or finding correction actions shall take place
within six (6) months after receipt of the audit report. COUNTY and its
authorized representatives shall, at all times, have access for the purpose of
audit or inspection, to any and all books, documents, papers, records,
property, and premises of UNITED WAY. UNITED WAY' S staff will cooperate fully
with authorized auditors when they conduct audits and examinations of UNITED
WAY' S program. If indications of misappropriation or misapplication of the
funds of this Contract cause COUNTY to require a special audit, the cost of
the audit will be encumbered and deducted from this Contract budget. Should
COUNTY subsequently determine that the special audit was not warranted, the
amount encumbered will be restored to the Contract budget. Should the special
audit confirm misappropriation or misapplication of funds, UNITED WAY shall
reimburse COUNTY the amount of misappropriation or misapplication. In the
eve-it COUNTY uses the judicial system to recover misappropriated or misapplied
funds, UNITED WAY shall reimburse COUNTY legal fees and court costs in
addition to awards.
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24. ASSIGNMENT.
This Contract is not assignable by UNITED WAY without the express written
consent of CITY. Any attempt by UNITED WAY to assign any performance of the
terms of this Contract shall be null and void and shall constitute a material
breach of this Contract.
25. TERMINATION.AND TERMINATION COSTS.
This Contract may be terminated in whole or in part at any time by either
party upon giving their (30) days notice in writing to the other party.
Agreement must be reached by both parties as to reasons and conditions for
termination in compliance with the provisions of Federal Regulations at 24 CFR
Part 85.44, Termination for Convenience. COUNTY Department of Economic and
Community Development is hereby empowered to give said notice subject to
ratification by the COUNTY Board of Supervisors.
COUNTY may immediately terminate this Contract upon the termination,
suspension, discontinuation or substantial reduction in HUD CDBG funding for
the Contract activity or if for any reason the timely completion of the work
under this Contract is rendered improbable, infeasible or impossible. if
UNITED WAY materially fails to comply with any term of this Contract, COUNTY
may take one or more of the actions provided under Federal Regulation at 24
CFR Part 85.43, Enforcement, which include temporarily withholding cash,
disallowing non-compliant costs, wholly or partly terminating the award,
withholding future awards, and other remedies that are legally available. In
such event, UNITED WAY shall be compensated for all services rendered and all
necessarily incurred costs performed in good faith in accordance with the
terms of this Contract that have been previously reimbursed, to the date of
said termination to the extent that CDBG funds are available from HUD.
26. REVERSION OF ASSETS
Upon Contract termination UNITED WAY shall transfer to COUNTY all CDBG funds
on-hand at the time of expiration and any accounts receivable attributable to
the use of CDBG funds.
All real property acquired or improved in whole or in part with CDBG funds in
excess of $25,000 under this Contract must continue in the use that provides
the service benefits and national objectives for which it was funded until
five years after expiration of this Contract, or such longer period of time as
determined by COUNTY; or it must be disposed of in a manner resulting in a
reimbursement to COUNTY in the amount of the current fair market value of the
property less any portion thereof attributable to expenditures of non-CDBG
funds for the acquisition of, or improvement to, the property.
27. TIME OF PERFORMANCE MODIFICATIONS.
COUNTY Department of Economic and Community Development Director may grant
time of performance modifications to this Contract when such modifications:
a. In aggregate do not exceed twelve (12) calendar months;
b. Are specifically requested by UNITED WAY,-
C. Will not change the project goals or scope of services;
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d. Are in the best interests of COUNTY, CITY, and UNITED LAY in performing
the scope of services under this Contract; and
e. Do not alter the amount of compensation under this Contract.
28, INDEPENDENT CONTRACTOR.
All parties hereto in the performance of this Contract will be acting in an
independent capacity and not as agents, employees, partners, joint venturers,
or associates of one another. The employees or agents of one party shall not
be deemed or construed to be the agent or employees of the other party for any
purpose whatsoever.
