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2008-137
1 RESOLUTION NO. 2008-137 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO: {1) APPROVING THE 2008-2009 COMMUNITY 4 DEVELOPMENT BLOCK GRANT (CDBG) APPROPRIATIONS IN 5 ATTACHMENT I AS RECOMMENDED BY THE COMMUNITY DEVELOPMENT CITIZEN ADVISORY COMMITTEE; (2) APPROVING 6 THE 2008-2009 HOME AND EMERGENCY SHELTER GRANT (ESG) APPROPRIATIONS NOTED IN ATTACHMENTS III AND IV; (3) 7 APPROVING THE 2007-2008 CDBG REALLOCATION OF PROGRAM INCOME FUNDS; AND (4) AUTHORIZING THE MAYOR TO EXECUTE 8 AND SUBMIT TO HUD SUCH DOCUMENTS AS REQUESTED BY HUD 9 AND THAT THE CITY MANAGER BE AUTHORIZED TO TAKE ALL NECESSARY ACTIONS FOR THE EXECUTION OF ANY CONTRACTS 10 AND/OR ANCILLARY DOCUMENTS TO EFFECTUATE THESE RECOMMENDATIONS 11 WHEREAS, the City of San Bernardino ("City") is an entitlement city and eligible to 12 participate for Program Year 2008-2009 in the United States Department of Housing and Urban 13 Development's ("HUD") in Community Development Block Grant ("CDBG") Program, an amount 14 equal to $3,503,520, Federal Home Program ("HOME"), in an amount equal to $1,504,168, 15 American Dream Down Payment Initiative ("ADDI") in the amount equal to $9,018 and 16 Emergency Shelter Grant ("ESG") Program in an amount equal to $156,661; and 17 WHEREAS, the Mayor and Common Council of the City of San Bernardino (the "Council") 18 desire to submit to HUD, the City's 2008-2009 Consolidated Annual Action Plan; and 19 WHEREAS, the Council desires to authorize the execution of Contracts to provide a variety 20 of community services through certain public service agencies for the 2008-2009 CDBG, HOME, 21 ADDI and ESG Program Year; and 22 WHEREAS, the Council desires to amend the 2007-2008 Consolidated Annual Action Plan 23 and/or the 2005-2010 Five-Year Consolidated Plan and allocate $143,980 in unappropriated 24 Program Income to public service providers. 25 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 26 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 27 FOLLOWS: 28 1 P_~Agendas~Resolutions~Resolutions~2008\04-21-08 CDBG 2008-2009 Allocations MCC Reso.doc 1 Section 1. That the Council hereby approves the appropriations and recommendations 2 noted in the April 2, 2008, Staff Report and Attachments I, III, and IV pertaining to the allocation of 3 2008-2009 CDBG, HOME and ESG Program Funds. 4 Section 2. That the Council hereby approves the 2008-2009 Consolidated Annual Action 5 Plan. 6 Section 3. That the Council hereby approves an amendment to the 2007-2008 7 Consolidated Annual Action Plan, allocating unappropriated CDBG Program Income Funds, in the 8 amount of $143,980 to fund public service providers. 9 Section 4. That the Mayor be authorized to execute and submit to HUD, all appropriate 10 documents and to take all necessary actions to implement the City's 2008-2009 Consolidated 11 Annual Action Plan, and that the City Manager, on behalf of the City, be authorized to execute the 12 standard CDBG and ESG Agreements with the respective public service agencies, as prepared and 13 approved by the City Attorney, a copy of which is on file with the Agency Secretary, and 14 incorporated herein by reference as though fully set forth at length. 15 Section 5. This Resolution shall take effect upon its adoption and execution in the 16 manner as required by the City Charter. 17 /// 18 /I/ 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 P:\Agendas\Resolutions\Resolutions\2008\04-21-08 CDBG 2008-2009 Allocations MCC Reso.doc 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO: (1) APPROVING THE 2008-2009 COMMUNITY 2 DEVELOPMENT BLOCK GRANT (CDBG) APPROPRIATIONS IN 3 ATTACHMENT I AS RECOMMENDED BY THE COMMUNITY DEVELOPMENT CITIZEN ADVISORY COMMITTEE; (2) APPROVING 4 THE 2008-2009 HOME AND EMERGENCY SHELTER GRANT (ESG) APPROPRIATIONS NOTED IN ATTACHMENTS III AND IV; (3) 5 APPROVING THE 2007-2008 CDBG REALLOCATION OF PROGRAM INCOME FUNDS; AND (4) AUTHORIZING THE MAYOR TO EXECUTE 6 AND SUBMIT TO HUD SUCH DOCUMENTS AS REQUESTED BY HUD 7 AND THAT THE CITY MANAGER BE AUTHORIZED TO TAKE ALL NECESSARY ACTIONS FOR THE EXECUTION OF ANY CONTRACTS g AND/OR ANCILLARY DOCUMENTS TO EFFECTUATE THESE RECOMMENDATIONS 9 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 10 11 Common Council of the City of San Bernardino at a a oint regular meeting thereof, held on 12 the 21st day of April , 2008, by the following vote to wit: 13 Council Members: Ayes Nays Abstain Absent 14 ESTRADA x 15 BAXTER BRINKER x 16 DERRY x 17 KELLEY x 18 JOHNSON x 19 x MC CAMMACK 20 21 Rac el G. Clark, City Clerk 22 The foregoing Resolution is hereby approved this y of April , 2008. 23 24 Pat ck J. Morris, Ma 25 ' y of San Bernardino Approved as to form: 26 27 By: James F. Pe an, City Attorney 28 *lst motion - To approve all except line items 25 & 28 of the CDBG Vote: All Ayes *2nd motion - To approve line items 25 & 28 Vote: All Ayes except McCammack who abstained 3 P:\Agendas\Resolutions\Resolutions12008\04-21-08 CDBG 2008-2009 Allocations MCC Reso.doc ATTACHMENT I COMMUNITY DEVELOPMENT BLOCK GRANT * New Proposal A. Public Service Pro rams/Activit Name-CDCAC Recommendations Amount Children and Youth Services 1. Central Ci Lutheran Mission $12,500 2. Children's Fund, Inc. $12,500 3. Gan Reduction Intervention Team/U ward Bound* $12,500 4. Home of Nei borl Service, Inc. $12,500 5. Lorine's Learnin Academy $12,500 6. Project Life Im act $12,500 7. Provisional Educational Services, Inc.* $12,500 8. St. John's Community Center $10,250 9, San Bernardino National Forest Association* $12,500 10. Servants Heart Outreach* $10,250 11. Youth Action Project, Inc.* $10,250 12. Youth Ho e, Inc. $10,250 13. San Bernardino YMCA $10,250 Senior Services - _ _ _ _ 14. Hi hland Senior Center $10,250 Homeless Services 15. Frazee Community Center $12,500 16. Ma 's Merc Center $12,500 17. O eration Grace, Inc. $ 10,250 Health .Services `' 18. Al-Shifa Clinic, Inc. $12,500 19. Assistance League of San Bernardino $12,500 Job Trainin '/Famil Services 20. Asian-American Resource Center $10,250 Crisis/Counselin Seryc~s 21. Inland AIDS Project* $12,500 22. Miracles In Recove $12,500 23. New House, Inc. $12,500 24. O tion House, Inc. $12,500 25. San Bernardino Sexual Assault Services $12,500 26. Time for Change Foundation $12,500 Genera[ Public Services `" 27. Le al Aid Society of San Bernardino $12,500 28. Westside Brighter Vision Foundation* $10,250 SUB-TOTAL $329,750 B. General Pro osed Pro'ects-Cit /EDA Recommendations Amount 1. Ci Code Enforcement $2,250,300 2. Ci Fire De artment Leases $534,200 3. Business Assistance (EDA) a. Small Business Development Corporation (SBDC) $20,000 b. National Develo ment Council (NDC) $50,000 4. Fair Housin (Mandato ) (EDA) $53,000 5. Section 108 Loan Re a ment (North Arden Guthrie Project) $410,000 SUB-TOTAL $3,317,500 TOTAL $3,647,250 P:1Agendas\Agenda Attachments\Exhibits12008\04-21-08 CDBG Allocations FY08-09.doc 00 Q i r ~ ~ ~ ~ ~ V ~ ~ ~ ~ N ': U v b v ~ v ~ ~' v p r" ~ ~ ~ ~ ~ . ~ v ~ ~ v ~' ~ ~ v v ~ ti O ~ v~ ~ ~ ~ ~ 'b A ~ v ~ P, i p ~' o '> ~'' o a~i ~ b o a~i ~ ~ v ~ ~ ~ a~'i nA'~ ~ -o ~ w ,~ ~ fl" on 4-+ ~ ~-+~ V ~ 3 bA U ~ • r~..,^'n f~" ~' ' s "d A 3-' • ~ `~~' V rn ~ N o O 'b :-~ v O icy, ~ ..r ~ •~~' "d ~--, U O ~ 's.,~.+ .fl ~ ~ a~ 'O a., vOi ~ +~"' 'C op ~ ~ !O" "~" O v ~ .S] ~ v O . ~ 'C7 U ' ~ ~ Q ~ ~ y~ ~ ~ O v s., tz. v O ~ ;.O '••' cc3 ~+-~ ~ .moo r"' O ~ ~' v ~ N _' a~ ~ O U cd N v o V cd O~~ .-. ° A~ U ~ v v bA ~ ~ v ~ t. > p v a, O N O bA ~ c0 U .-~ .,-~ ~ ~ "" ~ U v ''~ ~ ,~ v ~ ~ U ~ ~ vii ~ b U W ~o~~°~,~~~~a~~~U3~,Q.°> .~~x.~v°~,~" ivy ^,~ OU ~ ~ Ny~,x ~ ~ ~ o o ,~ ~ ~ 3 v~,b.~ dui; ~ ~ ~ a :-~ ~s~ ~ ".~ ~ ~"" °' bum ~b''',°~ ~ v ~, " ~ O~, o ° ~ ~ o U v 0 o ° o 0 ~ '' o c o c c o c o 0 o c c ~ ~ N N EJ9 U ~ a> _, N yg ~ ~ ~ N z~ dam o ~Q° ~ ~o o ~ o 0 0 ~ ^ ~ Q N ~ W Q Q ~ p~ ~ ~ ~ ~ Z dW~~r aOC~n ~aoow°...i~ ~ a ~ N .-. ~, -o ..W WOQ"00 ~ ~ -db O V'' vi ~ ~ O v N zwz° ~ ~ 3 ~ 3A~ ~.b ~ ~a ~ ~WO~w O~~H o~v aAOA Q~ `.'U ~ -~ ":~ ,~ ,~ v v U b ~ ~b v a ~ a y u. 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"~, a~i N ~ r/~ Nrn ~ -d Q~^, ',~, ~s U oo ~ ~ O o CL' rrs ~ ~ ~ ~ , ~ ~ ° ~ ~ o ° " U ova ~ ~ ° ~ ~ .b ~ '' i ~ ~' ~ a~i v, ti" .v r, ~ d ~' ,fl ~ U ~ ~ aai o 00 ~^' 3 o P~ ~N '~ ca ~, . o ~ ~Vo°OO~~ o ~ o ~o~ o ~, ~`~d o.~ ~~a ~ ~' a~ U U -- o U ~ ~ a~ ~ rn -~ -rs ~ ~ ca ~ p a~ ~ s., ~ ~ ~ uU`1 ~ ax, ~'~c' ~ ~ ~Z,~ a~cs''Uo~ osa~~~a,..,tn v ~,~ ~ ~ d o ~o~ o~c ~~•wNU,oG .ti .~2 ~,~ N M cll Yr, ~ p, ~ 3 ATTACHMENT III Recommended 2008-2009 HOME Allocation Amount HOME Administration (10%) $150,417 HOME to Qualified Community Housing Dev Org. (15%) $225,625 Homebuyer Assistance Program and Education $480,000 CHDO Operations and Capacity Building (5%) $75,208 Other Housing Programs/Activities $572,918 TOTAL HOME FL;iNDING $1,504,168 P:1AgendasWgenda AttachmentslExhibits\2008\04-21-08 COBG Allocations FY08-09.doc 1 ATTACHMENT IV Recommended 2008-2009 ESG Allocations EMERGENCY SHELTER GRANT Organization 07/08 Amount Amount Funding Re uested Recm'd 1. Central City Lutheran Mission - (Maintenance & Operations) Central City Lutheran $10,000 $20,000 $10,000 Mission (CCLM) opened its doors in 1996 as a community based organization working in the central part of the City; provides transitional housing to homeless HIV clientele. CCLM also provides emergency shelter to men during the winter months. The organization collaborates with other community based organizations throughout the City and County. ESG funds will be utilized for maintenance & operations of their facility located at 1354 North `G' Street. 2. Frazee Homeless Shelter - (Maintenance & Operations) Frazee Community Center $12,000 $12,000 $10,000 provides a homeless shelter for men. Most of Frazee's clients are homeless veterans and up to 17 can be accommodated at one time. The shelter provides job search assistance, transportation when needed and support groups are brought in for counseling. Frazee also provides assistance in the areas of securing social security and Veterans benefits. ESG funds will be utilized to pay a portion of the shelter's utilities and consumable supplies. 3. Mary's Mercy Center - (Essential Services) Mary's Mercy Center offers emergency $20,000 $40,084 $20,000 services to the homeless population that includes: food bags, emergency baby and hygiene needs, and shower and laundry facilities. Mary's began providing emergency showers in 1997. ESG funds will be utilized to pay a portion of staff salaries for their emergency food lunches and shower facility. Miracles in Recovery - (Maintenance & Operations) Funds will be used to pay for essential New $30,000 $9,000 services and maintenance and operation costs to operate the two transitional housing shelters. Proposal The woman's shelter consists of 3 bedrooms and the men's shelter consists of 4 bedrooms. Both facilities contain common kitchen, dining and laundry areas. Upon entry into program, clients are assessed and placed on a Transitional Living Plan. The Plan consists of educational classes, training, substance treatment/counseling, and life skills. Maximum stay in the shelter is 6 months with care rovided 9 months after in-house treatment. 4. New House, Inc. - (Homeless Prevention) Incorporated in 1978, New House, Inc., is one of $14,000 $20,000 $10,661 the first state certified residential treatment facilities for substance abuse located in San Bernardino County. New House, Inc., is the first residential treatment facility in California to allow children in treatment with their parent(s). ESG funds are being requested for the provision of providing short-term subsidies to clients who are living in and participating in New House's Sober Living Programs. New House has two (2) tri-plex buildings in one common area. Each client is prescribed a treatment phase that focuses on emotional, spiritual and mental needs. A Recovery plan is developed for each participant - a 12-step process. ESG funds will be utilized to pay for a portion of rent for New House's participants. 5. Operation Grace - (Maintenance & Operations/Homeless Prevention) Operation Grace is a $9,301 $27,763 $9,000 transitional women's shelter. Shelter occupants are provided with a bed, bedding, a dresser and some closet space. The program is comprehensive and assists women in setting goals and following through on their goal setting. The shelter is staffed with a house manager, who is there to ensure compliance with daily activities and programs. A client can stay at the shelter for up to 3 months, providing that personal goals are being met. ESG funds will pay for a portion of operating costs and rent subsidies to its participants. 6. Option House, Inc. - (Essential Services/Maintenance & Operations) Option House, Inc., $15,000 $42,737 $15,000 provides transitional shelter to females of domestic violence. Option House can accommodate up to 14 women and their children for up to 60 days. There is a resident in- house program that each client must complete. ESG funds are being requested to assist with paying a portion of staff salaries and assist with paying for a portion of the shelter's utility costs. P:WgendasWgenda Attachments\Exhibits12008\04-21-08 CDBG Allocations FY08-09.doc 2 EMERGENCY SHELTER GRANT Organization 07/08 Amount Amount Fundin Re uested Recm'd 7. Salvation Army - (Maintenance & Operations) Salvation Army Hospitality House provides $63,000 $65,000 $62,000 a foil spectrum of homeless services that include: 1) Shelter for women and children 365 nights a year; 2) three meals a day for those living in the shelter; 3) a nightly meal for up to 100 additional people per day; 4) laundry and shower facility; S) tutoring and after school programming for school aged children; S) job training and placement counseling; 6) a savings program whereby upon leaving the shelter, a client has money for securing permanent housing; 7) counseling to assure a stable environment for those moving into their own homes; 8) referrals to Travelers Aid and behavioral health providers; and, 9) paramedics for emergency health care and access to local clinics for other health care needs. 8. Time for Change Foundation - (Essential Services/Maintenance & Operations) Time for $14,000 $28,500 $11,000 Change began their transitional housing program in September 2002. This transitional facility is for women who are exiting prison or on a drug rehabilitation program. Time for Change incorporated in October 2003 as anon-profit organization and expanded its service delivery to include full re-entry services to women and their children. Each participant is required to be in a program that will assist them in obtaining a job, education and ultimately, independent living. ESG funds will be utilized to pay for a portion of utilities and operations costs. TOTAL $156,661 P:WgendaslAgenda AttachmentslExhibits1200810421-08 CDBG Allocations FY08-09.doc 3 --®•» . ''- f :, , , ~ r e. - .l S'° ~ ^ k+*' ~a . . " a~ ' v Y. ~~t~ ~ v ~ W ~ S~~ B {r , , " SM ,,,, , ~, ~ ~ , ~r . '~ i 4 ~ '~. v ~~,.~ `f~`> Y ..,~Y s : fix, ',~ - ,.'~ ~, ^, ~ , - i,~ ~ t~ ~ ~~~a ~ ~,M Lys i~ y, G. 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" ~ ` _a. kk' _ '. n v~ _ - ~ ~ ~ '-~ ~ ` ~ '~ ri., t \ X '~ A ~y~1 i. ,., - _ ~ ~,; „ _ •, ' < ~ - _ t~ v Z . K _ d ='~i~xe~>~Il,-~fi x 4~a~,~-Y`' ~+.tc ii.'x5n~.^;t '`.I - : } _ -s.,.~3 ,,.F~:,,,,,, rc~ .L,..:~ ~X. ",~ i r ti~ ;, F ""k '~ '"~`k~.vlkx 4 - .-~~~k k ~ tom. V ri:'~ ^x.er.- ;S -- ;- ~ i t 1 y ; -.1 "i t`xP Y ; z `kY.Y kA.`a'..Y"" ~ :34V" °r°``~-'*~.,. ., { a ~jF~` 1 Sk '+ a ~' ~ 4 ~ W ~ ~ y~ m,. , ~, ., ., ..,, , _ - ~ - ~ ~, " ;o " Jam" T k n +a ~ ~ V 4 > f_ ~ - - - ~ ~ ' A ~ ~ ~ ~, # >1 ,- '~ ~' ~' ,,, . < ~ ~ ~ ~ .~,~ ~ ~ ~r . ^ ...r ::- _s f - S - , i ' .c_~, CITY OF SAN BERNARDINO CONSOLIDATED ANNUAL ACTION PLAN PROGRAM YEAR 2008-2009 INTRODUCTION .........................................................................................................................1 I. STRATEGY IMPLEMENTATION 2 A. Funding Sources And Available Programs 3 B. Support Of Applications By Other Entities 5 C. Priority Investment Plan 5 D. Non-Housing Community Development Needs E. Geographic Distribution 24 2 F. Service Delivery And Management II. OTHER ACTIONS 24 A. Public Policies 24 B. Institutional Structure 24 C. Public Housing Improvements 25 D. Public Housing Resident Initiatives 25 E. Lead Based Paint Hazard Reduction 25 III. ANTI-POVERTY STRATEGY 26 IV. COORDINATING SERVICES 26 V. PROGRAM/PROJECT MONITORING 26 VI. PROGRAM REQUIREMENTS 26 A. Specific CDBG Grant Program Submission Requirements 26 B. Specific HOME Submission Requirements 28 C. Specific ESG Submission Requirements 29 NOTE: The following Appendixes are on file with Agency Secretary APPENDIX A -Listing of Proposed Projects APPENDIX B -Required Certifications APPENDIX C -Public Comments APPENDIX D -Public Notice APPENDIX E -Grants Application Forms (Form 424) CDBG HOME ESG APPENDIX F - Summary of Specific Annual Objectives CONSOLIDATED ANNUAL A CTION PLAN FOR PROGRAM YEAR 2008-2009 I~1TTl~t~U ~ ~~CTIO?N-~ ., ~, ,~- The City of San Bernardino has provided leadership in developing community strategies for providing decent, affordable housing, a suitable living environment and expanded economic opportunities for all households within our City. The City has developed viable partnerships with the private sector that include: financial institutions, real estate professionals, developers and private businesses. San Bernardino has been at the helm in developing a strong collaboration with for-profit and nonprofit organizations to access federal and state programs to increase housing opportunities for low- and moderate-income households, eliminate blight, and provide necessary public support services for families or individuals in need of assistance, as well as address needed public facilities, infrastructure improvements and entice economic development activities. The City has established its approach of developing goals and objectives that will have along- term stabilizing impact on City neighborhoods through the concentration of resources on eight specific citywide priorities detailed in I. Strateg~plementation. The City involves its citizens in determining needs, issues and the designing of programs and activities to address those needs and issues. The City coordinates the efforts of its City Departments to meet the identified housing needs, and utilizes housing programs and projects to create sufficient visual impact intended to stimulate additional private investment in the City's housing stock and diversified neighborhoods. For 2008-2009 Program Year, the City will be awarded federal entitlement funds in the amount of $5,173,367 under the following programs: Community Development Block Grant (CDBG) Program, $3,503,520; the HOME Partnership Investment Act (HOME) Program, $1,504,168; American Dream Downpayment Initiative (ADDI), $9,018; and $156,661 in the Emergency Shelter Grant (ESG) Funds. The Annual Action Plan contains the following sections: I. Strategy Implementation Strategy Implementation details the City's investment plan for Fiscal Year 2008-2009. The investment plan includes funding sources and available programs, a matrix chart that details funding levels and number of households to be assisted under each priority; the geographic allocation of resources; and a plan for delivery service and management. II. Other Actions Other Actions states the City's proposed actions to ameliorate the negative impacts of public policies, to examine and modify, if necessary, the institutional structure that will improve service delivery, to improve public housing, to undertake public housing resident initiatives and to reduce the hazards associated with lead-based paint. III. Anti-Povert Sy trategy The Anti-Poverty section contains the City's strategy to reduce the number of households with incomes below the poverty line. 1 P:\FORMS\HOUSINO FORMS\CONSOLIDAT ED PLAN\2008-2009\2008.4009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 IV. Coordinating Services This section describes the City's plan to increase and improve coordination between public and private housing and social service agencies located in the City of San Bernardino V. Program/Project Monitoring This Section describes the process the City will undertake to ensure sub-recipients of federal funds are in compliance with federal and local regulations and requirements. VI. Program Requirements Program requirements contain two required certifications that the City will affirmatively further fair housing and is following a residential, displacement and relocation plan. VII. Summary of Citizen Comments Citizens Comments summarizes written comments received during the public review period and describes how comments were addressed, if applicable. ~ ~ ~ ' ~ The mission of the City of San Bernardino is to actively and aggressively improve, develop and maintain quality neighborhoods and provide housing opportunities throughout the City of San Bernardino. The City has identified eight priority areas to pursue and focus on in the Five-Year Consolidated Plan (2005-2010). The Eight Priorities are: Priority #1: Preservation and Rehabilitation of Existing Single Family Dwellings Priority #2: Expand Homeownership Opportunities and Assist Homebuyers with the Purchase of Permanent Affordable Housing (Existing and New Construction) Priority #3: Provide Rental Assistance and Preserve Existing Affordable Rental Housing Priority #4: Assist Homeless and Special Needs Persons with Supportive Services Priority #S: Expansion of "Affordable" Housing Opportunities New Construction Priority #6: Promotion of Economic Development and Employment Opportunities for Low- and Moderate-Income Households Priority #7: Improve and Expand Infrastructure to Meet Current and Future Needs Priority #8: Elimination of Identified Impediments to Fair Housing through Education, Enforcement, and Testing 2 P:\FORMS\HOUSING FORMS\CONSOLIDATED PLAN\2008.2009\2008.2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 The City's strategy is to effectively utilize and aggressively seek federal, state, redevelopment, local and private resources to operate and implement a number of programs to assist households in each of the eight Priority Areas. The following is a detailed chart of funding sources and a summary of each of the priorities listed in the Five-Year Strategy section of the Consolidated Plan. Also included are One Year Objectives that have been established by the City and a proposed plan for service delivery and management. A. FUNDING SOURCES AND AVAILABLE PROGRAMS 1. Funding Sources Anticipated to be Available for Programs and Activities. The financial resources expected to be available to carry out and implement prof ects and activities identified for the 2008-2009 fiscal year are: FEDERAL SOURCES Programs Resources Community Development Block Grant (CDBG) $3,503,520 CDBG Program Income $290,000 HOME Investment Partnership $1,504,168 (American Dream Downpayment Initiative [ADDI]) $9,018 HOME Program Income $211,000 Emergency Shelter Grant ESG $156,661 HUD 202 Capital Grant $12,200,000 Continuum of Care & Shelter Plus Care $7,288,774 San Bernardino Housing Authority Housing Choice Voucher Program $15,487,649 San Bernardino Housing Authority Public Housing $292,960 TOTAL $40,943,750 LOCAL RESOURCES Programs Resources RDA Tax Increment Funds (Approximately) $30,000,000 RDA 20% Housing Funds $6,000,000 City General Fund and State Funds (Refer to Table 7) $87,116,000 TOTAL $123,116,000 NONPROFIT AND FOR PROFIT SOURCES Programs Resources Non Profit Partners In-kind Donations (Approximately) $2,845,092 Developer Investment (Approximately) $151,000,000 Private Lending Institutions (Approximately) $11,935,957 TOTAL $165,781,049 3 P:\FORMS\HOUSING FORMS\CONSOLIDATED PLAN\2008.2009\2008-2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 2. Available Programs for which the City Does Not Intend to Apply. The City of San Bernardino will not apply for the following federal resources during FY 2008/2009: Rural Homeless Housing The City will not apply for Rural Homeless Housing Funds because there are no rural areas located within the City. Competitive Programs Table Support of Applications on the following page indicates that the City will support applications made by other entities for federal grant funds with the exception of Rural Homeless Housing. 3. Circumstances under which the City would not certify that applications of other entities are consistent with the Consolidated Plan: During fiscal year 2008-2009, the City shall support the efforts of San Bernardino County agencies, non-profit and other entities in their applications for funding from all available funding sources. However, the City will not support agencies' applications, if such applications are not consistent with the City's 2005-2010 Consolidated Plan. The circumstances under which the City will not support such applications are: a. There is no demonstrated ability by the applicant to carry out the activity/project in a timely manner. b. Type of activity, size of proposed project, and lack of implementation plan to successfully complete and maintain the project. 4. Plan for Leveraging Private and Non-Federal Funds by Use of Federal Funds. Local funds will be leveraged to the greatest extent possible by using it as "seed money" or local match for programs funded by state or federal government and/or private enterprise. Financial assistance may be provided as grants or loans, and may include equity participation. 5. Matching Fund Requirements. The City was notified that for Program Year 2008-2009, the City is exempt from Matching Fund Requirements relative to the Federal HOME Program. Emergency Shelter Grant (ESG) Program. In-kind resources and private donations will be utilized by the non-profit service providers with the ESG Grant. Other eligible public/private sources will be actively pursued when feasible. 4 P:\FORMS\HOUSING FORMS\CONSO LIDATED PLAN\2008.2009\2008-2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 B. SUPPORT OF APPLICATIONS BY OTHER ENTITIES U.S. Department of Housing and Urban Development CPD Consolidated Plan Support of Applications by Other Entities Report Funding Source Support Application by Other Entities? Formula/Entitlement Programs ESG ~' Public Housing Comprehensive Grant Y Competitive Programs HOPE 1 ~' HOPE 2 Y HOPE 3 Y ESG ~' Supportive Housing ~' HOPWA ~' Safe Havens ~' Rural Homeless Housing N Sec. 202 Elderly ~' Sec. 811 Handicapped Y Moderate Rehab SRO ~' Rental Vouchers Y Rental Certificates ~' Public Housing Development Y Public Housing MROP Y Public Housing CIAP Y LIHTC ~' C. PRIORITY INVESTMENT PLAN The following illustrates activities the City of San Bernardino expects to address and allocate federal funds and other resources in fiscal year 2008-2009. The City will undertake priority needs in terms of local objectives that were identified in the City's Five-Year Consolidated Plan. 5 P:\FORMS\NOUSIN6 FORMS\CONSOLIDAT ED PLAN\2008-2009\2008-2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 Priority #1: Preservation and Rehabilitation o Existin Sin le Famil Dwellin s Under Priority # 1, the City seeks to actively maintain, improve and develop quality neighborhoods and housing opportunities throughout the entire City. The program activities are described in detail in the Five-Year Consolidated Plan. The following table provides the funding source, amount of planned funding, households to be assisted, and activity to be undertaken. TABLE 1 CITY OF SAN BERNARDINO Priorit #1: Preservation and Rehabilitation of Existin Sin le Famil Units Activity Funding Planned Households Undertaken Source Fundin to be Assisted Single-Family Beautification Loan/Grant 100 Program -Neighborhood Housing Services RDA Housing Fund $2,100,000 Households (NHS) Senior Old Timers Grant RDA Housing Fund $100,000 15 Households Utility Assistance Program RDA Housing Fund $75,000 200 Households Sources: City of San Bernardino Staff Estimates. Prlorlty #2: Expand Homeownership Opportunities and Assist Homebuyers with the Purchase of Affordable Permanent Housing (Existing and New Construction) The City will concentrate a portion of its affordable housing funds on providing low- to moderate- income households with the opportunity to own their own home. This effort will be approached with the programmatic tools discussed in the Five-Year Consolidated Plan. Table 2 lists the amount of funding, the Funding Source, and projected number of households to be assisted. American Dream Downpayment Initiative (ADDI) - ADDI was signed into law on December 16, 2003. ADDI funds are used to increase homeownership among lower-income and minority households at 80% and below of area median income. The amount of assistance provided to any family will not exceed the greatest of six percent (6%) of the purchase price of asingle-family housing unit but no more than $10,000. The City will receive $9,018 in ADDI funds and will use these funds in tandem with HOME funds allocated for homeownership assistance. 6 P:\FORMS\HOUSING FORMS\CONSOLIDAT ED PLAN\2008.2009\2008-2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 TABLE 2 CITY OF SAN BERNARDINO Priority #2 -Expand Homeownership Opportunities and Assist Homebuyers with the Purchase of Affordable Housin Permanent Existin and New Construction Activity Undertaken Funding Source Planned Funding Households to be Assisted Homebuyer Assistance Program RDA Housing Fund $1,500,000 (Existing/New Construction- HAP Programs, Federal HOME Funds $400,000 50 Cal State University San Bernardino private Investment $3,000,000 Professor's Homebuyer Program) Paloma I and II -Walnut and West Mt. RDA Housing Fund $1,000,000 137 Vernon Avenues Private Funding $75,000,000 20 Affordable Homebuyer Education HOME Funds $80,000 300 Private Funds $365,000 AGA Properties - 6th and G Streets Private Funds $20,000,000 38 RDA Housing Funds $760,000 10 Affordable Sources: City of San Bernardino Staff Estimates, Private Developers Estimates. P . rrority #3. Pravi~e Rentai.~ssastance artc~Prese~ve .,~xistirig ~ffordahl~~Ren~ixl~.~h4usng Under Priority #3, the City, with the assistance of the Housing Authority of San Bernardino County, will assist very low- and low-income households with rental payments to alleviate rent burden, overcrowding and unsafe or unsanitary living conditions. In addition, the City plans to facilitate the development of new senior rental housing projects for low-income seniors. According to San Bernardino County's Department of Human Services, Transitional Assistance Division, the City has 30.7% of its population on some form of public aid, i.e., Cash Aid, Food Stamps and/or Medical during the year 2007. In addition, according to San Bernardino Unified School District's Research and Statistical Department, of the 57,397 students enrolled, 79.2% qualify for the District's "Free and Reduced Lunch Programs." Three factors that contribute to the increased need for affordable rent and housing are: 1) the decline of "affordable housing" in Los Angeles and Orange Counties causing families to migrate to San Bernardino County; 2) the impact of economic opportunities that plague our local economy; and, 3) the increase in families losing their homes through foreclosure. As a consequence, the City prof ects a high level of need for housing assistance during the 2008-2009 Program Year. Table 3 summarizes the activities to be undertaken, funding sources, funding amounts and proj ected number of households to be assisted. 7 P:\FORMS\HOUSING FORMS\CONSO LIDATED PLAN\2008-2009\2008-2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 TABLE 3 CITY OF SAN BERNARDINO Priorit #3: Provide Rental Assistance and Preserve Existin Affordable Rental Housin Activity Funding Planned Households or Units Undertaken Source Fundin to be Assisted Housing Choice Voucher Program Section 8 $15,487,649 6,507 Highland Lutheran Senior Housing Section 8 $1,000,000 50 RDA Housing Fund $115,000 Public Housing Units Modernization Section 8 $292,960 690 Rental Assistance Program RDA Housing Fund $500,000 130 St. Bernardine's Senior Housing Section 8 $2,000,000 150 Ramona Senior Housing RDA Housing Fund $113,000 42 AHEPA Senior Housing Section 8 $1,200,000 50 Cooperative Senior Housing Section 8 $1,000,000 75 TELACU Senior Housing I, II & III Section 8 $6,000,000 225 HUD 202 Capital $12,500,000 TELACU Senior Housing IV Grant; Section 8; $1,300,000 90 HOME $3,200,000 Sources: City o San Bernardino Sta Estimates; County o San Bernardino Housing Authority Estimates, Private Developer Estimates. -. ~ _ rtvrrty, - ~ ~ ~1ss~st Home. ~ ~' ecial 11~`eed Persons.. wzt~i, -S, ortve ~ ?~ervtGes . , Under Priority #4, the City provides housing assistance and supportive services to San Bernardino's homeless population, "at-risk" population, and other "special needs" population identified by the City and its service providers. Priority #4 includes the City's strategies for transitional and emergency shelters for the homeless, the prevention of homelessness and helping the homeless make a transition to permanent housing. Other services to be funded include child care, senior services, job training, crisis intervention, counseling, medical assistance and after school programs. The following table details the funding sources, planned funding amounts and households to be assisted through various social service programs in fiscal year 2008-2009. 8 P:\FORMS\HOUSING FORMS\CON SO LIDATED PLAN\2008-200912008-2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 The entitlement amount for the 2008-2009 Emergency Shelter Grant (ESG) Program is $156,661. The City also allocated $97,750 in CDBG public service funds for homeless or transitional housing programs. Existing programs that have proven their performance and effectiveness will continue to be a priority for ESG funding during Program Year 2008-2009. The following have been recommended: Central City Lutheran Mission, 1139 Perris Street - $10,000 for the provision of Essential Services for the treatment and counseling of substance abuse. This program services homeless individuals in need of medical treatment and/or counseling. Participants can remain in the program as long as treatment and programs are being followed. ESG funds will be used to pay for a portion of staff salaries. Frazee Homeless Shelter, 1413 Kendall Avenue - $10,000 for the provision of Maintenance & Operations for shelter services. The Frazee shelter provides services to homeless men. The Kendall Avenue site can serve eight individuals at any time. The minimum stay is one (1) night; the maximum stay is six (6) months. Each person enters into a plan to get them back to work or is assisted in securing permanent benefits, i.e., Social Security, veteran's pension, etc. Ninety (90%) of their clients are veterans. ESG funds will be used for utilities and consumable supplies. Mary's Mercy Center, 641 Roberts Avenue - $20,000 for the provision of Essential Services for a day shelter that includes showers, laundry facilities and emergency food bags. Mary's Mercy Center provides a facility for homeless and low-income individuals by offering a drop-in "day center", showers/hygiene, meals, clothing, infant emergency needs and bus passes. Counseling services are provided on a weekly basis. ESG funds will pay for staff and consumable supplies for the day shelter. Operation Grace - $9,000 for the provision of transitional housing for homeless women. Operation Grace provides its shelter occupants with a bed, bedding and dresser. The program is comprehensive and assists women in setting goals. A client can stay up to three (3) months. ESG funds will pay for a portion of operating costs. Option House, Incorporated, PO Box 970 - $15,000 for the provision of Temporary Crisis Intervention Program. Option House is a family/domestic violence intervention and prevention services agency. Program houses up to fourteen (14) women and their children for up to 60 days. Residents live in a ''home-like'' environment and focus on putting their lives back on track. Option House also has a satellite office in the County Courthouse. ESG funds will assist with staff salaries and utility costs. Salvation Army, 845 W. Kingman - $62,000 for the provision of Maintenance & Operations for the Salvation Army's Emergency Shelter. The Salvation Army's shelter can accommodate seventy-four (74) individuals per day. The City's Police Department, social services and hospitals "refer" or "take" clients to the Salvation Army for emergency shelter. A job referral program is also offered. Clients who secure employment are allowed transitional living at the shelter for an extended period of time. ESG funds will be used for staff salaries and consumable supplies. 9 P:IfQIl/lIBIIlOI1I1INa rOl.lolBlCONIOL1DATED PLAN\2110'.20a"JDOI.lGOI ANNUAL ACTION PLAN. DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 Miracles in Recovery - $9,000 for the provision of Essential Services and Maintenance and Operation costs to operate two transitional housing shelters. The woman's shelter consists of 3 bedrooms and the men's shelter consists of 4 bedrooms. Both facilities contain common kitchen, dining and laundry areas. Upon entry into the program, clients are assessed and placed on a Transitional Living Plan. The Plan consists of educational classes, training, substancetreatment/counseling, and life skills. Maximum stay in the shelter is 6 months with care provided 9 months after in-house treatment. New House, Inc., 2075 North Arrowhead Avenue - $10,661 Incorporated in 1978, this organization is one of the first State certified residential treatment facilities for substance abuse. This is the first treatment facility in California that allows children to accompany their parents. ESG funds will assist with security deposits and short-term subsidies to clients who are living in and participating in New House's Sober Living Programs. Time for Change Foundation, 2130 North Arrowhead Avenue, #104B - $11,000 Time for Change began their transitional housing program in September 2002. This transitional housing facility is for women who are exiting drug rehab programs or exiting from prison. In 2003, this organization became a non-profit and expanded its service delivery to include full re-entry services to women and their children. ESG funds will be utilized for utilities and a portion of consumable supplies. New programs that will close gaps in San Bernardino's continuum of care are also a funding priority. Emergency Shelter Grant (ESG) prof ects recommended for funding are consistent with the priorities and needs established in the City's 2005-2010 Five-Year Consolidated Plan. The City will continue to leverage non-HLJD funding sources, i.e., City General funds, Redevelopment Set-Aside funds, Cal- Works funds, as well as state, county and private funding. The City will continue to collaborate closely with Community Action Partners of San Bernardino County, a private, nonprofit, public benefit corporation whose mission is to reduce the causes and conditions of poverty and to develop and implement a coordinated plan to address homelessness in San Bernardino County. Grants for shelter and care programs have been awarded by HUD to nine (9) entities for 2007. These awarded projects will provide homeless services throughout San Bernardino County. The entities are identified as follows: 1) County of San Bernardino Department of Behavioral Health, $3,759,300; 2) Central City Lutheran Mission, $264,210; 3) Foothill Family Shelter, Inc., $102,375; 4) Frazee Community Center, $78,750; 5) Inland Temporary Homes, $1,669,656; 6) Inland Behavioral & Health Services, Inc., $367,063; 7) New Hope Village, Inc., $133,350; 8) Inland Counties Legal Services, Inc., $163,593; and, 9) San Bernardino County Community Action Partnership, $750,477. Clients will be educated on how to access services available in their community, including public health, educational programs and other social service organizations. 10 P:\FORMS\HOUSING FORMS\CONSOLIDATED PLAN\2008.2009\2008.2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 TABLE 4 CITY OF SAN BERNARDINO Priorit #4: Assist Homeless and S ecial Need Persons with Su ortive Services Activity Funding Planned Households Undertaken Source Fundin to be Assisted Central City Lutheran Mission, Frazee ESG $156, 661 2,580 Homeless Shelter, Mary's Mercy Center, CDBG $97,750 Miracles in Recovery, New House, Inc., In-Kind Private $1,075,336 Operation Grace, Option House, Inc., Salvation Donations Army and Time for Change County of San Bernardino Deparhnent of Shelter + Care $7,288,774 450 Behavioral Health, Central City Lutheran Continuum of Care Mission, Foothill Family Shelter, Inc., Frazee Community Center, Inland Temporary Homes, Inland Behavioral & Health Services, Inc., New Hope Village, Inc., Inland Counties Legal Services, Inc., San Bernardino County Community Action Partnership Sources.• City of San Bernardino Staff Estimates, Non-Profit Organizations. Priority-#S: \ ~unsiQn of Aff©rdable .~r~using through ~eiu ~'onstruct~on Under Priority #5, the City will concentrate on the development and construction of affordable housing units for families earning less than one hundred twenty percent (120%) of area median income (AMI). The programs to be utilized under this priority are described in the Five-Year Consolidated Plan. The following table indicates the funding sources, funding amounts and number of households to be assisted. TABLE 5 CITY OF SAN BERNARDINO Priorit #5: Ex ansion of Affordable Housin O ortunities throu h New Construction Activity Funding Planned Households Undertaken Source Fundin to be Assisted San Marcos Paloma Homes, LLC-Phase I Private Funds $37,000,000 42 Walnut and Mt. Vernon Avenue RDA Housing Fund $1,000,000 6 Affordable Units San Marcos Paloma Homes, LLC-Phase II Private Funds $37,000,000 95 Walnut and Mt. Vernon Avenue RDA Housing Fund $1,000,000 14 Affordable Units Homebuyer Education HOME Funds $80,000 300 Private Funds $365,000 AGA Properties - 6`h and G Streets Private Funds $20,000,000 38 RDA Housing Funds $540,000 5 Affordable Units Sources: City of San Bernardino Staff Estimates, Private Developer Estimates. 11 P:\FORMS\HOUSING FORMS\CONSO LIDATED PLAN\2008.2009\2008.2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 D. NON-HOUSING COMMUNITY DEVELOPMENT NEEDS As previously noted in the Non-housing Community Development Needs Assessment, the availability of Community Development Block Grant (CDBG) monies and other resources, will enable the City to allocate funds to specific low-income neighborhood areas that are prone to neighborhood decline and dilapidation. Through this effort the City reduces the risk of obvious delineation of lower income neighborhoods; thereby promoting pride of homeownership and residency in all geographic areas within the City limits and in turn, encouraging the economic empowerment of its low- and moderate-income residents. ~'rior't,~~. #6. , FrvmQtion o Economic Develo' meet, anErn ` to me t .C) ortunities or haw ' ar~d 11~vderate-.fin . one ouseh~vl Two of the City's highest priorities are: (1) to attract industries and employers that provide higher- payingjobs and a wider range of employment opportunities, and (2) to assure that local residents have the necessary skills to fill those jobs. To implement said priorities, the City, in collaboration with other public agencies, such as the San Bernardino Employment and Training Agency (SBETA) and private enterprise developers, will pursue strategies that promote the growth of production industries whose goods or services are sold to state, national, or global markets to bring outside income into the community. SBETA's mission is to train the work force to business specifications and to increase jobs for residents. SBETA partners with industry to produce a competitive work force. The SBETA Agency is under the direction of the Mayor and the Workforce Investment Board, composed of business leaders and educators. SBETA serves both the employer seeking trainable employees and City residents seeking employment opportunities. The primary entity to implement these priorities is the City's Economic Development Agency (EDA). During the 2008-2009 fiscal year, the City's EDA will continue to support job creation, job retention, training, education, downtown revitalization, and infrastructure improvement efforts. Federal assistance in the form of a Section 108 loan, float loans, economic development initiatives and other financing such as redevelopment funds will be the resources that will be sought or used to assist the City in Priority #6. Table 6 details the organizations that the City will contract with for the promotion of economic and j ob creation. 12 P:\FORMS\HOUSING FORMS\CONSO LIDATED PLAN\2008.2DD9\2008-2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 TABLE 6 CITY OF SAN BERNARDINO Priority #6: Promotion of Economic Development and Employment Opportunities for Low- and Moderate-Income Households Activity Funding Planned Jobs Undertaken Source Fundin Created Small Business Development Corporation In-Kind; Private $500,000 25 Institution and CDBG $20,000 National Development Council -Grow San In-Kind; Private $1,250,000 60 Bernardino Institutions and Redevelopment Funds CDBG $50,000 Business Incentive & Downtown Revitalization/ Redevelopment Funds $250,000 200 Facade Program Private Business $500,000 Contributions Sources: City of San Bernardino Staff Estimates, Private Business Owners Estimates. The EDA's mission is to enhance the quality of life for the citizens of San Bernardino by attracting and retaining businesses and j obs, eliminating physical and social blight, and developing a balanced mix of quality housing. Programs offered by the Agency, such as the Inland Empire Small Business Development Corporation, Grow San Bernardino Fund SBA 7 (a) Loan Program and the Small Business Administration 504 Loan Program offer loan amounts for small businesses to expand their businesses or entrepreneurs to start a new business. The principal tool used by the Agency in its eleven (11) prof ect areas is governed by redevelopment law and consists of Owner Participation Agreements known as OPA's and Disposition and Development Agreements known as DDA's. An OPA or a DDA maybe used to provide financial assistance to a project or development over a number of years to be paid out of tax increment. Each one of these agreements is unique to the specific prof ect and intended to make redevelopment of a blighted condition economically viable as well as act as a catalyst for future development in the area. Another program offered by the EDA is the Business Incentive Grant, which seeks to restore economic vitality and investment confidence to the City of San Bernardino. The program offers financial assistance to help business owners and tenants enhance the curb appeal of their businesses by financing exterior improvements to their business properties. The program also provides grants to help business owners retain their current employment levels or expand their current employment levels. The program offers grants reimbursements that are not-to-exceed $10,000. The applicant will be required to match this grant dollar for dollar and will be reimbursed at the completion of all pre-approved improvements. Additional programs offered by the Agency to foster economic growth in the City are as follows: The Business Utility User's Tax Rebate Program rewards new and expanding businesses who create jobs for City residents, increase sales tax revenues and/or increase property values. The program rebates a percentage of the City's utility tax levied on electricity, gas, video and telephone communication services to the business over a period often years. 13 P:\FORMS\HOUSING FORMS\CONSOL[DATED PLAN\2008-2009\2008-2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 The Development/Environmental Review Committee or the D/ERC is a team of specialists from various City Departments who review the detailed technical needs and requirements of proj ects to ensure that the proj ect will comply with all applicable rules and regulations. For many projects, the D/ERC is the review authority and can save time and money for the developer or applicant. The Business Liaison Program assists businesses who encounter difficulties dealing with a City requirement midway through their development or simply need help in interpreting the, at times, complicated development process. The Business Liaison Program helps guide developers and other applicants through the City entitlement process. The Agency undertakes numerous marketing activities designed to enhance the image of the community and attract new development expanding both employment opportunities and the tax base. Activities include the production of print marketing materials, advertising and public relations activities in the printed media, representation of the Agency at targeted trade shows and exhibitions and the production of a weekly, business oriented, television show targeted towards the business community. In addition, the Agency and the City will facilitate the development of the following proposed proj ects or anticipates undertaking the planning efforts to enable these projects to eventually be developed: 1) ARCO AM/PM -Coordinate with El Paseo Petroleum, LLC for the construction of an ARCO AM/PM convenience store (approx 3,500 square feet of retail space, 9 fuel dispensing stations) and automated car wash at the northwest corner of 5th Street and Mt. Vernon Avenue. (Mt. Vernon Redevelopment Project Area). Private investment estimated at $3,500,000 producing 9 jobs. 2) Arden Guthrie Acquisition - Acquisition of 24 blighted fourplex, non-conforming, structures through friendly negotiation, relocation of 96 households into safe and sanitary housing conditions, demolition and clearance of the site for resale major development for a retail power center. 3) Arrowhead Central Credit Union -office campus project on Mill and "E" Streets The two office buildings will total 190,000 square foot and employ approximately 400 people at the new Arrowhead Central Credit Union headquarters. Private Investment estimated at $35,000,000; Agency Investment -approximately $1,400,000. 4) Carousel Mall Conversion -Work with the Developer to establish a viable and sustainable long term reuse project for the 44 acre Carousel Mall site in the middle of downtown jointly owned by the Agency, together with three other private ownerships on different parcels. 5) Century Homes - DDA for the acquisition of approximately 100 acres of Agency owned properly in the Verdemont area for the development of 279 single family homes of approximately 2,200 sq ft each together with new south soccer fields and new trails and parkland totaling 32 acres of open space in the development. 14 P:\FORMS\HOUSING FORMS\CONSOLIDATED PLAN\2008-2009\2008.2009 ANNUAL AC710N PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 6) Cooley Avenue -Serrano Development -DDA for the disposition of 2.5 acres of Agency property to be added to the Developers property for development as an Industrial Park between Cooley Avenue in the south and Orange Show Avenue in the North. 