29. AFFIRMATIVE ACTION AND CONTRACT COMPLIANCE.
UNITED WAY shall make every effort to ensure that all projects funded wholly
or in part by HUD CDBG funds shall provide equal employment and career
advancement opportunities for minorities and women. In addition, UNITED WAY
shall make every effort to employ residents of the area and shall keep a
record of the positions that have been created directly or as a result of this
program.
San Bernardino County has a goal of 15 percent minority business enterprise
(MBE) and 5 percent women business enterprise (WBE) participation for all
contracts. UNITED WAY agrees to comply with the provisions of the Affirmative
Action Compliance Program of the County of San Bernardino and rules and
regulations adopted pursuant thereto. UNITED WAY shall comply with Executive
Orders 11246, 11375, 11625, 12138, 12432, 12250, Title VII of the Civil Rights
Act of 1964, the California Fair Employment Practice Act, California Public
Contracts Code 2000 and the San Bernardino County M/WBE Policy No. 11-15, and
other applicable Federal, State and County laws, regulations and policies
relating to equal employment and contracting opportunities, including laws and
regulations hereafter enacted. Information on these rules and regulations may
be obtained from the Contract Compliance Officer of the County of San
Bernardino at (714) 387-8894.
30. DISCRIMINATION.
No person shall, on the grounds of race, sex, creed, color, religion, or
national origin, be excluded from participating in, be refused the benefits
of, or otherwise be subjected to discrimination in any activities, programs,
or employment supported by this Contract.
31. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES.
UNITED WAY agrees that it will not perform or permit any religious
proselytizing or political activities in connection with the performance of
this Contract. Funds under this Contract will be used exclusively for
performance of the work required under this Contract and no funds made
available under this Contract shall be used to promote any religious or
political activities.
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32. CONFLICT OF INTEREST.
UNITED WAY, its agents and employees shall comply with all applicable Federal,
State and COUNTY laws and regulations governing conflict of interest. To this
end, UNITED WAY will make available to its agents and employees copies of all
applicable Federal, State, and COUNTY laws and regulations governing conflict
of interest.
UNITED WAY shall furnish to COUNTY, prior to execution of- this Contract, a
written list of all current or proposed subgrantees/subcontractors, vendors,
or personal service providers, including subsidiaries of UNITED WAY. This
list should be limited to those subgrantees/subcontractors, vendors or
personal service providers, including subsidiaries of UNITED WAY, which will
receive $10,000 or more during the term of this Contract. Such a list shall
include the names, addresses, telephone numbers, and identification of
principal party(ies) , and a description of services to be provided. During
the term of this Contract, shall notify COUNTY in writing of any change in the
list of subgrantees/subcontractors, vendors, personal service providers or
subsidiaries of UNITED WAY within fifteen (15) days of change.
33. INDEMNIFICATION.
UNITED WAY agrees to indemnify, defend and hold harmless COUNTY and CITY and
its authorized agents, officers, volunteers and employees, against any and all
claims, or actions arising from acts, errors or omissions of UNITED WAY in
performing services pursuant to this Contract and for any costs or expenses
incurred by COUNTY and CITY on account of any claim therefore.
UNITED WAY shall, at its own cost, expense and risk, defend any legal
proceedings that may be brought against COUNTY or CITY, their officers,
agents, and employees, on any liability, claim or demand and satisfy any
judgement that may be rendered against any of them arising or resulting from
activities of UNITED WAY, its officers, agents, and employees. UNITED WAY
shall assume liability for all and any direct expense incurred in providing
services pursuant to this Contract and shall assume any and all
responsibilities for loss or damage resulting from negligence, injury,
illness, or disease arising out of the provision of services. UNITED WAY,
however, is obligated to promptly notify COUNTY and CITY in writing of the
occurrence of any such loss or damage.