7) Hopkins Development, Verdemont -DDA for the acquisition of approximately 20 acres of city owned surplus property to be transferred to the Agency for disposition to the developer which will then be added to the developer's 35 adj scent acres totaling 55 acres and developed into a regional life-style retail center and a Main Street style restaurant row. 8) La Placita -Coordinate with La Placita on 2nd Street, LLC for the construction of a new 98,000 square foot retail shopping center on the former El Tigre site. (Uptown Redevelopment Project Area) EDA funds, $2,000,000, Private investment estimated at $21,000,000, producing 300 jobs. 9) Hilton Garden Inn -Facilitate construction of a Hilton Garden Inn (approx 95,000 square feet) on property located at the northeast corner Vanderbilt and Waterman Avenue. (Tri City Redevelopment Project Area), Private investment estimated at $15,000,000, producing 35 jobs. 10) Hillwood Project -Coordinate with Hillwood for the construction of the Hillwood project (2.OM square feet of warehouse and distribution facilities) west of the I-215 Freeway on the former Culligan site. (State College Redevelopment Project Area), Private investment estimated at $45,000,000, EDA funds $4,600,000, producing 1,000 jobs. 11) Home Depot -DDA for the acquisition of the Arden Guthrie site for the construction of a 130,000 sq. ft. Home Depot home improvement store along with other related retail and restaurant uses to compliment the youth soccer fields adjacent as well as provide additional parking for the soccer complex. Business Incentive Grant Program -The Business Incentive Grant Program assists business owners, tenants, and property owners to enhance the "curb appeal" of their business storefront by providing funds to complete exterior improvements. The Agency anticipates providing assistance up to twenty- five (25) businesses with their storefront improvements. Public funds allocated for the Program is projected to be $250,000 with private investment funds projected at $500,000. Utility User's Grant Program -The Business Utility User's Tax Rebate Program rewards new and expanding businesses who create jobs, increase sales tax revenues, or increase property values by refunding a percentage of the City's utility taxes paid on electrical, gas, cable, and telephone services to operate their businesses. During program year 2008-2009, the Agency anticipates processing up to two (2) businesses applications utilizing the Utility User's tax rebate equaling approximately $32,000 in financial rebates. California Theatre -The Agency owns and contracts out the maintenance of the Historic California Performing Arts Theatre (the "Theatre"). Plans to begin Phase III for program year 2008-2009. The renovation improvements include, but are not limited to the following items: installation of a fire protection sprinkler system, structural support system for front entry and installation of a pull pipe system. Construction is anticipated to be in excess of $3,000,000 of which $400,000 will be CDBG 15 P:\FORMS\HOUSING FORMS\CONSOLIDATED PLAN\2008-2009\2008-2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY2008-2009 funds. The above referenced economic development projects will facilitate the creation, promotion, and retention of over 1,400 employment opportunities. Priority- # 7: ,~. .,~x~. ~i~~ ~ant~ Im y ,rove .~xisti~ ~ ~arst,~ucture to Meet ~'~rrent and. Futur~`1Veed~ The City's existing five-year Capital Improvement Program (2007-2012) represents a key community and economic development tool to implement the priorities detailed in the Consolidated Plan. The Capital Improvement Program allocates funding for targeted public investments that support revitalization of the City's older neighborhoods and downtown San Bernardino as well as new development projects that will create employment for local residents. The San Bernardino Development Services Department is responsible for the maintenance and improvement of the traffic control system, parks and recreation, public facilities such as fire stations, storm drains, and sewers. Due to recent heavy rain events, some repair work on the City's storm drains and sewer system will be required. During the 2008-2009 fiscal year, the City proposes to spend $87,116,000 on capital improvements detailed in Table 7. The Capital Improvements are funded from a variety of sources that include: Sales Tax Fund, State Funds, Traffic Fees, Developers' Fees, Traffic Systems Fee Fund, Sewer and Storm Drain Fund, Park Fee Funds, as well as the City's General Fund and Federal CDBG Funds. Community Development Block Grant (CDBG) funds will be utilized to fund payment on fire equipment leases and Code Compliance's Neighborhood Revitalization, for the continued effort of revitalizing neighborhoods and substandard living conditions that work in concert with the Redevelopment Agency's housing revitalization program. As an older city, many of the City of San Bernardino's neighborhoods are experiencing signs of decline. As a result, the Code Compliance Department ("Code") has divided the City into six (6) revitalization areas that are located within low-income census tracts. Two (2) Code Compliance officers are assigned to each of the following areas: ¦ Between West 14th Street on the north, West 13th Street on the east and North "K" Street on the west, and the I-215 Freeway on the east. ¦ West Baseline Street on the north, West 9th Street on the south, Western Avenue on the west, and North Mt. Vernon on the east. ¦ 18th Street on the north, 13th Street on the south, North "D" Street on the west, and North Sierra Way on the east. 16 P:\FORMS\HOUSING FORMS\CONSOLIDATED PLAN\2008.2009\2008-2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY2008-2009 ¦ West King Street on the north, West Rialto Avenue on the south, North Mt. Vernon Street on the west, and North "K" Street on the east. ¦ Between North Sierra Way on the north and West 40th Street on the south. ¦ Along the I-215 Freeway between Lakewood Drive and Little Mountain Drive. The Code Compliance officers enforce codes and inform violators that they are not in compliance by issuing citations to rectify the problem. Code Compliance's Neighborhood Revitalization efforts work in concert with the Redevelopment Agency's Housing Revitalization Programs that utilize redevelopment housing set-aside funds. Programs such as: the Single Family Exterior Beautification Grant that assists qualified homeowners with improvements to their properties; the Elderly/Special Needs Minor Repair Grant Program that performs minor and emergency repairs to qualified low-income homeowners. Other programs offered are the Mobile Home Grant Program and the Homebuyer Assistance Program. The Code Compliance Department and the Redevelopment Agency work in tandem with Neighborhood Housing Services of the Inland Empire (NHSIE) one of the City's local non-profit partners that also provide Preventative Maintenance and Homebuyer Education classes to City residents. Seventy two percent (72%) of the City is located within a prof ect area, and to further assist in the Agency's redevelopment efforts local businesses can access the Business Incentive Grant Program. This program assists local business owners, tenants, and property owners with a $10,000 match grant to enhance the exteriors of their buildings. CDBG funds will be utilized for Code Compliance officer's salaries and related expenses as well as for administrative legal proceedings. During the 2008-2009 CDBG program year, the City will conduct approximately 5,000 inspections. Approximately 300 homeowners, renters and businesses are financially assisted by the Agency programs. In addition the Agency allocates up to $300,000 a year for rental assistance to tenants that are displaced for Health & Safety reasons. Many of the City's low-income neighborhoods have higher incidents of code violations. There are a number of factors that influence this higher rate, including an older housing stock, lack of return on income investment, lower income residents with limited or fewer resources for housing maintenance. The City will commit CDBG carryover funds for the clearance and demolition of substandard structures. The City of San Bernardino will strive to improve the commercial and residential environment for its residents by demolishing the most blighted, substandard and hazardous buildings. The focal point will be on buildings that have been vacant for an extended period of time, have deteriorated and become a public nuisance and have lost their viability for reuse. The City will evaluate all current commercial buildings and rank them as far as their condition and capability for reuse. Buildings that have become so deteriorated or out of conformance and have no chance of "reuse" will be prioritized for demolition. Additional priority will be placed on buildings that are unreinforced masonry and buildings that are located on the City's main thoroughfares. 17 P:\FORMS\HOUSING FORMS\CONSOLIDATED PLAN\2008.2009\2008.2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 The Code Compliance Department has identified vacant properties along the City's commercial corridors in the City. In addition, the Building Division has identified buildings throughout the City. Consideration will be given to those vacant buildings that have been vacant for extended periods of time that are experiencing severe deterioration. Priority will also be given to properties that are in close proximity to each other, that will provide the greatest impact and save on demolition costs. The following represents the criteria that will be utilized for prioritization of properties for demolition: 1) condition of property; 2) unreinforced masonry (URM); 3) lack of opportunity for "reuse"; 4) period of neglect; and 5) deteriorating buildings on main thoroughfares. TABLE 7 CITY OF SAN BERNARDINO Priorit #7: Ex and and Im rove Existin Infrastructure to Meet Current and Future Needs The Capital Improvement Program is divided into six major sections as follows: 1. General Buildings 2. Streets and Street Lights 3. Sewer 4. Storm Drains 5. Traffic Controls 6. Parks and Recreation 1. GENERAL BUILDINGS FUNDING SOURCE FY08/09 City Yard Phased Pavement Replacement Refuse Fund/Gas Tax Fund $475,000 Sewer Maintenance Fund City Yard Building Restoration Work Sewer Maintenance Fund $425,000 Refuse Fund City Yard Fence Replacement Refuse Fund/Sewer Maintenance $175,000 Fund/Fleet Fund Central Police Station HVAC Renovation General Fund $100,000 Material Recovery Facility Refuse Fund $250,000 Animal Shelter Renovations & Additions TBD $150,000 TOTAL $1,575,000 2. STREETS & STREET LIGHTING FUNDING SOURCE FY08/09 Bridge & Railing Repairs at Various Sites Gas Tax Fund $25,000 Construct Accessibility Improvements '/2 Cent Sales Tax $500,000 Street Safety Improvements % Cent Sales Tax $50,000 Pavement Rejuvenation Gas Tax Fund $150,000 18 P:\FORMS\HOUSING FORMS\CON SOLIDATED PLAN\2008.2009\2008-2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY2008-2009 2. STREETS & STREET LIGHTING FUNDING SOURCE FY08/09 Miscellaneous Infrastructure Repairs Gas Tax Fund $50,000 Bus Stop Concrete Pads '/2 Cent Sales Tax $25,000 School of the Month Program Gas Tax Fund $50,000 Guardrail Repair '/2 Cent Sales Tax $100,000 Residential Street Repairs Gas Tax Fund $50,000 State Street Construction/Signal Improvement '/Z Cent Sales Tax 5,000,000 Mt. Vernon Avenue Bridge TBeDet Construction Fund $38,696,200 40`x' Street Widening '/2 Cent Sales Tax $950,000 EDA Fund/Federal Demo Funds University Parkway/I-215 Freeway Project Study Hillwood Culligan/Lowes $10,850,000 SANBAG/ Little Mountain Drive Street Improvements Developer Contribution $290,000 Victoria Street Pavement Rehabilitation TBD $130,000 "H" Street Widening TBD $350,000 Street Light Poles & Electrical Systems Replacement Gas Tax Fund $150,000 4`t' Street/5~' Street Y-Intersection % Cent Sales Tax $125,000 Traffic Calming on 4`~ Street Gas Tax Fund $616,000 Landscaping on 4~' Street '/2 Cent Sales Tax $50,000 Rancho Avenue Pavement Rehabilitation TBD $105,000 Mountain Avenue Pavement Rehabilitation TBD $55,000 Rialto Avenue Pavement Rehabilitation TBD $130,000 Rialto Avenue Pavement Rehab Pepper/Eucalyptus TBD $30,000 Tippecanoe Avenue Pavement Rehabilitation TBD $50,000 "H" Street Pavement Rehabilitation TBD $60,000 Auto Plaza Drive Pavement Rehabilitation State Infrastructure Loan $180,000 4~' Street Pavement Rehab "E" Street/Arrowhead Avenue TBD $175,000 Mountain Drive Pavement Rehab TBD $110,000 Kendall Drive Sidewalk Installation TBD $340,000 Rialto Avenue Pavement Rehab LenalTippecanoe Avenue TBD $396,800 19 P:\FORMS\HOUSING FORMS\CONSO LIDATED PLAN\2008.2009\2008-2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 2. STREETS & STREET LIGHTING FUNDING SOURCE FY08/09 Old Waterman Canyon Bridge Replacement FEMA $2,177,400 Construct New Road Little League/Devore Road TBD (Developer Contribution)/ $2,800,000 Campus Prkwy Fencing & PCC Pavement Installation '/2 Cent Sales Tax $160,000 Pavement Rehab on G Street '/2 Cent Sales Tax $360,000 Pavement Rehab on E Street Gas Tax Fund $256,000 Pavement Rehab on D Street Gas Tax Fund $300,000 Pavement Rehab on Siena Way Gas Tax Fund $180,000 Repair Bridge at 2nd Street TBD $350,000 Widening of Central Avenue EDA $200,000 Highland Ave Pavement Rehab Gas Tax Fund $127,100 Pacific Street Pavement Rehab Gas Tax Fund $383,000 Mountain Ave Pavement Rehab Gas Tax Fund $262,500 Widening Pine Avenue Measure I Funds $140,000 TOTAL $67,395,000 3. SEWERS FUNDING SOURCE FY08/09 Sewer Main Extension Sewer Line Construction $50,000 Sewer Main Sewer Line Construction $100,000 Sewer Manhole Rehabilitation Sewer Line Construction $50,000 Sewer Siphons Flushing Sewer Line Construction $20,000 Miscellaneous Sewer Repairs Sewer Line Construction $250,000 Waterman Avenue Install Relief Sewer Sewer Line Maintenance $380,000 Sierra Way Sewer Replacement/Repair Sewer Line Maintenance $700,000 Northpark Boulevard Sewer ReplacementlRepair Sewer Line Maintenance $910,000 San Bernardino Ave Sewer Main Replacement Sewer Line Maintenance $1,325,000 Laurelwood Dr. Study for New Sewer Sewer Line Maintenance $475,000 27`~ Street Sewer Main Replacement Sewer Line Maintenance $161,000 13~' Street & G Street Sewer Main Replacement Sewer Line Maintenance $1,100,000 TOTAL $5,521,000 20 P:\FORMS\HOUSING FORMS\CONSO LIDATED PLAN\2008-2009\2008-2009 ANNVAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 4. STORM DRAINS FUNDING SOURCE FYOB/09 Cross Gutters and Drainage Inlet Repairs Storm Drain Construction $50,000 Box Culvert Repairs Storm Drain Construction $50,000 Cleaning Storm Drain/Debris Basins Storm Drain Construction $50,000 Cleaning of Channels Storm Drain Construction $50,000 Base Line Street Storm Drain Storm Drain Construction $400,000 State Street Storm Drain Storm Drain Construction $421,300 Orange Street Channel Reconstruction Storm Drain Construction $400,000 40~' Street Storm Drain Repair Storm Drain Construction $100,000 TOTAL $1,521,300 5. TRAFFIC CONTROLS FUNDING SOURCE FY08/09 City Wide Traffic Signal Improvements Traffic Systems Fee $150,000 Traffic Signals Battery Back-up Systems Traffic Systems Fee $30,000 Highland Avenue/Central Avenue Traffic Signal Traffic Systems Fee $185,700 Mt. Vernon Avenue Interconnect Traffic Systems Fee $120,000 Fluorescent School Zone Signs SR2S Grant $130,500 13~' Street/Mt View Avenue Traffic Signals SR2S Grant $135,000 Northpark Boulevard/Sierra Drive Traffic Signal Traffic Systems Fee $135,000 Waterman Avenue/Olive Street Traffic Signal Traffic Systems Fee $140,000 "E" Street/Century Avenue Traffic Signal Traffic Systems Fee $140,000 Kendall Drive/48~' Street Traffic Signal Traffic Systems Fee $20,000 Pacific Avenue/Valeria Street Traffic Signal Traffic Systems Fee $20,000 9`'' Street/Mt. Vernon Avenue Traffic Signal Traffic Systems Fee $10,000 Speed Feedback Sign Program Traffic Systems Fee $20,000 Redlands Blvd & Gardena Street Local Circulation Fee Fund $30,000 Rancho Ave & Mill Street Traffic Systems Fee Fund $20,000 Regional Circulation Fee Tippecanoe Ave & Hospitality Lane Fund/traffic Systems Fee Fund $42,000 Fair Share 21 p:\FORMS\HOUSINC FORMS\CONSOLIDATED PLAN\2008.2009\2008.2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 5. TRAFFIC CONTROLS FUNDING SOURCE FY08/09 Regional Circulation Fee Tippecanoe Ave & Orange Show Road Fund/Traffic Systems Fee Fund $87,600 Fair Share Regional Circulation Fee Waterman Ave & Orange Show Road Add Turn Lanes Fund/Traffic Systems Fee Fund $57,600 (Fair Share) TOTAL $1,593,700 6. PARKS AND RECREATION FUNDING SOURCE FY08/09 Miscellaneous Annual Parks Construction Park Construction Fee $75,000 Verdemont Master Park Developer Impact Fee $250,000 Verdemont Regional Park Park Construction $4,750,000 Verdemont Community Center Developer Impact Fee Fund $3,000,000 Fiscallini Field Upgrades Park Construction Fee $200,000 Upgrade 5~' Street Community Center Park Construction Fee $200,000 Norton Air Force Base Park Construction Fee $200,000 Perris Hill Bowl Park Construction Fund $400,000 Pioneer Memorial Cemetery Park Construction Fee $200,000 Design for 2 New Gymnasium Facilities Park Construction Fee $100,000 Replace Score Board at Fiscalini Field Park Construction Fee $85,000 Renovate Press Box at Fiscalini Field Park Construction Fee $50,000 TOTAL $9,510,000 Priority #8: ~ G ,~ ,.. ., ~E'liminution~of Identified Impediments, to Fait, Dousing t~irou,~h ~ducatipn, ~ Ett vrcErrt~r~t; .and Westin To support the City's efforts in increasing housing availability and accessibility for low- and moderate- income households, for 2008-2009 the City has allocated $53,000 of CDBG funds for a Fair Housing contract with the Inland Fair Housing Mediation Board of San Bernardino County (IFHMB). The IFHMB will provide $505,485 of private funds for administration. The City supports a number of programs and services to promote fair housing, including: • Education workshops on State and federal fair housing laws. • Mediation and complaint resolution. 22 P:\FORMS\NOUSING FORMS\CONSOLIDATED PLAN\2008-Y009\2008.2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 • Monitoring of compliance by individuals and organizations involved in the sale, financing, renting, advertisement, and management of housing. • Financial assistance and economic development programs to increase incomes for low- and moderate-income households. • Provide homeownership opportunities in the community promoting the first time homebuyer program. Current studies of impediments to fair housing and monitoring of compliance have concluded that the primary difficulties faced by low- and moderate-income households relate to their financial circumstances. Most complaints submitted to the Inland Mediation Board involve Fair Housing and landlord-tenant disputes. The complaints filed involve tenants' rights, evictions and securitypayments and property maintenance issues. There appears to be a disproportionate number of complaints filed by female-headed households with children, which could indicate that some single mothers experience difficulties in obtaining suitable housing for their families. In light of these findings, the City will continue to implement programs and support efforts by other agencies to improve economic opportunities for low- and moderate-income households, increase housing availability (particularly homeownership), assist other agencies in providing child care and supportive services for families with children, and ensure that single parents are not unreasonably restricted in their housing choices. TABLE 8 CITY OF SAN BERNARDINO Priori #8: Elimination of Im ediments to Fair Housin throw h Education, Enforcement, and Testin Activi Undertaken Fundin Source Planned Fundin * Households to be Assisted Fair Housing/Landlord Private Investment $505,485 Tenant Program -Inland CDBG $53,000 2804 Mediation Board Education Seminars -Inland private Investment $180,000 50 Mediation Board Enforcement-Advertisement - private Investment $10,000 50 Inland Mediation Board Sources: Ci o San Bernardino Sta Estimates, Inland Mediation Board Sta Estimates. * Includes $53,000 o CDBG Fundin . The impediments identified in the City's Analysis are: • Lack of knowledge and awareness of Fair Housing Laws makes it impossible for residents to recognize discriminatory practices by housing providers and lenders. • Recommended Action: Increase the level of education through various means such as newsletters, workshops, paid public announcements on the radio, communitybillboards, and personal interviews on local cable television. • Lack of housing opportunities for a wide spectrum of City residents that include large families. 23 P:\FORMS\HOUSING FORMS\CONSOLIDAT ED PLAN\2008.2009\2008-2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 • Recommended Action: The City will continue to pursue affordable housing development programs as identified in the Housing Element. E. GEOGRAPHIC DISTRIBUTION The City's EDA, administrator of the federal programs and other redevelopment housing programs, will concentrate most of its rehabilitation and preservation programs and activities on a citywide basis through the Single-Family Beautification Loan/Grant Program and Mobile Home Maintenance Grant Programs for low- and moderate-income owners. F. SERVICE DELIVERY AND MANAGEMENT The EDA has the lead responsibility for the development and implementation of the Housing Component of the Agency's Five-Year Implementation Plan (2004/05-2008/09) and Ten-Year Affordable Housing Compliance Plan (2004/05-2013/14). The current five-year strategy incorporates all anticipated funding sources: federal, state, tax increment, local funding, redevelopment, and private financing. These funds create single and senior multiple housing and other identified special needs construction. The types of housing which will receive the greatest level of advocacy by the City will be housing for the elderly, handicapped, special needs populations and low- and moderate-income families. EDA will continue to focus on all of these new construction, rehabilitation and special needs housing issues in fiscal year 2008-2009. Numerous projects require the need to involve private developers, as well as non-profit developers, in order to enhance affordable housing in the City. EDA is able to develop and implement agreements with developers and provide gap financing, construction financing, and silent Second Deeds of Trust for first time homebuyer programs. This is coupled with the implementation of housing rehabilitation programs, grants for mobile home parks, infill housing, senior housing, and new construction that provide affordable housing opportunities in the City. ~ ~ ~ A. PUBLIC POLICIES The City and EDA will continue dialogue and prof ect coordination with various public/private agencies involved in implementing the City's housing goals and continue to provide input on regulations, codes, and ordinances that could potentially have adverse effects on the development of affordable housing. B. INSTITUTIONAL STRUCTURE The City and EDA will continue to aggressively attract housing development to ensure that all development will be completed in harmony with the State Housing Element and Consolidated Plan's 24 p:\FORMS\HOUSING FORMS\CONSOLIDATED PLAN\2008-2009\2008.2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY2008-2009 goals. During FY 2008-2009, specific actions will be taken to achieve cooperation and coordination amongst state, local, and private agencies and institutions in implementing activities. The City and EDA will continue to coordinate the execution of a regional homeless assistance plan with a countywide Homeless Coalition and Community Action Partners of San Bernardino County. These groups include: non-profit service providers, City of San Bernardino Police Department, County Board of Supervisors, County Department of Public Social Services, County Department of Mental Health, County Department of Public Health, Realtors, the AFL-CIO, Veterans, the Building Industry Association, Habitat for Humanity, local colleges and j ob training groups. The participation of the City and EDA in this cooperative effort enables and facilitates delivery of homeless services and resources through effective networking. In addition, any development of homeless services outside the city limits serves to lessen the City's homeless problems. C. PUBLIC HOUSING IMPROVEMENTS The Housing Authority of the County of San Bernardino ("Authority") owns and manages about 690 units of public housing within the City limits, and nearly 2,000 countywide, for occupancy by very low- income families who pay no more than 30 percent of their monthly income for rent. The Authority's public housing program includes a mixture of single-family housing (scattered sites), multifamily housing, and special needs housing (such as for seniors and individuals with disabilities) funded under several state and federal housing programs. According to the Authority, there are currently 11,175 applicants on the waiting list for Public Housing Programs. Because the waiting list is currently closed, the number of households eligible for, and desiring assistance, is undoubtedly much larger than documented. D. PUBLIC HOUSING RESIDENT INITIATIVES Due to the size of San Bernardino County, the Authority divided its service area into seven districts. Authority Staff coordinated and monitored the election of a jurisdiction-wide Resident Advisory Council to represent the voice of the resident population in these districts. The Resident Advisory Council's overall purpose is to improve the quality of life and resident satisfaction within assisted housing. It also participates in self-help initiatives to enable residents to create a positive living environment for their families. E. LEAD BASED PAINT HAZARD REDUCTION The Lead Based Paint Hazard Reduction Strategy is detailed in the Five-Year Consolidated Plan. It is summarized as follows: (1) Coordinating public and private efforts to reduce lead-based paint hazards and protect young children; (2) Integrating lead hazard evaluation and reduction activities into existing housing programs; (3) Public awareness through educational materials and programs; and (4) Education and advocacy and (5) lead base eradication to the extent finances are available. 25 P:\FORMS\HOUSINO FORMS\CONSOLIDATED PLAN\2008-2009\2008.2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 ~ ~ , ~ . The City has set forth a comprehensive Anti-Poverty Strategy in the Five-Year Consolidated Plan that it plans to implement over the five-year period. ~ / ~ ~ ~ The City of San Bernardino will continue to meet with public and other housing providers, private and governmental health, mental health, and social service agencies to use all available resources to their maximum levels of effectiveness to provide for San Bernardino's needy. Meetings between these parties will occur regularly throughout the fiscal year to endorse applications for funding and to discuss cooperative ventures as they present themselves. The City will undertake annual reviews of all agencies it provides financial assistance to in conformance with 24 CFR 91.230. Findings will be provided as part of the CAPER Report due to HUD annually. The report will describe the current status and success of planned activities as described in the Plan and other information that describes progress and successes of activities. The Five-Year Consolidated Plan priorities will be evaluated through comparison of goals, set out for the fiscal year compared with productivity characteristics and completion data for each program or activity set for accomplishments ofthose goals. The numbers with the obj ective presented in the Report will state each program and priority's overall effectiveness. ~ ~ , ~ ~ ~ ' ~ "CPD Consolidated Plan System Listing of Proposed Projects" identifies the City's Priority Description and One-Year CDBG Funds Investment Plan for non-housing community development activities for the City of San Bernardino. Proposed non-housing activities include public facility improvements such as the rehabilitation of public service facilities including but not limited to senior centers and emergency shelter/homeless facilities, park/playground improvements, installation of lighting within low- and moderate-income neighborhoods, as well as the funding of a multitude of public services/agencies. A majority of the public service agencies funded provide counseling, food, job training, child care and serve the City's seniors, children adolescents, youth programs, shelters, etc., and households in general. A. SPECIFIC CDBG GRANT PROGRAM SUBMISSION REQUIREMENTS 1. CDBG -Other resources that may become available in addition to annual grant include redevelopment low/mod funds in the amount of $30,000,000. 26 P:\FORMS\HOUSING FORMS\CONSOLIDATED PLAN\2008.200912008-2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 a. Program income estimated and expected to be generated during the Program Year - $290,000 (1) The amount estimated and expected to be generated by and deposited to revolving loan funds -None (2) The total amount estimated and expected to be received from each new float- funded activity that is included in the Plan -None (3) The amount estimated and expected to be received during the current program year from float-funded activities described in a prior statement or plan. CinemaStar -None b. Program income received in the preceding program year that has not been included in a statement or plan -None (1) Proceeds from Section 1081oan guarantees that will be used during the year to address the priority needs and specific obj ectives identified in the strategic plan - $7.5 million. (2) Surplus funds from any urban renewal settlement for community development and housing activities -None (3) Any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan -None 2. Float-funded Activities -None 3. Section 108 Activities -the City is presently obligated to repay one Section 108 loan, the CinemaStar for a total of $4,940,000. EDA currently uses the revenue stream (lease payments) to pay the debt service on the loan. This project continues to provide jobs for the low- and moderate-income population of the City of San Bernardino, as well as provide a reliable revenue source to the City in the form of sales tax and property taxes, which are reinvested in the community in the form of services and the provision of public improvements. On March 5, 2005, the City was notified of an award of $7.5 million in Section 108 HUD Loan Program and in July 2006, the City, the Agency and HUD executed loan documents. The $7.5 million is being utilized for the acquisition oftwenty-two (22) blighted and socially problematic 4-plex apartment dwellings in the North Arden Guthrie Area. Together with other redevelopment funds, approximately $7.5 million, tenants will be relocated into safe and sanitary housing, structures will be demolished, and the land will be made available to a master developer (Home Depot) for the purpose of constructing a retail commercial center. 4. Urgent Needs - N/A 27 P:\FORMS\HOU$I~NG FORMS\CONSOLIDATED PLAN\2008.2009\2008-2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY 2008-2009 B. SPECIFIC HOME SUBMISSION REQUIREMENTS 1. Resale Provisions -The City's resale or recapture provision ensures the affordability of units acquired with HOME funds incompliance with 24 CFR 92.254(a)(4). Specifically, homebuyers agree that for a fifty five (55) year period commencing on the date of recordation of the Agency Deed of Trust and the Affordable Housing Covenant to notify the Agency not less than thirty (30) days prior to: (i) the sale of the New Home, (ii) the transfer of any interest in the New Home, or (iii) any refinancing of the lien of the First Mortgage Lender to which the lien of the Agency Deed of Trust is subordinate. This is a shared appreciation formula between EDA and homebuyer based on a declining scale. 2. HOME Tenant Based Rental Assistance - N/A 3. Other Forms of Investment -Private Resources from Community Housing Development Organization (CHDO) Partners. 4. Affirmative Marketing -The City will use combine efforts of CHDOs, realtors, newspaper advertisement and flyers to affirmatively market homes to all residents and prospective buyers regardless of race, color, gender, marital status, religion and disability. 5. Minority/Women's Business Outreach -The City's outreach effort is fully described in the M/WBE Plan which includes actions that will be taken to establish and oversee the inclusion, to the maximum extent possible, of minority and women, and entities owned by minorities and women, including without limitation, real estate firms, construction firms, appraisal firms, management firms, financial institutions, investment banking firms, underwriters, accountants, and providers of legal services, in all contracts, entered into by the City with such persons or entities, public and private, in order to facilitate the activities to provide affordable housing under the HOME Program in compliance with 24 CFR 92.351.(b). 6. Program Income - An estimated $211,000 7. Refinancing - N/A In fiscal year 2008-2009, the City will receive $1,504,168 in HOME funds and $9,018 is American Dream Down Payment Initiative (ADDI). HOME funds will be allocated as follows for the new fiscal year: 10% ($150,417) for EDA HOME administration; 15% ($225,625) to qualified Community Housing Development Organizations (CHDO's) who aid in the provision of affordable housing in the community; 5% ($75,208) for CHDO operations and capacity building. The ADDI Program was signed into law by the President in December 2003, together with HOME funds, these limited funds will assist low-income families to become first-time homebuyers. In addition to the ADDI funds, the City will fund $480,000 of HOME funds to the Homebuyer Assistance Program and Homebuyer Education. 28 P:\FORMS\HOUSING FORMS\CONSOLIDATED PLAN\2008.2009\2008-2009 ANNUAL ACTION PLAN.DOC City of San Bernardino Consolidated Annual Action Plan - FY2008-2009 The remaining $572,918 will be allocated to other low and moderate income housing developments as they become available during the fiscal year. In this case, HOME funds will be used to augment the EDA's annual appropriations from its tax increment housing set aside. HOME funds can only be utilized for housing activities, i.e. rehabilitation of single-family housing, rehabilitation or construction of multi-family and/or senior housing; homebuyer programs; acquisition of land; public improvements to facilitate affordable housing and transitional housing. C. SPECIFIC ESG SUBMISSION REQUIREMENTS The City solicited and made funding recommendations based on experience, ability to provide service and the number of households expected to benefit from the program. Match grant funds were also identified in each recipient's application from fund raising, in-kind donations and volunteers labor donated. Staff, together with a representative from San Bernardino's County's Community Action Partners, Incorporated, assisted in reviewing and rating the ESG proposals. Each proposal was evaluated on: project narrative, past experience, cost effectiveness, leveraging and overall quality of proposal. 29 P:IFORMS\HOUSING FORMS\CONSOLIDATED PLAN\2008.2009\2008-Y009 ANNUAL ACTION PLAN.DOC ,.~'a ESG SUBRECIPIENT AGREEMENT (Public Services Program) between THE CITY OF SAN BERNARDINO and r THE SALVATION ARMY, A CALIFORNIA CORPORATION (SAN BERNARDINO CORPS) AGREEMENT FOR USE OF EMERGENCY SHELTER GRANT FUNDS THIS AGREEMENT, entered in this 1st day of July, 2007 by and between the CITY OF SAN BERNARDINO, (hereinafter referred to as the "CITY") and The Salvation Army, a California corporation for its Corps located at 746 W 5th Street in San Bernardino, California, (hereinafter referred to as the "SUBRECIPIENT"); WITNESSETH WHEREAS, pursuant to Subtitle "B" of the Stewart B. McKinney Homeless Assistance Act of 1987 (Public Law 100-77), (hereinafter referred to as the "Act"), the CITY has been awarded Emergency Shelter Grant Program ("ESGP") funds which are to be used to improve the quality of existing emergency shelters for the homeless, to help make available additional emergency shelters, and to help meet the costs of operating emergency shelters and of providing certain essential social services to homeless individuals, and; WHEREAS, the CITY desires to contract with non-profit corporations for the use of ESGP funds to provide various services for homeless individuals, and; WHEREAS, the SUBRECIPIENT as anon-profit corporation, is eligible under the Act to receive ESGP funds to provide those services as described herein. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Term. The term of this Agreement shall be for a period commencing on July 1, 2007, and terminating on June 30, 2008, or as otherwise provided for in Section 5 herein. 2. Scope of Services. The SUBRECIPIENT promises and agrees to provide certain emergency shelter grant program services for homeless persons by utilizing the sum of Sixty Three Thousand and 00/100 Dollars ($63,000) in ESGP funds to provide various services to homeless families and individuals complying with the requirements of this Agreement for eligible families and individuals as set forth below in this Section 2, and the SUBRECIPIENT shall complete the insertion of the requisite information in the form titled "Monthly Accomplishment Report" the form of which shall be completed monthly and submitted to the Agency and such form is attached hereto as Exhibit "A", and by this reference, incorporated herein. The SUBRECIPIENT shall also provide homeless individuals with assistance in obtaining (i) appropriate supportive services, including permanent housing, physical and mental health treatment, counseling, supervision, and other services essential for achieving independent living, and; (ii) other federal, state, local and private assistance provided hereunder shall be in full conformity with the Act, and any amendments thereto, and the federal regulations and guidelines now, or hereinafter enacted pursuant to the Act. 1 3. Matching Funds. The SUBRECIPIENT must supplement its emergency shelter grant amounts with an equal amount of funds from sources other than those provided herein and from non- federal sources. These funds must be provided after the date of the grant award to the SUBRECIPIENT. The SUBRECIPIENT may comply with this requirement by providing the supplemental funds itself, or voluntary efforts or gifts in kind provided to the SUBRECIPIENT, as appropriate. 4. Calculating the Matching Amount. In calculating the amount of supplemental funds, there may be included the value of any donated material or building(s), the value of the lease(s) on the building(s); any salary paid to staff of the SUBRECIPIENT, or to any State or non-profit recipient, as appropriate, in carrying out the Emergency Shelter Grant Program; and the time and services contributed by volunteers to carry out the ESGP, determined at the rate of $5.00 per hour. For purposes of this Section 4, the SUBRECIPIENT upon concurrence of the Executive Director (the "Administrator") of the Redevelopment Agency of the City of San Bernardino ("Agency"), the Administrator of the ESG Program, will determine the value of any donated material or building(s) or any lease(s), or furnishings and equipment using any method reasonably calculated to establish a fair market value. 5. Termination. (a) Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. (b) Notwithstanding the provisions of Section S(a), the CITY may suspend or terminate this Agreement forthwith for cause, upon written notice to the SUBRECIPIENT of the action being taken. Cause shall be established, (i) in the event the SUBRECIPIENT fails to perform the covenants herein contained; (ii) in the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable, or; (iii) in the event the funding from the United States Department of Housing and Urban Development (HUD), referred to in the recitals herein, is reduced, terminated or otherwise becomes unavailable. The CITY shall provide written notice to the SUBRECIPIENT within ten (10) working days from the date HUD reduces, suspends or terminates the ESGP funding. This Agreement may, at the discretion of the Administrator of the CITY, be either terminated or amended to reflect said reduction of funds. (c) Upon termination of this Agreement, the SUBRECIPIENT agrees to return any unencumbered funds which it has been provided by the CITY. In accepting said funds, the CITY does not waive any claim or cause of action it may have against the SUBRECIPIENT for breach of this Agreement. 2 (d) Upon termination of this Agreement, the SUBRECIPIENT shall not incur any obligations after the effective date of such termination. (e) Any provisions for inspection and audits relative to the expenditure of funds provided for hereunder shall not be ended upon the date of any termination but shall continue thereafter as specified herein. (f) SUBRECIPIENT will be required to cooperate and work in collaboration with City departments, to include but not limited to: Police Department, Fire Department and Code Compliance and the Agency in an effort to promote the well-being of citizens and aid in reduction of crime, blight and unsafe living conditions. From time to time, SUBRECIPIENT may be required to attend meetings to be held at the Agency. Failure to cooperate may result in the termination of this Agreement in accordance with Section 5. Termination. of this Agreement. 6. Payment of Funds. The Mayor and Common Council of the CITY shall determine the final disposition and distribution of all funds received by the CITY under the Act. On behalf of the CITY, the Agency shall make payments of ESGP funds to the SUBRECIPIENT based upon the information submitted in the form titled "Monthly Accomplishment Report" as attached hereto as Exhibit "A" and the Agency shall monitor the expenditure of funds and activities of the SUBRECIPIENT to ensure compliance with applicable federal regulations and the terms of this Agreement. The SUBRECIPIENT shall establish and maintain a separate account for all ESGP funds received under this Agreement and deposit all such funds in said account. All disbursements of ESGP funds by the Agency will be made in the following manner: (a) Payments shall be made on a reimbursement basis and made within thirty (30) days after the SUBRECIPIENT has submitted written notice identifying payments made and requesting reimbursement. Payments shall be based on documented expenses by the SUBRECIPIENT, in the form of Exhibit "B", titled "Budget Breakdown, to be approved by the Administrator, or his/her designee, upon each submittal, which form when completed shall include all the information required therein as a condition precedent for the commitment of the Agency to remit the reimbursements to the SUBRECIPIENT of the ESGP funds. The Agency shall reimburse on a monthly basis, 1/12 of the SUBRECIPIENT's ESGP funds. (b) In no event shall the CITY or the Agency, or any of its officers, agents or employees, be held liable for expenses incurred by the SUBRECIPIENT in excess of the ESGP allocation noted in Section 2, entitled "Scope of Services." 3 (c) Payments may be withheld if, on a determination by the Administrator, the SUBRECIPIENT has not complied with the covenants herein contained at such times, and in such manner as provided in this Agreement. (d) No later than thirty (30) days prior to the date set forth herein for termination of this Agreement, the SUBRECIPIENT shall provide the CITY or Agency with its estimate of the amount of funds which will remain unexpended upon such termination. Notwithstanding any provisions contained in this Section 6, the Agency, through its Administrator, shall thereafter, upon reasonable notice provide to the SUBRECIPIENT, have the right to (i) reduce the payment of funds hereunder, (ii) renegotiate the actual levels of expenditures in the event the SUBRECIPIENT's rate of expenditures will result in unexpended funds at the expiration of this Agreement, and/or; (iii) re-program funds associated with this Agreement in which the Administrator finds there has been no substantial progress or activity. 7. Documentation, Reports, Inspections and Performance Evaluations. (a) Documentation of Expenditures. All expenditures supported by properly executed payrolls, time records, invoices, contracts, vouchers, receipts, orders and any other accounting documentation pertaining, in whole or in part, to this Agreement, shall be clearly identified and readily accessible. The SUBRECIPIENT shall maintain and keep available all such documents for a period of not less than three (3) years from the termination of this Agreement, if a CITY, Agency, state and/or federal audit has occurred within six (6) months prior to date of termination, and for a period of not less than five (5) years from said date if such audit has not occurred. In the event of audit exception, such documentation shall be maintained until every exception has been cleared to the satisfaction of the auditing authority. (b) Reports. The SUBRECIPIENT, at such times and on such forms as the Agency may require, shall furnish the Agency such statements, records, reports, data and information as the Agency may request pertaining to its performance of services hereunder and other matters covered by this Agreement. The SUBRECIPIENT shall establish and maintain records in accordance with the Office of Management and Budget (OMB) Circulars Numbered A-110 and A-112, respectively, as applicable to the acceptance and use of emergency shelter grants. (c) Inspections. The SUBRECIPIENT shall make available to the CITY and/or Agency, state and/or federal officials its records and data with respect to all matters covered by this Agreement for inspection and audit, which inspection and audit may be made at any time after reasonable notice. The SUBRECIPIENT shall comply with the audit requirements of OMB Circular Number A-110, as applicable, and as they relate to the acceptance and use of federal funds under this Agreement. 4 (d) Performance Evaluations. The SUBRECIPIENT shall permit CITY and/or Agency, state and/or federal officials to monitor, assess or evaluate the SUBRECIPIENT's performance under this Agreement on at least a monthly basis, said monitoring, assessment or evaluation to include, but not be limited to, audits, inventory, inspections within the program area, and interviews with the SUBRECIPIENT's employees, agents, independent contractors and subcontractors, providing the services under this Agreement and recipients thereof. (e) This Agreement contemplates that the SUBRECIPIENT will pay salaries, utilities and furnishings with the monies that will be remitted to the SUBRECIPIENT as reimbursement amounts pursuant to Section 6(a) and in accordance with Exhibit "B", "Budget Breakdown", as shall be submitted by the SUBRECIPIENT to the Agency for each reimbursement request and Section 2 Scope of Services, of this Agreement. 8. Building or Facility. (a) Any building for which emergency shelter grant amounts are used for renovation, conversion, or major rehabilitation, must meet local safety and sanitation standards. (b) When ESGP funds are utilized to provide emergency shelter for the homeless in hotels or motels or other commercial facilities providing transient housing, (i) the SUBRECIPIENT, at the request of the CITY and/or Agency, shall execute an Agreement with the provider of such housing which provides that comparable living space, in terms of quality, available in the facility for use as emergency shelters for at least the same period of time as provided in Section 9 herein, and; (ii) leases negotiated between the SUBRECIPIENT and the provider of such housing shall make available such living space at substantially less than the daily room rate otherwise charged by the facility and; (iii) the SUBRECIPIENT shall certify, in writing, to CITY and/or Agency that it has considered using other facilities as emergency shelter for the homeless in the City. (c) The SUBRECIPIENT shall ensure that any building or facility is utilized exclusively for secular purposes and is made available to all person regardless of religion. If ESGP funds are used to renovate, rehabilitate, or convert buildings owned by primarily religious organization or entities, the SUBRECIPIENT shall comply with the provisions of Title 24, Code of Federal Regulations, Part 575.21(b)(2). (d) The SUBRECIPIENT shall comply with the Uniform Federal Accessibility Standards (24 CFR, Part 40, Appendix "A"), when activities funded by the ESGP involve major rehabilitation or conversion. 5 9. Maintenance as a Homeless Facility. (a) The SUBRECIPIENT shall maintain any building for which ESGP funds are used for not less than a three (3) year period, or for not less than a ten (10) year period if the grant amounts are used for major rehabilitation or conversion of the building. (b) The three (3) or ten (10) year periods begin to run, (i) on the date of initial occupancy as an emergency shelter for the homeless when the building utilized was not operated as an emergency shelter for the homeless before receiving ESGP funds, or; (ii) on the date that ESGP funds are first obligated to the shelter when the building was operated as an emergency shelter before receiving ESGP funds, or; (ii) on the date that ESGP funds are first obligated to shelter when the building was operated as an emergency shelter before receiving ESGP funds. (c) When ESGP funds are used exclusively to provide essential services including, but not limited to, services concerned with employment, physical or mental health, substance abuse, education, food, equipment or furnishings, the time periods noted in (a) above are not applicable. 10. Independent Capacity. The SUBRECIPIENT, and its officers, employees and agents, shall act in an independent capacity during the term of this Agreement and shall not act as, shall not be, nor shall they in any manner be construed to be officers, employees, or agents of the CITY and/or the Agency or the State of California. 11. Assignability. The SUBRECIPIENT cannot assign any of its rights, duties or obligations pursuant to this Agreement to any person or entity without the prior written consent of the CITY or the Agency. This includes the ability to subcontract all, or a portion of, its rights, duties and obligations hereunder. 12. Insurance. The SUBRECIPIENT shall during the term of this Agreement: (a) Procure and maintain Workers' Compensation Insurance as prescribed by the laws of the State of California. (b) Procure and maintain comprehensive general and automobile liability insurance as shall protect the SUBRECIPIENT from claims for damages for personal injury, including accidental and wrongful death, as well as from claims for property damage, which may arise from activities or programs under this Agreement, 6 whether such activities or programs by the SUBRECIPIENT, by any subcontractor or by any officer, employee or agent of either of them. Such insurance shall name the CITY and the Agency, their officers, officials, attorneys, agents, employees, volunteers and independent contractors as additional insureds with respect to this Agreement and the obligations of the SUBRECIPIENT hereunder. Such insurance shall provide for combined coverage limits of not less than $1,000,000 per occurrence. (c) Furnish the CITY and the Agency with policies of insurance, prior to request for first reimbursement for ESGP funds showing that such insurance is in full force and effect, and that the CITY and the Agency are named as additional insureds with respect to this Agreement and the obligations of the SUBRECIPIENT hereunder. Further, said policies shall contain the covenant of the insurance carrier that thirty (30) days written notice will be given to the CITY and the Agency prior to modification, cancellation, or reduction in coverage of such insurance. 13. Hold Harmless. The SUBRECIPIENT shall indemnify and hold the CITY and the Agency, their officers, officials, attorneys, agents, employees, volunteers and independent contractors free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of the SUBRECIPIENT, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. The specific insurance coverage required in Section 12 shall in no way limit or circumscribe the SUBRECIPIENT'S obligation to indemnify and hold the CITY and the Agency harmless as set forth in this Section 13. 14. Federal Requirement. (a) The SUBRECIPIENT shall comply with the provisions of the Act, and any amendments thereto, and the federal regulations and guidelines now or hereinafter enacted pursuant to the Act. More particularly, the SUBRECIPIENT is to comply with those regulations found in Part 575 of Title 24 of the Code of Federal Regulations and OMB Circulars Numbered A-110 and A-112, respectively, and appropriate attachments for non-profit organization contractors. (b) The SUBRECIPIENT represents that it is, or may be, a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by, or in connection with, a religious or denominational institution or organization. (c) The SUBRECIPIENT agrees that, in connection with the services to be provided hereunder, (i) it will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give 7 preference in employment to persons on the basis of religion; (ii) it will not discriminate against any person applying for such services on the basis of religion and will not limit such. services or give preference to persons on the basis of religion; (iii) it will provide no religious instruction or counseling, conduct no religious workshop or services, engage in no religious proselytizing and exert no other religious influence in the provision of such services; (iv) the portion of a facility used to provide services assisted, in whole or in part, under this Agreement shall contain no sectarian or religious symbols or decorations, and; (v) the funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the SUBRECIPIENT in which the services are to be provided; provided that, minor repairs may be made if such repairs are directly related to the services; are located in a structure used exclusively for non-religious purposes, and; constitute in dollar terms only a minor portion of the ESGP expenditure for the public services. (d) The SUBRECIPIENT shall comply with the Housing and Community Development Act (HCD Act) of 1992 (Public Law 102-550, approved October 28, 1992), which requires the involvement of, to the extent practicable, homeless individuals and families and operating facilities assisted under the ESGP in providing services for occupants of these facilities (42 U.S.C. 11375(c)(7), as added by Section 1402 (b)). (e) The SUBRECIPIENT shall comply with HCD Act, Section 1402 (d), which requires that termination of assistance to any individual or family be in accordance with a formal process, which may include a hearing, established by the SUBRECIPIENT. 