UNITED WAY shall indemnify and hold harmless COUNTY and CITY against any
liability, claims, losses, demands, and actions incurred by COUNTY or CITY as
a result of the determination by the United States Department of Housing and
Urban Development or its successor that activities undertaken by UNITED WAY
under the program(s) fail to comply with any laws, regulations or policies
applicable thereto or that any funds billed by and disbursed to UNITED WAY
under this Contract were improperly expended,
34. INSURANCE "EUIREMENTS.
In order to accomplish the indemnification provided in Section 33, but without
limiting the indemnification, UNITED WAY shall secure and maintain throughout
the term of this Contract the following types of insurance issued by companies
acceptable to the COUNTY Risk Manager and CITY with limits as shown:
10
Workers' Compensation A program of Worker' s Compensation insurance or
a state-approved Self Insurance Program in an amount and form to meet
all applicable requirements of the Labor Code of the State of
California, including Employer' s Liability with $250,000 limits,
covering all persons providing services on behalf of UNITED WAY and all
risks to such persons under this Contract.
Comprehensive General and Automobile Liability Insurance - This coverage
to include contractual coverage and automobile liability coverage for
owned, hired, and non-owned vehicles. The policy shall have combined
single limits for bodily injury and property damage of not less than one
million dollars ($1,000,000) .
Errors and Omissions Liability Insurance - Combined single limits of one
million dollars ($1,000,000) for bodily injury and property damage or
Professional Liability - Professional liability insurance with limits of
at least one million dollars ($1,000,000) per claim and in the
aggregate.
Additional Named Insured - All policies, except for the Workers'
Compensation coverage and Errors and Omissions or Professional
Liability, shall contain additional endorsements naming COUNTY and CITY
employees, agents, volunteers, and officers as additional named insured
with respect to liabilities arising out of the performance of services
hereunder. For Professional Liability coverage COUNTY and CITY shall be
named as designated persons referencing this Contract' s Number on the
policy.
Waiver of Subrogation Rights - UNITED WAY shall require the carriers of
the above required coverage to waive all rights of subrogation against
COUNTY and CITY, their officers, volunteers, employees, contractors and
subcontractors.
Policies Primary and Non-Contributory - All policies required above are
to be primary and non-contributory with any insurance or self-insurance
programs carried or administered by COUNTY or CITY.
Proof of g2ye�rae - UNITED WAY shall immediately furnish certificates of
insurance to ECD evidencing the insurance coverage above required prior
to the commencement of performance of services hereunder. These
certificates shall provide that such insurance shall not be terminated
or expire without thirty (30) days written notice to COUNTY and CITY.
Within sixty (60) days of the commencement of this Contract UNITED WAY
shall furnish certified copies of the policies and endorsements.
35, INSURANCE REVIEW.
The above insurance requirements are subject to periodic review by COUNTY.
COUNT ' s Risk Manager is authorized, but not required, to reduce or waive any
of the above insurance requirements whenever the Risk Manager determines that
arty of the above insurance is not available, is unreasonably priced, or is not
needed to protect the interests of COUNTY. In addition, if the Risk Manager
determines that heretofore unreasonably priced or unavailable types of
insurance coverage or coverage limits become reasonably priced or available,
11
the Risk Manager is authorized, but not required, to change the above
insurance requirements to require additional types of insurance coverage or
higher coverage limits, provided that any such change is reasonable in light
of past claims against COUNTY, inflation, or any other item reasonably related
to COUNTY' s risk.
Any such reduction or waiver for the entire term of this Contract and any
change requiring additional types of insurance coverage or higher coverage
limits must be made by amendment to this Contract. UNITED WAY agrees to
execute any such amendment within thirty (30) days of receipt.
36. COMPLIANCE WITH LAWS.
All parties agree to be bound by applicable Federal, State, and local laws,
ordinances, regulations, and directives as they pertain to the performance of
this Contract. This Contract is subject to and incorporates the terms of the
Act; 24 Code of Federal Regulations, Part 570 and Part 85, Chapter V; U.S.
Office of Management and Budget Circulars A-110, A-122, and A-133.
37. AMENDMENTS: VARIATIONS.
Thiswriting with attachments, embodies the whole of this Contract of the
parties hereto. There are no oral agreements not contained herein. Except as
herein provided, addition or variation of the terms of this Contract shall not
be valid unless made in the form of a written amendment to this Contract
formally approved and executed by both parties.
38. NOTICES.
All notices shall be served in writing. The notices shall be sent to the
following addresses:
County of San Bernardino City of Redlands
Department of Economic CDBG Administrator
and Community Development P.O. Box 3005
474 West Fifth Street Redlands, CA 92373
San Bernardino, CA 92415-0040
United Way of Redlands Area, Inc.
555 Cajon Street, Suite B
Redlands, CA 92373
39. COUNTERPART EXECUTION.
This Contract may be executed in counterparts. When executed, each
counterpart shall be deemed an original irrespective of date of execution.
Said counterparts shall together constitute one and the same Contract.
12
IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of
the day and year written above.
COUNTY OF SAN BERNARDINO CITY OF REDLANDS
By: By: .
man, and 7f' Supervisors Ma)�br
Dated: SEP 3 a 1991 Dated: September 3�, 1991
APPROVED AS TO CONTENT
By:
City torney
Dated:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD UNITED WAY OF REDLANDS AREA, INC.
EARLENE '�[CfEriT -x ..
Clerk _ � `BAac� 'o Supervisors By: 491�
o t cotinry - sf Sin Bernardino Chai man, Boar7 Director
By: Dated:��`�_�
Dated: By
APPROVED �TO,:I, L FQ�ti � ;j' x cuti Director
ter ` _- -
Dated: ���
ALAN S , �:�.... .. "_'`{� ., � � _11 �
County its,
By. G
Dated:
AGMTS/91UWRED.2PT
6/25/91/LP/bjj
8/16/91/LP/bjj
13
EXHIBIT —1 of 7
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
ProjectZActivity Title: Case Number: 111-14427/0714
Referral/Counseling Program - Redlands United Way
Name/Address of Contractor Agency: Date of Issue:
United Way of Redlands X Original: Beginning 4/1/91
555 Cajon Street, Suite B
Redlands, CA 92373 Amendment
PROJECT/ACTIVITY DESCRIPTION
Operation
The East Valley Information and Referral Service (EVIRS) or -Help On Call-, will
connect low-and moderate-income residents of the Eastern San Bernardino Valley with
the health and human services they require. The EVIRS service area will include
Redlands, Yucaipa, Calimesa, Mentone, Highland, Loma linda, Bryn Mawr, Oak Glen and
Forest Falls. EVIRS offices will be located in the Family Services Agency of
Redlands and in a satellite location in Yucaipa. Approximately 150 clients will
access the EVIRS monthly. Services will be provided to walk-in and call-in clients
by two regular staff members and a team of volunteers. Office hours will be from 8
a.m. to 5 p.m. , Monday through Friday.
Referral
The EVIRS will perform an assessment of each client' s needs upon intake in order to
develop a service plan. Service plans will be comprehensive so that clients will be
tracked from their initial contracts with EVIRS, on through the accessing and
attainment of available intermediate and full range services, including health care,
job training, counseling, or rehabilitative agencies. Case management, on a limited
basis, will also be offered by EVIRS. Clients who telephone the office will be given
direct information, however those who present multiple needs will be encouraged to
come into the office and will be given priority attention.
Information Resource Development
EVIRS will maintain a computer system comprised of a COMPAQ Desk Pro 286N and modem
(hardware) , and LOTUS Symphony and WORDPERFECT (software) . These systems will
enable EVIRS to utilize minimal staffing to develop the referral data base, maintain
client records, produce various program reports and client status reports, and
distribute data base information to a network of local agencies for planning and
service purposes. A service provider index has been established, and is organized
by category of service. Reports are generated which identify the level and frequency
of participation by these providers. A client-oriented database has been established
which details client demographics, residence by census tract or homeless designation,
income level and source, family composition, special circumstances such as veteran
or handicapped, needs determination, and other data as needed. The computer system
will ensure effective matching of client needs with services and eliminates
duplicative and excess services.