15. Compliance with Law. The SUBRECIPIENT shall comply with all federal, state .and local laws and regulations pertinent to its operation and services to be performed hereunder, and shall keep in effect any and all licenses, permits, notices and certificates as are required thereby. The SUBRECIPIENT shall further comply with all laws applicable to wages and hours of employment, occupational safety and to fire safety, health and sanitation. 16. Comprehensive Homeless Assistance Plan. The SUBRECIPIENT shall cooperate with the CITY and the Agency in undertaking emergency shelter grant activities and shall assist the CITY and the Agency in carrying out the Comprehensive Homeless Assistance Plan and any other applicable strategies implemented by the CITY and the Agency and shall act in conformity therewith. 17. Non-Discrimination and Equal Opportunity Compliance. The SUBRECIPIENT hereby certifies compliance with the following: 8 (a) Executive Order Number 11246, as amended, and the regulations issued thereunder at Title 41, Code of Federal Regulations, Chapter 60; (b) Title VI and Title VII of the Civil Rights Act of 1964 (423 U.S.C. Section 2000(d) et, seq.), as amended by the Equal Opportunity Act of March 24, 1972, (Public Law Number 92-261); (c) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601-3619) and implementing regulations issued pursuant thereto (24 CFR, Part 1); (d) Executive Order Number 11063 and implementing regulations issued pursuant thereto (25 CFR, Part 107); (e) Age Discrimination Act of 1975 (42 U.S.C., Sections 6101-6107); (f) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794), and; (g) Executive Orders Numbered 11625, 12432 and 12138 consistent with HUD's responsibilities under these Orders, the SUBRECIPIENT must make efforts to encourage the use of minority and women owned business enterprises in connection with ESGP activities; (h) The SUBRECIPIENT shall establish and maintain a procedure through which homeless individuals will be informed of the facilities and services available to all on a nondiscriminatory basis. (i) SUBRECIPIENT agrees to abide by, and include in any subcontracts to perform work under this Agreement, the following clause: "During the performance of this Agreement, the SUBRECIPIENT and its subcontractors shall not unlawfully discriminate against any employee or application for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40), or sex. The SUBRECIPIENT and subcontractors shall ensure that the evaluation and treatment of their employees and applications for employment are free of such discrimination. The SUBRECIPIENT and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et. seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990, set forth in Chapter five (5) of Division four (4} of Title two (2) of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if fully set forth at length. 9 The SUBRECIPIENT and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other agreement." (j) The equal opportunity clause continued in Section 202 of Executive Order Number 11246, as amended, is hereby incorporated into this Agreement by this reference. (k) During the performance of this Agreement, the SUBRECIPIENT and its subcontractors, if any, shall not deny the benefits rendered hereunder to any person on the basis of religion, color, ethnic group identification, sex, age or physical or mental disability. (1) The SUBRECIPIENT shall furnish all information and reports as required by Executive Order Number 11246, as amended. (m) The SUBRECIPIENT shall include the non-discrimination and compliance provisions of the equal opportunity clause in all subcontracts, if any. 18. Affirmative Action Compliance. Each SUBRECIPIENT or subcontractor with less than fifty (50) employees shall comply with Section 202, Part II, of Executive Order Number 11246, as amended. The SUBRECIPIENT shall ensure that subcontractors, if any, falling within the scope of this provision shall comply in full with the requirements thereof 19. Conflict of Interest. No person who is (i) an employee, agent, consultant, officer, or elected or appointed official of the CITY, the Agency, state or the SUBRECIPIENT that receives ESGP funds and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or; (ii) in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or those with whom he or she has family or business ties, during his or her tenure or for one (1) year thereafter. 20. Eligibility of Contractors and Subcontractors. No ESGP funds allocated to the SUBRECIPIENT through this Agreement may be used, directly or indirectly, to employ, award contracts to, or otherwise engage the services of, or purchase the goods of, or fund any contractor or subcontractor during any period of debarment, suspension, or placement in ineligibility status under the provision of 24 CFR, Part 4. 10 21. Lead Based Paint. The SUBRECIPIENT and all subcontractors, if any, shall comply with the requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C., Section 4821-4846) and implementing regulations issued pursuant thereto (24 CFR, Part 35). 22. Flood Insurance. No site proposed on which renovation, major rehabilitation, or conversion of a building, is to be assisted under this part, other than by grant amounts allocated to the state, may be located in an area that has been identified by the Federal Emergency Management Agency as having special flood hazards, unless the community in which the areas is situated is participating in the National Flood Insurance Program and the regulations issued thereunder (44 CFR, Parts 59-79) or less than a year has passed since the Federal Emergency Management Agency notification regarding such hazards, and the SUBRECIPIENT will ensure that flood insurance on the structure is obtained in compliance with Section 102(a) of the Flood Disaster Protection Act of 1973, (42 U.S.C., Section 4001 et. seq.). 23. Notice. Any notices required or desired to be served by either party upon the other shalt be addressed to respective parties as set forth below (or to such other addresses as from time to time may be designated, in writing, by the respective parties): AS TO AGENCY: AS TO SUBRECIPIENT: Emil Marzullo, Interim Executive Director Captain Stephen A. Ball Economic Development Agency The Salvation Army 201 North "E" Street, Suite 301 746 West 5th Street San Bernardino CA 92401-1507 San Bernardino, CA 92410 With copy to: The Salvation Army Sierra del Mar Division Attn: Richard Chalk 2320 Fifth Avenue San Diego, CA 92101 24. Binding Successors. The SUBRECIPIENT, its heirs, assigns and successors in interest shall be bound by all the provisions contained in this Agreement, and all of the parties thereto shall be jointly and severally liable hereunder. 25. Assurances. 11 The SUBRECIPIENT certifies that it has the legal authority to enter into and meet the requirements of this Agreement: 26. Le~at Proceedings. Should any legal proceedings be commenced to enforce, enjoin, or collect funds or otherwise affect this Agreement between the parties it should be filed in San Bernardino County Superior Court. The prevailing party shall be entitled to recover its reasonable legal fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City and Agency shall be considered as "legal fees" for the purposes of this section. 27. Entire Agreement. This Agreement is intended by the parties hereto as the final and exclusive expression of these provisions contained in this Agreement and it supersedes and replaces any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be modified or changed only upon the written consent of the parties hereto. 28. No Third Party Beneficiaries. No third party shall be deemed to have any rights hereunder against any of the parties hereto as a result of this Agreement. //// //// //// //// //// //// //// 12 IN WITNESS WHEREOF, the parties hereto have hereunto their hands and seals this day and year first above written. . CITY OF SAN BERNARDINO The Salvation Army, a California corporation i Fred ' s ity Manager DONALD C~. BELL ~ Vice President ATTEST ~ . Ci of San Bernardino ~"f'i~T~ ~ Michael J, oodruff, Secretary City rk Approved as to form; Ja s .Penman, City Attorney 13 CDBG SUBRECIPIENT AGREEMENT (Public Services Program) between THE CITY OF SAN BERNARDINO And Asian-American Resource Center TABLE OF CONTENTS OPERATIVE PROVISIONS ......................................................................................................................:....1 1. Scope of Services .............................................................................................................................1 2. Time of Performance ........................................................................................................................1 3. Compensation and Method of Payment ...........................................................................................2 4. Compliance with Laws and Assurances ...........................................................................................2 5. Affirmative Action ..............................................................................................................................2 6. Discrimination ...................................................................................................................................3 7. Accounting ........................................................................................................................................3 8. Budget Section ...............................................................................................................................3 9. Non-Expendable Property ................................................................................................................3 10. Expendable Personal Property .........................................................................................................3 11. Purchase or Lease of Non-Expendable Property or Equipment ......................................................4 12. Changes in Grant Allocation .............................................................................................................4 13. Revenue Disclosure Requirement ....................................................................................................4 14. Joint Funding ....................................................................................................................................5 15. Notices ..............................................................................................................................................5 16. Assignment .......................................................................................................................................5 17. Termination and Termination Costs .................................................................................................5 18. Program Income ...............................................................................................................................7 19. Reversion of Assets ..........................................................................................................................7 20. Fiscal Limitations ..............................................................................................................................7 21. Use of Funds for Entertainment, Meals or Gifts ...............................................................................8 22. Release, Indemnification, and Hold Harmless .................................................................................8 23. Insurance Requirements ..................................................................................................................8 24. Conflict of lnterest ...........................................................................................................................10 25. Budget Modifications ......................................................................................................................10 26. Time of Performance Modifications ................................................................................................11 27. Independent Contractor ..................................................................................................................11 28. Amendments; Variations ................................................................................................................11 29. Purchase and Invoice Deadlines ....................................................................................................11 30. Acquisition of Supplies and Equipment ..........................................................................................12 31. Program Monitoring ........................................................................................................................12 32. Monthly Progress Reports ..............................................................................................................12 33. Use of Funds ..................................................................................................................................13 34. Religious Proselytizing or Political Activities ..................................................................................13 35. Audits ..............................................................................................................................................14 36. Counterparts ...................................................................................................................................14 37. Status of the Subrecipient ..............................................................................................................14 38. Legal Proceedings ..........................................................................................................................15 39. Exhibits ...........................................................................................................................................15 EXHIBIT 1 Project Activity/Description EXHIBIT 2 Budget Summary (pages 1 and 2) EXHIBIT 3 Budget Justification - (Service/Supplies) EXHIBIT 4 Request for Reimbursement EXHIBIT 5 Insurance Requirements EXHIBIT 6 Income Qualification Statement EXHIBIT 7 Monthly Accomplishment Form Community Development Block Grant Public Services Subrecipient Agreement FY 08109 This Agreement is entered into this 1St day of July, 2008, by and between the City of San Bernardino, a municipal corporation, hereinafter referred to as the "City" and Asian-American Resource Center, hereinafter referred to as the "Subrecipient." WITNESSETH WHEREAS, the City has entered into a contract with the United States of America through its Department of Housing and Urban Development (HUD) to execute the City's Community Development Block Grant (CDBG) Program under the Housing and Community Development Act of 1974, as amended, hereinafter called the "Act;" and WHEREAS, the City and the Subrecipient have an interest in providing necessary services to and enhancement of the quality of life of its citizens; and WHEREAS, the City and the Subrecipient recognize that the project herein is eligible under HUD regulations; and WHEREAS, the City and the Subrecipient desire to cooperate in the implementation of the program by reason of experience, preparation, organization, staffing, and facilities to provide services for the benefit of low- and moderate-income persons. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: OPERATIVE PROVISIONS 1. Scope of Services The Subrecipient shall perform all the services described in the Project Description and Scope of Services set forth on Exhibit "1" to this Agreement a copy of which is attached hereto and incorporated herein by this reference. 2. Time of Performance Said services of the Subrecipient are to commence on July 1, 2008, and shall be completed no later than June 30, 2009. 1 3. Compensation and Method of Payment For performance of such services, the City shall pay the Subrecipient an amount of money not to exceed ten thousand two hundred fifty dollars ($10,250.00) which the Mayor and Common Council approved as part of the Fiscal Year 2008/2009 CDBG budget. Said payment shall constitute full and complete compensation for performance by the Subrecipient of the Services under this Agreement. Method of payment shall be in the form of a Request for Reimbursement in accordance with the terms and conditions set forth on Exhibit "4" to this Agreement, a copy of which is attached hereto and incorporated herein by this reference. All Requests for Reimbursement shall be submitted on a monthly basis in accordance with HUD regulations "Audit Ready." The Redevelopment Agency of the City of San Bernardino (the "Agency") on behalf of the City, will reimburse the Subrecipient one-twelfth (1/12) or $854.16 of total allocation beginning the month of July 2008. Verifiable supporting documentation of expenditures for services rendered, plus proof of payment all acceptable to the City in the sole discretion of the City shall be submitted prior to any payment by the City to the Subrecipient. Supporting statements shall give the total of said monthly expenses and shall also itemize the same in detail conforming to the Budget Summary set forth on Exhibit "2". After timely receipt of each supporting statement, the City will draw a warrant within thirty (30) days in favor of the Subrecipient for the total amount of the Request for Reimbursement approved by the City. The City will reject and return reimbursement requests not properly and/or completely submitted. 4. Compliance with Laws and Assurances The Subrecipient hereby assures and certifies that it has complied and will continue to comply with the Act and all applicable federal, state, and local laws, ordinances, regulations, policies, guidelines, and requirements as they relate to acceptance and use of federal funds for this federally-assisted program. This Agreement is subject to all such laws, ordinances, regulations, policies and guidelines, including, without limitation, the Act; Title 24, Code of Federal Regulations, Part 85; Title 24, Code of Regulations, Part 570; and U.S. Office of Management and Budget Circulars applicable including, without limitation, A-87, A-95, A-110, A-122 and A-128. 5. Affirmative Action The Subrecipient 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, the Subrecipient 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. 2 6. 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 Agreement. 7. Accounting The Subrecipient shall establish and maintain on a current basis an adequate accrual accounting system in accordance with generally accepted accounting principles, practices, and standards. 8. Budget Section No more than the amounts specified in the Budget Justification set forth on Exhibit "3", shall be spent for the separate cost categories specified in Budget Summary set forth on Exhibit "2", without prior written approval of the Executive Director (the "Director") of the Agency, the Administrator of the CDBG Program, or his/her Designee. 9. Non-Expendable Property A record shall be maintained by the Subrecipient for each item of nonexpendable property acquired for this program with HUD CDBG funds. This record shall be provided to the City as well as being available for inspection and audit upon reasonable notice by the City at the request of the City. Non-expendable property means tangible personal property having a useful life of more than one (1) year and an acquisition cost of Three Hundred Dollars ($300.00) or more per unit. The Subrecipient shall not purchase or agree to purchase non-expendable property without the prior written approval from the Director or his/her designee. Upon completion or early termination of this Agreement, the City reserves the right to determine the final disposition of said non-expendable property acquired for this program and HUD CDBG funds in compliance with applicable laws and regulations. Said disposition may include, but is not limited to, the City taking possession of said non-expendable property. 10. Expendable Personal Property Expendable personal property refers to all tangible personal property other than non-expendable personal property. The Subrecipient shall not purchase or agree to purchase expendable personal property with a unit value of Three Hundred Dollars ($300.00) or more per unit without the prior written approval of the Director or his/her designee. 3 11. Purchase or Lease of Non-Expendable Property or Equipment The Subrecipient shall obtain three documented bids prior to purchasing or leasing any non-expendable personal property or equipment over Three Hundred Dollars ($300.00) in unit value as approved in the Budget set forth on Exhibit "2", The Budget Summary. The Subrecipient shall purchase or lease from the lowest responsive and responsible bidder. All equipment that has a purchase or lease price of over Fifty Dollars ($50.00) in unit value and life expectancy of more than one (1) year shall be properly identified and inventoried and shall be charged at its actual price, deducting all cash discounts, rebates and allowances received by the Subrecipient. This inventory shall be provided to the City as well as being available for inspection and audit upon reasonable notice by the City at the request of the City. 12. Changes in Grant Allocation The City reserves the right to reduce the grant allocation when the City's fiscal monitoring indicates that the Subrecipient'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 the Subrecipient. Such changes shall be incorporated into this Agreement by written amendments. 13. Revenue Disclosure Requirement By its execution of this Agreement, the Subrecipient certifies that it has previously filed with the Agency, a written statement listing all revenue received, or expected to be received, ~by the Subrecipient from federal, state, city and county, and from other governmental agencies, and applied or expected to offset, in whole or in part, any of the costs incurred by the Subrecipient in conducting current or prospective projects or business activities, including, but not limited to, the project or business activity which is the subject of this Agreement. Such statement shall reflect the name and a description of such project, the dollar amount of funding provided, or to be provided, by each and every governmental agency to each such project or business activity, and the full name and address of each such governmental agency. During the term of this Agreement, the Subrecipient shall prepare and file a similar written statement each time it receives funding from any governmental agency which is additional to that revenue disclosed in the Subrecipient's initial revenue disclosure statement hereunder. Such statement shall be filed with the Agency, within fifteen (15) calendar days following receipt of such additional funding. The Subrecipient shall make available for inspection and audit by the City's and Agency's representatives, upon request, at any time or times during the duration of this Agreement 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 the City. All such books and records shall be maintained by 4 the Subrecipient at their designated business location. Failure to comply with the requirements of this section of the Agreement shall constitute a material breach of this Agreement upon which the City may, among its other remedies, and without limitation, cancel, terminate, or suspend this Agreement. 14. Joint Funding For programs in which there are sources of funds from the private sector in addition to HUD CDBG funds, the Subrecipient shall provide proof of such funding. The City shall not pay for any services provided by the Subrecipient which are funded by other sources. All restrictions and/or requirements provided in this Agreement relative to accounting, budgeting, and reporting, apply to the total program regardless of funding sources. 15. Notices All notices herein required shall be in writing. Notices shall be sent by prepaid First Class Mail to the following Address: To the City: Economic Development Agency Attn.: Interim Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 To the Subrecipient: Mr. Ramsey Sam Asian-American Resource Center 1115 South "E" Street San Bernardino, CA 92408 16. Assignment This Agreement is not assignable by the Subrecipient without the express prior written consent of the City, which consent shall be given in the City's sole discretion. Any attempt by the Subrecipient to assign any performance of the terms of this Agreement shall be null and void and shall constitute a material breach of this Agreement upon which the City may, among its other remedies, and without limitation, cancel, terminate or suspend this Agreement. 17. Termination and Termination Costs (a) This Agreement may be terminated at any time by any party upon giving its thirty (30) day notice in writing to the other party. The Director or his/her designee is hereby empowered #o give said notice, subject to ratification by the Mayor and Common Council. Further, the City may immediately terminate this Agreement upon the termination, suspension, 5 discontinuation or substantial reduction in HUD CDBG funding for the Agreement activity. Further, and not withstanding any other provision of this Agreement, if the Subrecipient materially fails to comply with any term of this Agreement, or the award the subject of this Agreement, whether stated in a federal statute or regulation, an assurance, in a state plan or obligation, a notice of award, or elsewhere, the awarding agency or city may take any one or more of the following actions, as appropriate in the circumstances: (i) Temporarily withhold cash payments pending correction of the deficiency by the Subrecipient or more severe enforcement action by the awarding agency; (ii) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; (iii) Wholly or partly suspend or terminate the current award for the City's or the Subrecipient's program; (iv) Withhold further awards for the Program; or (v) Take other remedies that may be legally available. Further, and notwithstanding any other provision of this Agreement, the award may be terminated for convenience in accordance with Title 24, Code of Federal Regulations, Part 85.44. (b) Costs of the Subrecipient resulting from obligations incurred by the Subrecipient during a suspension or after termination of this Agreement are not allowable unless the City expressly authorizes them in the Notice of Suspension or Termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowed if: (i) The costs result from obligations which were properly incurred by the Subrecipient before the effective date of suspension or termination, are not in anticipation of it, and, in the case of a termination, are noncancellable; and (ii) The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect. (c) All subrecipients receiving CDBG funds will be required to cooperate and work in collaboration with City departments, to include but not limited to: Police Department, Fire Department and Code Compliance in an effort to 6 promote the well-being of citizens and aid in reducing crime, blight and unsafe conditions. Also, subrecipients may be required from time to time to attend meetings to be held at the Agency. Failure to cooperate may result in the termination of this Agreement in accordance with Section 17. Termination and Termination Costs, Recital (a) of this- Agreement. 18. Program 1 ncome Any and all program income (as defined at Title 24, Code of Federal Regulations, Part 570.500(a)) received by the Subrecipient during the term of this Agreement shall be immediately returned to the City. Any and all program income on hand with the Subrecipient at the time of the expiration of this Agreement, or received by the Subrecipient after the expiration of this Agreement, shall be paid to the City pursuant to the provisions of paragraph 19 of this Agreement. 19. Reversion of Assets Upon the expiration or termination of this Agreement, for any reason whatsoever, the Subrecipient shall forthwith transfer to the City, any CDBG funds on hand at the time of such expiration or termination and any accounts receivable attributable to the use of CDBG funds including, without limitation, program income. Further, any real property under the control of the Subrecipient that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall either be: (a) used to meet one of the national objectives set forth in Title 24, Code of Regulations, Section 570.208, or any successor statute, until five (5) years after the expiration or termination of this Agreement, or for such longer period of time as determined to be appropriate by the City in its sole discretion; or (b) disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of real property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, such real property. 20. Fiscal Limitations HUD may in the future place programmatic or fiscal limitation(s) on CDBG funds not presently anticipated. Accordingly, the City reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, the City may reduce the budget of this Agreement as a whole or as to cost category, and may, at its sole discretion, limit the Subrecipient's authority to commit and spend funds. Where HUD has directed or requested the City to implement a reduction in funding, with respect to funding for this Agreement, the Director or his/her designee may act for the City in implementing and effecting such a reduction and in revising the Agreement for such purpose. The Director or his/her designee may act for the City in suspending the operation of this Agreement for up to sixty (60) days, upon three (3) days written notice to the Subrecipient of his/her intention to so act. In no 7 event, however, shall any revision made by the City affect expenditures and legally binding commitments made by the Subrecipient 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. 21. Use of Funds for Entertainment, Meals or Gifts The Subrecipient certifies and. agrees that it shall not use funds provided through this Agreement to pay for entertainment, meals, or gifts. 22. Release, Indemnification, and Hold Harmless The Subrecipient shall defend (if requested by the City and the Agency), release, indemnify and hold the City and Agency, their officers, officials, attorneys, agents, employees, and volunteers, harmless from and against any loss, liability, claim, or damages that may arise or result from activities of the Subrecipient, its officers, agents, and employees and, shall, at its own costs, expense and risk, defend any and all legal proceedings that may be brought against the City and Agency on any claim, demand, or alleged liability, and shall satisfy any settlement or judgment that may be rendered against any of them arising or resulting from activities of the Subrecipient, and shall assume liability for any and all direct expense incurred in providing services pursuant to this Agreement 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. The Subrecipient, however, is obligated to promptly notify the City and Agency in writing of any such loss or damage. 23. Insurance Requirements ` The Subrecipient shall secure and maintain throughout the term of the Agreement the following types of insurance with limits as shown: a. Statutory Worker's Compensation Insurance. The Subrecipient shall require the carriers of this coverage to waive all rights of subrogation against the City and Agency, their officers, volunteers, employees, contractors and subcontractors. The Subrecipient shall maintain all California statutory requirements of $1,000,000 limit. b. Comprehensive General and Automobile Liability Insurance. The Subrecipient shall obtain general liability insurance on a per occurrence basis with a combined single limit of One Million Dollars ($1,000,000); and automobile liability insurance for owned, hired and non-owned vehicles on a per occurrence basis with a combined single limit of One Million Dollars ($1,000,000). Additional insured endorsements are required for general and automobile liability policy coverage. 8 Additional insured shall be listed as: The City and Agency, their officers, officials, attorneys, agents, employees and volunteers. c. Other Requirements and Acceptable Proof of Insurance. 1. All insurance coverage must be maintained throughout the duration of this Agreement. 2. Insurance companies must have an A.M. Best Rating of B+VII or better. 3. Policy deductibles must be stated for each coverage. Deductibles greater than $5,000 must include a letter of credit. 4. Acceptable Proof of Insurance: a. ACCORD Certificate of Insurance listing all coverage, limits, deductibles and insurers; and blanket endorsements for all applicable coverage if agent has authority to issue it; or b. Binders of insurance for all coverage. Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements and a corresponding Certificate of Insurance listing all insurers and coverage must be submitted to the City and Agency. NOTE: Insurance binders are only valid for 30 days and may need to be reissued if the policy endorsements are still pending. Binders may be issued for a maximum of three, thirty (30) day periods. The Subrecipient shall furnish certified copies of all policies and endorsements to the City and Agency, evidencing the insurance coverage above required, five business days prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) day prior written notice to the City and Agency, and shall maintain such insurance from the time the Subrecipient commences performance of services hereunder, until the completion of such services. An "Insurance Inventory" in the form of which is attached hereto as Exhibit "5" and incorporated herein by this reference, shall be completed by the Subrecipient and approved by the City and Agency prior to the commencement of performance of services hereunder. 9 All policies, with respect to the insurance coverage required above, except for the worker's compensation coverage, shall contain additional insured endorsements naming the City and Agency, and their officers, agents, employees and volunteers as additional name insured, with respect to liabilities arising out of the performance of services hereunder. 24. Conflict of Interest The Subrecipient, its agents and employees shall comply with all applicable federal, state, county and city laws and regulations governing conflict of interest. To this end, the Subrecipient will make available or shall provide copies of all applicable federal, state, county and city laws and regulations governing conflict of interest, to its agents and employees, and shall furnish to the City and Agency, prior to execution of this Agreement, a written list of all current or proposed subgrantees/subcontractors, vendors, and personal service providers, including subsidiaries. This list may be limited to those subgrantees/subcontractors, vendors or personal service providers, including subsidiaries -which will receive Ten Thousand Dollars ($10,000) or more during the term of this Agreement. Such list shall include the names, addresses, telephone numbers and identification of principal parties and description of services to be provided. During term of this Agreement, the Subrecipient shall notify the City and Agency in writing of any change in the list within fifteen (15) days of any change. 25. Budget Modifications The City may grant budget modifications to this Agreement for the movement of funds within the budget categories identified in Exhibit "2" when such modifications: a. Do not exceed $10,000 per budget cost category; b. Are specifically requested by the City; c. Do not alter the amount of compensation subject to or under this Agreement; d. Will not change the project goals or scope of services. e. Are in the best interests of the City and the Subrecipient in performing the scope of services under this Agreement; and f. Related to salaries, are in accordance with applicable salary ordinances or laws. 10 26. Time of Performance Modifications The City may grant time of performance modifications to this Agreement when such modifications: a. In aggregate do not exceed twelve (12) calendar months; b. Are specifically requested by the City; c. Will not change the project goals or scope of services; d. Are in the best interest of the City and the Subrecipient in performing the scope of services under this Agreement; and e. Do not alter the amount of compensation under this Agreement. 27. Independent Contractor The parties hereto in the performance of this Agreement will be acting in the independent capacity and not as agents, employees, partners, joint ventures, 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. 28. Amendments; Variations This writing with attachments embodies the whole of the Agreement of the parties hereto. There are no oral Agreements not contained herein. Except as herein provided, addition or variation of the terms of this Agreement shall not be valid unless made in the form of a written amendment to this Agreement formally approved and executed by all parties. 29. Purchase and Invoice Deadlines Purchase of equipment and property, other than supplies, shall be completed before the last three (3) months of the Agreement period and all equipment bills are to be paid before the last two (2) months of this period. No property or equipment, other than supplies, may be purchased during the final three (3) months of the Agreement. The Subrecipient shall complete all purchases of supplies before the last two (2) months of the Agreement and shall pay ali supply bills before the final month of the Agreement. Invoices which have not been received by the Agency within sixty (60) days after the Agreement termination date shall not be honored. Exceptions to these limitations require prior written approval by the City and Agency, or its designee. 11 30. Acquisition of Supplies and Equipment Following approval by the City for necessary supplies and equipment for Agreement performance, the Subrecipient may purchase from a related agency/organization only if: (a) Prior authorization is obtained in writing from the City; (b) No more than charges for reimbursement costs are made and no less than minimum specifications are met as provided in writing by the City; (c) A community related benefit is derived from such the Subrecipient related acquisition; and (d) No conflict of interest or private gain accrues to the Subrecipient or its employees, agents or officers. 31. Program Monitoring The City will monitor the Subrecipient in the performance of this Agreement. The Subrecipient shall maintain such property, personnel, financial and other records and accounts as are considered necessary by HUD, and the City, to assure proper accounting for all CDBG funds authorized under this Agreement. The Subrecipient will permit on-site inspection by the City and Agency and HUD representatives, and ensure that its employees and board members furnish such information, as in the judgment of the City and HUD, may be relevant to a question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. All the Subrecipient records, with the exception of confidential client information, shall be made available to representatives of the City and appropriate federal agencies. The Subrecipient will maintain a copy of the Income Qualification Statement in the form of which is attached hereto as Exhibit "6" and incorporated herein by this reference, for each client served. The Director or his/her designee will conduct periodic program progress reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable goals achieved the effectiveness of program management, and the impact of the program. 32. Monthly Progress Reports By the fifth (5th) day of each month, the Subrecipient shall submit a Monthly Status Report on the progress of the program to the Agency. This report shall conform to the HUD Monthly Accomplishment Form in the form of which is attached hereto as Exhibit "7" and incorporated herein by this reference. Totals should reflect monthly and cumulative data of all persons/households assisted under this Agreement. A supporting narrative will also be required, that 12 describes in measurable terms, the accomplishments and activities attained during the reporting month by the Subrecipient in meeting the goals described in Exhibit "1 "Project Description during the reporting month. 33. Use of Funds Funds allocated pursuant to this Agreement shall be used exclusively for costs included in the Subrecipient's program budget. Agreement funds shall not be used as security or to guarantee payments for any non-program obligations, nor as loans for non-program activities. All bank accounts for the Subrecipient shall be non-interest bearing. 34. Religious Proselytizing or Political Activities The Subrecipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of public services with CDBG funds, pursuant to Title 1 of the Housing and Community Development Act of 1974, as amended, and provided the Subrecipient is and has qualified to participate in this Agreement as a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization, the Subrecipient: a. Represents that it is not, or may not be deemed to be, a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization; b. Agrees that, in connection with such public services: (i) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; (ii) It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, 13 and exert no other religious influence in the provision of such public services; (iv) The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the Subrecipient and in which the public services are to be provided; provided that, minor repairs may be made if such repairs (1) are directly related to the public services, (2) are located in a structure used exclusively for non-religious purposes, and (3) constitute in dollar terms only a minor portion of the CDBG expenditure for the public services. 35. Audits The Subrecipient is required to arrange for an independent financial and compliance audit annually for each fiscal year Federal funds are received under this Agreement. An audit may also be conducted by Federal, State, or local funding source agencies as part of the City's audit responsibilities. The results of the independent audit must be submitted to the City within thirty (30) days of completion. Within thirty (30) days of the submittal of audit report, the Subrecipient shall provide a written response to all conditions or findings 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, within six (6) months after receipt of the audit report. The City and Agency, 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 the Subrecipient, whose staff will cooperate fully with authorized auditors when they conduct audits and examinations of the Subrecipient's program. If indications of misappropriation or misapplication of the funds of this Agreement cause the City to require a special audit, the cost will be encumbered and deducted from this Agreement budget. Should the special audit confirm misappropriation or misapplication of funds, the Subrecipient shall reimburse the City. 36. Counterparts This Agreement 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 Agreement. 37. Status of the Subrecipient This Agreement shall not become effective until such time as the Director or his/her Designee submits to the Subrecipient written notice that the Subrecipient is an eligible Subrecipient ("Eligible Subrecipient") as defined in Title 24, Code of Federal Regulations, Section 570.204(c). The Subrecipient represents and 14 warrants that once recognized as an Eligible Subrecipient, it will take any and all necessary actions to remain an Eligible Subrecipient. Further, in this regard, in the event the Subrecipient no longer qualifies as an Eligible Subrecipient, it shall forthwith notify the City in writing of such lapse of qualification. 38. Legal Proceedings Should any legal proceedings be commenced to enforce, enjoin, or collect funds or otherwise affect this agreement between the parties, it shall be filed in San Bernardino County Superior Court. The prevailing party shall be entitled to recover its reasonable legal fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City and Agency shall be considered as "legal fees" for the purposes of this paragraph. 39. Exhibits The Exhibits to this Agreement, one (1) through (7) are an integral part of this agreement and have each been incorporated herein. The Agreement shall not become effec#ive until such time as the Subrecipient has properly filled out and fully executed each exhibit to this Agreement, as required, and the Director or his/her designee has reviewed and approved the form and content of each exhibit. /I// //// //// //// //// //// //// 15 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. CITY OF SAN BERNARDINO, SUBRECIPIENT a municipal corporation Asian-American Resource Center g By. y. Fre it on, City Manager Title: ~~s%~i~/~'~ Cit of San Bernardino ATTEST: By: C~° ~--~~. Rach I Clark, City Clerk Approved as to Form: ,. .- } Y~ ~--- James F. man, City Attorney 16 EXHIBIT 1 Project Description Economic Development Agency of the City of fan Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement Name/Address of Subrecipient Organization: ASIAN-AMERICAN RESOURCE CENTER 1115 South "E" Street San Bernardino, CA 92408 Project Activity Title: ESL/Civic and Job Traininc~_ Date Issued: May 29, 2008 ®Original ? Amendment Project Activit Descri tion Be S ecific For the past years, the Asian American Resource Center's ESL/Civic and Job Training Program has succeeded in helping many hundreds of Asians and other communities b learn English, adjust socially, finds jobs, and become self-sufficient. For this community to succeed in transitioning to self-sufficiency, significantly specialized services will be required. The Center currently provides ESL/Civic and Job Training classes five days a week, Monday through Friday from 9:00 am - 11:30 a.m. The purpose of our ESL/Civic and Job Training program is to promoting sustainable family self-sufficiency, through improve Vocational English and life skills. l EXHIBIT 2 Budget Summary Economic Development Agency of the City of San Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement Name of Subrecipient Organization: ASIAN-AMERICAN RESOURCE CENTER Date Issued: May 29, 2008 ®Original ? Amendment Cost Category Fundin Total CDBG Other Sources Funding PERSONNEL ~ ~ ~ _ ~r~` .3 ~ ,~ A. Wa es 10,250 20,000 30,250 B. Benefits Total Wa es/Benefits 10,250 20,000 30,250 i 7yiys t. _ F tt' nt& _ '.e 1{ F: N a r v ~ r ,~. ~ ~y ~ ~ tY3- ~ ki ~ 'r ;5~"~~"~ t~ ~ ri'..1 ~ v i ~- '~ 'x. x. r't ~~~''t ~i SClF'PLIES/SERVICE COS.. `Sr } r~. ~a, ~~,~~ =rx.:~, ~ ~ 7~ k ~`i y ~ x~~~ ~kL-. ~:~:.4 ~, Z` ~- 'C ~r: w<g ' ~h - ~e " i t5 ri r.;~ 1 „fir ~i~ ~.t ~ ..Y .lj.,£';F, i` . ~ ° r f i't: ~ _ 1. ~ ' .0~' k~,..~ s . ;~, .i ^~". .tom ..e .~:#°~.. Consultant/Contract Services Consumable Su lies E ui ment Insurance Other: ) Liabilit Insurance S ace Rent Travel Utilities Workman Com ensation Insurance Other: Total Su lies/Service Costs If costs are to be shared by other sources of funding, including CDBG funds from other jurisdictions, identify the source of funding, grantor/lending organization and amount. Grantor/Lendin Or anization Source of Fundin Amount . California De artment of Education CDE Adult Education 20,000 Section 108 Loan Guarantee Other Federal Funds State/Local Funds Private. Funds Other 1 EXHIBIT 2 Budget Summary Economic Development Agency of the City of San Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement Project: ESUCivic and Job Training Name and Address of Prospective Maintenance and Operation Entity: Asian-American Resource Center, 1115 South E Street, San Bernardino, CA 92408 The governing body of the above public, Quasi-Public, or Non-Profit entity has the financial capaci#y and is willing to assume the maintenance and operation responsibility and costs associated with the indicated CDBG project. This body has reviewed this Exhibit 2 and to the best of its ability has determined this budget to be a true and accurate estimate of the annual Maintenance and Operation costs for the proposed project. The maintenance and operation costs that will be considered are those authorized under 24 CFR 570.201(e) and 24 CFR 570.206 (a) (4) while activities under 24 CFR 570.207(a) (2) classified as ineligible will not be allowed. Sufficient funds are available from non-CDBG sources to complete the program/project as described. Examples of eligible cost are: - Rental or Purchase of Equipment - Insurance - Utilities - Office Supplies - Rental and Maintenance of Office Space - Staff Salary It is understood that without a commitment for maintenance and operation, the indicated project may not be considered for funding under the Community Development Block Grant Program. NOTE: It is understood that without a commitment for maintenance and operation, the indicated project may not be considered for funding under the Community . Development Block Grant Program. Community Development Block Grant Funds may not be utilized for ongoing maintenance and operation costs of capital improvements/facilities. 2 EXHIBIT 3 Budget Justification Economic Development Agency of the City of San Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement Name of Subrecipient Organization: ASIAN-AMERICAN RESOURCE CENTER Date Issued: Ma 2y 9, 2008 ®Original ? Amendment Personnel Wa es Detail Position~f"itle Hourly Number of ; Length of ~ ~ ~ ~ . ~ _ ~ ~ ~ ~ ~ Y ~, ~ Yearly, Cost •Ra e -HoursllNeek ~E lo~ ment ':~ s t k Instructor 33 30 12 mos. 47,520 TOTAL 30 12 mos. 47,520 Personnel Benefits Detail T ` ~e .of Costs , . .%' of Sala~`=~lCalculation x t ~ ~ ; Yearl ~ Cost ,~°` f TOTAL Total Wa es/Benefits ~Wa es r r_ ;, Benefi~i'ts` .t. ~ t ~ : ~ ~ ~ ~ ~ ,~ ,tTo a - ; Vii: Lj ~,;~ EXHIBIT 4 Request for Reimbursement Economic Development Agency of the City of San Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement PROJECT ACTIVITY TITLE: ESL/Civic and Job Training DATE ISSUED: May 29, 2008 ® Original ? Amendment # PROPOSED SCHEDULE OF PAYMENTS (REQUEST FOR REIMBURSEMENT ONLY) Request of reimbursement for the period of 12 months at $10,250/12 mos.= $854.16 EXHIBIT 5 Insurance Requirements Economic Development Agency of the City of San Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement Project Activity Title: ESL/Civic and Job Training ® Original ? Amendment # INSURANCE INVENTORY (See attached copy of Insurance Policy) PRIMARY INSURANCE POLICY Name of Insurance Company: Travelers Property Casusalty Effective Dates of Policy: 8/17/208 (per occurrence policy) Limits of Liability: ~1,OOOL000 Deductibles Per Occurrence: 500 EXCESS/UMBRELLA POLICY Name of Insurance Company: Effective Dates: Limits of Liability: Underlying Coverage Limits: . Name of Underlying Company: _ Endorsements Attached: Yes (Name specific endorsements) Additional Insured Endorsement Attached: ®Yes ? No Certified Copy of Policy Attached: ®Yes ? No Certificate of Insurance Attached: ®Yes ? No 08/28/2007 11:32 FAX 9093071390 CCI ~ 019/024 ~.~.~, CERTIFICATE 01= L1~4QILtTY INSURANCE oBiZ i2o~ PROOUCeEt (909)307-6076 FAX (909) 798-4107 THIS CERTIFICATE IS ISSUED A6 A MATTER OF INFQRMATION Central City Insurance Agency, xnc . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1901 Orange Tree Lane HOLDER. THIS CERTIFICATE DOES NOT AMEND, EkTEND OR ALl'ER THE COVERAGE AFFORDED 8Y THE POLICIES 6E~.OW. Suite 100 Redl ands , CA 92374 INSURERS AFFORDING COVERAGE NAIC # wsuREO Asian American ducat Tana INSURER A: Travelers Property usual ty 1115 South "E" Street INSu~R e: San Bernardino' CA 92408 ~Nsua~ c: INSURER 0. INScJ1iEA E: THE PQLICIES OF INSURANCE LISTEp BELOW HAVE BEEN ISSUED 70 THE INSURED NAMED ABOVE FQFZ THE POLICY PERIOD INDICATED_ NOTWITHSTANDING ANY REQUIREMENT, T@RM OR CONDffIQN pF ANY CONTRACT QR QTFiER bOCUMENT WITH RESPECT TO WH1CH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 8Y THE POLIt~iE$ DESCRIBED HEI7EIN IS SUBJECT TO ALL THE TERMS. EXCLU$IQN$ ANO CONDITIONS OF SUCH PQLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED 8Y Pgtp CLAIMS. tN9R D 7YpE OF INSURANCE POLICY NUYBEq POt.ICY EFFECTrvE POLICY EXPIRATipN uY1Ta t3ENERALLIAe1LrTY 6605502L63807 0$/17/2007 08/17/2008 EACHOCCIJRRENCE ~ 1 000 00 X CoMMEiiCIAt GENteRAL LIABILITY OAMAOE TO RENTED 3 200 CLAIMS MAQE Xa OCCUR MED ExP {Any one pcr~an) S 10, OO A PEasoNAL a ADV IWVRY s I , 000 00 GENERAL AGORECiATE ~ l , 000 00 GEN1 AOtiREl3A'fE LIMIT APPLIES PEfl; PRObUCT3 - COMP/QP AGG S 1 O04 , OO X POLICY JEST LOC wuTt?~t7e~LELtA~uTY 6605S02Lfi3$07 08/17/2007 0/17/2006 GQMB~NEOS~NCLEUAAiT AIYY AUTO (Ea acddent) S 1,000 00 ALL OWNED AUT08 SCHEDULED AUTQS PoOpeYralo URY S A K HIRED AUTOS X NON-0WNED ALITf~$ BODILY Ir~L1 ;RY s Per exidenl PROPERTY DA#AAGE 3 (Pcr Pacldenl) t3ARAGE LIA81?..ITY AU70 ONLY - EA ACCIDENT S ANY AUTO OTHER THAW EA ACC S AUTO ONLY: AGG S BIiGQS$?UY9RELLJI LIABILITY EACH OCCU~NGE $ OCCUR ~ CLAIMS MAQE AGGREOwTE $ i DEOUCTItjLE 5 RETENTION S ~ WORKERS COYP~NSA710W AND WC 3TATU- OTH• lMPLOYER9' t.lA81L!'iY ANY PROPRIETOR/PARTNERlEXECUTIVE E.L_ EACH ACCIDENT S QFFICEWMEMBa:R EXCLUDED? E.L. DISEASE - EA EMPLO 3 Ity~ describe under $PECu+L PRbV1310w5 below E.L. DISEASE -POLICY LfDAIT S ro~essional Liability 660550263607 08/17/2007 08/17/2008 1,000,000 Occurrence A 1,000,000 A r gg agate OE$CRIPTION OF OPERATIONS ~ LpGAYlprte f VEHICLES / EXCLl~$IpryS ADDED BY ENDORSC6ILNT / SPECIAL RROVISK)NS 10 day notice for cancel7dtion by nan-payml~nt SHOULD ANY OF THE ABQVE flESGR16ED POLICIES 8E CANCELLED BEFORE THE EKPIRATION DATE TI~fiEOF, THE 1351ANG INSURIzR MMLL ENDEAVOR TO PAIL The E~onvmi c Development Agency ~3O DAYS WFZYI'i'EN NOTICE TO TFIE CERTIFICATE HOLDER NAIdED TQ THE LEFT, The City of San 8ernardi~o ZOl N , E Street BUT FA1t,URE 70 hWL SUCH NOTICE SHALL IMPOSE NO OBLIGATroN OR LIAQIU7Y Suite 301 pF ANIr Ktl~ UPON THE INSLIRHR, ITS ACiENT9 OR REPRE8ENTAT San f3ernardino~ CA 92401-1507 AUTi?bRIZl=6REPREBENTAT'IYE Patricia wa ner PAW ACORD 25 (2001!08) ~ACORD COR RATION 198$ (~j 015/024 08!38/2007 11:51 FAX 9093071594 CCI • Asian American Educational ~ Cultural Respurce Center j • - C~MMEHCiA1. GENERAI. L1~481i.1'I'Y POUG'°Y NUMBED: ssos5o2L6~eo7 : ~ ISSUE DATE: 08/17/2007 TNtS ENDbR~EMENT C~iA1~i~ES THE POLICY. pLFA~E READ 1T CAREFUL.~.Y. 1NAIVER t~~ TRAtVS~~R RI~~1'$ CAF R~~C~'V~RI~ A~AiiV~l'•f~T'HER~ T~ l1~ • - Th1s endarsemeult mvdifles insurance pravtd~l under the faAawing: • . GQMAI[ERCtAL GEfVERAL LIA~IILIIY CO'yERAG~ PAFiI" SCl1E:.DULE .NarAe of Person ar OrSantzafton: The County of Riverside, iYs officers, employees, agents, volunteers, contractors, and sub-contractors. i • 1 • (tf ha entry appears ~ba~?a, inF~?tina~icm r6q fitted to opm?pt~e this endacsernertii w~l be shown in tt~s Dedaratton9 as applicable to this endarsement.~ . _' The TRANSFER OF, RIflHTB ~ i~C;0~1fERY damage arising out aF ycwr ot~goinA operax[at~s or . AGAINST C7'EiER$ TO t)S. Condltlorl (Se:ctloti lY "yau+r vvurk' done ucxler a centred with theft per6an CQMM~AL IaENEFiAl. LiA81t.,CfY CaNDfTibNSf ar arflanlxatlan end Included in ~ "proclttcta- ~ ; is amended by the addttlan of the fatlvwing: o~amptated ap@tadona hazards' This waiver a~ileg We vralve any right ofi recovery we may h8~vo a~~.tttst ar~~? to the person or org~nfzatlor+ shown its the the person or arganizatlan shown In the Schad ale Schad uIe above. above because c~f~ paprnents we rnake for Injury or - C!~ 24 04 ip 63 ~pyrleht, ]nsuraitce Services bfflce, Inc..199~ Page 1 t7t 1 0,8/28/2007 11:51 FAX 9093071390 CCI ~ 016/024 Asian American Educational ~ Guttural Resource Center - COMMERCIAL GENERAL LIA81L,fT'Y PCLIt~ NUMEER:ssosS02Ls3so~ ~ ISSUE PATE: 08/17/2007 THIS EAlDOE~S~M~NY CM14NG~S THE POLICY. pLEA,SE !~>*AI?.11' ~ARlr~t,LY. CHARITY FIRST.-A?IVI~N-DN1~NT O~ ~OVEF~C~~- WM~ IS AN IItit~UR~t~ Th1s endorsement mod~ies Insurance pravlded under the following: COMMERCAAt, GE.tVERAI, LIABILITY COVERAGE PART SGH~pUL~E . Name Ot p+eisan pr Organization (~lddttional Insured): The GQUnty of Riverside, it's officers, employees, agents, volunteers, contreGtors, and Sub-t;on#racfors_ .' DC'Si~natiipn Of Preml$es (P~1t Leased to You) LQCATxON ~1 WHO IS AN #NSUREU (section ti) ~ emended to tian~ In cor~tderation ;dr funding ar financial Indude as an ir>$ured: - oantributlons you reoelve frarn them; A. Your and volurse~ b~ only with 3. The owrterahip, malr~nanoa ar u9a of that ' r~espea to theft lia~ttity for your acxhritles or ac- part of a premises leased to you; yr tivities they perform ors your behalf; 4. "Your work" for that Ensured or for B. Your trustees or members of the board ~ r_ bl? you, ' rota whia acting wttfrln the scope of their dutle$ ~ restaec~s part ~.3. e?bove, this Irsurance, does 8s such on your behaff; and ~ ~ ap>~p ta; C. Persan($) ter organlzatlan(a), whether ar r~ (a) Strutrtural eitpr~tians~ new constn~tlon shornm M the 8ched~de above, but only with of +~emotttion operatid~t9 performed ay . respect to their liab~~y aHsing out of: ar ot~ behalf of the person(s) ar oraanlza- 1. their firzanclal C~rttr0l oV~9f yau; tlOn(9) ~ oC Theic r uirernenta far cettatn (b) ~Y "aecurrenoe" which takes place after ` ~1 petforrnanee y~ ease to ba a tenant in that . ~ placed upon y~vu~ es a non-pro#~ arganl~a- premises. tiM Q16S O7 96 Copyright, ~'raveters Indemnity Carnpany. Page s of 1 EXHIBIT 6 ~ ~ ~ ~ V, Income Qualification Statement .~.,y ~ E~ainp.~ , D~ Not..:.. : - ~.~~,. . . Economic Development Agency of the City of San Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement This Program is available at no cost for individuals or families who meet the income limits specified below. The income limit is based on the total gross annual income of all household members from all sources of income. 2008 Annual Gross Income Limit Number of Persons Per Household 1 2 3 4 5 6 7 8+ 30% of Median $14,000 $16,000 $18,000 $20,000 $21,600 $23,200 $24,800 $26,400 Ve Low-Income 50% $23,300 $26,650 $29,950 $33,300 $35,950 $38,650 $41,300 $43,950 Low-Income 80%) $37,300 $42,650 $47,950 $53,300 $57,550 $61,850 $66,100 $70,350 1. Total Number of Persons in Household: 2. Total Annual Gross Income of Household: 3. Number of Persons Handicapped or Disabled: 4. Number of Persons 60 Years of Age or More: 5. Ethnicity: ? White/Not Hispanic Origin ? Black Not Hispanic Origin ? Hispanic ? American Indian/Alaskan Native ? Asian/Pacific Islander I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MADE ON THIS FORM ARE TRUE. Name: Date: Address: (Street, City, State, Zip) Signature: Title: P:1FormslHousing FormsICDBG FormsICDBG Agreement.doc ~ ~ ~ EXHIBIT 7 ~- ,~., ~ ~~Form Month) Accom lishment Form Y P ~ o plete Sau Berner ono Economic Develo ment A envy City of San Bernardino '~~ ~ ` ~ P 9 Community Development Block Grant Monthly Accomplishment Report for the Month : 2008/2009 Subrecipient Information - Name: Address: Name of Program Activity: Actual Program Goal Met: Program Goal for the Year: This Month: Program Goal for the Month: Year to Date: Number of Beneficiaries Served This'MOnth - Number of Individuals Benefited this Month: Number of Female Head of Households: Of the Number of Individuals Benefited, How many were -New Applicants: Number of Individuals Benefited Year to Date Totals. Current and New Columns, when added together, should equal total Number of Individuals Benefited this Month: Current New Current New Current New Current New July Oct Jan Apr Aug Nov Feb May Sept Dec Mar Jun Income Levels Extremely Low Income (30% AMI) Above 80% AMI Very Low Income (50% AMI) Low Income (80% AMI) TOTAL 30% 50% 80% HOUSEHOLD SIZE MEDIAN INCOME MEDIAN INCOME MEDIAN INCOME Extreme) Low Ve Low Low 1 14 000 23 300 37 300 2 16 000 26 650 42 650 3 18 000 29 950 47 950 4 20 000 $33 300 $53 300 5 $21 600 35 950 57 550 6 23 200 38 650 61 850 7 24 800 41 300 66 100 8 $26 400 43 950 70 350 Page 1 of 4 Economic Development Agency City of San Bernardino Community Development Block Grant San Bernar ~ino~ Monthly Accomplishment Report for the Month: 2008/2009 Subrecipient Name: Ethnicity Applicants Current New this Month White: Black/African American: Asian: American Indian/Alaskan Native: Native Hawaiian/Other Pacific Islander: American Indian/Alaska Native & White: Asian & White: Black or African American & White: American Indian/Alaska Native & Black or African American: Hispanic Other Multi-Racial: TOTALS: **Cumulative Total: **Cumulative Total for both Current and New Applicants should match Total Number Benefiting for this month Service- Hours Of the number of individuals served this month, attended hours of service, for a total of service hours this month. Examp/e: Of the number of individua/s served this month, IZ attended 30 hours of service, for aIota/ of 360 service hours this month. Year to Date Service Hours: Jul October Janua Aril Au ust November Februa Ma Se tember December March June Total service hours provided to date are: Of the individuals who have participated in your program, how many: Now have new access to this service or benefit Now have improved access to this service or benefit Now receive a service or benefit that is no longer substandard Page 2 of 4 Economic Development Agency City of San Bernardino ~~"' ~ ~~fr„ Community Development Block Grant San Berner ino Monthly Accomplishment Report for the Month: 2008/2009 Subrecipient Name: Narrative , Please provide a narrative of what your organization accomplished this month. Page3of4 l ECONOMIC DEVELOPMENT -JOBS CREATION/BUSINESSES ASSISTED Of the businesses assisted, how many jobs are you expected to create or retain? TOTAL FT JOBS JOB COUNT TOTAL WKLY HRS FT-L/M PT PT-L/M Ex ect to Create Ex to Retain Of the businesses assisted, how many jobs were actually created or retained? TOTAL FT JOBS JOB COUNT TOTAL WKLY HRS FT-L/M PT PT- M Actuall Created Actual) Retained Of the jobs created, how many had employer sponsored health care benefits? How many individuals were unemployed prior to taking jobs created by the businesses assisted? What types of jobs were created? Officials and Managers Craft Workers (Skilled) Professional Operatives (Semi-Skilled) Technicians Laborers (Unskilled) Sales Service Workers Office and Clerical Of the Businesses assisted, how many were new? Of the Businesses assisted, how many were existing? Of the existing businesses assisted, how many are expanding ,how many are relocating ? How many businesses were assisted with commercial facade treatment/business building rehab? How many of the businesses assisted provided goods or services to meet the needs of a service area, neighborhood, or community? Please provide a Duns Number for each of the businesses assisted: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. A DUNS number is now a requirement for any business that receives Federal assistance. However, if the assistance is for general training/TA for an entrepreneur who wants to start a business but where no business exists then the grantee is not required to fill in the DUNS number. To obtain a DUNS number call 1-866-705-5711. The process is free and takes about 10 minutes. Page4of4 CDBG SUBRECIPIENT AGREEMENT (Public Services Program) between THE CITY OF SAN BERNARDINO And Central City Lutheran Mission f ~ TABLE OF CONTENTS OPERATIVE PROVISIONS ...........................................................................................................................1 1. Scope of Services .............................................................................................................................1 2. Time of Performance ........................................................................................................................1 3. Compensation and Method of Payment ...........................................................................................2 4. Compliance with Laws and Assurances ...........................................................................................2 5. Affirmative Action ..............................................................................................................................2 6. Discrimination ...................................................................................................................................3 7. Accounting ........................................................................................................................................3 8. Budget Section .................................................................................................................................3 9. Non-Expendable Property ................................................................................................................3 10. Expendable Personal Property .........................................................................................................3 11. Purchase or Lease of Non-Expendable Property or Equipment ......................................................4 12. Changes in Grant Allocation .............................................................................................................4 13. Revenue Disclosure Requirement ....................................................................................................4 14. Joint Funding ....................................................................................................................................5 15. Notices ..............................................................................................................................................5 17. Termination and Termination Costs .................................................................................................5 18. Program Income ...............................................................................................................................7 19. Reversion of Assets ..........................................................................................................................7 20. Fiscal Limitations ..............................................................................................................................7 21. Use of Funds for Entertainment, Meals or Gifts ...............................................................................8 22. Release, Indemnification, and Hold Harmless .................................................................................8 23. Insurance Requirements ..................................................................................................................8 24. Conflict of Interest ...........................................................................................................................10 25. Budget Modifications ......................................................................................................................10 26. Time of Performance Modifications ................................................................................................11 27. Independent Contractor..~ ................................................................................................................11 28. Amendments; Variations ................................................................................................................11 29. Purchase and Invoice Deadlines ....................................................................................................11 30. Acquisition of Supplies and Equipment ..........................................................................................12 31. Program Monitoring ........................................................................................................................12 32. Monthly Progress Reports ..............................................................................................................12 33. Use of Funds ..................................................................................................................................13 34. Religious Proselytizing or Political Activities ..................................................................................13 35. Audits ..............................................................................................................................................14 36. Counterparts ...................................................................................................................................14 37. Status of the Subrecipient ..............................................................................................................14 38. Legal Proceedings ..........................................................................................................................15 39. Exhibits ...........................................................................................................................................15 EXHIBIT 1 Project Activity/Description EXHIBIT 2 Budget Summary (pages 1 and 2) EXHIBIT 3 Budget Justification - (Service/Supplies) EXHIBIT 4 Request for Reimbursement EXHIBIT 5 Insurance Requirements EXHIBIT 6 Income Qualification Statement EXHIBIT 7 Monthly Accomplishment Form ~ ' Community Development Block Grant Public Services Subrecipient Agreement FY 08/09 This Agreement is entered into this 1St day of July, 2008, by and between the City of San Bernardino, a municipal corporation, hereinafter referred to as the "City" and Central City Lutheran Mission hereinafter referred to as the "Subrecipient." WITNESSETH WHEREAS, the City has entered into a contract with the United States of America through its Department of Housing and Urban Development (HUD) to execute the City's Community Development Block Grant (CDBG) Program under the Housing and Community Development Act of 1974, as amended, hereinafter called the "Act;" and WHEREAS, the City and the Subrecipient have an interest in providing necessary services to and enhancement of the quality of life of its citizens; and WHEREAS, the City and the Subrecipient recognize that the project herein is eligible under HUD regulations; and WHEREAS, the City and the Subrecipient desire to cooperate in the implementation of the program by reason of experience, preparation, organization, staffing, and facilities to provide services for the benefit of low- and moderate-income persons. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: OPERATIVE PROVISIONS 1. Scope of Services The Subrecipient shall perform all the services described in the Project Description and Scope of Services set forth on Exhibit "1" to this Agreement a copy of which is attached hereto and incorporated herein by this reference. 2. Time of Performance Said services of the Subrecipient are to commence on July 1, 2008, and shall be completed no later than June 30, 2009. 1 3. Compensation and Method of Payment For performance of such services, the City shall pay the Subrecipient an amount of money not to exceed twelve thousand five hundred dollars ($12,500.00) which the Mayor and Common Council approved as part of the Fiscal Year 2008/2009 CDBG budget. Said payment shall constitute full and complete compensation for performance by the Subrecipient of the Services under this Agreement. Method of payment shall be in the form of a Request for Reimbursement in accordance with the terms and conditions set forth on Exhibit "4" to this Agreement, a copy of which is attached hereto and incorporated herein by this reference. All Requests for Reimbursement shall be submitted on a monthly basis in accordance with HUD regulations "Audit Ready." The Redevelopment Agency of the City of San Bernardino (the "Agency") on behalf of the City, will reimburse the Subrecipient one-twelfth (1/12) or $1,041.66 of total allocation beginning the month of July 2008. Verifiable supporting documentation of expenditures for services rendered, plus proof of payment all acceptable to the City in the sole discretion of the City shall be submitted prior to any payment by the City to the Subrecipient. Supporting statements shall give the total of said monthly expenses and shall also itemize the same in detail conforming to the Budget Summary set forth on Exhibit "2". After timely receipt of each supporting statement, the City will draw a warrant within thirty (30) days in favor of the Subrecipient for the total amount of the Request for Reimbursement approved by the City. The City will reject and return reimbursement requests not properly and/or completely submitted. 4. Compliance with Laws and Assurances The Subrecipient hereby assures and certifies that it has complied and will continue to comply with the Act and all applicable federal, state, and local laws, ordinances, regulations, policies, guidelines, and requirements as they relate to acceptance and use of federal funds for this federally-assisted program. This Agreement is subject to all such laws, ordinances, regulations, policies and guidelines, including, without limitation, the Act; Title 24, Code of Federal Regulations, Part 85; Title 24, Code of Regulations, Part 570; and U.S. Office of Management and Budget Circulars applicable including, without limitation, A-87, A-95, A-110, A-122 and A-128. 5. Affirmative Action The Subrecipient 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, the Subrecipient 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. 2 6. 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 Agreement. 7. Accounting The Subrecipient shall establish and maintain on a current basis an adequate accrual accounting system in accordance with generally accepted accounting principles, practices, and standards. 8. Budget Section No more than the amounts specified in the Budget Justification set forth on Exhibit "3", shall be spent for the separate cost categories specified in Budget Summary set forth on Exhibit "2", without prior written approval of the Executive Director (the "Director") of the Agency, the Administrator of the CDBG Program, or his/her Designee. 9. Non-Expendable Property A record shall be maintained by the Subrecipient for each item of nonexpendable property acquired for this program with HUD CDBG funds. This record shall be provided to the City as well as being available for inspection and audit upon reasonable notice by the City at the request of the City. Non-expendable property means tangible personal property having a useful life of more than one (1) year and an acquisition cost of Three Hundred Dollars ($300.00) or more per unit. The Subrecipient shall not purchase or agree to purchase non-expendable property without the prior written approval from the Director or his/her designee. Upon completion or early termination of this Agreement, the City reserves the right to determine the final disposition of said non-expendable property acquired for this program and HUD CDBG funds in compliance with applicable laws and regulations. Said disposition may include, but is not limited to, the City taking possession of said non-expendable property. 10. Expendable Personal Property Expendable personal property refers to all tangible personal property other than non-expendable personal property. The Subrecipient shall not purchase or agree to purchase expendable personal property with a unit value of Three Hundred Dollars ($300.00) or more per unit without the prior written approval of the Director orhis/her designee. 3 11. Purchase or Lease of Non-Expendable Property or Equipment The Subrecipient shall obtain three documented bids prior to purchasing or leasing any non-expendable personal property or equipment over Three Hundred Dollars ($300.00) in unit value as approved in the Budget set forth on Exhibit "2", The Budget Summary. The Subrecipient shall purchase or lease from the lowest responsive and responsible bidder. All equipment that has a purchase or lease price of over Fifty Dollars ($50.00) in unit value and life expectancy of more than one (1) year shall be properly identified and inventoried and shall be charged at its actual price, deducting all cash discounts, rebates and allowances received by the Subrecipient. This inventory shall be provided to the City as well as being available for inspection and audit upon reasonable notice by the City at the request of the City. 12. Changes in Grant Allocation The City reserves the right to reduce the grant allocation when the City's fiscal monitoring indicates that the Subrecipient'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 the Subrecipient. Such changes shall be incorporated into this Agreement by written amendments. 13. Revenue Disclosure Requirement By its execution of this Agreement, the Subrecipient certifies that it has previously filed with the Agency, a written statement listing all revenue received, or expected to be received, by the Subrecipient from federal, state, city and county, and from other governmental agencies, and applied or expected to offset, in whole or in part, any of the costs incurred by the Subrecipient in conducting current or prospective projects or business activities, including, but not limited to, the project or business activity which is the subject of this Agreement. Such statement shall reflect the name and a description of such project, the dollar amount of funding provided, or to be provided, by each and every governmental agency to each such .project or business activity, and the full name and address of each such governmental agency. During the term of this Agreement, the Subrecipient shall prepare and file a similar written statement each time it receives funding from any governmental agency which is additional to that revenue disclosed in the Subrecipient's initial revenue disclosure statement hereunder. Such statement shall be filed with the Agency, within fifteen (15) calendar days following receipt of such additional funding. The Subrecipient shall make available for inspection and audit by the City's and Agency's representatives, upon request, at any time or times during the duration of this Agreement 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 the City. All such books and records shall be maintained by 4 the Subrecipient at their designated business location. Failure to comply with the requirements of this section of the Agreement shall constitute a material breach of this Agreement upon which the City may, among its other remedies, and without limitation, cancel, terminate, or suspend this Agreement. 14. Joint Funding For programs in which there are sources of funds from the private sector in addition to HUD CDBG funds, the Subrecipient shall provide proof of such funding. The City shall not pay for any services provided by the Subrecipient which are funded by other sources. All restrictions and/or requirements provided in this Agreement relative to accounting, budgeting, and reporting, apply to the total program regardless of funding sources. 15. Notices All notices herein required shall be in writing. Notices shall be sent by prepaid First Class Mail to the following Address: To the City: Economic Development Agency Attn.: Interim Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 To the Subrecipient: Reverend David J. Kalke Central City Lutheran Mission 1354 North "G" Street San Bernardino, CA 92405 16. Assignment This Agreement is not assignable by the Subrecipient without the express prior written consent of the City, which consent shall be given in the City's sole discretion. Any attempt by the Subrecipient to assign any performance of the terms of this Agreement shall be null and void and shall constitute a material breach of this Agreement upon which the City may, among its other remedies, and without limitation, cancel, terminate or suspend this Agreement. 17. Termination and Termination Costs (a) This Agreement may be terminated at any time by any party upon giving its thirty (30) day notice in writing to the other party. The Director or his/her designee is hereby empowered to give said notice, subject to ratification by the Mayor and Common Council. Further, the City may immediately terminate this Agreement upon the termination, suspension, 5 discontinuation or substantial reduction in HUD CDBG funding for the Agreement activity. Further, and not withstanding any other provision of this Agreement, if the Subrecipient materially fails to comply with any term of this Agreement, or the award the subject of this Agreement, whether stated in a federal statute or regulation, an assurance, in a state plan or obligation, a notice of award, or elsewhere, the awarding agency or city may take any one or more of the following actions, as appropriate in the circumstances: (i) Temporarily withhold cash payments pending correction of the deficiency by the Subrecipient or more severe enforcement action by the awarding agency; (ii) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; (iii} Wholly or partly suspend or terminate the current award for the City's or the Subrecipient's program; (iv) Withhold further awards for the Program; or (v) Take other remedies that may be legally available. Further, and notwithstanding any other provision of this Agreement, the award may be terminated for convenience in accordance with Title 24, Code of Federal Regulations, Part 85.44. (b) Costs of the Subrecipient resulting from obligations incurred by the Subrecipient during a suspension or after termination of this Agreement are not allowable unless the City expressly authorizes them in the Notice of Suspension or Termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowed if: (i) The costs result from obligations which were properly incurred by the Subrecipient before the effective date of suspension or termination, are not in anticipation of it, and, in the case of a termination, are noncancellable; and (ii) The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect. (c) All subrecipients receiving CDBG funds will be required to cooperate and work in collaboration with City departments, to include but not limited to: Police Department, Fire Department and Code Compliance in an effort to 6 promote the well-being of citizens and aid in reducing crime, blight and unsafe conditions. Also, subrecipients may be required from time to time to attend meetings to be held at the Agency. Failure to cooperate may result in the termination of this Agreement in accordance with Section 17. Termination and Termination Costs, Recital (a) of this Agreement. 18. Program Income Any and all program income (as defined at Title 24, Code of Federal Regulations, Part 570.500(a)) received by the Subrecipient during the term of this Agreement shall be immediately returned to the City. Any and all program income on hand with the Subrecipient at the time of the expiration of this Agreement, or received by the Subrecipient after the expiration of this Agreement, shall be paid to the City pursuant to the provisions of paragraph 19 of this Agreement. 19. Reversion of Assets Upon the expiration or termination of this Agreement, for any reason whatsoever, the Subrecipient shall forthwith transfer to the City, any CDBG funds on hand at the time of such expiration or termination and any accounts receivable attributable to the use of CDBG funds including, without limitation, program income. Further, any real property under the control of the Subrecipient that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall either be: (a} used to meet one of the national objectives set forth in Title 24, Code of Regulations, Section 570.208, or any successor statute, until five (5) years after the expiration or termination of this Agreement, or for such longer period of time as determined to be appropriate by the City in its sole discretion; or (b) disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of real property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, such real property. 20. Fiscal Limitations HUD may in the future place programmatic or fiscal limitation(s) on CDBG funds not presently anticipated. Accordingly, the City reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, the City may reduce the budget of this Agreement as a whole or as to cost category, and may, at its .sole discretion, limit the Subrecipient's authority to commit and spend funds. Where HUD has directed or requested the City to implement a reduction in funding, with respect to funding for this Agreement, the Director or his/her designee may act for the City in implementing and effecting such a reduction and in revising the Agreement for such purpose. The Director or his/her designee may act for the City in suspending the operation of this Agreement for up to sixty (60) days, upon three (3) days written notice to the Subrecipient of his/her intention to so act. In no 7 event, however, shall any revision made by the City affect expenditures and legally binding commitments made by the Subrecipient 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. 21. Use of Funds for Entertainment, Meals or Gifts The Subrecipient certifies and agrees that it shall not use funds provided through this Agreement to pay for entertainment, meals, or gifts. 22. Release, Indemnification, and Hold Harmless The Subrecipient shall defend (if requested by the City and the Agency), release, indemnify and hold the City and Agency, their officers, officials, attorneys, agents, employees, and volunteers, harmless from and against any loss, liability, claim, or damages that may arise or result from activities of the Subrecipient, its officers, agents, and employees and, shall, at its own costs, expense and risk, defend any and all legal proceedings that may be brought against the City and Agency on any claim, demand, or alleged liability, and shall satisfy any settlement or judgment that may be rendered against any of them arising or resulting from activities of the Subrecipient, and shall assume liability for any and all direct expense incurred in providing services pursuant to this Agreement 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. The Subrecipient, however, is obligated to promptly notify the City and Agency in writing of any such loss or damage. 23. Insurance Requirements The Subrecipient shall secure and maintain throughout the term of the Agreement the following types of insurance with limits as shown: a. Statutory Worker's Compensation Insurance. The Subrecipient shall require the carriers of this coverage to waive all rights of subrogation against the City and Agency, their officers, volunteers, employees, contractors and subcontractors. The Subrecipient shall maintain all California statutory requirements of $1,000,000 limit. b. Comprehensive General and Automobile Liability Insurance. The Subrecipient shall obtain general liability insurance on a per occurrence basis with a combined single limit of One Million Dollars ($1,000,000); and automobile liability insurance for owned, hired and non-owned vehicles on a per occurrence basis with a combined single limit of One Million Dollars ($1,000,000). Additional insured endorsements are required for general and automobile liability policy coverage. 8 Additional insured shall be listed as: The City and Agency, their officers, officials, attorneys, agents, employees and volunteers. c. Other Requirements and Acceptable Proof of Insurance. 1. All insurance coverage must be maintained throughout the duration of this Agreement. 2. Insurance companies must have an A.M. Best Rating of B+VII or better. 3. Policy deductibles must be stated for each coverage. Deductibles greater than $5,000 must include a letter of credit. 4. Acceptable Proof of Insurance: a. ACCORD Certificate of insurance listing all coverage, limits, deductibles and insurers; and blanket endorsements for all applicable coverage if agent has authority to issue it; or b. Binders of insurance for all coverage. Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements and a corresponding Certificate of Insurance listing all insurers and coverage must be submitted to the City and Agency. NOTE: Insurance binders are only valid for 30 days and may need to be reissued if the policy endorsements are still pending. Binders may be issued for a maximum of three, thirty (30) day periods. The Subrecipient shall furnish certified copies of all policies and endorsements to the City and Agency, evidencing the insurance coverage above required, five business days prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) day prior written notice to the City and Agency, and shall maintain such insurance from the time the Subrecipient commences performance of services hereunder, until the completion of such services. An "Insurance Inventory" in the form of which is attached hereto as Exhibit "5" and incorporated herein by this reference, shall be completed by the Subrecipient and approved by the City and Agency prior to the commencement of performance of services hereunder. 9 All policies, with respect to the insurance coverage required above, except for the worker's compensation coverage, shall contain additional insured endorsements naming the City and Agency, and their officers, agents, employees and volunteers as additional name insured, with respect to liabilities arising out of the performance of services hereunder. 24. Conflict of Interest The Subrecipient, its agents and employees shall comply with all applicable federal, state, county and city laws and regulations governing conflict of interest. To this end, the Subrecipient will make available or shall provide copies of all applicable federal,. state, county and city laws and regulations governing conflict of interest, to its agents and employees, and shall furnish to the City and Agency, prior to execution of this Agreement, a written list of all current or proposed subgrantees/subcontractors, vendors, and personal service providers, including subsidiaries. This list may be limited to those subgrantees/subcontractors, vendors or personal service providers, including subsidiaries -which will receive Ten Thousand Dollars ($10,000) or more during the term of this Agreement. Such list shall include the names, addresses, telephone numbers and identification of principal parties and description of services to be provided. During term of this Agreement, the Subrecipient shall notify the City and Agency in writing of any change in the list within fifteen (15) days of any change. 25. Budget Modifications The City may grant budget modifications to this Agreement for the movement of funds within the budget categories identified in Exhibit "2" when such modifications: a. Do not exceed $10,000 per budget cost category; b. Are specifically requested by the City; c. Do not alter the amount of compensation subject to or under this Agreement; d. Will not change the project goals or scope of services. e. Are in the best interests of the City and the Subrecipient in performing the scope of services under this Agreement; and f. Related to salaries, are in accordance with applicable salary ordinances or laws. 10 26. Time of Performance Modifications The City may grant time of performance modifications to this Agreement when such modifications: a. In aggregate do not exceed twelve (12) calendar months; b. Are specifically requested by the City; c. Will not change the project goals or scope of services; d. Are in the best interest of the City and the Subrecipient in performing the scope of services under this Agreement; and e. Do not alter the amount of compensation under this Agreement. 27. Independent Contractor The parties hereto in the performance of #his Agreement will be acting in the independent capacity and not as agents, employees, partners, joint ventures, 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. 28. Amendments; Variations This writing with attachments, embodies the whole of the Agreement of the parties hereto. There are no oral Agreements not contained herein. Except as herein provided, addition or variation of the terms of this Agreement shall not be valid unless made in the form of a written amendment to this Agreement formally approved and executed by all parties. 29. Purchase and Invoice Deadlines Purchase of equipment and property, o#her than supplies, shall be completed before the last three (3) months of the Agreement period and all equipment bills are to be paid before the last two (2) months of this period. No property or equipment, other than supplies, may be purchased during the final three (3) months of the Agreement. The Subrecipient shall complete all purchases of supplies before the last two (2) months of the Agreement and shall pay all supply bills before the final month of the Agreement. Invoices which have not been received by the Agency within sixty (60) days after the Agreement termination date shall not be honored. Exceptions to these limitations require prior written approval by the City and Agency, or its designee. 11 30. Acquisition of Supplies and Equipment Following approval by the City for necessary supplies and equipment for Agreement performance, the Subrecipient may purchase from a related agency/organization only if: (a) Prior authorization is obtained in writing from the City; (b) No more than charges for reimbursement costs are made and no less than minimum specifications are met as provided in writing by the City; (c) A community related benefit is derived from such the Subrecipient related acquisition; and (d) No conflict of interest or private gain accrues to the Subrecipient or its employees, agents or officers. 31. Program Monitoring The City will monitor the Subrecipient in the performance of this Agreement. The Subrecipient shall maintain such property, personnel, financial and other records and accounts as are considered necessary by HUD, and the City, to assure proper accounting for all CDBG funds authorized under this Agreement. The Subrecipient will permit on-site inspection by the City and Agency and HUD representatives, and ensure that its employees and board members furnish such information, as in the judgment of the City and HUD, may be relevant to a question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. All the Subrecipient records, with the exception of confidential client information, shall be made available to representatives of the City and appropriate federal agencies. The Subrecipient will maintain a copy of the Income Qualification Statement in the form of which is attached hereto as Exhibit "6" and incorporated herein by this reference, for each client served. The Director or his/her designee will conduct periodic program progress reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable goals achieved the effectiveness of program management, and the impact of the program. 32. Monthly Progress Reports By the fifth (5th) day of each month, the Subrecipient shall submit a Monthly Status Report on the progress of the program to the Agency. This report shall conform to the HUD Monthly Accomplishment Form in the form of which is attached hereto as Exhibit "7" and incorporated herein by this reference. Totals should reflect monthly and cumulative data of all persons/households assisted under this Agreement. A supporting narrative will also be required, that 12 describes in measurable terms, the accomplishments and activities attained during the reporting month by the Subrecipient in meeting the goals described in Exhibit "1" Project Description during the reporting month. 33. Use of Funds Funds allocated pursuant to this Agreement shall be used exclusively for costs included in the Subrecipient's program budget. Agreement funds shall not be used as security or to guarantee payments for any non-program obligations, nor as loans for non-program activities. All bank accounts for the Subrecipient shall be non-interest bearing. 34. Religious Proselytizing or Political Activities The Subrecipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the .performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of public services with CDBG funds, pursuant to Title 1 of the Housing and Community Development Act of 1.974, as amended, and provided the Subrecipient is and has qualified to participate in this Agreement as a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization, the Subrecipient: a. Represents that it is not, or may not be deemed to be, a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization; b. Agrees that, in connection with such public services: (i) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; (ii) It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, 13 and exert no other religious influence in the provision of such public services; (iv) The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the Subrecipient and in which the public services are to be provided; provided that, minor repairs may be made if such repairs (1) are directly related to the public services, (2) are located in a structure used exclusively for non-religious purposes, and (3) constitute in dollar terms only a minor portion of the CDBG expenditure for the public services. 35. Audits The Subrecipient is required to arrange for an independent financial and compliance audit annually for each fiscal year Federal funds are received under this Agreement. An audit may also be conducted by Federal, State, or local funding source agencies as part of the City's audit responsibilities. The results of the independent audit must be submitted to the City within thirty (30) days of completion. Within thirty (30) days of the submittal of audit report, the Subrecipient shall provide a written response to all conditions or findings 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, within six (6) months after receipt of the audit report. The City and Agency, 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 the Subrecipient, whose staff will cooperate fully with authorized auditors when they conduct audits and examinations of the Subrecipient's program. If indications of misappropriation or misapplication of the funds of this Agreement cause the City to require a special audit, the cost will be encumbered and deducted from this Agreement budget. Should the special audit confirm misappropriation or misapplication of funds, the Subrecipient shall reimburse the City. 36. Counterparts This Agreement 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 Agreement. 37. Status of the Subrecipient This Agreement shall not become effective until such time as the Director or hislher Designee submits to the Subrecipient written notice that the Subrecipient is an eligible Subrecipient ("Eligible Subrecipient") as defined in Title 24, Code of Federal Regulations, Section 570.204(c). The Subrecipient represents and 14 warrants that once recognized as an Eligible Subrecipient, it will take any and all necessary actions to remain an Eligible Subrecipient. Further, in this regard, in the event the Subrecipient no longer qualifies as an Eligible Subrecipient, it shall forthwith notify the City in writing of such lapse of qualification. 38. Legal Proceedings Should any legal proceedings be commenced to enforce, enjoin, or collect funds or otherwise affect this agreement between the parties, it shall be filed in San Bernardino County Superior Court. The prevailing party shall be entitled to recover its reasonable legal fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City and Agency shall be considered as "legal fees" for the purposes of this paragraph. 39. Exhibits The Exhibits to this Agreement, one (1) through (7) are an integral part of this agreement and have each been incorporated herein. The Agreement shall not become effective until such time as the Subrecipient has properly filled out and fully executed each exhibit to this Agreement, as required, and the Director or his/her designee has reviewed and approved the form and content of each exhibit. //// //// //// //// //// //// //// 15 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. CITY OF SAN BERNARDINO, SUBRECIPIENT a municipal corporation Central City Lutheran Mission By: By: ~ Fred i s n, City Manager Title: c w. c ~-~ ~c ~ ~- City of San Bernardino ATTEST: By: Rache lark, City Clerk Approved as to Form: /~ ~ ~,y , a ~_._.,~~ 4 ?, ! ! 'f ~, ,~ rA B ~ ~ . y. James F. ~ nman, City Attorney 16 EXHIBIT 1 Project Description Economic Development Agency of the City of San Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement Name/Address of Subrecipient Organization: Central City Lutheran Mission 1354 North G Street San Bernardino, CA 92405 Project Activity Title: Kinship Family Center Youth Development Date Issued: 07/2008 ®Original ? Amendment Project Activi Descri tion Be Specific The Kinship Family Center Youth Development Program will provide: a) Play therapy on Tuesdays between 11:00 - 1:00 for children from the ages of 1 - 12. The goal will be to enhance socialization skills for children who live with a sense of abandonment, use board games to enhance skills in concentration and focus, use group activities to provide support as children learn to interact in a group situation. b) Peer tutors will provide after school tutoring help for children between the ages of 5 - 12. Children will receive homework help, recreational activities including the arts and a hot meal Mondays through Friday, 3:30 - 6:00. Funds from the CDBG will be used to pay the peer tutors and some staff who supervise this program. c) Home visits will be conducted by a social worker and medical assistant to make home assessments and integrate children into play and tutoring programs that will respond to family building needs. EXHIBIT 2 Budget Summary Economic Development Agency of the City of San Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement Name of Subrecipient Organization: Central City Lutheran Missioin Date Issued: 07/2008 ®Original ? Amendment Cost Category Fundin Total 44 CDBG Other Sources Funding A. Wa es $12,500 $33,600 $46,100 B. Benefits Total Wa es/Benefits $3,200 $3,200 ~~,..~'RRw r .' t ' T~ ~`~a 'al't, 3 t ~- '~ '~ d w ^°Sr f ~F ~1~1 Y ~C ~ ~ ~, r , ~ ~ y5 ~ 3 ~.c ~"~~?. ;.t 'L. ..c: ~StA'ft ,>~ r,t :~-.,.id1t ~r A,S?x. ~t'I'~ ?wy4 ~a~` ic* F" wt. y~'r F.,,, ?' . _c« Consultant/Contract Services Consumable Su lies $3,000 $3,000 E ui ment Insurance Other: Liabili Insurance $2,000 $2,000 S ace Rent Travel Utilities Workman Com ensation Insurance $1,200 $1,200 Other: Total Su lies/Service Costs $12,500 $43,000 $55,500 If costs are to be shared by other sources of funding, including CDBG funds from other jurisdictions, identify the source of funding, grantor/lending organization and amount. Grantor/Lendin Or anization Source of Fundin Amount Willmas Charitable Trust rant $10,000 FCSP/Coup of San Bernardino fee for services contract $25,000 The California Wellness Foundation rant for outh health $15,000 Section 108 Loan Guarantee Other Federal Funds State/Local Funds Private Funds private donations $5,500 Other 1 EXHIBIT 2 Budget Summary Economic Development Agency of the City of San Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement Project: Kinship Family Center Youth Development: Central City Lutheran Mission Name and Address of Prospective Maintenance and Operation Entity: Central City Lutheran Mission, 1354 North G Street, San Bernardino, CA 92405 The governing body of the above public, Quasi-Public, or Non-Profit entity has the financial capacity and is willing to assume the maintenance and operation responsibility and costs associated with the indicated CDBG project. This body has reviewed this Exhibit 2 and to the best of its ability has determined this budget to be a true and accurate estimate of the annual Maintenance and Operation costs for the proposed project. The maintenance and operation costs that will be considered are those authorized under 24 CFR 570.201(e) and 24 CFR 570.206 (a) (4) while activities under 24 CFR 570.207(a) (2) classified as ineligible will not be allowed. Sufficient funds are available from non-CDBG sources to complete the program/project as described. Examples of eligible cost are: - Rental or Purchase of Equipment - Insurance - Utilities - Office Supplies - Rental and Maintenance of Office Space - Staff Salary It is understood that without a commitment for maintenance and operation, the indicated project may not be considered for funding under the Community Development Block Grant Program. NOTE: It is understood that without a commitment for maintenance and operation, the indicated project may not be considered for funding under the Community Development Block Grant Program. Community Development Block Grant Funds may not be utilized for ongoing maintenance and operation costs of capital improvements/facilities. 