AGMTS/91UWRED.2PT
EXHIBIT 2 of 7
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Project/Activity Title: Case Number: 111-14427/0714
Referral/Counseling Program - Redlands United Gray
Nam/Address of Contractor Agency: Date of Issue: --
United Way of Redlands X Original: Beginning 4/1/91
555 Cajon Street, Suite B
Redlands, CA 92373 Amendment #
BUDGET SUMMARY
COST CATEGORY CDBG SHARE $ OTHER SOURCES $* TOTAL COST $
1) Personnel:
a) Wages 35,380.00 5,336.00 40,716.00
b) Fringe Benefits 2,130.00 7,368.00 9,498.00
2) Consultant/Contract
Services: -0- -0- -0-
3) Travel: -0- 368.50 368.50
4) Space Rental: 100.00 650.00 750.00
5) Consumable Supplies: -0- 1,997.86 1,997.00
6) Rental, Lease of
Purchase of Equipment: -0- -0- -0-
7) Insurance: -0- -0- -0-
8) Other: -0- 684.04 684.04
TOTALS 37.610 16 404,40 54 014.00
*If costs are to be shared by other sources of funding, including CDBG funds from
other jurisdictions, identify the source of funding, grantor/lending agency, and cast
category information.
NOTE: Other sources will be contributed by United Way of Redlands Area, TRW, and
AETITIA.
91LAVRED.2 T
EXHIBIT 3 of 7
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Project Activity Title- -14427/0714
_g� — Case Number: Ill
Referral/Counseling Program - Redlands United Way
NameZAddre,ss of Contractor Agency: Date of Issue:
United Way of Redlands X Original: Beginning 4/1/91
555 Cajon Street, Suite B
Redlands, CA 92373 Amendment
BUDGET JUSTIFICATION - PART I (SUPPLIES/SERVICES)
DESCRIPTION OF ITEM(S.) AND BASIS FOR VALUATION - TOTAL COST $
Budget line
Item #:
4. Space Rental - Paid @ $50 per month to Family 750.00
Service Association - 402 West Colton Avenue
($100 CDBG, $650 other funding sources)
NOTE: Any budget line item(s) other than salaries and fringe benefits
should be detailed above.
EXHIBIT 4 of 7
COUNTY OF SAN BER.NARDI O DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Project/Activity Title: Case Number: 111 -14427/0714
Referral/Counseling Program - Redlands United Way
Name/Address of Contractor Agency: Date of Issue:
United Way of Redlands X Original: Beginning 4/1/91
555 Cajon Street, Suite B
Redlands, CA 92373 Amendment #
BUDGET ,JUSTIFICATION - PART IT (PERSONNEL)
A) WAGES:
POSITION/TITLE ACTUAL HOURLY # HOURS MONTHS TO TOTAL CDBG
RATE (SALARY) PER WEER BE EMPLOYED COST $ COST $
Coordinator 13.47/hr 40 3 7,000 7,000
Assistant 7 OOfhr 20 3 1,820 1,820
*Coordinator 13.46 30 12 21,000 17,529
**Assistant 6.98 30 12 10,896 9,031
Subtotal: $40,716 _,35,38O
B) FRINGE BENEFITS:
TOTAL CDBG
TYPE OF COSTS PERCENT OF SALARY/CALCULATIONS COST $ (COST $)
-- FICA .8,820 X 7.65% $3,114.73 $ 674.73
SDI 1,820 X 1.31 23.66 23.66
SITZ Not Applicable
_-- Workman' s Compensation 8.820 X 1.24% 290 61 108.61
Health & Retirement Ins. 8 820 l5% 6,069.00 1. 323.00
Subtotal: 9 498.002 130.00
TOTAL COST OF PARTS A & B (Must be the
same as Budget Line Item #1 in Budget Summary) : $37,510.00
The coordinator position continues at 40 hours per week, however, beginning
7/1/91 only 30 hours will be picked up by the Cite of Redlands. Ten hours
will be spent in Yucaipa and will, not be charged to the Redlands project.