2 EXHIBIT 3 Budget Justification Economic Development Agency of the City of San Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement Name of Subrecipient Organization: Central City Lutheran Mission: Kinship Family Center Youth Development Date issued: 07/2008 ®Original ? Amendment Personnel Wa es Detail 3''' ~`' ~ ,' ~Ho N,y ~.,` Numbera Le~gtlof ~~~,~~~P©sition1T~tle f - f - , ~ ~ _ ~~'ea~ry~ ~os~` ~ , 4 ~ ~ H ~ rs/1l1/ee~k ~ ~E IQ... .ent - Fate ,c ~ ~~~' s~r•. " , ~ ~ 4 Peer Educators $50/biwk $4,800 .5 FTE $10.00 14.26 770 hours $7,700 TOTAL $12, 500 Personnel Benefits Detail ,~ . `o ~ . ~ ~, r tcta~ .earl f'f'x _ ` TOTAL Total Wa es/Benefits 3~4e-..:Yr,(, ~ I::'»t. S+F ~ {~.~" .(7i .A T .u ro,14 - j~~ > r~ y, r >+ay a;, "i. y ~ t ~ . t ~, rs 1~-~ e~ •4;?pt ~sy ~ ~ `~' f . y 5 , x~ EXHIBIT 4 Request for Reimbursement Economic Development Agency of the City of San Bernardino 2008!2009 Community Development Block Grant Subrecipient Agreement PROJECT ACTIVITY TITLE: Kinship Family Center Youth Development DATE ISSUED: July, 2008 ® Original ? Amendment # PROPOSED SCHEDULE OF PAYMENTS (REQUEST FOR REIMBURSEMENT ONLY) monthly EXHIBIT 5 Insurance Requirements Economic Development Agency of the City of San Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement Project Activity Title: Central City Lutheran Mission: Kinship Family Center Youth Development ® Original ? Amendment # INSURANCE INVENTORY (See attached copy of Insurance Policy) PRIMARY INSURANCE POLICY Name of Insurance Company: Effective Dates of Policy: (per occurrence policy) Limits of Liability: Deductibles Per Occurrence: EXCESS/UMBRELLA POLICY Name of Insurance Company: Effective Dates: Limits of Liability: Underlying Coverage Limits: Name of Underlying Company: Endorsements Attached: (Name specific endorsements) Additional Insured Endorsement Attached: ? Yes ? No Certified Copy of Policy Attached: ? Yes ? No Certificate of Insurance Attached: ? Yes ? No ACRD C~#~TiFIC:AT~ ~~' LtABtLITY' INSl~RA1~C:E °"~E~"°°"~~' ,M 06/1512007 PAOO~,R T'I#S CERTF1CATE IS ISSUED AS A MATTER OF INFORMATION Na Bond Insurance Services ONLY ANb CONFERS NO RIGHTS UPON THE CERTIFICATE ncy HOLDER. THIS CER'TFICATE DOES NOT AMEND. EXTEND OR 201 Wear Union Avsnue ALTER THE COVERAGE AFFOgDED BY THE POLiC3E5 BELOW. Monrovia CA 91016 . INSURERS AFFORDING COVERAGE NAIC # MStlf~C ~ INSIlRERA: l~hll8det ~ Insurance Co. Cerrtrat City Lutheran Mission INSURER e: Phitadet to insurance Co. 1364 North "C" Street n,~su San Bernardino CA 92405 INS R a: IHevRea COVERAGES THE POL1CxES OF pr9llRANCE L13T® BB~A'W HAVE BEEN ISSUE[3 TO THE H+1SUFiED NiMAEL? ABOVE raOR Tl~ POrJGY PERIOD INDICATED NOTWRHSTANDING ANY REQUIREMENT, TERM OR CONt]ITION OF ANY OONTAACT OR QTHFA DOt~JN1ENT 1AfCCH RESPECT TO WHICH THIS CEI~TIFlCATE MAY BE 1&SllED {?R MAY PERTAIN, THE WSIIFiIWCE AFFORDED BY THE POUCIF.S OEBCRIBED F~E]N rS S118J6CT TO ALL THE TERMS. EXGLUSIQNS AND OONDITIONlS OF SUCH POLIpES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PND CWM5. w!R POLICY NUMBER POt.ICY EFFlCTNI: pq„IC1f D~IRATIOM U/IrTY . t#6iti~TtA1.1.1A11l.17Y EACH Ot:CUR4iENCE i 1 A X X NMM~gnLdENE-RALLIABIim PHPK240515 06/15,(t?7 06J15/~ QAMAIOETOR9dT® 100 CLJINNS MADE D OtXXiR MEO EatP orn 5 PE l ADV fMJURY ~ A~ GE~ERALAdCiRECiATE Z ~DO~ ~'t. AAQREQATE LIMIT PER PROD S - CO AOa PoL~r ~°' Loc AcaroMOaL>c L1A91LJTY CoNettaEDSINGLE uMrr ~ ANY wTO (E..ocwonry Au.owr~aAUTOS ~ scFIEDULC~ Auros ~ HlR®AUT'OS BODILY INJURY NON~OWNED Auras ~°"O0~'"~ s . DwAaE _ ~pa,~y AUTOONLY- EJ?ACGYDENT ANYAUro EAACC s Auro oNLY: ~ ~c~<~ ~,~ ocxuRRENCE 2000 B X X c~ccuR ? cx~uMS IrADE PHUBOH7342 06/15!2007 06/15/2008 Ao~EaATE Z 000 800 DEDUCTtieLE ~srrlDN ~ WC STATU- OTH- IIMOpI~liB COY~IITIOFt AND EIi1~lAYERr LU~lIY EL. FJUCk1 ACGIDFNr ANY ppppp~Tpp/pARTNER jEXEGUTt V E OFFiCE3~MIBY~R pCCLUpE~4 EL D~SEASf:- EAEMPLO M . dwerlba under EL D - AOLICY i~MIT OTHER DEiCRPt10N OF QPERATIDl18 ! iACA?DfM! (YF.~IICLEIg f OCa.UBIONS ADpED Slf >EIiDORlE~MENT J BPECi1rL. PRO'VlS1ON$ The Clay of Sari Bernardino /Redevelopment Agency is named as rlddltional Insured with respsw~ts 10 llabitlties aNstng out of perFormance of aervlces hereunder. "'~i0 day notice of t~ncellattvn for non-paymertt~'* CERTIFICATE ItOt.DER CANCELLATION SHQIM.DANYOFTHEAB01lE DEaCRIBIcD PaLla~s aE CAMCEL4E0 OB~'oRE7'HEOfPfRI?T1oN The City of San t3ernardino or?T~ TIl>cREOF, T)fE MlsuRS; w~. ENDEAVOR t+o MAK. ~ a?YS vrRrrrrH Redevetopment Agency Nonce T+n ~ cE~mFIr.ATe Houx~+ NA~D'(O7HEl.EFT, etR FAWRETO oo s~ sHALL 201 North E Street, Suite 301 erPOae ~o oat.Ia~~aN ae wa~rY vF ANY iCIMb t~POlr ~ . it's AGENTa o~ San Bernardino, CA 92441-150? nEP~ata~s. - - - ~ - - - Autta~ xretnrE - - ~~'~ IC> - - - ACORD x5 (2001/08) ACORD CORP '1988 ,'~ , j POLICY ~~TL7MBER COMMERCIAL GENERAL LIABILITY Pl-~PK244515 (General Liability THIS ENDORSEMENT CI~ANGES THE POLIC~t, PLEASE READ TI' CAREFULLY • A?DDITIt~NAL INST.TRED - DESIGNATED ~'ERSUN QR ORGANI~ATI(.~N. This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART. SC~DULE ~,~.iT of I''e~on or Or~an~i~ation: The City of San $e;rnardino Redevelopment Agency 201 North E Sheet, Suite 341 San Bernardino, CA 92441-x.547 The City of San Bernardino /Redevelopment Agency is named as additional insured with respects to ]iabilities arising out of performance of services hereunder. (If no catty appeazs abeve, information requircd to complete this cadoxscment w~l be shown in the Decluations as applicable to this eadorscment}. WHO IS AN INSI7RED {Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with raspect to liability arising out of your operations or premises owned by ox rented to you by the additional insured. - - ; ;Authorized Signs CG 24 26 Zx8S Copyright, Insurance Services O~ioe. Inc., 1994 ? EXHIBIT 6 Income Qualification Statement ~~a.Ynple Fo`~x1 ~~a Do Not Compete Economic Development Agency of the City of San Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement This Program is available at no cost for individuals or families who meet the income limits specified below. The income limit is based on the total gross annual income of all household members from all sources of income. 2008 Annual Gross Income Limit Number of Persons Per Household 1 2 3 4 5 6 7 8+ 30% of Median $14,000 $16,000 $18,000 $20,000 $21,600 $23,200 $24,800 $26,400 Ve Low-Income 50% $23,300 $26,650 $29,950 $33,300 $35,950 $38,650 $41,300 $43,950 Low-Income 80%) $37, 300 $42,650 $47, 950 $53, 300 $57, 550 $61, 850 $66,100 $70, 350 1. Total Number of Persons in Household: 2. Total Annual Gross Income of Household: 3. Number of Persons Handicapped or Disabled: 4. Number of Persons 60 Years of Age or More: 5. Ethnicity: ? White/Not Hispanic Origin ? Black Not Hispanic Origin ? Hispanic ? American Indian/Alaskan Native ? Asian/Pacific Islander I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MADE ON THIS FORM ARE TRUE. Name: Date: Address: (Street, City, State, Zip) Signature: Title: P:1Forms\Housing FormsICDBG Forms\CDBG Agreement.doc EXHIBIT 7 `Example Forn~` z Monthly Accomplishment Form Do Nc~t Cam::. ~ fete San Bern ino ~ ~ r~ ~, Economic Development Agency City of San Bernardino Community Development Block Grant Monthly Accomplishment Report for the Month : 2008/2009 Subrecipient information - Name: Address: Name of Program Activity: Actual Program Goal Met: Program Goal for the Year: This Month: Program Goal for the Month: Year to Date: Number of Beneficiaries Served This Month Number of Individuals Benefited this Month: Number of Female Head of Households: Of the Number of Individuals Benefited, How many were New Applicants: Number of Individuals Benefited Year to Date Totals. Current and New Columns, when added together, should equal total Number of Individuals Benefited this Month: Current New Current New Current New Current New July Oct Jan Apr Aug Nov Feb May Sept Dec Mar Jun Income Levels Extremely Low Income (30% AMI) Above 80% AMI Very Low Income (50% AMI) Low Income (80% AMI) TOTAL 30% 50% 80% HOUSEHOLD SIZE MEDIAN INCOME MEDIAN INCOME MEDIAN INCOME Extreme) Low Ve Low Low 1 14 000 23 300 37 300 2 16 000 26 650 42 650 3 18 000 29 950 47 950 4 20 000 33 300 $53 300 5 21 600 35 950 57 550 6 23 200 38 650 $61 850 7 24 800 41 300 66 100 8 26 400 43 950 $70 350 Page 1 of 4 Economic Development Agency =- ~ City of San Bernardino Community Development Block Grant San Bernar Ino Monthly Accomplishment Report for the Month: 2008/2009 Subrecipient Name: _ - Ethnicity Applicants Current New this Month White: Black/African American: Asian: American Indian/Alaskan Native: Native Hawaiian/Other Pacific Islander: American Indian/Alaska Native & White: Asian & White: Black or African American & White: American Indian/Alaska Native & Black or African American: Hispanic Other Multi-Racial: TOTALS: **Cumulative Total: **Cumulative Total for both Current and New Applicants should match Total Number Benefiting for this month ,, Service Hours Of the number of individuals served this month, attended hours of service, for a total of service hours this month. Examp/e: Of the number of indi~idua/s served this month, 12 attended 30 hours ofservice, for atots/ of 360 service hours this month. Year to Date Service Hours: Jul October Janua Aril Au ust November Februa Ma Se tember December March June Total service hours provided to date are: Of the individuals who have participated in your program, how many: Now have new access to this service or benefit Now have improved access to this service or benefit Now receive a service or benefit that is no longer substandard Page 2 of 4 Economic Development Agency , ; City of San Bernardino Community Development Block Grant San Bernar ~ino Monthly Accomplishment Report for the ~, Month: 2008/2009 Subrecipient Name: - Narrative Please provide a narrative of what your organization accomplished this month. Page3of4 .ECONOMIC DEVELOPMENT -JOBS CREATION/BUSINESSES ASSISTEI? Of the businesses assisted, how many jobs are you expected to create or retain? TOTAL Fl" JOBS JOB COUNT TOTAL WKLY HRS FT-L/M PT PT-L/M Ex ect to Create Ex ct to Retain Of the businesses assisted, how many jobs were actually created or retained? TOTAL Ff JOBS JOB COUNT TOTAL WKLY HRS FT- M PT PT-L/M Actual) Created Actual) Retained Of the jobs created, how many had employer sponsored health care benefits? How many individuals were unemployed prior to taking jobs created by the businesses assisted? What types of jobs were created? Officials and Managers Craft Workers (Skilled) Professional Operatives (Semi-Skilled) Technicians Laborers (Unskilled) Sales Service Workers Office and Clerical Of the Businesses assisted, how many were new? Of the Businesses assisted, how many were existing? Of the existing businesses assisted, how many are expanding ,how many are relocating ? How many businesses were assisted with commercial facade treatment/business building rehab? How many of the businesses assisted provided goods or services to meet the needs of a service area, neighborhood, or community? Please provide a Duns Number for each of the businesses assisted: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. A DUNS number is now a requirement for any business that receives Federal assistance. However, if the assistance is for general training/TA for an entrepreneur who wants to start a business but where no business exists then the grantee is not required to fill in the SUNS number. To obtain a DUNS number call 1-866-705-5711. The process is free and takes about 10 minutes. Page4of4 CDBG SUBRECIPIENT AGREEMENT (Public Services Program) between THE CITY OF SAN BERNARDINO And Option House, Inc. TABLE OF CONTENTS OPERATIVE PROVISIONS ...........................................................................................................................1 1. Scope of Services .............................................................................................................................1 2. Time of Performance ........................................................................................................................1 3. Compensation and Method of Payment ...........................................................................................2 4. Compliance with Laws and Assurances ...........................................................................................2 5. Affirmative Action ..............................................................................................................................2 6. Discrimination ...................................................................................................................................3 7. Accoun#ing ........................................................................................................................................3 8. Budget Section .................................................................................................................................3 9. Non-Expendable Property ................................................................................................................3 10. Expendable Personal Property .........................................................................................................4 11. Purchase or Lease of Non-Expendable Property or Equipment 12. Changes in Grant Allocation .............................................................................................................4 13. Revenue Disclosure Requirement ....................................................................................................4 14. Joint Funding ....................................................................................................................................5 15. Notices ..............................................................................................................................................5 17. Termination and Termination Costs .................................................................................................5 18. Program Income ...............................................................................................................................7 19. Reversion of Assets ..........................................................................................................................7 20. Fiscal Limitations ..............................................................................................................................7 21. Use of Funds for Entertainment, Meals or Gifts ...............................................................................8 22. Release, Indemnification, and Hold Harmless .................................................................................8 23. Insurance Requirements ..................................................................................................................8 24. Conflict of Interest ...........................................................................................................................10 25. Budget Modifications ......................................................................................................................10 26. Time of Performance Modifications ................................................................................................11 27. Independent Contractor ..................................................................................................................11 28. Amendments; Variations ................................................................................................................11 29. Purchase and Invoice Deadlines ....................................................................................................11 30. Acquisition of Supplies and Equipment ..........................................................................................12 31. Program Monitoring ........................................................................................................................12 32. Monthly Progress Reports ..............................................................................................................12 33. Use of Funds ..................................................................................................................................13 34. Religious Proselytizing or Political Activities ..................................................................................13 35. Audits ..............................................................................................................................................14 36. Counterparts ...................................................................................................................................14 37. Status of the Subrecipient ..............................................................................................................14 38. Legal Proceedings ..........................................................................................................................15 39. Exhibits ...........................................................................................................................................15 EXHIBIT 1 Project Activity/Description EXHIBIT 2 Budget Summary (pages 1 and 2) EXHIBIT 3 Budget Justification - (Service/Supplies) EXHIBIT 4 Request for Reimbursement EXHIBIT 5 Insurance Requirements EXHIBIT 6 Income Qualification Statement EXHIBIT 7 Monthly Accomplishment Form Community Development Block Grant Public Services Subrecipient Agreement FY 08/09 This Agreement is entered into this 1St day of July, 2008, by and between the City of San Bernardino, a municipal corporation, hereinafter referred to as the "City" and Option House, Inc. hereinafter referred to as the "Subrecipient." WITNESSETH WHEREAS, the City has entered into a contract with the United States of America through its Department of Housing and Urban Development (HUD) to execute the City's Community Development Block Grant (CDBG) Program under the Housing and Community Development Act of 1974, as amended, hereinafter called the "Act;" and WHEREAS, the City and the Subrecipient have an interest in providing necessary services to and enhancement of the quality of life of its citizens; and WHEREAS, the City and the Subrecipient recognize that the project herein is eligible under HUD regulations; and WHEREAS, the City and the Subrecipient desire to cooperate in the implementation of the program by reason of experience, preparation, organization, staffing, and facilities to provide services for the benefit of low- and moderate-income persons. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: OPERATIVE PROVISIONS 1. Scope of Services The Subrecipient shall perform all the services described in the Project Description and Scope of Services set forth on Exhibit "1" to this Agreement a copy of which is attached hereto and incorporated herein by this reference. 2. Time of Performance Said services of the Subrecipient are to commence on July 1, 2008, and shall be completed no later than June 30, 2009. 1 3. Compensation and Method of Payment For performance of such services, the City shall pay the Subrecipient an amount of money not to exceed twelve thousand five hundred dollars ($12,500.00) which the Mayor and Common Council approved as part of the Fiscal Year 2008/2009 CDBG budget. Said payment shall constitute full and complete compensation for performance by the Subrecipient of the Services under this Agreement. Method of payment shall be in the form of a Request for Reimbursement in accordance with the terms and conditions set forth on Exhibit "4" to this Agreement, a copy of which is attached hereto and incorporated herein by this reference. All Requests for Reimbursement shall be submitted on a _ monthly basis in accordance with HUD regulations "Audit Ready." The Redevelopment Agency of the City of San Bernardino (the "Agency") on behalf of the City, will reimburse the Subrecipient one-twelfth (1112) or $1,041.66 of total allocation beginning the month of July 2008. Verifiable supporting documentation of expenditures for services rendered, plus proof of payment all acceptable to the City in the sole discretion of the City shall be submitted prior to any payment by the City to the Subrecipient. Supporting statements shall give the total of said monthly expenses and shall also itemize the same in detail conforming to the Budget Summary set forth on Exhibit "2". After timely receipt of each supporting statement, the City will draw a warrant within thirty (30) days in favor of the Subrecipient for the total amount of the Request for Reimbursement approved by the City. The City will reject and return reimbursement requests not properly and/or completely submitted. 4. Compliance with Laws and Assurances The Subrecipient hereby assures and certifies that it has complied and will continue to comply with the Act and all applicable federal, state, and local laws, ordinances, regulations, policies, guidelines, and requirements as they relate to acceptance and use of federal funds for this federally-assisted program. This Agreement is subject to all such laws, ordinances, regulations, policies and guidelines, including, without limitation, the Act; Title 24, Code of Federal Regulations, Part 85; Title 24, Code of Regulations, Part 570; and U.S. Office of Management and Budget Circulars applicable including, without limitation, A-87, A-95, A-110, A-122 and A-128. 5. Affirmative Action The Subrecipient 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, the Subrecipient 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. 2 6. 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 Agreement. 7. Accounting The Subrecipient shall establish and maintain on a current basis an adequate accrual accounting system in accordance with generally accepted accounting principles, practices, and standards. 8. Budget Section No more than the amounts specified in the Budget Justification set forth on Exhibit "3", shall be spent for the separate cost categories specified in Budget Summary set forth on Exhibit "2", without prior written approval of the Executive Director (the "Director") of the Agency, the Administrator of the CDBG Program, or his/her Designee. 9. Non-Expendable Property A record shall be maintained by the Subrecipient for each item of nonexpendable property acquired for this program with HUD CDBG funds. This record shall be provided to the City as well as being available for inspection and audit upon reasonable notice by the City at the request of the City. Non-expendable property means tangible personal property having a useful life of more than one (1) year and an acquisition cost of Three Hundred Dollars ($300.00) or more per unit. The Subrecipient shall not purchase or agree to purchase non-expendable property without the prior written approval from the Director or his/her designee. Upon completion or early termination of this Agreement, the City reserves the right. to determine the final disposition of said non-expendable property acquired for this program and HUD CDBG funds in compliance with applicable laws and regulations. Said disposition may include, but is not limited to, the City taking possession of said non-expendable property. 10. Expendable Personal Property Expendable personal property refers to all tangible personal property other than non-expendable personal property. The Subrecipient shall not purchase or agree to purchase expendable personal property with a unit value of Three Hundred Dollars ($300.00) or more per unit without the prior written approval of the Director orhis/her designee. 3 11. Purchase or Lease of Non-Expendable Property or Equipment The Subrecipient shall obtain three documented bids prior to purchasing or leasing any non-expendable personal property or equipment over Three Hundred Dollars ($300.00) in unit value as approved in the Budget set forth on Exhibit "2", The Budget Summary. The Subrecipient shall purchase or lease from the lowest responsive and responsible bidder. All equipment that has a purchase or lease price of over Fifty Dollars ($50.00) in unit value and life expectancy of more than one (1) year shall be properly identified and inventoried and shall be charged at its actual price, deducting all cash discounts, rebates and allowances received by the Subrecipient. This inventory shall be provided to the City as well as being available for inspection and audit upon reasonable notice by the City at the request of the Ci#y. 12. Changes in Grant Allocation The City reserves the right to reduce the grant allocation when the City's fiscal monitoring indicates that the Subrecipient'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 the Subrecipient. Such changes shall be incorporated into this Agreement by written amendments. 13. Revenue Disclosure Requirement By its execution of this Agreement, the Subrecipient certifies that it has previously filed with the Agency, a written statement listing all revenue received, or expected to be received, by the Subrecipient from federal, state, city and county, and from other governmental agencies, and applied or expected to offset, in whole or in part, any of the costs incurred by the Subrecipient in conducting current or prospective projects or business activities, including, but not limited to, the project or business activity which is the subject of this Agreement. Such statement shall reflect the name and a description of such project, the dollar amount of funding provided, or to be provided, by each and every governmental agency to each such project or business activity, and the full name and address of each such governmental agency. During the term of this Agreement, the Subrecipient shall prepare and file a similar written statement each time it receives funding from any governmental agency which is additional to that revenue disclosed in the Subrecipient's initial revenue disclosure statement hereunder. Such statement shall be filed with the Agency, within fifteen (15) calendar days following receipt of such additional funding. The Subrecipient shall make available for inspection and audit by the City's and Agency's representatives, upon request, at any time or times during the duration of this Agreement 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 the City. All such books and records shall be maintained by 4 the Subrecipient at their designated business location. Failure to comply with the requirements of this section of the Agreement shall constitute a material breach of this Agreement upon which the City may, among its other remedies, and without limitation, cancel, terminate, or suspend this Agreement. 14. Joint Funding For programs in which there are sources of funds from the private sector in addition to HUD CDBG funds, the Subrecipient shall provide proof of such funding. The City shall not pay for any services provided by the Subrecipient which are funded by other sources. All restrictions and/or requirements provided in this Agreement relative to accounting, budgeting, and reporting, apply to the total program regardless of funding sources. 15. Notices All notices herein required shall be in writing. Notices shall be sent by prepaid First Class Mail to the following Address: To the City: Economic Development Agency Attn.: Interim Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 To the Subrecipient: Ms. Velda Griffin Option House, Inc. P.O. Box 970 San Bernardino, CA 92402 16. Assignment This Agreement is not assignable by the Subrecipient without the express prior written consent of the City, which consent shall be given in the City's sole discretion. Any attempt by the Subrecipient to assign any performance of the terms of this Agreement shall be null and void and shall constitute a material breach of this Agreement upon which the City may, among its other remedies, and without limitation, cancel, terminate or suspend this Agreement. 17. Termination and Termination Costs (a) This Agreement may be terminated at any time by any party upon giving its thirty (30) day notice in writing to the other party. The Director or his/her designee is hereby empowered to give said notice, subject to ratification by the Mayor and Common Council. Further, the City may immediately terminate this Agreement upon the termination, suspension, 5 discontinuation or substantial reduction in HUD CDBG funding for the Agreement activity. Further, and not withstanding any other provision of this Agreement, if the Subrecipient materially fails to comply with any term of this Agreement, or the award the subject of this Agreement, whether stated in a federal statute or regulation, an assurance, in a state plan or obligation, a notice of award, or elsewhere, the awarding agency or city may take any one or more of the following actions, as appropriate in the circumstances: (i) Temporarily withhold cash payments pending correction of the deficiency by the Subrecipient or more severe enforcement action by the awarding agency; (ii) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; (iii) Wholly or partly suspend or terminate the current award for the City's or the Subrecipient's program; (iv) Withhold further awards for the Program; or (v) Take other remedies that may be legally available. Further, and notwithstanding any other provision of this Agreement, the award may be terminated for convenience in accordance with Title 24, Code of Federal Regulations, Part 85.44. (b) Costs of the Subrecipient resulting from obligations incurred by the Subrecipient during a suspension or after termination of this Agreement are not allowable unless the City expressly authorizes them in the Notice of Suspension or Termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowed if: (i) The costs result from obligations which were properly incurred by the Subrecipient before the effective date of suspension or termination, are not in anticipation of it, and, in the case of a termination, are noncancellable; and (ii) The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect. (c) All subrecipients receiving CDBG funds will be required to cooperate and work in collaboration with City departments, to include but not limited to: Police Department, Fire Department and Code Compliance in an effort to 6 promote the well-being of citizens and aid in reducing crime, blight and unsafe conditions. Also, subrecipients may be required from time to time to attend meetings to be held at the Agency. Failure to cooperate may result in the termination of this Agreement in accordance with Section 17. Termination and Termination Costs, Recital (a} of this Agreement. 18. Program Income Any and all program income (as defined at Title 24, Code of Federal Regulations, Part 570.500(a)} received by the Subrecipient during the term of this Agreement shall be immediately returned to the City. Any and all program income on hand with the Subrecipient at the time of the expiration of this Agreement, or received by the Subrecipient after the expiration of this Agreement, shall be paid to the City pursuant to the provisions of paragraph 19 of this Agreement. 19. Reversion of Assets Upon the expiration or termination of this Agreement, for any reason whatsoever, the Subrecipient shall forthwith transfer to the City, any CDBG funds on hand at the time of such expiration or termination and any accounts receivable attributable to the use of CDBG funds including, without limitation, program income. Further, any real property under the control of the Subrecipient that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall either be: (a) used to meet one of the national objectives set forth in Title 24, Code of Regulations, Section 570.208, or any successor statute, until five (5) years after the expiration or termination of this Agreement, or for such longer period of time as determined to be appropriate by the City in its sole discretion; or (b) disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of real property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, such real property. 20. Fiscal Limitations HUD may in the future place programmatic or fiscal limitation(s) on CDBG funds not presently an#icipated. Accordingly, the City reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, the City may reduce the budget of this Agreement as a whole or as to cost category, and may, at its sole discretion, limit the Subrecipient's authority to commit and spend funds. Where HUD has directed or requested the City to implement a reduction in funding, with respect to funding for this Agreement, the Director or his/her designee may act for the City in implementing and effecting such a reduction and in revising the Agreement for such purpose. The Director or his/her designee may act for the City in suspending the operation of this Agreement for up to sixty (60) days, upon three (3) days written notice to the Subrecipient of his/her intention to so act. In no 7 event, however, shall any revision made by the City affect expenditures and legally binding commitments made by the Subrecipient 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. 21. Use of Funds for Entertainment, Meals or Gifts The Subrecipient certifies and agrees that it shall not use funds provided through this Agreement to pay for entertainment, meals, or gifts. 22. Release, Indemnification, and Hold Harmless The Subrecipient shall defend (if requested by the City and the Agency), release, indemnify and hold the City and Agency, their officers, officials, attorneys, agents, employees, and volunteers, harmless from and against any loss, liability, claim, or damages that may arise or result from activities of the Subrecipient, its officers, agents, and employees and, shall, at its own costs, expense and risk, defend any and all legal proceedings that may be brought against the City and Agency on any claim, demand, or alleged liability, and shall satisfy any settlement or judgment that may be rendered against any of them arising or resulting from activities of the Subrecipient, and shall assume liability for any and all direc# expense incurred in providing services pursuant to this Agreement 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. The Subrecipient, however, is obligated to promptly notify the City and Agency in writing of any such loss or damage. 23. Insurance Requirements The Subrecipient shall secure and maintain throughout the term of the Agreement the following types of insurance with limits as shown: a. Statutory Worker's Compensation Insurance. The Subrecipient shall require the carriers of this coverage to waive all rights of subrogation against the City and Agency, their officers, volunteers, employees, contractors and subcontractors. The Subrecipient shall maintain all California statutory requirements of $1,000,000 limit. b. Comprehensive General and Automobile Liability Insurance. The Subrecipient shall obtain general liability insurance on a per occurrence basis with a combined single limit of One Million Dollars ($1,000,000); and automobile liability insurance for owned, hired and non-owned vehicles on a per occurrence basis with a combined single limit of One Million Dollars ($1,000,000}. Additional insured endorsements are required for general and automobile liability policy coverage. 8 Additional insured shall be listed as: The City and Agency, their officers, officials, attorneys, agents, employees and volunteers. c. Other Requirements and Acceptable Proof of Insurance. 1. All insurance coverage must be maintained throughout the duration of this Agreement. 2. Insurance companies must have an A.M. Best Rating of B+VII or better. 3. Policy deductibles must be stated for each coverage. Deductibles greater than $5,000 must include a letter of credit. 4. Acceptable Proof of Insurance: a. ACCORD Certificate of Insurance listing all coverage, limits, deductibles and insurers; and blanket endorsements for all applicable coverage if agent has authority to issue it; or b. Binders of insurance for all coverage. Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements and a corresponding Certificate of Insurance listing all insurers and coverage must be submitted to the City and Agency. NOTE: Insurance binders are only valid for 30 days and may need to be reissued if the policy endorsements are still pending. Binders may be issued for a maximum of three, thirty (30) day periods. The Subrecipient shall furnish certified copies of all policies and endorsements to the City and Agency, evidencing the insurance coverage above required, five business days prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) day prior written notice to the City and Agency, and shall maintain such insurance from the time the Subrecipient commences performance of services hereunder, until the completion of such services. An "Insurance Inventory" in the form of which is attached hereto as Exhibit "5" and incorporated herein by this reference, shall be completed by the Subrecipient and approved by the City and Agency prior to the commencement of performance of services hereunder. 9 All policies, with respect to the insurance coverage required above, except for the worker's compensation coverage, shall contain additional insured endorsements naming the City and Agency, and their officers, agents, employees and volunteers as additional name insured, with respect to liabilities arising out of the performance of services hereunder. 24. Conflict of Interest The Subrecipient, its agents and employees shall comply with all applicable federal, state, county and city laws and regulations governing conflict of interest. To this end, the Subrecipient will make available or shall provide copies of all applicable federal, state, county and city laws and regulations governing conflict of interest, to its agents and employees, and shall furnish to the City and Agency, prior to execution of this Agreement, a written list of all current or proposed subgrantees/subcontractors, vendors, and personal service providers, including subsidiaries. This list may be limited to those subgrantees/subcontractors, vendors or personal service providers, including subsidiaries -which will receive Ten Thousand Dollars ($10,000) or more during the term of this Agreement. Such list shall include the names, addresses, telephone numbers and identification of principal parties and description of services to be provided. During term of this Agreement, the Subrecipient shall notify the City and Agency in writing of any change in the list within fifteen (15) days of any change. 25. Budget Modifications The City may grant budget modifications to this Agreement for the movement of funds within the budget categories identified in Exhibit "2n when such modifications: a. Do not exceed $10,000 per budget cost category; b. Are specifically requested by the City; c. Do not alter the amount of compensation subject to or under this Agreement; d. Will not change the project goals or scope of services. e. Are in the best interests of the City and the Subrecipient in performing the scope of services under this Agreement; and f. Related to salaries, are in accordance with applicable salary ordinances or laws. 10 26. Time of Performance Modifications The City may grant time of performance modifications to this Agreement when such modifications: a. In aggregate do not exceed twelve (12) calendar months; b. Are specifically requested by the City; c. Will not change the project goals or scope of services; d. Are in the best interest of the City and the Subrecipient in performing the scope of services under this Agreement; and e. Do not alter the amount of compensation under this Agreement. 27. Independent Contractor The parties hereto in the performance of this Agreement will be acting in the independent capacity and not as agents, employees, partners, joint ventures, 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. 28. Amendments; Variations This writing with attachments, embodies the whole of the Agreement of the parties hereto. There are no oral Agreements not contained herein. Except as herein provided, addition or variation of the terms of this Agreement shall not be valid unless made in the form of a written amendment to this Agreement formally approved and executed by all parties. 29. Purchase and Invoice Deadlines Purchase of equipment and property, other than supplies, shall be completed before the last three (3) months of the Agreement period and all equipment bills are to be paid before the last two (2) months of this period. No property or equipment, other than supplies, may be purchased during the final three (3) months of the Agreement. The Subrecipient shall complete all purchases of supplies before the last two (2) months of the Agreement and shall pay ali supply bills before the final month of the Agreement. Invoices which have not been received by the Agency within sixty (60) days after the Agreement termination date shall not be honored. Exceptions to these limitations require prior written approval by the City and Agency, or its designee. 11 30. Acquisition of Supplies and Equipment Following approval by the City for necessary supplies and equipment for Agreement performance, the Subrecipient may purchase from a related agency/organization only if: (a) Prior authorization is obtained in writing from the City; (b) No more than charges for reimbursement costs are made and no less than minimum specifications are met as provided in writing by the City; (c) A community related benefit is derived from such the Subrecipient related acquisition; and (d) No conflict of interest or private gain accrues to the Subrecipient or its employees, agents or officers. 31. Program Monitoring The City will monitor the Subrecipient in the performance of this Agreement. The Subrecipient shall maintain such property, personnel, financial and other records and accounts as are considered necessary by HUD, and the City, to assure proper accounting for all CDBG funds authorized under this Agreement. The Subrecipient will permit on-site inspection by the City and Agency and HUD representatives, and ensure that its employees and board members furnish such information, as in the judgment of the City and HUD, may be relevant to a question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. All the Subrecipient records, with the exception of confidential client information, shall be made available to representatives of the City and appropriate federal agencies. The Subrecipient will maintain a copy of the Income Qualification Statement in the form of which is attached hereto as Exhibit "6" and incorporated herein by this reference, for each client served. The Director or his/her designee will conduct periodic program progress reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable goals achieved the effectiveness of program management, and the impact of the program. 32. Monthly Progress Reports By the fifth (5th) day of each month, the Subrecipient shall submit a Monthly Status Report on the progress of the program. to the Agency. This report shall conform to the HUD Monthly Accomplishment Form in the form of which is attached hereto as Exhibit "7" and incorporated herein by this reference. Totals should reflect monthly and cumulative data of all persons/households assisted under this Agreement. A supporting narrative will also be required, that 12 ` describes in measurable terms, the accomplishments and activities attained during the reporting month by the Subrecipient in meeting the goals described in Exhibit "1" Project Description during the reporting month. 33. Use of Funds Funds allocated pursuant to this Agreement shall be used exclusively for costs included in the Subrecipient's program budget. Agreement funds shall not be used as security or to guarantee payments for any non-program obligations, nor as loans for non-program activities. All bank accounts for the Subrecipient shall be non-interest bearing. 34. Religious Proselytizing or Political Activities The Subrecipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities. In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of public services with CDBG funds, pursuant to Title 1 of the Housing and Community Development Act of 1974, as amended, and provided the Subrecipient is and has qualified to participate in this Agreement as a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization, the Subrecipient: a. Represents that it is not, or may not be deemed to be, a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization; b. Agrees that, in connection with such public services: (i) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; (ii) It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, 13 and exert no other religious influence in the provision of such public services; (iv) The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the Subrecipient and in which the public services are to be provided; provided that, minor repairs may be made if such repairs (1) are directly related to the public services, (2} are located in a structure used exclusively for non-religious purposes, and (3) constitute in dollar terms only a minor portion of the CDBG expenditure for the public services. 35. Audits The Subrecipient is required to arrange for an independent financial and compliance audit annually for each fiscal year Federal funds are received under this Agreement. An audit may also be conducted by Federal, State, or local funding source agencies as part of the City's audit responsibilities. The results of the independent audit must be submitted to the City within thirty (30) days of completion. Within thirty (30) days of the submittal of audit report, the Subrecipient shall provide a written response to all conditions or findings 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, within six (6} months after receipt of the audit report. The City and Agency, 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 the Subrecipient, whose staff will cooperate fully with authorized auditors when they conduct audits and examinations of the Subrecipient's program. If indications of misappropriation or misapplication of the funds of this Agreement cause the City to require a special audit, the cost will be encumbered and deducted from this Agreement budget. Should the special audit confirm misappropriation or misapplication of funds, the Subrecipient shall reimburse the City. 36. Counterparts This Agreement may be executed in counterparts. When executed, each counterpart shall be deemed an original, irrespective of date of execu#ion. Said counterparts shall together constitute one and the same Agreement. 37. Status of the Subrecipient This Agreement shall not become effective until such time as the Director or his/her Designee submits to the Subrecipient written notice that the Subrecipient is an eligible Subrecipient ("Eligible Subrecipient") as defined in Title 24, Code of Federal Regulations, Section 570.204(c). The Subrecipient represents and 14 warrants that once recognized as an Eligible Subrecipient, it will take any and all necessary actions to remain an Eligible Subrecipient. Further, in this regard, in the event the Subrecipient no longer qualifies as an Eligible Subrecipient, it shall forthwith notify the City in writing of such lapse of qualification. 38. Legal Proceedings Should any legal proceedings be commenced to enforce, enjoin, or collect funds or otherwise affect this agreement between the parties, it shall be filed in San Bernardino County Superior Court. The prevailing party shall be entitled to recover its reasonable legal fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City and Agency shall be considered as "legal fees" for the purposes of this paragraph. 39. Exhibits The Exhibits to this Agreement, one (1) through (7) are an integral part of this agreement and have each been incorporated herein. The Agreement shall not become effective until such time as the Subrecipient has properly filled out and fully executed each exhibit to this Agreement, as required, and the Director or his/her designee has reviewed and approved the form and content of each exhibit. //// //// //// //// //// //// //// 15 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. CITY OF SAN BERNARDINO, SUBRECIPIENT a municipal corporation Option House, Inc. By: BY= Fred i s n, City Manager Title: ~'~eU~-.,rE ~nec~-~'o~- City of San Bernardino ATTEST: B /~ Y- Rach lark, City Clerk Approved as to Form: ,/ !, ,~. ~~, ' , r Y• James F. P nman, City Attorney 16 EXHIBIT 1 Project Description Economic Development Agency of the City of San Bernardino 2008/2009Community Development Block Grant Subrecipient Agreement Name/Address of Subrecipient Organization: OPTION HOUSE, INC. PO BOX 970, 813 North "D" Street. Ste. 3 SAN BERNARDINO, CA. 92402 Project Activity Title: Temporary Crisis Intervention Shelter Program Date Issued: 7/1 /2008 ? Original ~ Amendment Pro~ect Activit Descri tion be s ecific Option House, Inc. Temporary Crisis Intervention Shelter Program will provide a safe haven with services to battered women, with or without children in their nine bedroom facility. Meals, snacks, toiletries and basic necessities will be provided. They agency offers a mandatory Resident In-House Program which includeds sessions on anger management; victims rights; self-esteem; co-dependency; nutrition; women's health; parenting with certificate; domestic violence education; resume writing; education/ re-entry; employment; etc. All sessions will assist Residents in making better choices leading towards self suffiency and a productive lifestyle free of violence and abuse. EXHIBIT 2 BUDGET SUMMARY Economic Development Agency of the City of San Bernardino 2008-2009 Community Development Block Grant Subrecipient Agreement Name of Subrecipient Organization: Option House, Inc. Date Issued: 7/1/2008 ? Original ? Amendment# Fundin Total COST CATEGORY CDBG Other Sources Fundin A. Wa es $ 9, 957.24 $ 15, 002.76 $ 24, 960.00 B. Benefits $ 1,583.72 $ 1,573.28 $ 3,157.00 ota a es ene i s $ 11, 540.96 $ 16, 576.04 $ 28,117.00 Consultant/Contract Services Consumable Su lies E ui ment Insurance Other Liabilit Insurance S ace Rent Travel Utilities Workman Com ensation Insurance $ 959.04 $ 940.42 $ 1,899.46 Other Total Su lies/Service Costs $ 12,500.00 $ 17,516.46 $ 30,016.46 If costs are to be shared by other sources of funding, including CDBG funds from other jurisdictions, identify sources of funding grantor/lending organization and amount Grantor/Lendin Or anization Source of Fundin Amount Cit of San Bernardino CDBG $ 12,500.00 Cit of San Bernardino ESG $ 15,000.00 Cit of Rialto CDBG $ 7,608.00 United Wa Arrowhead $ 42,500.00 Private Donations $ 25,000.00 County of San Bernardino CalWorks DV $ 127,209.00 Count of San Bernardino DCS Presle $ 66,213.00 Fundraisin $ 5,000.00 Court House $ 7,200.00 State of California OES $ 200,072.00 EXHIBIT 2 Budget Summary Economic Development Agency of the City of San Bernardino 2008-2009 Community Development Block Grant Subrecipient Agreement Project: TEMPORARY CRISIS INTERVENTION SHELTER PROGRAM Name and Address of Prospective Maintenance and Operation Entity: OPTION HOUSE, INC. PO BOX 970 SAN BERNARDINO, CA. 92402 The governing body of the above public, Quasi-Public, or Non-Profit entity has the financial capacity and is willing to assume the maintenance and operation responsibility and costs associated with the indicated CDBG project. This body has reviewed Part li of this form and to the best of its ability has determined this budget to be a true and accurate estimate of th annual Maintenance and Operation cost for the proposed project. The maintenance and operation costs that will be considered are those authorized under 24 CFR 570.201(e) and 24 CFR 570.206 (a)(4) while activities under 24 CFR 570.207(a)(2) classified as ineligible will not be allowed. Examples of eligible cost are: - Renta! or Purchase of Equipment - Insurance - Utilities - Office Supplies - Rental and Maintenance of Office Space - Staff Salary It is understood that without a commitment for maintenance and operation, the indicated project may not be considered for funding under the Community Development Block Grant Program. NOTE: Community Development Block Grant Funds may not be utilized for ongoing maintenance and operation costs of capital improvements/facilities. Executive Director Signature Title 30-May-08 Date EXHIBIT 3 Budget Justification Economic Development Agency of the . City of San Bernardino 2008-2009 Community Development Block Grant Subrecipient Agreement Name of Subrecipient Organization: OPTION HOUSE, INC. DATE ISSUED: 7/1/2008 ~ Original 0 Amendment Personnel Wa es Detail Domestic Violence Advocate $12.00 40.00 12 months $ 24,960.00 TOTAL $ 24, 960.00 Personnel Benefits Detail FICA 7.65% $ 1,909.44 SUI 5.00% $ 1,248.00 W/C 7.61 % $ 1,899.46 Total Wa es/Benefits $ 24,960.00 $ 5,056.90 $ 30,016.90 EXHIBIT 4 Request for Reimbursement Economic Development Agency of the City of San Bernardino 2008-2009 Community Development Block Grant Subrecipient Agreement PROJECT ACTIVITY TITLE: TEMPORARY CRISIS INTERVENTION SHELTER PROGRAM DATE ISSUED: 7/1 /2008 ? Original D Amendment# PROPOSED SCHEDULE OF PAYMENTS (REQUEST FOR REIMBURSEMENT ONLY) Reimbursement will be on a monthly basis, due by the first week of the month. EXHIBIT 5 Insurance Requirements Economic Development Agency of the City of San Bernardino 2008-2009 Community Development Block Grant Subrecipient Agreement Project Activity Title: TEMPORARY CRISIS INTERVENTION SHELTER PROGRAM ? Original ? Amendment# INSURANCE INVENTORY {See attached copy of Insurance Policy) PRIMARY INSURANCE POLICY Name of Insurance Company: HRH North American Insurance Agency Effective Dates of Policy: 03/01 /08 - 03/01 /09 {per occurrence policy) Limits of Liability: $1,000,000.00 Deductibles Per Occurrence: $500.00 EXCESS/UMBRELLA POLICY Name of Insurance Company: HRH North American insurance Agency Effective Dates: 03/01 /08-03/01 f09 Limits of Liability: $1,000,000.00 Underlying Coverage Limits: Name of Underlying Company: Endorsements Attached: (Name specific endorsements) Additional Insured Endorsement Attached: ? Yes ~ No Certified Copy of Policy Attached: ? Yes ? No Certificate of Insurance Attached: ? Yes ? No C6ient#:3G000 20PTIFi©IJ ~~h,•~l~~ss, ~~~I~~~ ~ ~II~~ - DATE(MM/DDIYYYY) 03128/08 PRar~uc:R THIS CERTIFtCATE IS ISSUED AS A MATTER OF 3N1=0RMATION Hitb Regal 8; lHaht~s ln:~urance ONLY AND CONFERS NO RIGHTS UPON TFtE CERTIFICATE Servic+.as of CA, inc. LIC#Q51t289 HOLDER. THIS CERTIFICATE DOES NOTAtVIENLI, EXTEND OR AL.T~R T'FfE COVERAGE AFFORDED BY TH1= PQUCIES BE:.OW. - 9166 nahecrn P9sce, Suite 905 Ranch:!' Cucamonga, C;A 51730 fh'SURERS AFFORDING COVERAGE I~IAIC # INSURED ;INSURER A: Philadelphia tnst~ranee 23850 O~ticsT>: Hulse INSi1RR B: _ Attn: ~/eid~. Gri#€in ~ ~ INSURER c. ^ 'p.©. EOX g70 ~ INSURER D: - San 8ernardiTtO, CA seafl2 INSI:RER E: covE~;~GES HE P )UCIES OF INSURANCE LISTED 6ELOW FIf?1/E BEEN ISSUED TO THE INSURED NAf~AED f;E30VE FDR THE PaUCY' PERIOD INDIGA'1^D. NOTWi7 HST/+,NDWG ANY Ri:QL11REMENT, TERfv` OR CONDIT[ON OF AhY CONTRAGT OR OTHcR DOCUM[NT ~NiTH RESPEC- TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PRAY F°=RTAIN, THE I~~ISUR;aNCE AFFORDf=D BY THE POLICIES DESCRIBED hEReW iS SUt3~JECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICES. AGGREGATE LI}111TS SH04VN 1rtAY HAV=BEEN REDUCED BY PAID CLAIMS, WSR DD' POLICY )FFECTIVE POLICY EXPIRATION LTR SRI TYPE OF INSURANCE POLICY NUMBER GATE MMlDD GATE MMiD01YY LIMITS A G>=NEw+L uaelLmr Pl-tE'FC295738 03/01/08 Q3/a1/fl9 EAGH OCCURRENCc s1 Q00 000 X COMh1Er CIAI. GENERAL LIABILITY DAMAGE TO RENs'1;D S9 00 400 P (:LF11;IS hd~DE ~X OCCUR McD EX(' (Any one person) SI$ Odfl fx_RSONAL 8 ADV INJURY s1 00O O00 GENERALAGGREGAT~ S3 O©O a0O GEN'L AGGREGATE LIMIT APP1.fES PER: PRODUCTS • COI:IP;OP AGG s3 Oaa 000 POI.IC:Y PRa J= T LAC A AUTOM081LeL1ABILIT'Y PHFK295738 03!01/08 03/09/06 CUIVIBINEDSI,NGL~LIMIT s1 000 000 X P,NY AUTJ Ira accident) ~ i r All OWNED AUTOS t ! BCUILY INJURY S ,`~.`CHEJUiL-D AUTOS I (Per person) X HIREC AUTU5 BODILY INJURY ~ $ X kON-OWWF,DkLTOS (Perxddent) PROP=RTY DAMAGE 5 (Per ..cadenq GARAGE LIA6ILITY AUTO ONLY . iA ACCIDEh? 5 ANY ALIT:. OTFi.R THAN EA ACC S AUTYi ONLY: AGG S A ~ ExcESSruMef~~l-LA ~Aa,Lmr PHltB233704 03/01108 03101109 I .:J1CH OCCURR[NCE s1 OOp a00 CCCUR ~ CLAIMS h1ADE AGGREGATE S9 a00 OOd 5 CEDUCTIBLE 3 X RETENfiON S laflfla S WOI;KERS GOMPENSATIOR ANO WC STATII- ( OTH- EMF°.OYERS UABtL>T Y ANY ~ROPRIETOF2JF',aRTNERfEXiTCUTiVE F.L. EACH ACCIDENT S OFF: ,ERIMEMB~fZ EXCLUDED? E.L. DISEASE - EA EMPLOYEE S H ye::, desu~be uTider SPE;::IAI. PFiOLrISIONS below E.L. DISEASE - PO1.1CY LIhi1T S A oTI:;:R Directors & P!-ISD319232 03107/08 03/01/09 $1,000,000 Per C7cc. OfBi~ers $1,aa0,0a0 Aggregate OESGRIFT~ aN pF OPERATIONS !LOCATIONS 1 YEHIGI,ES / EXC4USIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS RE: ES(~/CDBG Funding Certificate holder is named as adrlitianal insured wiith respect to genera: [iabili2y per form CG 20 2611 85. *1 C day' notice fpr :ton-payment of prerni~.~i>t. CEt~TIF1::ATE OLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of San Bernardino and DATE THEREOF, THE ISSUING fNS:1RER WILL ENDEAVOR TO MAIL ,~Q_ OAYS WRITfF.N Econ.otnic Deveiopmen# Agency NOTICE TO THE CERTIFICATE HOLAER NAMED TO THE LEFT. BUT FAILURE TO GO SO SMALL 2fl9 North Street IMPOSE NO 06LIGATION OR LIA81LfTY OF ANY KIND UPON TH. INSURER, !TS AGENTS OR San Bernardino, CA 62401-1407 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE - _ ACORD :,:5 {2001108) 1 pf g #S576309/M578878 2C$Mp U ACORD CORPORATION 1988 POLICY NUMBER: PHPK1277~6 COfJ1MEP.ICAL GENERAL LIA6ILTY T(-~11S ENDORSENlEN-~^ GANGES THE POLICY. PLEASE READ (T wAREFULLY. AD~lT~ONAL INSI~R~D - DESI~NAT~D ~~RSON OR - OR~ANlZ~?TION This endorsement mcdifes insurance provided under the following: COMtJIERCIAL GENERAL LIABILITY COVERAGE PART. SCHE©ULE Name of Person or Organization: City of San i~ernardino and Econornic Uevelopmer~t Agency ESG/C€]~G Funding (tf r:o en~ry appears above, tt';e information required to complete this endorsement will be shown # the Decarations applicable fo this endorsement.) WHO iS .AN INSURED (Section !I} is amended to include as an insured the person or organization shown in the Schedule but on y with respect to liability arising out of your operations or premises owned by cr rented t~~ you. CG 20 2~ ? 7 X35 Copyright Insurance Services Office, #nc. 4984 EXHIBIT 6 .a~= u , Income Qualification Statement Ex ~ ~' °rn~ Do _ plete Economic Development Agency of the City of San Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement This Program is available at no cost for individuals or families who meet the income limits specified below. The income limit is based on the total gross annual income of all household members from all sources of income. 2008 Annual Gross Income Limit Number of Persons Per Household 1 2 3 4 5 6 7 8+ 30% of Median $14,000 $16,000 $18,000 $20,000 $21,600 $23,200 $24,800 $26,400 Ve Low-Income 50% $23,300 $26,650 $29,950 $33,300 $35,950 $38,650 $41,300 $43,950 Low-Income (80%) $37,300 $42,650 $47,950 $53,300 $57,550 $61,850 $66,100 $70,350 1. Total Number of Persons in Household: 2. Total Annual Gross Income of Household: 3. Number of Persons Handicapped or Disabled: 4. Number of Persons 60 Years of Age or More: 5. Ethnicity: ? White/Not Hispanic Origin ? Black Not Hispanic Origin ? Hispanic ? American Indian/Alaskan Native ? Asian/Pacific !slander I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MADE ON THIS FORM ARE TRUE. Name: Date: Address: (Street, City, State, Zip) Signature: Title: P:\Forms\Housing Forms\CDBG Forms\CDBG Agreement.doc EXHIBIT 7 ~ ~~-~ Monthly Accomplishment Form Do N~~ ` 'Iefie i San Berner ono Economic Development Agency City of San Bernardino Community Development Block Grant Monthly Accomplishment Report for the Month: 2008/2009 5ubrecipient Information Name: Address: Name of Program Activity: Actual Program Goal Met: Program Goal for the Year: This Month: Program Goal for the Month: Year to Date: Nurr~ber of Beneficiaries Served This Month Number of Individuals Benefited this Month: Number of Female Head of Households: Of the Number of Individuals Benefited, How many were New Applicants: Number of Individuals Benefited Year to Date Totals. Current and New Columns, when added together, should equal total Number of Individuals Benefited this Month: Current New Current New Current New _ Current New July Oct Jan Apr Aug Nov Feb May Sept Dec Mar Jun Income Levels Extremely Low Income (30% AMI) Above 80% AMI Very Low Income (50% AMI) Low Income (80% AMI) TOTAL 30% 50% 80% HOUSEHOLD SIZE MEDIAN INCOME MEDIAN INCOME MEDIAN INCOME Extreme) Low Ve Low Low 1 14 000 23 300 37 300 2 $16 000 26 650 42 650 3 18 000 29 950 47 950 4 20 000 33 300 53 300 5 21 600 35 950 57 550 6 23 200 38 650 61 850 7 24 800 41 300 66 100 8 26 400 43 950 70 350 Page 1 of 4 ~ Economic Development Agency Gty of San Bernardino Community Development Block Grant San Bernar ~ino Monthly Accomplishment Report for the 2008/2009 Month Subrecipient Name: Ethnicity° Applicants Current New this Month White: Black/African American: Asian: American Indian/Alaskan Native: Native Hawaiian/Other Pacific Islander: American Indian/Alaska Native & White: Asian & White: Black or African American & White: American Indian/Alaska Native & Black or African American: Hispanic Other Multi-Racial: TOTALS: **Cumulative Total: **Cumulative Total for both Current and New Applicants should match Total Number Benefiting for this month Service Hours Of the number of individuals served this month, attended hours of service, for a total of service hours this month. Example: Of the number of individua/s served this month, 12 attended 30 hours of service, fog a total of 360 service hours this month. Year to Date Service Hours: Jul October Janua Aril Au ust November Februa Ma Se tember December March June Total service hours provided to date are: Of the individuals who have participated in your program, how many: Now have new access to this service or benefit Now have improved access to this service or benefit Now receive a service or benefit that is no longer substandard Page2of4 i Economic Development Agency -v-< ,~ City of San Bernardino Community Development Block Grant San Berner ino Monthly Accomplishment Report for the ~, Month : 2008/2009 Subrecipient Name: Narrative Please provide a narrative of what your organization accomplished this month. Page 3 of 4 f ECONOMIC DEVELOPMENT -JOBS CREATION/BUSINESSES ASSISTED Of the businesses assisted, how many jobs are you expected to create or retain? TOTAL FT JOBS JOB COUNT TOTAL WKLY HRS Ff-L/M PT PT-L/M Ex echo Create Ex ct to Reta i n Of the businesses assisted, how many jobs were actually created or retained? TOTAL FT JOBS JOB COUNT TOTAL WKLY HRS FT-L/M PT PT- M Actuall Created Actuall Retained Of the jobs created, how many had employer sponsored health care benefits? How many individuals were unemployed prior to taking jobs created by the businesses assisted? What types of jobs were created? Officials and Managers Craft Workers (Skilled) Professional Operatives (Semi-Skilled) Technicians Laborers (Unskilled) Sales Service Workers Office and Clerical Of the Businesses assisted, how many were new? Of the Businesses assisted, how many were existing? Of the existing_businesses assisted, how' many are expanding ,how many are relocating ? How many businesses were assisted with commercial facade treatment business building rehab? How many of the businesses assisted provided goods or services to meet the needs of a service area, neighborhood, or community? Please provide a Duns Number for each of the businesses assisted: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. A DUNS number is now a requirement for any business that receives Federal assistance. However, if the assistance is for general training/TA for an entrepreneur who wants to start a business but where no business exists then the grantee is not required to ~ fill in the DUNS number. To obtain a DUNS number call 1-866-705-5711. The process is free and takes about 10 minutes. Page4of4 t CDBG SUBRECIPIENT AGREEMENT (Public Services Program) between THE CITY OF SAN BERNARDINO And Time For Change Foundation TABLE OF CONTENTS OPERATIVE PROVISIONS ...........................................................................................................................1 1. Scope of Services .............................................................................................................................1 2. Time of Performance ........................................................................................................................1 3. Compensation and Method of Payment ...........................................................................................2 4. Compliance with Laws and Assurances ...........................................................................................2 5. Affirmative Action ..............................................................................................................................2 6. Discrimination ...................................................................................................................................3 7. Accounting ........................................................................................................................................3 8. Budget Section .................................................................................................................................3 9. Non-Expendable Property ................................................................................................................3 10. Expendable Personal Property .........................................................................................................3 11. Purchase or Lease of Non-Expendable Property or Equipment ......................................................4 12. Changes in Grant Allocation .............................................................................................................4 13. Revenue Disclosure Requirement ....................................................................................................4 14. Joint Funding ....................................................................................................................................5 15. Notices ..............................................................................................................................................5 17. Termination and Termination Costs .................................................................................................5 18. Program Income ...............................................................................................................................7 19. Reversion of Assets ..........................................................................................................................7 20. Fiscal Limitations ..............................................................................................................................7 21. Use of Funds for Entertainment, Meals or Gifts ...............................................................................8 22. Release, Indemnification, and Hold Harmless .................................................................................8 23. Insurance Requirements ................................................................................................................10 24. Conflict of Interest 25. Budget Modifications ......................................................................................................................10 26. Time of Performance Modifications ................................................................................................11 27. Independent Contractor ..................................................................................................................11 28. Amendments; Variations ................................................................................................................11 29. Purchase and Invoice Deadlines ....................................................................................................11 30. Acquisition of Supplies and Equipment ..........................................................................................12 31. Program Monitoring ........................................................................................................................12 32. Monthly Progress Reports ..............................................................................................................12 33. Use of Funds ..................................................................................................................................13 34. Religious Proselytizing or Political Activities ..................................................................................13 35. Audits ..............................................................................................................................................14 36. Counterparts ...................................................................................................................................14 37. Status of the Subrecipient ..............................................................................................................14 38. Legal Proceedings ..........................................................................................................................15 39. Exhibits ...........................................................................................................................................15 EXHIBIT 1 Project Activity/Description EXHIBIT 2 Budget Summary (pages 1 and 2) EXHIBIT 3 Budget Justification - (Service/Supplies) EXHIBIT 4 Request for Reimbursement EXHIBIT 5 Insurance Requirements EXHIBIT 6 Income Qualification Statement EXHIBIT 7 Monthly Accomplishment Form Community Development Block Grant Public Services Subrecipient Agreement FY 08109 This Agreement is entered into this 15t day of July, 2008, by and between the City of San Bernardino, a municipal corporation, hereinafter referred to as the "City" and Time For Change Foundation hereinafter referred to as the "Subrecipient." WITNESSETH WHEREAS, the City has entered into a contract with the United States of America through its Department of Housing and Urban Development (HUD) to execute the City's Community Development Block Grant (CDBG) Program under the Housing and Community Development Act of 1974, as amended, hereinafter called the "Act;" and WHEREAS, the City and the Subrecipient have an interest in providing necessary services to and enhancement of the quality of life of its citizens; and WHEREAS, the City and the Subrecipient recognize that the project herein is eligible under HUD regulations; and WHEREAS, the City and the Subrecipient desire to cooperate in the implementation of the program by reason of experience, preparation, organization, staffing, and facilities to provide services for the benefit of low- and moderate-income persons. NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows: OPERATIVE PROVISIONS 1. Scope of Services The Subrecipient shall perform all the services described in the Project Description and Scope of Services set forth on Exhibit "1" to this Agreement a copy of which is attached hereto and incorporated herein by this reference. 2. Time of Performance Said services of the Subrecipient are to commence on July 1, 2008, and shall be completed no later than June 30, 2009. 1 3. Compensation and Method of Payment For performance of such services, the City shall pay the Subrecipient an amount of money not to exceed twelve #housand five hundred dollars ($12,500.00) which the Mayor and Common Council approved as part of the Fiscal Year 2008/2009 CDBG budget. Said payment shall constitute full and complete compensation for performance by the Subrecipient of the Services under this Agreement. Method of payment shall be in the form of a Request for Reimbursement in accordance with the terms and conditions set forth on Exhibit "4" to this Agreement, a copy of which is attached hereto and incorporated herein by this reference. All Requests for Reimbursement shall be submitted on a monthly basis in accordance with HUD regulations "Audit Ready." The Redevelopment Agency of the City of San Bernardino (the "Agency") on behalf of the City, will reimburse the Subrecipient one-twelfth (1/12) or $1,041.66 of total allocation beginning the month of July 2008. Verifiable supporting documentation of expenditures for services rendered, plus proof of payment all acceptable to the City in the sole discretion of the City shall be submitted prior to any payment by the City to the Subrecipient. Supporting statements shall give the total of said monthly expenses and shall also itemize the same in detail conforming to the Budget Summary set forth on Exhibit "2". After timely receipt of each supporting statement, the City will draw a warrant within thirty (30) days in favor of the Subrecipient for the total amount of the Request for Reimbursement approved by the City. The City will reject and return reimbursement requests not properly and/or completely submitted. 4. Compliance with Laws and Assurances The Subrecipient hereby assures and certifies that it has complied and will continue to comply with the Act and all applicable federal, state, and local laws, ordinances, regulations, policies, guidelines, and requirements as they relate to acceptance and use of federal funds for this federally-assisted program. This Agreement is subject to all such laws, ordinances, regulations, policies and guidelines, including, without limitation, the Act; Title 24, Code of Federal Regulations, Part 85; Title 24, Code of Regulations, Part 570; and U.S. Office of Management and Budget Circulars applicable including, without limitation, A-87, A-95, A-110, A-122 and A-128. 5. Affirmative Action The Subrecipient 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, the Subrecipient 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. 2 6. 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 Agreement. 7. Accounting The Subrecipient shall establish and maintain on a current basis an adequate accrual accounting system in accordance with generally accepted accounting principles, practices, and standards. 8. Budget Section No more than the amounts specified in the Budget Justification set forth on Exhibit "3", shall be spent for the separate cost categories specified in Budget Summary set forth on Exhibit "2", without prior written approval of the Executive Director (the "Director") of the Agency, the Administrator of the CDBG Program, or his/her Designee. 9. Non-Expendable- Property A record shall be maintained by the Subrecipient for each item of nonexpendable property acquired for this program with HUD CDBG funds. This record shall be provided to the City as well as being available for inspection and audit upon reasonable notice by the City at the request of the City. Non-expendable .property means tangible personal property having a useful life of more than one (1) year and an acquisition cost of Three Hundred Dollars ($300.00) or more per unit. The Subrecipient shall not purchase or agree to purchase non-expendable property without the prior written approval from the Director or his/her designee. Upon completion or early termination of this Agreement, the City reserves the right to determine the final disposition of said non-expendable property acquired for this program and HUD CDBG funds in compliance with applicable laws and regulations. Said disposition may include, but is not limited to, the City taking possession of said non-expendable property. 10. Expendable Personal Property Expendable personal property refers to all tangible personal property other than non-expendable personal property. The Subrecipient shall not purchase or agree to purchase expendable personal property with a unit value of Three Hundred Dollars ($300.00) or more per unit without the prior written approval of the Director orhis/her designee. 3 11. Purchase or Lease of Non-Expendable Property or Equipment The Subrecipient shall obtain three documented bids prior to purchasing or leasing any non-expendable personal property or equipment over Three Hundred Dollars ($300.00) in unit value as approved in the Budget set forth on Exhibit "2", The Budget Summary. The Subrecipient shall purchase or lease from the lowest responsive and responsible bidder. All equipment that has a purchase or lease price of over Fifty Dollars ($50.00} in unit value and life expectancy of more than one (1) year shall be properly identified and inventoried and shall be charged at its actual price, deducting all cash discounts, rebates and allowances received by the Subrecipient. This inventory shall be provided to the City as well as being available for inspection and audit upon reasonable notice by the City at the request of the City. 12. Changes in Grant Allocation The City reserves the right to reduce the grant allocation when the City's fiscal monitoring indicates that the Subrecipient'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 the Subrecipient. Such changes shall be incorporated into this Agreement by written amendments. 13. Revenue Disclosure Requirement By its execution of this Agreement, the Subrecipient certifies that it has previously filed with the Agency, a written statement listing all revenue received, or expected to be received, by the Subrecipient from federal, state, city and county, and from other governmental agencies, and applied or expected to offset, in whole or in part, any of the costs incurred by the Subrecipient in conducting current or prospective projects or business activities, including, but not limited to, the project or business activity which is the subject of this Agreement. Such statement shall reflect the name and a description of such project, the dollar amount of funding provided, or to be provided, by each and every governmental agency to each such project or business activity, and the full name and address of each such governmental agency. During the term of this Agreement, the Subrecipient shall prepare and file a similar written statement each time it receives funding from any governmental agency which is additional to that revenue disclosed in the Subrecipient's initial revenue disclosure statement hereunder. Such statement shall be filed with the Agency, within fifteen (15) calendar days following receipt of such additional funding. The Subrecipient shall make available for inspection and audit by the City's and Agency's representatives, upon request, at any time or times during the duration of this Agreement 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 the City. All such books and records shall be maintained by 4 the Subrecipient at their designated business location. Failure to comply with the requirements of this section of the Agreement shall constitute a material breach of this Agreement upon which the City may, among its other remedies, and without limitation, cancel, terminate, or suspend this Agreement. 14. Joint Funding For programs in which there are sources of funds from the private sector in addition to HUD CDBG funds, the Subrecipient shall provide proof of such funding. The City shall not pay for any services provided by the Subrecipient which are funded by other sources. All restrictions and/or requirements provided in this Agreement relative to accounting, budgeting, and reporting, apply to the total program regardless of funding sources. 15. Notices All notices herein required shall be in writing. Notices shall be sent by prepaid First Class Mail to the following Address: To the City: Economic Development Agency Attn.: Interim Executive Director 201 North "E" Street, Suite 301 San Bernardino, California 92401 To the Subrecipient: Ms. Kim Carter Time For Change Foundation 2130 N. Arrowhead Ave., #104 B & C San Bernardino, CA 92405 16. Assignment This Agreement is not assignable by the Subrecipient without the express prior written consent of the City, which consent shall be given in the City's sole discretion. Any attempt by the Subrecipient to assign any performance of the terms of this Agreement shall be null and void and shall constitute a material breach of this Agreement upon which the City may, among its other remedies, and without limitation, cancel, terminate or suspend this Agreement. 17. Termination and Termination Costs (a) This Agreement may be terminated at any time by any party upon giving its thirty (30) day notice in writing to the other party. The Director or his/her designee is hereby empowered to give said notice, subject to ratification by the Mayor and Common Council. Further, the City may immediately terminate this Agreement upon the termination, suspension, 5 discontinuation or substantial reduction in HUD CDBG funding for the Agreement activity. Further, and not withstanding any other provision of this Agreement, if the Subrecipient materially fails to comply with any term of this Agreement, or the award the subject of this Agreement, whether stated in a federal statute or regulation, an assurance, in a state plan or obligation, a notice of award, or elsewhere, the awarding agency or city may take any one or more of the following actions, as appropriate in the circumstances: (i) Temporarily withhold cash payments pending correction of the deficiency by the Subrecipient or more severe enforcement ac#ion by the awarding agency; (ii) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; (iii) Wholly or partly suspend or terminate the current award for the City's or the Subrecipient's program; (iv) Withhold further awards for the Program; or (v) Take other remedies that may be legally available. Further, and notwithstanding any other provision of this Agreement, the award may be terminated for convenience in accordance with Title 24, Code of Federal Regulations, Part 85.44. (b) Costs of the Subrecipient resulting from obligations incurred by the Subrecipient during a suspension or after termination of this Agreement are not allowable unless the City expressly authorizes them in the Notice of Suspension or Termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowed if: (i) The costs result from obligations which were properly incurred by the Subrecipient before the effective date of suspension or termination, are not in anticipation of it, and, in the case of a termination, are noncancellable; and (ii) The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect. (c) All subrecipients receiving CDBG funds will be required to cooperate and work in collaboration with City departments, to include but not limited to: Police Department, Fire Department and Code Compliance in an effort to 6 promote the well-being of citizens and aid in reducing crime, blight and unsafe conditions. Also, subrecipients may be required from time to time to attend meetings to be held at the Agency. Failure to cooperate may result in the termination of this Agreement in accordance with Section 17. Termination and Termination Costs, Recital (a) of this Agreement. 18. Program Income Any and all program income (as defined at Title 24, Code of Federal Regulations, Part 570.500(a)) received by the Subrecipient during the term of this Agreement shall be immediately returned to the City. Any and all program income on hand with the Subrecipient at the time of the expiration of this Agreement, or received by the Subrecipient after the expiration of this Agreement, shall be paid to the City pursuant to the provisions of paragraph 19 of this Agreement. 19. Reversion of Assets Upon the expiration or termination of this Agreement, for any reason whatsoever, the Subrecipient shall forthwith transfer to the City, any CDBG funds on hand at the time of such expiration or termination and any accounts receivable attributable to the use of CDBG funds including, without limitation, program income. Further, any real property under the control of the Subrecipient that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall either be: (a) used to meet one of the national objectives set forth in Title 24, Code of Regulations, Section 570.208, or any successor statute, until five (5) years after the expiration or termination of this Agreement, or for such longer period of time as determined to be appropriate by the City in its sole discretion; or (b) disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of real property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, such real property. 20. Fiscal Limitations HUD may in the future place programmatic or fiscal limitation(s) on CDBG funds not .presently anticipated. Accordingly, the City reserves the right to revise this Agreement in order to take account of actions affecting HUD program funding. In the event of funding reduction, the City may reduce the budget of this Agreement as a whole or as to cost category, and may, at its sole discretion, limit the Subrecipient's authority to commit and spend funds. Where HUD has directed or requested the City to implement a reduction in funding, with respect to funding for this Agreement, the Director or his/her designee may act for the City in implementing and effecting such a reduction and in revising the Agreement for such purpose. The Director or his/her designee may act for the City in suspending the operation of this Agreement for up to sixty (60) days, upon three (3) days written notice to the Subrecipient of his/her intention to so act. In no 7 event, however, shall any revision made by the City affect expenditures and legally binding commitments made by the Subrecipient 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. 21. Use of Funds for Entertainment. Meals or Gifts The Subrecipient certifies and agrees that it shall not use funds provided through this Agreement to pay for entertainment, meals, or gifts. 22. Release, Indemnification, and Hold Harmless The Subrecipient shall defend (if requested by the City and the Agency), release, indemnify and hold the City and Agency, their officers, officials, attorneys, agents, employees, and volunteers, harmless from and against any loss, liability, claim, or damages that may arise or result from activities of the Subrecipient, its officers, agents, and employees and, shall, at its own costs, expense and risk, defend any and all legal proceedings that may be brought against the City and Agency on any claim, demand, or alleged liability, and shall satisfy any settlement or judgment that may be rendered against any of them arising or resulting from activities of the Subrecipient, and shall assume liability for any and all direct expense incurred in providing services pursuant to this Agreement 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. The Subrecipient, however, is obligated to promptly notify the City and Agency in writing of any such loss or damage. 23. Insurance Requirements The Subrecipient shall secure and maintain throughout the term of the Agreement the following types of insurance with limits as shown: a. Statutory Worker's Compensation Insurance. The Subrecipient shall require the carriers of this coverage to waive all rights of subrogation against the City and Agency, their officers, volunteers, employees, contractors and subcontractors. The Subrecipient shall maintain all California statutory requirements of $1,000,000 limit. b. Comprehensive General and Automobile Liability Insurance. The Subrecipient shall obtain general liability insurance on a per occurrence basis with a combined single limit of One Million Dollars ($1,000,000); and automobile liability insurance for owned, hired and non-owned vehicles on a per occurrence basis with a combined single limit of One Million Dollars ($1,000,000). Additional insured endorsements are required for general and automobile liability policy coverage. 8 Additional insured shall be listed as: The City and Agency, their officers, officials, attorneys, agents, employees and volunteers. c. Other Requirements and Acceptable Proof of Insurance. 1. All insurance coverage must be maintained throughout the duration of this Agreement. 2. Insurance companies must have an A.M. Best Rating of B+VII or better. 3. Policy deductibles must be stated for each coverage. Deductibles greater than $5,000 must include a letter of credit. 4. Acceptable Proof of Insurance: a. ACCORD Certificate of Insurance listing all coverage, limits, deductibles and insurers; and blanket endorsements for all applicable coverage if agent has authority to issue it; or b. Binders of insurance for all coverage. Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements and a corresponding Certificate of Insurance listing all insurers and coverage must be submitted to the City and Agency. NOTE: Insurance binders are only valid for 30 days and may need to be reissued if the policy endorsements are still pending. Binders may be issued for a maximum of three, thirty (30) day periods. The Subrecipient shall furnish certified copies of all policies and endorsements to the City and Agency, evidencing the insurance coverage above required, five business days prior to the commencement of performance of services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) day prior written notice to the City and Agency, and shall maintain such insurance from the time the Subrecipient commences performance of services hereunder, until the completion of such services. An "Insurance Inventory" in the form of which is attached hereto as Exhibit "5" and incorporated herein by this reference, shall be completed by the Subrecipient and approved by the City and Agency prior to the commencement of performance of services hereunder. 9 All policies, with respect to the insurance coverage required above, except for the worker's compensation coverage, shall contain additional insured endorsements naming the City and Agency, and their officers, agents, employees and volunteers as additional name insured, with respect to liabilities arising out of the performance of services hereunder. 24. Conflict of Interest The Subrecipient, its agents and employees shall comply with all applicable federal, state, county and city laws and regulations governing conflict of interest. To this end, the Subrecipient will make available or shall provide copies of all applicable federal, state, county and city laws and regulations governing conflict of interest, to its agents and employees, and shall furnish to the City and Agency, prior to execution of this Agreement, a written list of all current or proposed subgranteeslsubcontractors, vendors, and personal service providers, including subsidiaries. This list may be limited to those subgrantees/subcontractors, vendors or personal service providers, including subsidiaries -which wil! receive Ten Thousand Dollars ($10,000) or more during the term of this Agreement. Such list shall include the names, addresses, telephone numbers and identification of principal parties and description of services to be provided. During term of this Agreement, the Subrecipient shall notify the City and Agency in writing of any change in the list within fifteen (15) days of any change. 25. Budget Modifications The City may grant budget modifications to this Agreement for the movement of funds within the budget categories identified in Exhibit "2" when such modifications: a. Do not exceed $10,000 per budget cost category; b. Are specifically requested by the City; c. Do not alter the amount of compensation subject to or under this Agreement; d. Will not change the project goals or scope of services. e. Are in the best interests of the City and the Subrecipient in performing the scope of services under this Agreement; and f. Related to salaries, are in accordance with applicable salary ordinances or laws. 10 26. Time of Performance Modificafiions The City may grant time of performance modifications to this Agreement when such modifications: a. In aggregate do not exceed twelve (12) calendar months; b. Are specifically requested by the City; c. Will not change the project goals or scope of services; d. Are in the best interest of the City and the Subrecipient in performing the scope of services under this Agreement; and e. Do not alter the amount of compensation under this Agreement. 27. Independent Contractor The parties hereto in the performance of this Agreement will be acting in the independent capacity and not as agents, employees, partners, joint ventures, 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. 28. Amendments; Variations This writing with attachments, embodies the whole of the Agreement of the parties hereto. There are no oral Agreements not contained herein. Except as herein provided, addition or variation of the terms of this Agreement shall not be valid unless made in the form of a written amendment to this Agreement formally approved and executed by all parties. 29. Purchase and Invoice Deadlines Purchase of equipment and property, other than supplies, shall be completed before the last three (3) months of the Agreement period and all equipment bills are to be paid before the last two (2) months of this period. No property or equipment, other than supplies, may be purchased during the final three (3) months of the Agreement. The Subrecipient shall complete all purchases of supplies before the last two (2) months of the Agreement and shall pay all supply bills before the final month of the Agreement. Invoices which have not been received by the Agency within sixty (60) days after the Agreement termination date shall not be honored. Exceptions to these limitations require prior written approval by the City and Agency, or its designee. 11 30. Acquisition of Supplies and Equipment Following approval by the City for necessary supplies and equipment for Agreement performance, the Subrecipient may purchase from a related agency/organization only if: (a) Prior authorization is obtained in writing from the City; (b) No more than charges for reimbursement costs are made and no less than minimum specifications are met as provided in writing by the City; (c) A community related benefit is derived from such the Subrecipient related acquisition; and (d) No conflict of interest or private gain accrues to the Subrecipient or its employees, agents or officers. 31. Program Monitoring The City will monitor the Subrecipient in the performance of this Agreement. The Subrecipient shall maintain such property, personnel, financial and other records and accounts as are considered necessary by HUD, and the City, to assure proper accounting for all CDBG funds authorized under this Agreement. The Subrecipient will permit on-site inspection by the City and Agency and HUD representatives, and ensure that its employees and board members furnish such information, as in the judgment of the City and HUD, may be relevant to a question of compliance with contractual conditions and HUD directives, or the effectiveness, legality, and achievements of the program. All the Subrecipient records, with the exception of confidential client information, shall be made available to representatives of the City and appropriate federal agencies. The Subrecipient will maintain a copy of the Income Qualification Statement in the form of which is attached hereto as Exhibit "6" and incorporated herein by this reference, for each client served. The Director or his/her designee will conduct periodic program progress reviews. These reviews will focus on the extent to which the planned program has been implemented and measurable goals achieved the effectiveness of program management, and the impact of the program. 32. Monthly Progress Reports By the fifth (5th) day of each month, the Subrecipient shall submit a Monthly Status Report on the progress of the program to the Agency. This report shall conform to the HUD Monthly Accomplishment Form in the form of which is attached hereto as Exhibit "7" and incorporated herein by this reference. Totals should reflect monthly and cumulative data of all persons/households assisted under this Agreement. A supporting narrative will also be required, that 12 describes in measurable terms, the accomplishments and activities attained during the reporting month by the Subrecipient in meeting the goals described in Exhibit "1" Project Description during the reporting month. 33. Use of Funds Funds allocated pursuant to this Agreement shall be used exclusively for costs included in the Subrecipient's program budget. Agreement funds shall not be used as security or to guarantee payments for any non-program obligations, nor as loans for non-program activities. All bank accounts for the Subrecipient shall be non-interest bearing. 34. Rel~ious Proselytizing or Political Activities The Subrecipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement. Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shalt be used to promote any religious or political activities. In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of public services with CDBG funds, pursuant to Title 1 of the Housing and Community Development Act of 1974, as amended, and provided the Subrecipient is and has qualified to participate in this Agreement as a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization, the Subrecipient: a. Represents that it is not, or may not be deemed to be, a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization; b. Agrees that, in connection with such public services: (i) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; (ii) It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii) It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, 13 and exert no other religious influence in the provision of such public services; (iv) The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the Subrecipient and in which the public services are to be provided; provided that, minor repairs may be made if such repairs (1) are directly related to the public services, (2) are located in a structure used exclusively for non-religious purposes, and (3) constitute in dollar terms only a minor portion of the CDBG expenditure for the public services. 35. Audits The Subrecipient is required to arrange for an independent financial and compliance audit annually for each fiscal year Federal funds are received under this Agreement. An audit may also be conducted by Federal, State, or local funding source agencies as part of the City's audit responsibilities. The results of the independent audit must be submitted to the City within thirty (30) days of completion. Within thirty (30) days of the submittal of audit report, the Subrecipient shall provide a written response to all conditions or findings 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, within six (6) months after receipt of the audit report. The City and Agency, 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 the Subrecipient, whose staff will cooperate fully with authorized auditors when they conduct audits and examinations of the Subrecipient's program. If indications of misappropriation or misapplication of the funds of this Agreement cause the City to require a special audit, the cost will be encumbered and deducted from this Agreement budget. Should the special audit confirm misappropriation or misapplication of funds, the Subrecipient shall reimburse the City. 36. Counterparts This Agreement 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 Agreement. 37. Status of the Subrecipient This Agreement shall not become effective until such time as the Director or his/her Designee submits to the Subrecipient written notice that the Subrecipient is an eligible Subrecipient ("Eligible Subrecipient") as defined in Title 24, Code of Federal Regulations, Section 570.204(c). The Subrecipient represents and 14 warrants that once recognized as an Eligible Subrecipient, it will take any and all necessary actions to remain an Eligible Subrecipient. Further, in this regard, in the event the Subrecipient no longer qualifies as an Eligible Subrecipient, it shall forthwith notify the City in writing of such lapse of qualification. 38. Legal Proceedings Should any legal proceedings be commenced to enforce, enjoin, or collect funds or otherwise affect this agreement between the parties, it shall be filed in San Bernardino County Superior Court. The prevailing party shall be entitled to recover its reasonable legal fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City and Agency shall be considered as "legal fees" for the purposes of this paragraph. 39. Exhibits The Exhibits to this Agreement, one (1) through (7) are an integral part of this agreement and have each been incorporated herein. The Agreement shall not become effective until such time as the Subrecipient has properly filled out and fully executed each exhibit to this Agreement, as required, and the Director or his/her designee has reviewed and approved the form and content of each exhibit. //// //// /I// //// //// J/// //// 15 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. CITY OF SAN BERNARDINO, SUBRECIPIENT a municipal corporation Time For Change Foundation By: By: Fred ' s n, City Manager Title: ~ t~hi? City f San Bernardino ATTEST: By: _ Rache lark, City Clerk Approved as to Form: ~ ~ _f By. ~ James F. P nman, City Attorney 16 ,06/052008 14:44 9098860218 TFCF PAGE 02/02 DATE (MA4lDOMrYY} A_C(?Rt7,~ C~~TIFI~14,T~ OF ~.~~BILITY iN~URANG~ ~2 os~zoo~ PRODUCER ~ 637,) 4 62--7415 7~H15 CtK'1 rF-I~A i t I~ tu:iutU AS A iW4TTER QF iNFORMATiON CAN Insuxance Services QNLY AND CONFERS NQ RIGHTS UPON THE GERTlFICATi= ' HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTENb OR F . O . Bax 64 0 ALTER THE COVERAGE AFFORDED 8Y THE POLICIE T3ELOW. Ca itala CA ~50~0- iNSURERS AFFORDING COVElL4G>= NAiC # INSUKtU INSURER A Non rot'its Ins . Alliance Time for Change Fotu~dation tN9URf:RB.a~ CA, F . O. Box 5753 INSURER C: iNsuRi:R a: San 8ermardino CA 9~ 412 - INSURER E: GQVERACyEs THE P4lICIES OF IN$URANGE LISTEp BELOW HAVE BEEN ISSUED TO THE INSURED NAMEb ABOVE FOR THE PQLIGY PERIQD INDIGAT~D, NOTWITHSTANbING ANY REQUiREAAENY, TERM OR CONDITION OF ANY GONTRacT oR OTHER DocUMENT WITH RESPECT TTa WHiCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOR[1EL~ 8Y THE POLICIES DESCRIBED HEREIN IS SU63~CT Tp ALL THE TERMS. ~XCWSTgNS AND CONDITIONS dF SUCH PouCIES. AGGREGATE LIMITS SHOWN MAY NAVE T3EEN R1=DUCED BY PAiD CLAIMS. TL~TRR N DAL TYPE OF INSURANCE P'OUCY NUMBER ~jE EFFE'CTNE ~ Y ~ PIRA7ION lt(~IITS aeNERA~ vaslunr I I / / EACH vcCUfz~ElvcE s s, ooo, o00 X COMMERCL4L GENERAL LIABiLTiY DPRF~.MiSES a nae S 100 , 000 A QLAIMSMADE ~ OCCUR 2007~21886~-~*O ].2/18/2007 12/18/2008 ~gEDp~ ~ S x.0,000 PER80KAi. s. aDV nvJURY S 1, 0 00 , 00 0 / / / / GENERAL AGGREGATE s 2, 000, OOp C-EN'L AGr_.a~r.A'rF 1 iM1T noai iFC PC_u.: rnovvoTS; - coMr/gr aGt~ • ~ ~ , n n 0 , Q 0 0 POLICY JECT LOC / / / / AUTOMOBILE LIABILITY I / / I COMB1NEd SINf3LE LiMiT S ANY AUTO tC• ~+?d1 ALL OWNED AUT03 ~ / / / BODILY 1NJI,JRY ; SCHLOULED AUTOS ~ - - HIRED AUTOS ~ / / / BODILY IN,IUfi,Y (Par a~zidol+l) $ NON-0WNED AU'T'OS / I I / PROPETiTY OAMAGE IPef Aaadent) ; GARAGE UABTLJIY AUTO ONLY - EA ACCIDENT $ ANYAvro ~ / / / / aTHER THArT ~AAcc $ • AUTO ONLY: AGG S 6XCi;S6NMQRGLLA uJ10p.tTY / ~ / / LAGYI ocG RRCNGC m OCCUR ~ GLATTd3 MAtSE AGGREGATE ~ 3 DEDUCTIBLE ! / / / s RETENTION s s YYORKER4 COMPENSATION AND / / / / r _ Y ~q~jTS ElNPLOYER$' LIABiLiTY ANY PROPRiETORlPARTNERIEXECUTNE ~L EACH ACCIDENT S OFFlCER/MEMT3ER ExcLUDED? / / / / E.L DISEASE - EA EMPLOYEE i tt yyeess deecllbe urldl+~ $PECULL. PROVISIONS below E.L DtSi=ASE •PQLIGY LIMIT S OTHER Socl$1 3ervl.Ce / / / / ~,, Frafessional Lialb. 2007-21886-xP0 12/18/2007 12/i8/2008 S2,ooo,oDO 1~reQa?te / / / / Si,aoo,ooo oee_ DESCRIPriON O(= OPERA710NS2QCATIgNSIVENTCt.E61EXCl.li5TON5 pt~DED BY ENGOTiSEMENTISPECZaL pROVISiON3 ' The City of San HQX~d~.no arld it's officers, 'employe9s, agents and voluntaara ~ named addi~an>ti, 9.aseszed a~,~ rs~spaota to 7,iabiiities arising aut o£ ~hv pex£a~ancea o£ Che saxvicos. 10 days NOG >Eor iYar~-payment o£ pr~mi~. Locations : 2914 Nartl~ Mt. Vyew Ave, San Berns=di.no, CA 92405; 3372 North ~P81A A.~v+O, $an Bera~e~edina, GA 92404 _ CErttTIFiC~0.TE HOLDER CANCELLATION ( ~ - ~ ) - SHOULD ANY l7F THE ABOVE DESCRIBED POUpE3 BE CANGELI.EO BEFORE THE OCOIRATiON OA7'G TNCRLdC~ TFIG ISSIJINC IPtlURCR WILL QJD61lVOR TO MJ11L 3Q DAYS VYRITTEN NQ71CE TO yF1E CERTIT~CATE HOt.DER NAMED Tr7 THE L~EF'f~ BUT FAILURE TD DO SO SHALL IMPOSE NO dBLIGATiOPI OR LIABiLRY rJF ANY IQND UIyON THE TYle C3. ty O~ 531 Herllarc~n4 INSURI=R, IYS AGENTS OR REP 7ATIVES. 