The assistant' s hours increase by 10 hours per week effective 7/1/91.
i
I
EXHIBIT 5 of 7
COUNTY OF SAN BEE2NARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
Project/Activity Title: Case Number: 111-14427/0714
Referral/Counseling Program - Redlands United Way
Name/Address of Contractor Agency: Date of Issue:
United Way of Redlands X Original: Beginning 4/1/91
555 Cajon Street, Suite B
Redlands, CA 92373 Amendment
INSURANCE INVENTORY
PRIMARY INSURANCE POLICY
Name of Contractor' s Insurance Company
Effective Dates of Policy
Claims Made Policy / / Per Occurrence Policy
Limits of Liability
Deductibles:
Per Occurrence
Annual Aggregate
Additional Insured Endorsement Attached Yes No
Certified Copy of Policy Attached Yes No
Certificate of Insurance Attached Yes No
EXCESS/UMBRELLA POLICY
Name of Contractor' s Insurance Company
Effective Dates
Limits of Liability
Underlying Coverage Limits
Name of Underlying Company
Additional Insured Endorsement Attached: Yes No
Certified Policy (copy of) Attached Yes No
Certificate of Insurance Attached Yes No
EXHIBIT 6 of 7
COUNTY OF SAN BERNARDINO DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT
ProjectZActivity Title: Case Number: 111-14427/0714
Referral/Counseling Program - Redlands United Way
NameZAddress of Contractor Agency: Date of Issue:
United Way of Redlands X Original: Beginning 4/1/91
555 Cajon Street, Suite B
Redlands, CA 92373 Amendment
INCOME QUALIFICATION STATEMENT
This form has the purpose of providing information needed to qualify the use of Federal
Community Development Grant (CDBG) funds directly benefitting low-and moderate-income
households.
The income limits listed below pertain to the total gross annual income of all household
members from all sources of income. A household may be a group of related or unrelated
individuals occupying the same house with at least one member being the head of household.
Renters, roomers or borders cannot be included as household members.
1991-92 ANNUAL GROSS INCOME LIMIT
Number of Persons Per Household
NO MORE 1 2 3 4 5 6 7 8+
THAN: $20,150 $23,050 $25,900 $28,800 $31,100 $33,400 $35,750 $38,000
1) Total number of persons in household:
2) Is the total annual gross income of your household
- ' less than the amount shown on the above chart for
your household size? YES- NO
3) Number of persons handicapped or disabled:
4) Number of persons 60 years of age or more:
5) Do you identify your household as:
White Black Hispanic American Indian Asian Other
Female Headed
ACKNOWLEDGEMENT AND DISCLAIMER
I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MADE ON THIS FORM ARE
TRUE.
NAME: DATE:
ADDRESS: PHONE NO:
SIGNATURE:
The information you provide on this form is for Community Development Block Grant (CDBG)
program purposes only and will be kept confidential,
91UWRED.2PT
sreofingGranteePerformanceReport an4 Urban Development
Direct Benefit ActivitiOommunityDevopment
Block Grant Program
OMB Approval No,2506-0077(exp.3131/20)
d Granton Grant Nurrtwer F erkyd rrered
County of San Bernardino B-91-UC-Its-0503 From 4/1/91 To 6/30/92
Percent of Total Number of HousoholdslPersons Assisted(column c)who are.
Total Numbar Low and White Black American Asian or Female
Actiyty of Households/ Moderate Low Not Hispanic Not Hispanic fndlan or HHspanlo Pacific Headed
Number Activity Name,Description and Location Persons Assisted Income Income Origin Origin Alaskan Islander Househoid
Native
a b c d e f g h l J k
ill- Bast Valley Information and Referral
14427 Services Help on Call
r-+
^J
O
M
�-J
Retain this record for 3years page of pages formHUD-4949.5(488}
Previous editions are obsolete ref.24 CFR Dart 570 and handbook 6rM0