201 North E She 341 AuTHQR¢>=D riEPRE$ENTATIVE San Herzxarda.x~o CA 92401- AGOR>a ZS (2VOilO8) --... - ~--~~ ~ ACpRt~ ORPORATION 1988 INS025 to14e~.os p~ a a z a E~CHIBIT 1 Economic Development Agency of the City of San Bernardino 1 20~E~~20 ~~Community Development Block Grant Subrecipient Agreement _ Name/Address of Subrecipient Organization: Time for Change Foundation Mailin : P O BOX 5753 San Bernardino CA 92412 Project Activity Title: Tim or Chan e Date Issued: / l ,U ~ ~ ? Original ? Amendment l` Pro~ect Activi Descri tion Be S ecific): Phase I Transitional Living and Reentry Services (First 6 - I8 Months) During this phase, the women live together in shared living quarters. While receiving shelter the _ .women are expected to: • Attend school, seek employment and/or participate in jobs training programs • Participate in parenting education classes and child bonding activities • Participate in mental health counseling and substance abuse treatment programs • Conduct periodic housing inspections to ensure that house rules are being met and conduct random urine screenings and curfew checks • Begin a budgeting and financial management program to balance checkbook, clean credit and debt consolidation (sponsored by Washington Mutual) • Begin weekend visits with children and facilitate reunification plan with CPS for child visitation and full custody • An assessment is conducted to determine eligibility for the best type of permanent housing that is conducive to healthy and independent living .Phase II Aftercare Services (6 Months) During this phase, the women are now in permanent housing but-still receiving support: • Women have secured employment and permanent, affordable housing • Children are reunited with their mothers and participating in community activities, attending family and individual counseling sessions as necessary • Weekly support groups and case management services • . Finance (paying rent on time, maintaining a saving account) • Complete parenting education classes and associate with mentors • Weekly i 2 step meeting to ensure staying clean and sober All services are performed either in-house or through referral services. Each individual participates in an exit interview, graduation ceremony, and receives a certificate of completion. By the time graduation occurs, the individual will have established a network of supportive relationships with new ties to the community. EXHIBIT 2 Budget Summary Economic Development Agency of the City of San Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement Name of Subrecipient Organization: --~~ ~ gyn., ~~~~- Date Issued: ? Original ? Amendment Cost Category Fundin Total CDBG Other Sources Funding x,. ,~ ~ ' .A. Wa es 1y c~0 ~~,~~~. .3,000.:. B. Benefits Total Wades/Benefits ~ T~ A~~ PLIES/SER1/~~~~~~ ~ S ~ ,, ~ : tea..:.. ,_ . _ _ - - --- - -_-- - Consultant/Contract Services Consumable Supplies E ui ment Insurance Other: Liabilit Insurance S ace Rent Travel Utilities Workman Compensation Insurance Other: Total Su lies/Service Costs ~-/i p ot7 ~i ~ v ~`~, o~ If costs are to be shared by other sources of funding, including CDBG funds from other jurisdictions, identify the source of funding, grantor/lending organization and amount. Grantor/Lendin Or anization Source of Fundin Amount ~, t ru-a~ 2.o~m-{- ~ ~ o v Section 108 Loan Guarantee Other Federal Funds State/Local Funds Private Funds Other 1 EXHIBIT 2 Budget Summary Economic Development Agency of the City of San Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement Project: ~ l r'Yl•C~ ~ ~'~ ~- Name and Address of Prospective Maintenance and Operation Entity: The governing body of the above public, Quasi-Public, or Non-Profit entity has the financial capacity and is willing to assume the maintenance and operation responsibility and costs associated with the indicated CDBG project. This body has reviewed this Exhibit 2 and to the best of its ability has determined this budget to be a true and accurate estimate of the annual Maintenance and Operation costs for the proposed project. The maintenance and operation costs that will be considered are those authorized under 24 CFR 570.201(e) and 24 CFR 570.206 (a) (4) while activities under 24 CFR 570.207(x) (2) classified as ineligible will not be allowed. Sufficient funds are available from non-CDBG sources to complete the program/project as described. Examples of eligible cost are: - Rental or Purchase of Equipment - Insurance - Utilities - Office Supplies - Rental and Maintenance of Office Space - Staff Salary It is understood that without a commitment for maintenance and operation, the indicated project may not be considered for funding under the Community Development Block Grant Program. NOTE: It is understood that without a commitment for maintenance and operation, the indicated project may not be considered for funding under the Community Development Block Grant Program. Community Development Block Grant Funds may not be utilized for ongoing maintenance and operation costs of capital improvements/facilities. 2 EXHIBIT 3 Budget Justification Economic Development Agency of the City of San Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement Name of Subrecipient Organization: (L Marti ~ - Date Issued: ? Original ? Amendment Personnel Wages Detail _ Hau~ly Nur~ber~of Ler~g~h of Yearl Cosh ~~~'osition/Title = Y Rate Hou~s7lNeek Emplo r~ment _ _ lY1 TOTAL _ _ _Personnel Benefits Detail _ _ ~ = % of nSala /Calcula~~~~:,~~ ~ x Yearly Cost ~- h ~ e of ~~o s,~-: µ TOTAL Total Wa es/Benefits EXHIBIT 4 Request for Reimbursement Economic Development Agency of the City of San Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement PROJECT ACTIVITY TITLE: DATE ISSUED: ? Original ? Amendment # PROPOSED SCHEDULE OF PAYMENTS (REQUEST FOR REIMBURSEMENT ONLY) v Ii~c~l,~.~ ~ ~ 1 ~ ~ ~ - c~ -~ c~-~ - ~ 7 o c~ ~ - L ~b l v°~ ~ ~ ~ ~~" ~~vc-1~.~ b ~ ~ ~ ~ ~ l ~ C~-6 ~ G b EXHIBIT 5 Insurance Requirements Economic Development Agency of the City of San Bernardino 2008/2009 Community Development 81ock Grant Subrecipient Agreement Project Activity Title: p/ ~ ~u•~ ? Original ? Amendment # INSURANCE INVENTORY (See attached copy of Insurance Policy) PRIMARY INSURANCE POLICY Name of Insurance Company: f lic . ~ '~ ~ ~ ~ ~ ~ Effective Dates o Po y ~ ~ ~ C) '~ (per occurrence policy) Limits of Liability: C~ 0 Ca Deductibles Per Occurrence: f L ~ ~l ~ ~ ~ EXCESS/UMBRELLA POLICY Name of Insurance Company: Effective Dates: Limits of Liability: Underlying Coverage Limits: Name of Underlying Company: Endorsements Attached: (Name specific endorsements) Additional Insured Endorsement Attached: es No Certified Copy of Policy Attached: Y ? No Certificate of Insurance Attached: [c~~"~ ? No EXHIBIT 6 Income Qualification Statement Ex~xlple Form Do Not ~oinplete Economic Development Agency of the City of San Bernardino 2008/2009 Community Development Block Grant Subrecipient Agreement This Program is available at no cost for individuals or families who meet the income limits specified below. The income limit is based on the total gross annual income of all household members from all sources of income. 2008 Annual Gross Income Limit Number of Persons Per Household 1 2 3 4 5 6 7 8+ 30% of Median $14,000 $16,000 $18,000 $20,000 $21,600 $23,200 $24,800 $26,400 Ve Low-Income 50% $23,300 $26,650 $29,950 $33,300 $35,950 $38,650 $41,300 $43,950 Low-Income 80% $37,300 $42,650 $47,950 $53,300 $57,550 $61,850 $66,100 $70,350 1. Total Number of Persons in Household: 2. Total Annual Gross Income of Household: 3. Number of Persons Handicapped or Disabled: 4. Number of Persons 60 Years of Age or More: 5. Ethnicity: ? White/Not Hispanic Origin ? Black Not Hispanic Origin ? Hispanic ? American Indian/Alaskan Native ? Asian/Pacific Islander I CERTIFY UNDER PENALTY OF PERJURY THAT INCOME AND HOUSEHOLD STATEMENTS MADE ON THIS FORM ARE TRUE. Name: Date: Address: (Street, City, State, Zip) Signature: Title: P:\Forms\Housing Forms\CDBG Forms\CDBG Agreement.doc .nom . a~ .' EXHIBIT 7 Example ~ g ; Monthly Accomplishment Form `Do Not Complete Saa Berflar ~~uo Economic Development Agency City of San Bernardino ~ ~ ,R Community Development Block Grant Monthly Accomplishment Report for the Month: 2008/2009 Subrecipient information Name: Address: Name of Program Activity: Actual Program Goal Met: Program Goal for the Year: This Month: Program Goal for the Month: Year to Date: - Number of Beneficiaries Served. This Month Number of Individuals Benefited this Month: Number of Female Head of Households: Of the Number of Individuals Benefited, How many were New Applicants: Number of Individuals Benefited Year to Date Totals. Current and New Columns, when added together, should equal total Number of Individuals Benefited this Month: Current New Current New Current New Current New July Oct Jan Apr Aug Nov Feb May Sept Dec Mar Jun Income Levels Extremely Low Income (30% AMI) Above 80% AMI Very Low Income (50% AMI) Low Income (80% AMI) TOTAL 30% 50% 80% HOUSEHOLD SIZE MEDIAN INCOME MEDIAN INCOME MEDIAN INCOME Extreme) Low Ve Low Low 1 14 000 $23 300 37 300 2 16 000 26 650 42 650 3 18 000 29 950 47 950 4 20 000 33 300 53 300 5 21600 35 950 57 550 6 23 200 $38 650 $61 850 7 24 800 41 300 66 100 8 26 400 43 950 70 350 Page 1 of 4 Economic Development Agency City of San Bernardino Community Development Block Grant San Bernar ~ino Monthly Accomplishment Report for the ~, Month: 2008/2009 Subrecipient Name: Ethnicity Applicants Current New this Month White: Black/African American: Asian: American Indian/Alaskan Native: Native Hawaiian/Other Pacific Islander: American Indian/Alaska Native & White: Asian & White: Black or African American & White: American Indian/Alaska Native & Black or African American: Hispanic Other Multi-Racial: TOTALS: **Cumulative Total: **Cumulative Total for both Current and New Applicants should match Total Number Benefiting for this month ,_ Service Hours Of the number of individuals served this month, attended hours of service, for a total of service hours this month. Example: Of the number of individua/s served this month, 12 attended 30 hours of service, for a total of 360 service hours this month. Year to Date Service Hours: Jul October Janua Aril Au ust November Februa Ma Se tember December March June Total service hours provided to date are: Of the individuals who have participated in your program, how many: Now have new access to this service or benefit Now have improved access to this service or benefit Now receive a service or benefit that is no longer substandard Page 2 of 4 e Economic Development Agency ~ Ci of San Bernardino Community Development Block Grant San Berner ~ino Monthly Accomplishment Report for the 2008/2009 Month Subrecipient Name: Narrative Please provide a narrative of what your organization accomplished this month. Page3of4 f ECONOMIC DEVELOPMENT -JOBS CREATION/BUSINESSES ASSISTED Of the businesses assisted, how many jobs are you expected to create or retain? TOTAL FT" JOBS JOB COUNT TOTAL WKLY HRS FT-L/M PT PT-L/M Ex ect to Create Ex ect to Retain Of the businesses assisted, how many jobs were actually created or retained? TOTAL FT JOBS JOB COUNT TOTAL WKLY HRS ~_UJvI pT PT- M Actuall Created Actuall Retained Of the jobs created, how many had employer sponsored health care benefits? How many individuals were unemployed prior to taking jobs created by the businesses assisted? What types of jobs were created? Officials and Managers Craft Workers (Skilled) Professional Operatives (Semi-Skilled) Technicians Laborers (Unskilled) Sales Service Workers Office and Clerical Of the Businesses assisted, how many were new? Of the Businesses assisted, how many were existing? Of the existing businesses assisted, how many are expanding ,how many are relocating ? How many businesses were assisted with commercial facade treatment business building rehab? How many of the businesses assisted provided goods or services to meet the needs of a service area, neighborhood, or community? Please provide a Duns Number for each of the businesses assisted: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. A DUNS number is now a requirement for any business that receives Federal assistance. However, if the assistance is for general training/TA for an entrepreneur who wants to start a business but where no business exists then the grantee is not required to fill in the DUNS number. To obtain a DUNS number call 1-866-705-5711. The process is free and takes about 10 minutes. Page4of4 ` r ESG SUBRECIPIENT AGREEMENT (Public Services Program) between THE CITY OF SAN BERNARDINO and CENTRAL CITY LUTHERAN MISSION ~ ~ AGREEMENT FOR USE OF EMERGENCY SHELTER GRANT FUNDS THIS AGREEMENT, entered in this 1st day of July, 2008 by and between the CITY OF SAN BERNARDINO, (hereinafter referred to as the ``CITY") and Central City Lutheran Mission, a California non-profit corporation, (hereinafter referred to as the "SUBRECIPIENT"); WITNESSETH WHEREAS, pursuant to Subtitle "B" of the Stewart B. McKinney Homeless Assistance Act of 1987 (Public Law 100-77), (hereinafter referred to as the "Act"), the CITY has been awarded Emergency Shelter Grant Program ("ESGP") funds which are to be used to improve the quality of existing emergency shelters for the homeless, to help make available additional emergency shelters, and to help meet the costs of operating emergency shelters and of providing certain essential social services to homeless individuals, and; WHEREAS, the CITY desires to contract with non-profit corporations for the use of ESGP funds to provide various services for homeless individuals, and; WHEREAS, the SUBRECIPIENT as anon-profit corporation, is eligible under the Act to receive ESGP funds to provide those services as described herein. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Term. The term of this Agreement shall be for a period commencing on July 1, 2008, and terminating on June 30, 2009, or as otherwise provided for in Section 5 herein. 2. Scope of Services. The SUBRECIPIENT promises and agrees to provide certain emergency shelter grant program services for homeless persons by utilizing the sum of Ten Thousand and 00/100 Dollars ($10,000) in ESGP funds to provide various services to homeless families and individuals complying with the requirements of this Agreement for eligible families and individuals as set forth below in this Section 2, and the SUBRECIPIENT shall complete the insertion of the requisite information in the form titled "Monthly Accomplishment Report" the form of which shall be completed monthly and submitted to the Agency and such form is attached hereto as Exhibit "A", and by this reference, incorporated herein. The SUBRECIPIENT shall also provide homeless individuals with assistance in obtaining (i) appropriate supportive services, including permanent housing, physical and mental health treatment, counseling, supervision, and other services essential for achieving independent living, and; (ii) other federal, state, local and private assistance provided hereunder shall be in full conformity with the Act, and any amendments thereto, and the federal regulations and guidelines now, or hereinafter enacted pursuant to the Act. 1 3. Matching Funds. The SUBRECIPIENT must supplement its emergency shelter grant amounts with an equal amount of funds from sources other than those provided herein and from non- federal sources. These funds must be provided after the date of the grant award to the SUBRECIPIENT. The SUBRECIPIENT may comply with this requirement by providing the supplemental funds itself, or voluntary efforts or gifts in kind provided to the SUBRECIPIENT, as appropriate. 4. Calculating the Matching Amount. In calculating the amount of supplemental funds, there may be included the value of any donated material or building(s), the value of the lease(s) on the building(s); any salary paid to staff of the SUBRECIPIENT, or to any State or non-profit recipient, as appropriate, in carrying out the Emergency Shelter Grant Program; and the time and services contributed by volunteers to carry out the ESGP, determined at the rate of $5.00 per hour. For purposes of this Section 4, the SUBRECIPIENT upon concurrence of the Executive Director (the "Administrator") of the Redevelopment Agency of the City of San Bernardino ("Agency"), the Administrator of the ESG Program, will determine the value of any donated material or building(s) or any lease(s), or furnishings and equipment using any method reasonably calculated to establish a fair market value. 5. Termination. (a) Either party may terminate this Agreement upon thirty (30} days prior written notice to the other party. (b} Notwithstanding the provisions of Section 5(a), the CITY may suspend or terminate this Agreement forthwith for cause, upon written notice to the SUBRECIPIENT of the action being taken. Cause shall be established, (i) in the event the SUBRECIPIENT fails to perform the covenants herein contained; (ii) in the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable, or; (iii) in the event the funding from the United States Department of Housing and Urban Development (HUD}, referred to in the recitals herein, is reduced, terminated or otherwise becomes unavailable. The CITY shall provide written notice to the SUBRECIPIENT within ten (10) working days from the date HUD reduces, suspends or terminates the ESGP funding. This Agreement may, at the discretion of the Administrator of the CITY, be either terminated or amended to reflect said reduction of funds. (c) Upon termination of this Agreement, the SUBRECIPIENT agrees to return any unencumbered funds which it has been provided by the CITY. In accepting said funds, the CITY does not waive any claim or cause of action it may have against the SUBRECIPIENT for breach of this Agreement. 2 (d) Upon termination of this Agreement, the SUBRECIPIENT shall not incur any obligations after the effective date of such termination. (e) Any provisions for inspection and audits relative to the expenditure of funds provided for hereunder shall not be ended upon the date of any termination but shall continue thereafter as specified herein. (f) SUBRECIPIENT will be required to cooperate and work in collaboration with city departments, to include but not limited to: Police Department, Fire Department and Code Compliance and the Agency in an effort to promote the well-being of citizens and aid in reduction of crime, blight and unsafe living conditions. From time to time, SUBRECIPIENT may be required to attend meetings to be held at the Agency. Failure to cooperate may result in the termination of this Agreement in accordance with Section 5. Termination. of this Agreement. 6. Payment of Funds. The Mayor and Common Council of the CITY shall determine the final disposition and distribution of all funds received by the CITY under the Act. On behalf of the CITY, the Agency shall make payments of ESGP funds to the SUBRECIPIENT based upon the information submitted in the form titled "Monthly Accomplishment Report" as attached hereto as Exhibit "A" and the Agency shall monitor the expenditure of funds and activities of the SUBRECIPIENT to ensure compliance with applicable federal regulations and the terms of this Agreement. The SUBRECIPIENT shall establish and maintain a separate account for all ESGP funds received under this Agreement and deposit all such funds in said account. All disbursements of ESGP funds by the Agency will be made in the following manner: (a) Payments shall be made on a reimbursement basis and made within thirty (30) days after the SUBRECIPIENT has submitted written notice identifying payments made and requesting reimbursement. Payments shall be based on documented expenses by the SUBRECIPIENT, in the form of Exhibit "B", titled "Budget Breakdown", approved by the Administrator, or his/her designee, upon each submittal, which form when completed shall include all the information required therein as a condition precedent for the commitment of the Agency to remit the reimbursements to the SUBRECIPIENT of the ESGP funds. The Agency shall reimburse on a monthly basis, 1/12 of the SUBRECIPIENT's ESGP funds. (b) In no event shall the CITY or the Agency, or any of its officers, agents or employees, be held liable for expenses incurred by the SUBRECIPIENT in excess of the ESGP allocation noted in Section 2, entitled "Scope of Services." 3 (c) Payments may be withheld if, on a determination by the Administrator, the SUBRECIPIENT has not complied with the covenants herein contained at such times, and in such manner as provided in this Agreement. (d) No later than thirty (30) days prior to the date set forth herein for termination of this Agreement, the SUBRECIPIENT shall provide the CITY or Agency with its estimate of the amount of funds which will remain unexpended upon such termination. Notwithstanding any provisions contained in this Section 6, the Agency, through its Administrator, shall thereafter, upon reasonable notice provide to the SUBRECIPIENT, have the right to (i) reduce the payment of funds hereunder, (ii} renegotiate the actual levels of expenditures in the event the SUBRECIPIENT's rate of expenditures will result in unexpended funds at the expiration of this Agreement, and/or; (iii) re-program funds associated with this Agreement in which the Administrator finds there has been no substantial progress or activity. 7. Documentation, Reports, Inspections and Performance Evaluations. (a) Documentation of Expenditures. All expenditures supported by properly executed payrolls, time records, invoices, contracts, vouchers, receipts, orders and any other accounting documentation pertaining, in whole or in part, to this Agreement, shall be clearly identified and readily accessible. The SUBRECIPIENT shall maintain and keep available all such documents for a period of not less than three (3) years from the termination of this Agreement, if a CITY, Agency, state and/or federal audit has occurred within six (6} months prior to date of termination, and for a period of not less than five (5) years from said date if such audit has not occurred. In the event of audit exception, such documentation shall be maintained until every exception has been cleared to the satisfaction of the auditing authority. (b) Reports. The SUBRECIPIENT, at such times and on such forms as the Agency may require, shall furnish the Agency such statements, records, reports, data and information as the Agency may request pertaining to its performance of services hereunder and other matters covered by this Agreement. The SUBRECIPIENT shall establish and maintain records in accordance with the Office of Management and Budget (OMB) Circulars Numbered A-110 and A-112, respectively, as applicable to the acceptance and use of emergency shelter grants. (c) Inspections. The SUBRECIPIENT shall make available to the CITY and/or Agency, state and/or federal officials its records and data with respect to all matters covered by this Agreement for inspection and audit, which inspection and audit may be made at any time after reasonable notice. The SUBRECIPIENT shall comply with the audit requirements of OMB Circular Number A-110, as applicable, and as they relate to the acceptance and use of federal funds under this Agreement. 4 (d) Performance Evaluations. The SUBRECIPIENT shall permit CITY and/or Agency, state and/or federal officials to monitor, assess or evaluate the SUBRECIPIENT's performance under this Agreement on at least a monthly basis, said monitoring, assessment or evaluation to include, but not be limited to, audits, inventory, inspections within the program area, and interviews with the SUBRECIPIENT's employees, agents, independent contractors and subcontractors, providing the services under this Agreement and recipients thereof. (e) This Agreement contemplates that the SUBRECIPIENT will pay salaries, utilities and furnishings with the monies that will be remitted to the SUBRECIPIENT as reimbursement amounts pursuant to Section 6(a) and in accordance with Exhibit "B", "Budget Breakdown", as shall be submitted by the SUBRECIPIENT to the Agency for each reimbursement request and Section 2 Scope of Services, of this Agreement. 8. Building or Facility. (a) Any building for which emergency shelter grant amounts are used for renovation, conversion, or major rehabilitation, must meet local safety and sanitation standards. (b) When ESGP funds are utilized to provide emergency shelter for the homeless in hotels or motels or other commercial facilities providing transient housing, (i) the SUBRECIPIENT, at the request of the CITY and/or Agency, shall execute an Agreement with the provider of such housing which provides that comparable living space, in terms of quality, available in the facility for use as emergency shelters for at least the same period of time as provided in Section 9 herein, and; (ii) leases negotiated between the SUBRECIPIENT and the provider of such housing shall make available such living space at substantially less than the daily room rate otherwise charged by the facility and; (iii) the SUBRECIPIENT shall certify, in writing, to CITY and/or Agency that it has considered using other facilities as emergency shelter for the homeless in the City. (c) The SUBRECIPIENT shall ensure that any building or facility is utilized exclusively for secular purposes and is made available to all persons regardless of religion. If ESGP funds are used to renovate, rehabilitate, or convert buildings owned by primarily religious organization or entities, the SUBRECIPIENT shall comply with the provisions of Title 24, Code of Federal Regulations, Part 575.21(b)(2). (d) The SUBRECIPIENT shall comply with the Uniform Federal Accessibility Standards (24 CFR, Part 40, Appendix "A"), when activities funded by the ESGP involve major rehabilitation or conversion. 5 9. Maintenance as a Homeless Facility. (a) The SUBRECIPIENT shall maintain any building for which ESGP funds are used for not less than a three (3} year period, or for not less than a ten (10) year period if the grant amounts are used for major rehabilitation or conversion of the building. (b) The three (3} or ten (10} year periods begin to run, (i) on the date of initial occupancy as an emergency shelter for the homeless when the building utilized was not operated as an emergency shelter for the homeless before receiving ESGP funds, or; (ii) on the date that ESGP funds are first obligated to the shelter when the building was operated as an emergency shelter before receiving ESGP funds, or; (ii) on the date that ESGP funds are first obligated to shelter when the building was operated as an emergency shelter before receiving ESGP funds. (c) When ESGP funds are used exclusively to provide essential services including, but not limited to, services concerned with employment, physical or mental health, substance abuse, education, food, equipment or furnishings, the time periods noted in (a) above are not applicable. 10. Independent Capacity. The SUBRECIPIENT, and its officers, employees and agents, shall act in an independent capacity during the term of this Agreement and shall not act as, shall not be, nor shall they in any manner be construed to be officers, employees, or agents of the CITY and/or the Agency or the State of California. 11. Assignability. The SUBRECIPIENT cannot assign any of its rights, duties or obligations pursuant to this Agreement to any person or entity without the prior written consent of the CITY or the Agency. This includes the ability to subcontract all, or a portion of, its rights, duties and obligations hereunder. 12. Insurance. The SUBRECIPIENT shall during the term of this Agreement: (a) Procure and maintain Workers' Compensation Insurance as prescribed by the laws of the State of California. (b) Procure and maintain comprehensive general and automobile liability insurance as shall protect the SUBRECIPIENT from claims for damages for personal injury, including accidental and wrongful death, as well as from claims for property damage, which may arise from activities or programs under this Agreement, 6 whether such activities or programs by the SUBRECIPIENT, by any subcontractor or by any officer, employee or agent of either of them. Such insurance shall name the CITY and the Agency, their officers, officials, attorneys, agents, employees, volunteers and independent contractors as additional insureds with respect to this Agreement and the obligations of the SUBRECIPIENT hereunder. Such insurance shall provide for combined coverage limits of not less than $1,000,000 per occurrence. (c) Furnish the CITY and the Agency with policies of insurance, prior to request for first reimbursement for ESGP funds showing that such insurance is in full force and effect, and that the CITY and the Agency are named as additional insureds with respect to this Agreement and the obligations of the SUBRECIPIENT hereunder. Further, said policies shall contain the covenant of the insurance carrier that thirty (30) days written notice will be given to the CITY and the Agency prior to modification, cancellation, or reduction in coverage of such insurance. 13. Hold Harmless. The SUBRECIPIENT shall indemnify and hold the CITY and the Agency, their officers, officials, attorneys, agents, employees, volunteers and independent contractors free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of the SUBRECIPIENT, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. The specific insurance coverage required in Section 12 shall in no way limit or circumscribe the SUBRECIPIENT'S obligation to indemnify and hold the CITY and the Agency harmless as set forth in this Section 13. 14. Federal Requirement. (a) The SUBRECIPIENT shall comply with the provisions of the Act, and any amendments thereto, and the federal regulations and guidelines now or hereinafter enacted pursuant to the Act. More particularly, the SUBRECIPIENT is to comply with those regulations found in Part 575 of Title 24 of the Code of Federal Regulations and OMB Circulars Numbered A-110 and A-112, respectively, and appropriate attachments for non-profit organization contractors. (b) The SUBRECIPIENT represents that it is, or may be, a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by, or in connection with, a religious or denominational institution or organization. (c) The SUBRECIPIENT agrees that, in connection with the services to be provided hereunder, (i) it will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give 7 preference in employment to persons on the basis of religion; (ii) it will not discriminate against any person applying for such services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii) it will provide no religious instruction or counseling, conduct no religious workshop or services, engage in no religious proselytizing and exert no other religious influence in the provision of such services; (iv) the portion of a facility used to provide services assisted, in whole or in part, under this Agreement shall contain no sectarian or religious symbols or decorations, and; (v) the funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the SUBRECIPIENT in which the services are to be provided; provided that, minor repairs may be made if such repairs are directly related to the services; are located in a structure used exclusively for non-religious purposes, and; constitute in dollar terms only a minor portion of the ESGP expenditure for the public services. (d) The SUBRECIPIENT shall comply with the Housing and Community Development Act (HCD Act) of 1992 (Public Law 102-550, approved October 28, 1992), which requires the involvement of, to the extent practicable, homeless individuals and families and operating facilities assisted under the ESGP in providing services for occupants of these facilities (42 U.S.C. 11375(c)(7), as added by Section 1402 (b)). (e) The SUBRECIPIENT shall comply with HCD Act, Section 1402 (d), which requires that termination of assistance to any individual or family be in accordance with a formal process, which may include a hearing, established by the SUBRECIPIENT. 15. Compliance with Law. The SUBRECIPIENT shall comply with all federal, state and local laws and regulations pertinent to its operation and services to be performed hereunder, and shall keep in effect any and all licenses, permits, notices and certificates as are required thereby. The SUBRECIPIENT shall further comply with all laws applicable to wages and hours of employment, occupational safety and to fire safety, health and sanitation. 16. Comprehensive Homeless Assistance Plan. The SUBRECIPIENT shall cooperate with the CITY and the Agency in undertaking emergency shelter grant activities and shall assist the CITY and the Agency in carrying out the Comprehensive Homeless Assistance Plan and any other applicable strategies implemented by the CITY and the Agency and shall act in conformity therewith. 17. Non-Discrimination and Equal Opportunity Compliance. The SUBRECIPIENT hereby certifies compliance with the following: 8 (a) Executive Order Number 11246, as amended, and the regulations issued thereunder at Title 41, Code of Federal Regulations, Chapter 60; (b) Title VI and Title VII of the Civil Rights Act of 1964 (423 U.S.C. Section 2000(d) et. seq.), as amended by the Equal Opportunity Act of March 24, 1972, (Public Law Number 92-261); (c) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601-3619) and implementing regulations issued pursuant thereto (24 CFR, Part 1); (d) Executive Order Number 11063 and implementing regulations issued pursuant thereto (25 CFR, Part 107); (e) Age Discrimination Act of 1975 (42 U.S.C., Sections 6101-6107); (f) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794}, and; (g) Executive Orders Numbered 11625, 12432 and 12138 consistent with HUD's responsibilities under these Orders, the SUBRECIPIENT must make efforts to encourage the use of minority and women owned business enterprises in connection with ESGP activities; (h) The SUBRECIPIENT shall establish and maintain a procedure through which homeless individuals will be informed of the facilities and services available to all on a nondiscriminatory basis. (i) SUBRECIPIENT agrees to abide by, and include in any subcontracts to perform work under this Agreement, the following clause: "During the performance of this Agreement, the SUBRECIPIENT and its subcontractors shall not unlawfully discriminate against any employee or application for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40), or sex. The SUBRECIPIENT and subcontractors shall ensure that the evaluation and treatment of their employees and applications for employment are free of such discrimination. The SUBRECIPIENT and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et. seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990, set forth in Chapter five (5) of Division four (4) of Title two (2) of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if fully set forth at length. 9 The SUBRECIPIENT and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other agreement." (j) The equal opportunity clause continued in Section 202 of Executive Order Number 11246, as amended, is hereby incorporated into this Agreement by this reference. (k) During the performance of this Agreement, the SUBRECIPIENT and its subcontractors, if any, shall not deny the benefits rendered hereunder to any person on the basis of religion, color, ethnic group identification, sex, age or physical or mental disability. (1) The SUBRECIPIENT shall furnish all information and reports as required by Executive Order Number 11246, as amended. (m) The SUBRECIPIENT shall include the non-discrimination and compliance provisions of the equal opportunity clause in all subcontracts, if any. 18. Affirmative Action Compliance. Each SUBRECIPIENT or subcontractor with less than fifty (50) employees shall comply with Section 202, Part II, of Executive Order Number 11246, as amended. The SUBRECIPIENT shall ensure that subcontractors, if any, falling within the scope of this provision shall comply in full with the requirements thereof 19. Conflict of Interest. No person who is (i} an employee, agent, consultant, officer, or elected or appointed official of the CITY, the Agency, state or the SUBRECIPIENT that receives ESGP funds and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or; (ii) in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or those with whom he or she has family or business ties, during his or her tenure or for one (1) year thereafter. 20. Eligibility of Contractors and Subcontractors. No ESGP funds allocated to the SUBRECIPIENT through this Agreement may be used, directly or indirectly, to employ, award contracts to, or otherwise engage the services of, or purchase the goods of, or fund any contractor or subcontractor during any period of debarment, suspension, or placement in ineligibility status under the provision of 24 CFR, Part 4. 10 21. Lead Based Paint. The SUBRECIPIENT and all subcontractors, if any, shall comply with the requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C., Section 4821-4846) and implementing regulations issued pursuant thereto (24 CFR, Part 35). 22. Flood Insurance. No site proposed on which renovation, major rehabilitation, or conversion of a building, is to be assisted under this part, other than by grant amounts allocated to the state, maybe located in an area that has been identified by the Federal Emergency Management Agency as having special flood hazards, unless the community in which the areas is situated is participating in the National Flood Insurance Program and the regulations issued thereunder (44 CFR, Parts 59-79) or less than a year has passed since the Federal Emergency Management Agency notification regarding such hazards, and the SUBRECIPIENT will ensure that flood insurance on the structure is obtained in compliance with Section 102(a) of the Flood Disaster Protection Act of 1973, (42 U.S.C., Section 4001 et. seq.). 23. Notice. Any notices required or desired to be served by either party upon the other shall be addressed to respective parties as set forth below (or to such other addresses as from time to time maybe designated, in writing, by the respective parties): AS TO AGENCY: AS TO SUBRECIPIENT: Emil Marzullo, Interim Executive Director Reverend David Kalke Economic Development Agency Central City Lutheran Mission 201 North "E" Street, Suite 301 1354 North "G" Street San Bernardino CA 92401-1507 San Bernardino, CA 92405 24. Binding Successors. The SUBRECIPIENT, its heirs, assigns and successors in interest shall be bound by all the provisions contained in this Agreement, and all of the parties thereto shall be jointly and severally liable hereunder. 25. Assurances. The SUBRECIPIENT certifies that it has the legal authority to enter into and meet the requirements of this Agreement. 11 26. Le~ai Proceedings. Should any legal proceedings be commenced to enforce, enjoin, or collect funds or otherwise affect this Agreement between the parties it should be filed in San Bernardino County Superior Court. The prevailing party shall be entitled to recover its reasonable legal fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City and Agency shall be considered as "legal fees" for the purposes of this section. 27. Entire Agreement. This Agreement is intended by the parties hereto as the final and exclusive expression of these provisions contained in this Agreement and it supersedes and replaces any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be modified or changed only upon the written consent of the parties hereto. 28. No Third Party Beneficiaries. No third party shall be deemed to have any rights hereunder against any of the parties hereto as a result of this Agreement. ///I //// //// //// //// //// //// 12 IN WITNESS WHEREOF, the parties hereto have hereunto their hands and seals this day and year first above written. CITY OF SAN BERNARDINO Central City Lutheran Mission a Californian n- rofit co ration Fred W ~ ity Manager Executive Director ATTEST City of San Bernardino City Clerk Approved as to form: ~ _, James F. Penrn ,City Attorney 13 ~'~ `E~~mple Form Exhibit "A" ~ ~o Not Comp~e~e • EMERGENCY SHELTER GRANT San Bernar Ino MONTHLY ACCOMPLISHMENT ~, FOR THE MONTH OF: FY 2008/2009 Subrecipient Name: Total Number of Individuals Served this Month: Proiect/Service Locations 1' # of Beds: 2' # of Beds: 3' # of Beds: Of the beds indicated above, please indicate the number of: Emergency Shelter Beds Transitional Beds Permanent Housing Beds Of the Individuals Served this Month, Indicate the Number of Shelter Nights/Hours Served: Beneficiaries -Indicate the Number of: Unaccompanied Men: Unaccompanied Female Youth (Under 18): Unaccompanied Women: Unaccompanied Male Youth (Under 18): Single Parent Family: Adult Couple without Children: Two Parent Family: Don't Know: Amount of ESG Reimbursement Rehabilitation: $ 0 Maintenance and Operations: $ Essential Services: $ Administration: $ p Homeless Prevention: $ Indicate the Proaram[s) and Service(s) Provided by Your Or4'anizat~on: ? Emergency Shelter Facility ? Transitional Shelter ? Vouchers for Shelters ? Outreach ? Drop-In Center ? Soup Kitchen/Meal Distribu ? Food Pantry ton ? Mental Health ? Health Care Q HIV/AIDS Services ? Alcohol/Drug Program ? Employment ? Chiid Care ? Homeless Prevention ? Other: Residential Eme en or Transitional Shelters Number of Adults Served: Number of Children Served: 1 of 4 ~ ~ Non-Residential Services Number of Adults and Children Served: Emergency or Transitional Shelters Unaccompanied 18 and Over: Male: Female: Total: Unaccompanied Under 18: Male: Female: Total: Number of Family Households with Children Headed by: Single 18 and Over: Male: Female: Total: Single under 18: Male: Female: Total: Two Parents 18 and Over: Total: Two Parents under 18: Total: Number of Family Households with no Children: Total: Emergency or Transitional Shelters List the number of persons for each subpopulation you serve. If you serve subpopulations that fit more than one category, you may place overlapping numbers (duplicate persons) on the appropriate lines. Chronically Homeless (Emergency Shelter Only): Severely Mentally III: Chronic Substance Abuse: Other Disability: Veterans: Persons with HIV/AIDS: Victims of Domestic Violence: Elderly: Shelter Type and Number of Persons Housed in: Barracks: Single Room Occupancy: _ Group/Large House: Mobile Home/Trailer: Scattered Site Apartment: Hotel/Motel: Single Family Detached House: Other: 2 of 4 ~ ~ Number of Persons Served (Including Residential and Non-Residential Services) Subrecipients providing Emergency or Transitional Shelter are required to report the total number of adults and children served. This should be an actual unduplicated count, not an estimate or point-in-time count. This means that regardless of how many nights a persons stays in a shelter, they are counted once. For example, Jane Doe stays in Mary's Shelter for 60 nights; she is counted as one person served -not 60. Ethnic Background White: Black/African American: Asian: American Indian/Alaskan Native: Native Hawaiian/Pacific Islander: American Indian/Alaska Native & White: Asian & White: Black or African American & White: Hispanic: Other Multi-Racial: Total: Match Contribution/Cash Value Sources of Local Match (Other Federal, including pass-through funds, e.g., City CDBG, County FEMA, etc.) Type: Match Amount: Type: Match Amount: Type: Match Amount: State/Local Government Funding (e.g., State Housing Trust Funds, Local Assessment, etc.) Type: Match Amount: Type: Match Amount: Type: Match Amount: Private (including recipient) Funding: Fund Raising/Cash: $ New Staff Salaries: $ Loans: $ Donated Computers: $ Building Value or Lease: $ Donated Goods: $ Volunteers @ $10.00 per Hour: $ Volunteers Medical/Legal: $ 3 of 4 ! S s Please .provide a narrative of your organizations accomplishments during this reporting period: 4 of 4 ::~.,<:< Exhibit "B" Economic Development Agency ESG Monthly Budget Breakdown Month: Program Year: 2008-2009 Subrecipient Name: Approved Grant Amount: $ Budgeted REQUEST Balance Amount by Funding Source Amount Available Current Month Year to Date Payee title (Do Not Use Names) 's:~~" ~'$. ~~",~~ ,;.ter . SEA:;; )~F_ .,~F ~,~..a. ~g:~~. 5. ,y~ h...K: i:.L;: y.:.'Y-"ter.. T('i+":~~~:~~..~'"~:wj vh . ~ ..,' :.i::..: p h':'ra>;.- ;iaa.; ,.rv.,;a~-'. ...f` ..3.5 . Y. <,~i.^o.'.x .s~y~. : . ..., i~.~ ,y "~" ~%.ir~... .dk ;<•'~ , ~rv~'" . .-o~...;,a':"..~ ,:'',^~"y„'.%ii y:>1: w`o.<:~":»?a 5, ..'sue '.~{.3~'#((}...~~.jj ~ zz.~;~:; ~~~,~y, ~j[}.~]zs:~?a` ,. : . SALARY SUB-TOTALS: a~ " _~, ~,~ ~ ,.x ~...s.~~. „fie .'. "='=°. °,` a's ~a"' ~"-; xN`. 7. Life/Health/Dental Insurance ~ `2 ` ~ "~" ~~;,° ~:-' ,y, 8. Other (explain & document ~' $~ "~ z= ,..fir. F' » ...".xra.»'~.. ~,~w~',' E` "F^ , '".y~ '~;~';ic 7 '` 'a -%R~.!.z.ar^.n , 9 ~"P ':'~ ` ,~r~ :<:Np~n BENEFIT SUB-TOTALS: y <,~ re~z~~=.~ ~FR.~~~~..~ -r~.a~~:. z~, ~~.~_.~,.. ~+'.~""".. ~,5 Y.. -.2' r' r ^" ..;i :r r:~;ail:~xrz%3~:,~F.~v,,.-:5`2v.N~'~ii>".e5's' ,~rR.. ...~"~. ~.'~7~5.' . N ~ ..,... '.. .t ~ ,M.>. 11. Accounting/Bookkeeping " x,~aiz 12. Rent 13. Utilities 14. Insurance 15. Office Supplies ,,,Q 16. Travel ,~~ 17. Consumable Supplies '~> ...ca"k~- ~' 18. Other ~ " : o,....:. OTHER SUB-TOTALS ~ ~"~ y ~, ~ ,... MONTHLY GRAND TOTALS ~ ~ ~ ~ = Y . s 4: N::. ,r r..... ~, ~ .....,.~ . ,ti;~ . ." Please attach supporting invoices and documentation. 1 r ESG SUBRECIPIENT AGREEMENT (Public Services Program) between THE CITY OF SAN BERNARDINO and FRAZEE HOMELESS CENTER T AGREEMENT FOR USE OF EMERGENCY SHELTER GRANT FUNDS THIS AGREEMENT, entered in this 1st day of July, 2008 by and between the CITY OF SAN BERNARDINO, (hereinafter referred to as the "CITY") and Frazee Homeless Center, a California non-profit corporation, (hereinafter referred to as the "SUBRECIPIENT"); WITNESSETH WHEREAS, pursuant to Subtitle "B" of the Stewart B. McKinney Homeless Assistance Act of 1987 (Public Law 100-77), (hereinafter referred to as the "Act"), the CITY has been awarded Emergency Shelter Grant Program ("ESGP") funds which are to be used to improve the quality of existing emergency shelters for the homeless, to help make available additional emergency shelters, and to help meet the costs of operating emergency shelters and of providing certain essential social services to homeless individuals, and; WHEREAS, the CITY desires to contract with non-profit corporations for the use of ESGP funds to provide various services for homeless individuals, and; WHEREAS, the SUBRECIPIENT as anon-profit corporation, is eligible under the Act to receive ESGP funds to provide those services as described herein. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Term. The term of this Agreement shall be for a period commencing on July 1, 2008, and terminating on June 30, 2009, or as otherwise provided for in Section 5 herein. 2. Scope of Services. The SUBRECIPIENT promises and agrees to provide certain emergency shelter grant program services for homeless persons by utilizing the sum of Ten Thousand and 00/100 Dollars ($10,000) in ESGP funds to provide various services to homeless families and individuals complying with the requirements of this Agreement for eligible families and individuals as set forth below in this Section 2, and the SUBRECIPIENT shall complete the insertion of the requisite information in the form titled "Monthly Accomplishment Report" the form of which shall be completed monthly and submitted to the Agency and such form is attached hereto as Exhibit "A", and by this reference, incorporated herein. The SUBRECIPIENT shall also provide homeless individuals with assistance in obtaining (i) appropriate supportive services, including permanent housing, physical and mental health treatment, counseling, supervision, and other services essential for achieving independent living, and; (ii) other federal, state, local and private assistance provided hereunder shall be in full conformity with the Act, and any amendments thereto, and the federal regulations and guidelines now, or hereinafter enacted pursuant to the Act. 1 3. Matching Funds. The SUBRECIPIENT must supplement its emergency shelter grant amounts with an equal amount of funds fi om sources other than those provided herein and from non- federal sources. These funds must be provided after the date of the grant award to the SUBRECIPIENT. The SUBRECIPIENT may comply with this requirement by providing the supplemental funds itself, or voluntary efforts or gifts in kind provided to the SUBRECIPIENT, as appropriate. 4. Calculating the Matching Amount. In calculating the amount of supplemental funds, there may be included the value of any donated material or building(s), the value of the lease(s) on the building(s); any salary paid to staff of the SUBRECIPIENT, or to any State or non-profit recipient, as appropriate, in carrying out the Emergency Shelter Grant Program; and the time and services contributed by volunteers to carry out the ESGP, determined at the rate of $5.00 per hour. For purposes of this Section 4, the SUBRECIPIENT upon concurrence of the Executive Director (the "Administrator") of the Redevelopment Agency of the City of San Bernardino ("Agency"), the Administrator of the ESG Program, will determine the value of any donated material or building(s) or any lease(s), or furnishings and equipment using any method reasonably calculated to establish a fair market value. 5. Termination. (a) Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. (b) Notwithstanding the provisions of ,Section 5(a), the CITY may suspend or " terminate this Agreement forthwith for cause, upon written notice to the SUBRECIPIENT of the action being taken. Cause shall be established, (i) in the event the SUBRECIPIENT fails to perform the covenants herein contained; (ii) in the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable, or; (iii) in the event the funding from the United States Department of Housing and Urban Development (HUD), referred to in the recitals herein, is reduced, terminated or otherwise becomes unavailable. The CITY shall provide written notice to the SUBRECIPIENT within ten (10) working days from the date HUD reduces, suspends or terminates the ESGP funding. This Agreement may, at the discretion of the Administrator of the CITY, be either terminated or amended to reflect said reduction of funds. (c) Upon termination of this Agreement, the SUBRECIPIENT agrees to return any unencumbered funds which it has been provided by the CITY. In accepting said funds, the CITY does not waive any claim or cause of action it may have against the SUBRECIPIENT for breach of this Agreement. 2 (d) Upon termination of this Agreement, the SUBRECIPIENT shall not incur any obligations after the effective date of such termination. (e) Any provisions for inspection and audits relative to the expenditure of funds provided for hereunder shall not be ended upon the date of any termination but shall continue thereafter as specified herein. (fl SUBRECIPIENT will be required to cooperate and work in collaboration with City departments, to include but not limited to: Police Department, Fire Department and Code Compliance and the Agency in an effort to promote the well-being of citizens and aid in reduction of crime, blight and unsafe living conditions. From time to time, SUBRECIPIENT may be required to attend meetings to be held at the Agency. Failure to cooperate may result in the termination of this Agreement in accordance with Section 5. Termination. of this Agreement. 6. Payment of Funds. The Mayor and Common Council of the CITY shall determine the final disposition and distribution of ail funds received by the CITY under the Act. On behalf of the CITY, the Agency shall make payments of ESGP funds to the SUBRECIPIENT based upon the information submitted in the form titled "Monthly Accomplishment Report" as attached hereto as Exhibit "A" and the Agency shall monitor the expenditure of funds and activities of the SUBRECIPIENT to ensure compliance with applicable federal regulations and the terms of this Agreement. The SUBRECIPIENT shall establish and maintain a separate account for all ESGP funds received under this Agreement and deposit all such funds in said account. All disbursements of ESGP funds by the Agency will be made in the following manner: (a) Payments shall be made on a reimbursement basis and made within thirty (30) days after the SUBRECIPIENT has submitted written notice identifying payments made and requesting reimbursement. Payments shall be based on documented expenses by the SUBRECIPIENT, in the form of Exhibit "B", titled "Budget Breakdown", approved by the Administrator, or his/her designee, upon each submittal, which form when completed shall include all the information required therein as a condition precedent for the commitment of the Agency to remit the reimbursements to the SUBRECIPIENT of the ESGP funds. The Agency shall reimburse on a monthly basis, 1/12 of the SUBRECIPIENT's ESGP funds. (b) In no event shall the CITY or the Agency, or any of its officers, agents or employees, be held liable for expenses incurred by the SUBRECIPIENT in excess of the ESGP allocation noted in Section 2, entitled "Scope of Services." 3 (c) Payments may be withheld if, on a determination by the Administrator, the SUBRECIPIENT has not complied with the covenants herein contained at such times, and in such manner as provided in this Agreement. (d) No later than thirty (30) days prior to the date set forth herein for termination of this Agreement, the SUBRECIPIENT shall provide the CITY or Agency with its estimate of the amount of funds which will remain unexpended upon such termination. Notwithstanding any provisions contained in this Section 6, the Agency, through its Administrator, shall thereafter, upon reasonable notice provide to the SUBRECIPIENT, have the right to (i) reduce the payment of funds hereunder, (ii) renegotiate the actual levels of expenditures in the event the SUBRECIPIENT's rate of expenditures will result in unexpended funds at the expiration of this Agreement, and/or; (iii) re-program funds associated with this Agreement in which the Administrator finds there has been no substantial progress or activity. 7. Documentation, Reports, Inspections and Performance Evaluations. (a) Documentation of Expenditures. All expenditures supported by properly executed payrolls, time records, invoices, contracts, vouchers, receipts, orders and any other accounting documentation pertaining, in whole or in part, to this Agreement, shall be clearly identified and readily accessible. The SUBRECIl'IENT shall maintain and keep available all such documents for a period of not less than three (3) years from the termination of this Agreement, if a CITY, Agency, state and/or federal audit has occurred within six (6.) months prior to date of termination, and for a period of not less than five (5) years from said date if such audit has not occurred. In the event of audit exception, such documentation shall be maintained until every exception has been cleared to the satisfaction of the auditing authority. (b) Reports• The SUBRECIPIENT, at such times and on such forms as the Agency may require, shall furnish the Agency such statements, records, reports, data and information as the Agency may request pertaining to its performance of services hereunder and other matters covered by this Agreement. The SUBRECIPIENT shall establish and maintain records in accordance with the Office of Management and Budget (OMB) Circulars Numbered A-110 and A-112, respectively, as applicable to the acceptance and use of emergency shelter grants. (c) Inspections. The SUBRECIPIENT shall make available to the CITY. and/or Agency, state and/or federal officials its records and data with respect to all matters covered by this Agreement for inspection and audit, which inspection and audit may be made at any time after reasonable notice. The SUBRECIPIENT shall comply with .the audit requirements of OMB Circular Number A-110, as applicable, and as they relate to the acceptance and use of federal funds under this Agreement. 4 (d) Performance Evaluations. The SUBRECIPIENT shall permit CITY and/or Agency, state and/or federal officials to monitor, assess or evaluate the SUBRECIPIENT's performance under this Agreement on at least a monthly basis, said monitoring, assessment or evaluation to include, but not be limited to, audits, inventory, inspections within the program area, and interviews with the SUBRECIPIENT's employees, agents, independent contractors and subcontractors, providing the services under this Agreement and recipients thereof. (e) This Agreement contemplates that the SUBRECIPIENT will pay salaries, utilities and furnishings with the monies that will be remitted to the SUBRECIPIENT as reimbursement amounts pursuant to Section 6(a) and in accordance with Exhibit "B", "Budget Breakdown", as shall be submitted by the SUBRECIPIENT to the Agency for each reimbursement request and Section 2 Scope of Services, of this Agreement. 8. Building or Facility. (a) Any building for which emergency shelter grant amounts are used for renovation, conversion, or major rehabilitation, must meet local safety and sanitation standards. (b) When ESGP funds are utilized to provide emergency shelter for the homeless in hotels or motels or other commercial facilities providing transient housing, (i) the SUBRECIPIENT, at the request of the CITY and/or Agency, shall execute an Agreement with the provider of such housing which provides that comparable living space, in terms of quality, available in the facility for use as emergency shelters for at least the same period of time as provided in Section 9 herein, and; (ii) leases negotiated between the SUBRECIPIENT and the provider of such housing shall make available such living space at substantially less than the daily room rate otherwise charged by the facility and; (iii) the SUBRECIPIENT shall certify, in writing, to CITY and/or Agency that it has considered using other facilities as emergency shelter for the homeless in the City. (c) The SUBRECIPIENT shall ensure that any building or facility is utilized exclusively for secular purposes and is made available to all persons regardless of religion. If ESGP funds are used to renovate, rehabilitate, or convert buildings owned by primarily religious organization or entities, the SUBRECIPIENT shall comply with the provisions of Title 24, Code of Federal Regulations, Part 575.21(b)(2). (d) The SUBRECIPIENT shall comply with the Uniform Federal Accessibility Standards (24 CFR, Part 40, Appendix "A"), when activities funded by the ESGP involve major rehabilitation or conversion. 5 9. Maintenance as a Homeless Facility. (a) The SUBRECIPIENT shall maintain any building for which ESGP funds are used for not less than a three (3) year period, or for not less than a ten (10) year period if the grant amounts are used for major rehabilitation or conversion of the building. (b) The three (3) or ten (10) year periods begin to run, (i) on the date of initial occupancy as an emergency shelter for the homeless when the building utilized was not operated as an emergency shelter for the homeless before receiving ESGP funds, or; (ii) on the date that ESGP funds are first obligated to the shelter when the building was operated as an emergency shelter before receiving ESGP funds, or; (ii) on the date that ESGP funds are first obligated to shelter when the building was operated. as an emergency shelter before receiving ESGP funds. (c) When ESGP funds are used exclusively to provide essential services including, but not limited to, services concerned with employment, physical or mental health, substance abuse, education, food, equipment or furnishings, the time periods noted in (a) above are not applicable. 10. Independent Capacity. The SUBRECIPIENT, and its officers, employees and agents, shall act in an independent capacity during the term of this Agreement and shall not act as, shall not be, nor shall they in any manner be construed to be officers, employees, or agents of the CITY and/or the Agency or the State of California. 11. Assignability. The SUBRECIPIENT cannot assign any of its rights, duties or obligations pursuant to this Agreement to any person or entity without the prior written consent of the CITY or the Agency. This includes the ability to subcontract all, or a portion of, its rights, duties and obligations hereunder. 12. Insurance. The SUBRECIPIENT shall during the term of this Agreement: (a) Procure and maintain Workers' Compensation Insurance as prescribed by the laws of the State of California. (b) Procure and maintain comprehensive general and automobile liability insurance as shall protect the SUBRECIPIENT from claims for damages for personal injury, including accidental and wrongful death, as well as from .claims for property damage, which may arise from activities or programs under this Agreement, 6 whether such activities or programs by the SUBRECIPIENT, by any subcontractor or by any officer, employee or agent of either of them. Such insurance shall name the CITY and the Agency, their officers, officials, attorneys, agents, employees, volunteers and independent contractors as additional insureds with respect to this Agreement and the obligations of the SUBRECIPIENT hereunder. Such insurance shall provide for combined coverage limits of not less than $1,000,000 per occurrence. (c) Furnish the CITY and the Agency with policies of insurance, prior to request for first reimbursement for ESGP funds showing that such insurance is in full force and effect, and that the CITY and the Agency are named as additional insureds with respect to this Agreement and the obligations of the SUBRECIPIENT hereunder. Further, said policies shall contain the covenant of the insurance carrier that thirty (30) days written notice will be given to the CITY and the Agency prior to modification, cancellation, or reduction in coverage of such insurance. 13. Hold Harmless. The SUBRECIPIENT shall indemnify and hold the CITY and the Agency, their officers, officials, attorneys, agents, employees, volunteers and independent contractors free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of the SUBRECIPIENT, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. The specific insurance coverage required in Section 12 shall in no way limit or circumscribe the SUBRECIPIENT'S obligation to indemnify and hold the CITY and the Agency harmless as set forth in this Section 13. 14. Federal Requirement. (a) The SUBRECIPIENT shall comply with the provisions of the Act, and any amendments thereto, and the federal regulations and guidelines now or hereinafter enacted pursuant to the Act. More particularly, the SUBRECIPIENT is to comply with those regulations found in Part 575 of Title 24 of the Code of Federal Regulations and OMB Circulars Numbered A-110 and A-112, respectively, and appropriate attachments for non-profit organization contractors. (b) The SUBRECIPIENT represents that it is, or .may be, a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by, or in connection with, a religious or denominational institution or organization. (c) The SUBRECIPIENT agrees that, in connection with the services to be provided hereunder, (i) it will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give 7 preference in employment to persons on the basis of religion; (11) it will not discriminate against any person applying for such services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii) it will provide no religious instruction or counseling, conduct no religious workshop or services, engage in no religious proselytizing and exert no other religious influence in the provision of such services; (iv) the portion of a facility used to provide services assisted, in whole or in part, under this Agreement shall contain no sectarian or religious symbols or decorations, and; (v) the funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the SUBRECIPIENT in which the services are to be provided; provided that, minor repairs may be made if such repairs are directly related to the services; are located in a structure used exclusively for non-religious purposes, and; constitute in dollar terms only a minor portion of the ESGP expenditure for the public services. (d) The SUBRECII'IENT shall comply with the Housing and Community Development Act (HCD Act) of 1992 (Public Law 102-550, approved October 28, 1992), which requires the involvement of, to the extent practicable, homeless individuals and families and operating facilities assisted under the ESGP in providing services for occupants of these facilities (42 U.S.C. 11375(c)(7), as added by Section 1402 (b)). (e) The SUBRECIPIENT shall comply with HCD Act, Section 1402 (d), which requires that termination of assistance to any individual or family be in accordance with a formal process, which may include a hearing, established by the SUBRECIPIENT. 15. Compliance with Law. The SUBRECIPIENT shall comply with all federal, state and local laws and regulations pertinent to its operation and services to be performed hereunder, and shall keep in effect any and all licenses, permits, notices and certificates as are required thereby. The SUBRECIPIENT shall further comply with all laws applicable to wages and hours of employment, occupational safety and to fire safety, health and sanitation. 16. Comprehensive Homeless Assistance Plan. The SUBRECIPIENT shall cooperate with the CITY and the Agency in undertaking emergency shelter grant activities and shall assist the CITY and the Agency in carrying out .the Comprehensive Homeless Assistance Plan and any other applicable strategies implemented by the CITY and the Agency and shall act in conformity therewith. 17. Non-Discrimination and Equal Opportunity Compliance. The SUBRECIPIENT hereby certifies compliance with the following: 8 (a) Executive Order Number 11246, as amended, and the regulations issued thereunder at Title 41, Code of Federal Regulations, Chapter 60; (b) Title VI and Title VII of the Civil Rights Act of 1964 (423 U.S.C. Section 2000(d) et. seq.), as amended by the Equal Opportunity Act of March 24, 1972, (Public Law Number 92-261); (c) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601-3619) and implementing regulations issued pursuant thereto (24 CFR, Part 1); (d) Executive Order Number 11063 and implementing regulations issued pursuant thereto (25 CFR, Part 107); (e) Age Discrimination Act of 1975 (42 U.S.C., Sections 6101-6107); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794), and; (g) Executive Orders Numbered 11625, 22432 and 12138 consistent with HUD's responsibilities under these Orders, the SUBRECIPIENT must make efforts to encourage the use of minority and women owned business enterprises in connection with ESGP activities; (h) The SUBRECIPIENT shall establish and maintain a procedure through which homeless individuals will be informed of the facilities and services available to all on a nondiscriminatory basis. (i) SUBRECIPIENT agrees to abide by, and include in any subcontracts to perform work under this Agreement, the following clause: "During the performance of this Agreement, the SUBRECIPIENT and its subcontractors shall not unlawfully discriminate against any employee or application for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40), or sex. The SUBRECIPIENT and subcontractors shall ensure that the evaluation and treatment of their employees and applications for employment are free of such discrimination. The SUBRECIPIENT and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et. seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990, .set forth in Chapter five (5) of Division four (4) of Title two (2) of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if fully set forth at length. 9 The SUBRECIPIENT and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other agreement." (j) The equal opportunity clause continued in Section 202 of Executive Order Number 11246, as amended, is hereby incorporated into this Agreement by this reference. (k) During the performance of this Agreement, the SUBRECIPIENT and its subcontractors, if any, shall not deny the benefits rendered hereunder to any person on the basis of religion, color, ethnic group identification, sex, age or physical or mental disability. (1) The SUBRECIPIENT shall furnish all information and reports as required by Executive Order Number 11246, as amended. (m) The SUBRECIPIENT shall include the non-discrimination and compliance provisions of the equal opportunity clause in all subcontracts, if any. 18. Affirmative Action Compliance. Each SUBRECIPIENT or subcontractor with less than fifty (50) employees shall comply with Section 202, Part II, of Executive Order Number 11246, as amended. The SUBRECIPIENT shall ensure that subcontractors, if any, falling within the scope of this provision shall comply in full with the requirements thereof 19. Conflict of Interest. No person who is (i) an employee, agent, consultant, officer, or elected or appointed official of the CITY, the Agency, state or the SUBRECIPIENT that receives ESGP funds and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or; (ii) in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or those with whom he or she has family or business ties, during his or her tenure or for one (1) year thereafter. 20. Eligibility of Contractors and Subcontractors.. No ESGP funds allocated to the SUBRECIPIENT through. this Agreement may be used, directly or indirectly, to employ, award contracts to, or otherwise engage the services of, or purchase the goods of, or fund any contractor or subcontractor during any period of debarment, suspension, or placement in ineligibility status under the provision of 24 CFR, Part 4. 10 21. Lead Based Paint. The SUBRECIPIENT and all subcontractors, if any, shall comply with the requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C., Section 4821-4846) and implementing regulations issued pursuant thereto (24 CFR, Part 35). 22. Flood Insurance. No site proposed on which renovation, major rehabilitation, or conversion of a building, is to be assisted under this part, other than by grant amounts allocated to the state, maybe located in an area that has been identified by the Federal Emergency Management Agency as having special flood hazards, unless the community in which the areas is situated is participating in the National Flood Insurance Program and the regulations issued thereunder (44 CFR, Parts 59-79) or less than a year has passed since the Federal Emergency Management Agency notification regarding such hazards, and the SUBRECIPIENT will ensure that flood insurance on the structure is obtained in compliance with Section 102(a) of the Flood Disaster Protection Act of 1973, (42 U.S.C., Section 4001 et. seq.). 23. Notice. Any notices required or desired to be served by either party upon the other shall be addressed to respective parties as set forth below (or to such other addresses as from time to time maybe designated, in writing, by the respective parties): AS TO AGENCY: AS TO SUBRECIPIENT: Emil Marzullo, Interim Executive Director Gretchen Mellon Economic Development Agency Frazee Homeless Center 201 North "E" Street, Suite 301 PO Box 8250 San Bernardino CA 92401-1507 San Bernardino, CA 92412 24. Binding Successors. The SUBRECIPIENT, its heirs, assigns and successors in interest shall be bound. by all the provisions contained in this Agreement, and all of the parties thereto shall be jointly and severally liable hereunder. 25. Assurances. The SUBRECIPIENT certifies that it has the legal authority to enter into and meet the requirements of this Agreement. 11 26. Legal Proceedings. Should any legal proceedings be commenced to enforce, enjoin, or collect funds or otherwise affect this Agreement between the parties it should be filed in San Bernardino County Superior Court. The prevailing party shall be entitled to recover its reasonable legal fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City and Agency shall be considered as "legal fees" for the purposes of this section. 27. Entire Agreement. This Agreement is intended by the parties hereto as the final and exclusive expression of these provisions contained in this Agreement and it supersedes and replaces any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement maybe modified or changed only upon the written consent of the parties hereto. 28. No Third Party Beneficiaries. No third party shall be deemed to have any rights hereunder against any of the parties hereto as a result of this Agreement. //// //// //// //// //// //// //// 12 IN WITNESS WHEREOF, the parties hereto have hereunto their hands and seals this day and year first above written. CITY OF SAN BERNARDINO Frazee Homeless Center a California non-profit corporation Fred i so ,City Manager Executive Director ATTEST City of San Bernardino City Clerk Approved as to form: ~ ~ ~ ~ ~.~~-~ ~G ~ James F. Pe, an, City Attorney 13 example:Form .b= Do` Not Cam lete~~ 'fix"- ..'fi n ~ ~ Exhibit "A" EMERGENCY SHELTER GRANT San Berner Ino MONTHLY ACCOMPLISHMENT FOR THE MONTH OF: FY 2008/2009 Subrecipient Name: Total Number of Individuals Served this Month: Project/Service Locations 1. # of Beds: 2. # of Beds: 3. # of Beds: Of the beds indicated above, please indicate the number of: Emergency Shelter Beds Transitional Beds Permanent Housing Beds Of the Individuals Served this Month, Indicate the Number of Shelter Nights/Hours Served: Beneficiaries -Indicate the Number of: Unaccompanied Men: Unaccompanied Female Youth {Under 18): Unaccompanied Women: Unaccompanied Male Youth (Under 18): Single Parent Family: Adult Couple without Children: Two Parent Family: Don't Know: Amount of ESG Reimbursement Rehabilitation: $ 0 Maintenance and Operations: $ Essential Services: $ Administration: $ 0 Homeless Prevention: $ Indicate the Program(s) and Services) Provided by Your Organization: ? Emergency Shelter Facility ? Transitional Shelter ? Vouchers for Shelters ? Outreach ? Drop-In Center ? Soup Kitchen/Meal Distribution ? Food Pantry ? Health Care ? Mental Health ? HIV/AIDS Services ? Alcohol/Drug Program ? Employment ? Child Care ? Homeless Prevention ? Other: Residential Emergency or Transitional Shelters) Number of Adults Served: Number of Children Served: 1 of 4 t i Non-Residential Services Number of Adults and Children Served: Emergency or Transitional Shelters Unaccompanied 18 and Over; Male: Female: Total: Unaccompanied Under 18: Male: Female: Total: Number of Family Households with Children Headed bv: Single 18 and Over: Male: Female: Total: Single under 18: Male: Female: Total: Two Parents 18 and Over: Total: Two Parents under 18: Total: Number of Family Households with no Children: Total: Emergency or Transitional Shelters List the number of persons for each subpopulation you serve. If you serve subpopulations that fit more than one category, you may place overlapping numbers (duplicate persons) on the appropriate lines. Chronically Homeless (Emergency Shelter Only): Severely Mentally Ill: Chronic Substance Abuse: Other Disability: Veterans: Persons with HIV/AIDS: Victims of Domestic Violence: Elderly: Shelter Type and Number of Persons Housed in: Barracks: Single Room Occupancy: Group/Large House: Mobile Home/Trailer: Scattered Site Apartment: Hotel/Motel: Single Family Detached House: Other: 2 of 4 J Number of Persons Served (Including Residential and Non-Residential Services) Subrecipients providing Emergency or Transitional Shelter are required to report the total number of adults and children served. This should be an actual unduelicated count, not an estimate or point-in-time count. This means that regardless of how many nights a persons stays in a shelter, they are counted once. For example, Jane Doe stays in Mary's Shelter for 60 nights; she is counted as one person served -not 60. Ethnic Back_ rq ound White: Black/African American: Asian: American Indian/Alaskan Native: Native Hawaiian/Pacific Islander: American Indian/Alaska Native & White: Asian & White: Black or African American & White: Hispanic: Other Multi-Racial: Total: Match Contribution/Cash Value Sources of Local Match (Other Federal, including pass-through funds, e.g., City CDBG, County FEMA, etc.) Type: Match Amount: Type: Match Amount: Type: Match Amount: State/Local Government Funding (e.g., State Housing Trust Funds, Local Assessment, etc.) Type: Match Amount: Type: Match Amount: Type: Match Amount: Private (including recipient) Funding: Fund Raising/Cash: $ New Staff Salaries: $ Loans: $ Donated Computers: $ Building Value or Lease: $ Donated Goods: $ Volunteers @ $10.00 per Hour: $ Volunteers Medical/Legal: $ 3 of 4 Please provide a narrative of your organizations accomplishments during this reporting period: 4 of 4 ~y . ~ example Farm Do~~N C~mplete Exhibit "B" Economic Development Agency ESG Monthly Budget Breakdown Month: Program Year: 2008-2009 Subrecipient Name: Approved Grant Amount: $ Budgeted REQUEST Balance Amount by Funding Source Amount Available Current Month Year to Date Payee title (Do Not Use Names) 1. ~,~ ~~0.00 2. ~ `0.00 ~Q 3. 4. F yw 0.00 ~K M .00 5. ~,.Y SALARY SUB-TOTALS: ~ $ 0.00 $ 0 00 ~ ~ ~' ~ ? ~ 0..00 a ~`a0' <,~•~ .ter ,~.. 6. FICA/SUI A .,~ 7. Life/Health/Dentallnsurance ;.:.:, 8. Other (explain & document) 10. ..,. x BENEFIT SUB-TOTALS: ~$~~~co s ~ g~ 11. Accounting/Bookkeeping 12. Ren# z. , 13. Utilities 14. Insurance 15. Office Supplies 16. Travel 17. Consumable Supplies 18. Other " f. ~ - 5 -~~ OTHER SUB-TOTALS ~ $ Q ~ ~ .., µ ,~ " ,R:. :F.. MONTHLY GRAND TOTALS ~ ~" ,~~ , .,~ . . ~ - A,>.. A~ .......,:.. ~ r . ~,~.. .., Please attach supporting invoices and documentation. 1 r ESG SUBRECIPIENT AGREEMENT (Public Services Program) between THE CITY OF SAN BERNARDINO and NEW HOUSE, INC. AGREEMENT FOR USE OF EMERGENCY SHELTER GRANT FUNDS THIS AGREEMENT, entered in this 1st day of July, 2008 by and between the CITY OF SAN BERNARDINO, (hereinafter referred to as the "CITY") and New House, Inc., a California non-profit corporation, (hereinafter referred to as the "SUBRECIPIENT"); WITNESSETH WHEREAS, pursuant to Subtitle "B" of the Stewart B. McKinney Homeless Assistance Act of 1987 (Public Law 100-77), (hereinafter referred to as 'the "Act"), the CITY has been awarded Emergency Shelter Grant Program ("ESGP") funds which are to be used to improve the quality of existing emergency shelters for the homeless, to help make available additional emergency shelters, and to help meet the costs of operating emergency shelters and of providing certain essential social services to homeless individuals, and; WHEREAS, the CITY desires to contract with non-profit corporations for the use of ESGP funds to provide various services for homeless individuals, and; WHEREAS, the SUBRECIPIENT as anon-profit corporation, is eligible under the Act to receive ESGP funds to provide those services as described herein. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Term. The term of this Agreement shall be for a period commencing on July 1, 2008, and terminating on June 30, 2009, or as otherwise provided for in Section 5 herein. 2. Scope of Services. The SUBRECIPIENT promises and agrees to provide certain emergency shelter grant program services for homeless persons by utilizing the sum of Ten Thousand Six Hundred Sixty One and 00/100 Dollars (10,661) in ESGP funds to provide various services to homeless families and individuals complying with the requirements of this Agreement for eligible families and individuals as set forth below in this Section 2, and the SUBRECIPIENT shall complete the insertion of the requisite information in the form titled "Monthly Accomplishment Report" the fore of which shall be completed monthly and submitted to the Agency and such form is attached hereto as Exhibit "A", and by this reference, incorporated herein. The SUBRECIPIENT shall also provide homeless individuals with assistance in obtaining (i) appropriate supportive services, including permanent housing, physical and mental health treatment, counseling, supervision, and other services essential for achieving independent living, and; (ii) other federal, state, local and private assistance provided hereunder shall be in full conformity with the Act, and any amendments thereto, and the federal regulations and guidelines now, or hereinafter enacted pursuant to the Act. 1 f ~ 3. Matching Funds. The SUBRECIPIENT must supplement its emergency shelter grant amounts with an equal amount of funds from sources other than those provided herein and from non- federal sources. These funds must be provided after the date of the grant award to the SUBRECIPIENT. The SUBRECIPIENT may comply with this requirement by providing the supplemental funds itself, or voluntary efforts or gifts in kind provided to the SUBRECIPIENT, as appropriate. 4. Calculating the Matching Amount. In calculating the amount of supplemental funds, there may be included the value of any donated material or building(s), the value of the lease(s) on the building(s); any salary paid to staff of the SUBRECIPIENT, or to any State or non-profit recipient, as appropriate, in carrying out the Emergency Shelter Grant Program; and the time and services contributed by volunteers to carry out the ESGP, determined at the rate of $5.00 per hour. For purposes of this Section 4, the SUBRECIPIENT upon concurrence of the Executive Director (the "Administrator") of the Redevelopment Agency of the City of San Bernardino ("Agency"), the Administrator of the ESG Program, will determine the value of any donated material or building(s) or any lease(s), or furnishings and equipment using any method reasonably calculated to establish a fair market value. 5. Termination. (a) Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. (b) Notwithstanding the provisions of Section 5(a), the CITY may suspend or terminate this Agreement forthwith for cause, upon written notice to the SUBRECIPIENT of the action being taken. Cause shall be established, (i) in the event the SUBRECIPIENT fails to perform the covenants herein contained; (ii) in the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable, or; (iii) in the event the funding from the United States Department of Housing and Urban Development (HUD), referred to in the recitals herein, is reduced, terminated or otherwise becomes unavailable. The CITY shall provide written notice to the SUBRECIPIENT within ten (10) working days from the date HUD reduces, suspends or terminates the ESGP funding. This Agreement may, at the discretion of the Administrator of the CITY, be either terminated or amended to reflect said reduction of funds. (c) Upon termination of this Agreement, the SUBRECIPIENT agrees to return any unencumbered funds which it has been provided by the CITY. In accepting said funds, the CITY does not waive any claim or cause of action it may have against the SUBRECIPIENT for breach of this Agreement. 2 f ~ (d) Upon termination of this Agreement, the SUBRECIPIENT shall not incur any obligations after the effective date of such termination. (e) Any provisions for inspection and audits relative to the expenditure of funds provided for hereunder shall not be ended upon the date of any termination but shall continue thereafter as specified herein. (f) SUBRECIPIENT will be required to cooperate and work in collaboration with City departments, to include but not limited to: Police Department, Fire Department and Code Compliance and the Agency in an effort to promote the well-being of citizens and aid in reduction of crime, blight and unsafe living conditions. From time to time, SUBRECIPIENT may be required to attend meetings to be held at the Agency. Failure to cooperate may result in the termination of this Agreement in accordance with Section 5. Termination. of this Agreement. 6. Payment of Funds. The Mayor and Common Council of the CITY shall determine the final disposition and distribution of all funds received by the CITY under the Act. On behalf of the CITY, the Agency shall make payments of ESGP funds to the SUBRECIPIENT based upon the information submitted in the form titled "Monthly Accomplishment Report" as attached hereto as Exhibit "A" and the Agency shall monitor the expenditure of funds and activities of the SUBRECIPIENT to ensure compliance with applicable federal regulations and the terms of this Agreement. The SUBRECIPIENT shall establish and maintain a separate account for all ESGP funds received under this Agreement and deposit all such funds in said account. All disbursements of ESGP funds by the Agency will be made in the following manner: (a) Payments shall be made on a reimbursement basis and made within thirty (30) days after the SUBRECIPIENT has submitted written notice identifying payments made and requesting reimbursement. Payments shall be based on documented expenses by the SUBRECIPIENT, in the form of Exhibit "B", titled "Budget Breakdown", approved by the Administrator, or his/her designee, upon each submittal, which form when completed shall include all the information required therein as a condition precedent for the commitment of the Agency to remit the reimbursements to the SUBRECIPIENT of the ESGP funds. The Agency shall reimburse on a monthly basis, 1/12 of the SUBRECIPIENT's ESGP funds. (b) In no event shall the CITY or the Agency, or any of its officers, agents or employees, be held liable for expenses incurred by the SUBRECIPIENT in excess of the ESGP allocation noted in Section 2, entitled "Scope of Services." 3 (c) Payments may be withheld if, on a determination by the Administrator, the SUBRECIPIENT has not complied with the covenants herein contained at such times, and in such manner as provided in this Agreement. (d) No later than thirty (30) days prior to the date set forth herein for termination of this Agreement, the SUBRECIPIENT shall provide the CITY or Agency with its estimate of the amount of funds which will remain unexpended upon such termination. Notwithstanding any provisions contained in this Section 6, the Agency, through its Administrator, shall thereafter, upon reasonable notice provide to the SUBRECIPIENT, have the right to (i) reduce the payment of funds hereunder, (ii) renegotiate the actual levels of expenditures in the event the SUBRECIPIENT's rate of expenditures will result in unexpended funds at the expiration of this Agreement, and/or; (iii) re-program funds associated with this Agreement in which the Administrator finds there has been no substantial progress or activity. 7. Documentation, Reports, Inspections and Performance Evaluations. (a) Documentation of Expenditures. All expenditures supported by properly executed payrolls, time records, invoices, contracts, vouchers, receipts, orders and any other accounting documentation pertaining, in whole or in part, to this _ Agreement, shall be clearly identified and readily accessible. The SUBRECIPIENT shall maintain and keep available all such documents for a period of not less than three (3) years from the termination of this Agreement, if a CITY, Agency, state and/or federal audit has occurred within six (6) months prior to date of termination, and for a period of not less than five (5} years from said date if such audit has not occurred. In the event of audit exception, such documentation shall be maintained until every exception has been cleared to the satisfaction of the auditing authority. (b) Reports. The SUBRECIPIENT, at such times and on such forms as the Agency may require, shall furnish the Agency such statements, records, reports, data and information as the Agency may request pertaining to its performance of services hereunder and other matters covered by this Agreement. The SUBRECIPIENT shall establish and maintain records in accordance with the Office of Management and Budget (OMB) Circulars Numbered A-110 and A-112, respectively, as applicable to the acceptance and use of emergency shelter grants. (c) Inspections. The SUBRECIPIENT shall make available to the CITY and/or Agency, state and/or federal officials its records and data with respect to all matters covered by this Agreement for inspection and audit, which inspection and audit may be made at any time after reasonable notice. The SUBRECIPIENT shall comply with the audit requirements of OMB Circular Number A-110, as applicable, and as they relate to the acceptance and use of federal funds under this Agreement. 4 (d) Performance Evaluations. The SUBRECIPIENT shall permit CITY and/or Agency, state and/or federal officials to monitor, assess or evaluate the SUBRECIPIENT's performance under this Agreement on at least a monthly basis, said monitoring, assessment or evaluation to include, but not be limited to, audits, inventory, inspections within the program area, and interviews with the SUBRECIPIENT's employees, agents, independent contractors and subcontractors, providing the services under this Agreement and recipients thereof. (e} This Agreement contemplates that the SUBRECIPIENT will pay salaries, utilities and furnishings with the monies that will be remitted to the SUBRECIPIENT as reimbursement amounts pursuant to Section 6(a) and in accordance with Exhibit "B", "Budget Breakdown", as shall be submitted by the SUBRECIPIENT to the Agency for each reimbursement request and Section 2 Scope of Services, of this Agreement. S. Building or Facility. (a) Any building for which emergency shelter grant amounts are used for renovation, conversion, or major rehabilitation, must meet local safety and sanitation standards. (b) When ESGP funds are utilized to provide emergency shelter for the homeless in hotels or motels or other commercial facilities providing transient housing, (i) the SUBRECIPIENT, at the request of the CITY and/or Agency, shall execute an Agreement with the provider of such housing which provides that comparable living space, in terms of quality, available in the facility for use as emergency shelters for at least the same period of time as provided in Section 9 herein, and; (ii) leases negotiated between the SUBRECIPIENT and the provider of such housing shall make available such living space at substantially less than the daily room rate otherwise charged by the facility and; (iii) the SUBRECIPIENT shall certify, in writing, to CITY and/or Agency that it has considered using other facilities as emergency shelter for the homeless in the City. (c) The SUBRECIPIENT shall ensure that any building or facility is utilized exclusively for secular purposes and is made available to all persons regardless of religion. If ESGP funds are used to renovate, rehabilitate, or convert buildings owned by primarily religious organization or entities, the SUBRECIPIENT shall comply with the provisions of Title 24, Code of Federal Regulations, Part 575.21(b)(2}. (d) The SUBRECIPIENT shall comply with the Uniform Federal Accessibility Standards (24 CFR, Part 40, Appendix "A"), when activities funded by the ESGP involve major rehabilitation or conversion. 5 9. Maintenance as a Homeless Facility. (a) The SUBRECIPIENT shall maintain any building for which ESGP funds are used for not less than a three (3) year period, or for not less than a ten (10} year period if the grant amounts are used for major rehabilitation or conversion of the building. (b} The three (3) or ten (10} year periods begin to run, (i) on the date of initial occupancy as an emergency shelter for the homeless when the building utilized was not operated as an emergency shelter for the homeless before receiving ESGP funds, or; (ii) on the date that ESGP funds are first obligated to the shelter when the building was operated as an emergency shelter before receiving ESGP funds, or; (ii) on the date that ESGP funds are first obligated to shelter when the building was operated as an emergency shelter before receiving ESGP funds. (c) When ESGP funds are used exclusively to provide essential services including, but not limited to, services concerned with employment, physical or mental health, substance abuse, education, food, equipment or furnishings, the time periods noted in (a) above are not applicable. 10. Independent Capacity. The SUBRECIPIENT, and its officers, employees and agents, shall act in an independent capacity during the term of this Agreement and shall not act as, shall not be, nor shall they in any manner be construed to be officers, employees, or agents of the CITY and/or the Agency or the State of California. 11. Assignability. The SUBRECIPIENT cannot assign any of its rights, duties or obligations pursuant to this Agreement to any person or entity without the prior written consent of the CITY or the Agency. This includes the ability to subcontract all, or a portion of, its rights, duties and obligations hereunder. 12. Insurance. The SUBRECIPIENT shall during the term of this Agreement: (a) Procure and maintain Workers' Compensation Insurance as prescribed by the laws of the State of California. (b} Procure and maintain comprehensive general and automobile liability insurance as shall protect the SUBRECIPIENT from claims for damages for personal injury, including accidental and wrongful death, as well as from claims for property damage, which may arise from activities or programs under this Agreement, 6 whether such activities or programs by the SUBRECIPIENT, by any subcontractor or by any officer, employee or agent of either of them. Such insurance shall name the CITY and the Agency, their officers, officials, attorneys, agents, employees, volunteers and independent contractors as additional insureds with respect to this Agreement and the obligations of the SUBRECIPIENT hereunder. Such insurance shall provide for combined coverage limits of not less than $1,000,000 per occurrence. (c) Furnish the CITY and the Agency with policies of insurance, prior to request for first reimbursement for ESGP funds showing that such insurance is in full force and effect, and that the CITY and the Agency are named as additional insureds with respect to this Agreement and the obligations of the SUBRECIPIENT hereunder. Further, said policies shall contain the covenant of the insurance carrier that thirty (30) days written notice will be given to the CITY and the Agency prior to modification, cancellation, or reduction in coverage of such insurance. 13. Hold Harmless. The SUBRECIPIENT shall indemnify and hold the CITY and the Agency, their officers, officials, attorneys, agents, employees, volunteers and independent contractors free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of the SUBRECIPIENT, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. The specific insurance coverage required in Section 12 shall in no way limit or circumscribe the SUBRECIPIENT'S obligation to indemnify and hold the CITY and the Agency harmless as set forth in this Section 13. 14. Federal Requirement. (a) The SUBRECIPIENT shall comply with the provisions of the Act, and any amendments thereto, and the federal regulations and guidelines now or hereinafter enacted pursuant to the Act. More particularly, the SUBRECIPIENT is to comply with those regulations found in Part 575 of Title 24 of the Code of Federal Regulations and OMB Circulars Numbered A-110 and A-112, respectively, and appropriate attachments for non-profit organization contractors. (b) The SUBRECIPIENT represents that it is, or may be, a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by, or in connection with, a religious or denominational institution or organization. (c) The SUBRECIPIENT agrees that, in connection with the services to be provided hereunder, (i) it will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give 7 ~ ~ preference in employment to persons on the basis of religion; (ii) it will not discriminate against any person applying for such services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii) it will provide no religious instruction or counseling, conduct no religious workshop or services, engage in no religious proselytizing and exert no other religious influence in the provision of such services; (iv) the portion of a facility used to provide services assisted, in whole or in part, under this Agreement shall contain no sectarian or religious symbols or decorations, and; (v) the funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the SUBRECIPIENT in which the services are to be provided; provided that, minor repairs may be made if such repairs are directly related to the services; are located in a structure used exclusively for non-religious purposes, and; constitute in dollar terms only a minor portion of the ESGP expenditure for the public services. (d) The SUBRECIPIENT shall comply with the Housing and Community Development Act (HCD Act) of 1992 (Public Law 102-550, approved October 28, 1992), which requires the involvement of, to the extent practicable, homeless individuals and families and operating facilities assisted under the ESGP in providing services for occupants of these facilities (42 U.S.C. 11375(c)(7), as added by Section 1402 (b)). (e) The SUBRECIPIENT shall comply with HCD Act, Section 1402 (d), which requires that termination of assistance to any individual or family be in accordance with a formal process, which may include a hearing, established by the SUBRECIPIENT. 15. Compliance with Law, The SUBRECIPIENT shall comply with all federal, state and local laws and regulations pertinent to its operation and services to be performed hereunder, and shall keep in effect any and all licenses, permits, notices and certificates as are required thereby. The SUBRECIPIENT shall further comply with all laws applicable to wages and hours of employment, occupational safety and to fire safety, health and sanitation. 16. Comprehensive Homeless Assistance Plan. The SUBRECIPIENT shall cooperate with the CITY and the Agency in undertaking emergency shelter grant activities and shall assist the CITY and the Agency in carrying out the Comprehensive Homeless Assistance Plan and any other applicable strategies implemented by the CITY and the Agency and shall act in conformity therewith. 17. Non-Discrimination and Equal Opportunity Compliance. The SUBRECIPIENT hereby certifies compliance with the following: 8 r ~ (a) Executive Order Number 11246, as amended, and the regulations issued thereunder at Title 4 i , Code of Federal Regulations, Chapter 60; (b) Title VI and Title VII of the Civil Rights Act of 1964 (423 U.S.C. Section 2000(d) et. seq.), as amended by the Equal Opportunity Act of March 24, 1972, (Public Law Number 92-261); (c) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601-3619} and implementing regulations issued pursuant thereto (24 CFR, Part 1); (d) Executive Order Number 11063 and implementing regulations issued pursuant thereto (25 CFR, Part 107); (e) Age Discrimination Act of 1975 (42 U.S.C., Sections 61 Ol -6107); (f) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794), and; (g} Executive Orders Numbered 11625, 12432 and 12138 consistent with HUD's responsibilities under these Orders, the SUBRECIPIENT must make efforts to encourage the use of minority and women owned business enterprises in connection with ESGP activities; (h) The SUBRECIPIENT shall establish and maintain a procedure through which homeless individuals will be informed of the facilities and services available to all on a nondiscriminatory basis. (i) SUBRECIPIENT agrees to abide by, and include in any subcontracts to perform work under this Agreement, the following clause: "During the performance of this Agreement, the SUBRECIPIENT and its subcontractors shall not unlawfully discriminate against any employee or application for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40), or sex. The SUBRECIPIENT and subcontractors shall ensure that the evaluation and treatment of their employees and applications for employment are free of such discrimination. The SUBRECIPIENT and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et. seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990, set forth in Chapter five (5) of Division four (4) of Title two (2) of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if fully set forth at length. 9 The SUBRECIPIENT and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other agreement." (j) The equal opportunity clause continued in Section 202 of Executive Order Number 11246, as amended, is hereby incorporated into this Agreement by this reference. (k) During the performance of this Agreement, the SUBRECIPIENT and its subcontractors, if any, shall not deny the benefits rendered hereunder to any person on the basis of religion, color, ethnic group identification, sex, age or physical or mental disability. (1) The SUBRECIPIENT shall furnish all information and reports as required by Executive Order Number 11246, as amended. (m) The SUBRECIPIENT shall include the non-discrimination and compliance provisions of the equal opportunity clause in all subcontracts, if any. 18. Affirmative Action Compliance. Each SUBRECIPIENT or subcontractor with less than fifty (50) employees shall comply with Section 202, Part II, of Executive Order Number 11246, as amended. The SUBRECIPIENT shall ensure that subcontractors, if any, falling within the scope of this provision shall comply in full with the requirements thereof 19. Conflict of Interest. No person who is (i) an employee, agent, consultant, officer, or elected or appointed official of the CITY, the Agency, state or the SUBRECIPIENT that receives ESGP funds and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or; (ii) in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreemment with respect thereto, or the proceeds thereunder, either for himself or herself or those with whom he or she has family or business ties, during his or her tenure or for one (1) year thereafter. 20. Eligibility of Contractors and Subcontractors. No ESGP funds allocated to the SUBRECIPIENT through this Agreement may be used, directly or indirectly, to employ, award contracts to, or otherwise engage the services of, or purchase the goods of, or fund any contractor or subcontractor during any period of debarment, suspension, or placement in ineligibility status under the provision of 24 CFR, Part 4. 10 21. Lead Based Paint. The SUBRECIPIENT and all subcontractors, if any, shall comply with the requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C., Section 4821-4846) and implementing regulations issued pursuant thereto (24 CFR, Part 35}. 22. Flood Insurance. No site proposed on which renovation, major rehabilitation, or conversion of a building, is to be assisted under this part, other than by grant amounts allocated to the state, maybe located in an area that has been identified by the Federal Emergency Management Agency as having special flood hazards, unless the community in which the areas is situated is participating in the National Flood Insurance Program and the regulations issued thereunder (44 CFR, Parts 59-79) or less than a year has passed since the Federal Emergency Management Agency notification regarding such hazards, and the SUBRECIPIENT will ensure that flood insurance on the structure is obtained in compliance with Section 102(a) of the Flood Disaster Protection Act of 1973, (42 U.S.C., Section 4001 et. seq.). 23. Notice. Any notices required or desired to be served by either party upon the other shall be addressed to respective parties as set forth below (or to such other addresses as from time to time may be designated, in writing, by the respective parties): AS TO AGENCY: AS TO SUBRECIPIENT: Emil Marzullo, Interim Executive Director Pat Sutay Economic Development Agency New House, Inc. 201 North "E" Street, Suite 301 2075 North Arrowhead Avenue San Bernardino CA 92401-1507 San Bernardino, CA 92405 24. Binding Successors. The SUBRECIPIENT, its heirs, assigns and successors in interest shall be bound by all the provisions contained in this Agreement, and all of the parties thereto shall be jointly and severally liable hereunder. 25. Assurances. The SUBRECIPIENT certifies that it has the legal authority to enter into and meet the requirements of this Agreement. 11 26. Legal Proceedings. Should any legal proceedings be commenced to enforce, enjoin, or collect funds or otherwise affect this Agreement between the parties it should be filed in San Bernardino County Superior Court. The prevailing party shall be entitled to recover its reasonable legal fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City and Agency shall be considered as "legal fees" for the purposes of this section. 27. Entire Agreement. This Agreement is intended by the parties hereto as the final and exclusive expression of these provisions contained in this Agreement and it supersedes and replaces any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement maybe modified or changed only upon the written consent of the parties hereto. 28. No Third Party Beneficiaries. No third party shall be deemed to have any rights hereunder against any of the parties hereto as a result of this Agreement. //// //// //// //// //// //// //// 12 IN WITNESS WHEREOF, the parties hereto have hereunto their hands and seals this day and year first above written. CITY OF SAN BERNARDINO New House, Inc. a California non-profit corporation Fred it o ,City Manager Executive Director ATTEST City of San Bernardino City Cler Approved as to form: ,./~~ ~ ~ 1 ~C James F. Pe an, City Attorney 13 ' ~'~ . Exhibit "A" EMERGENCY SHELTER GRANT San Bernar Ino MONTHLY ACCOMPLISHMENT FOR THE MONTH OF: FY 2008/2009 Subrecipient Name: Total Number of Individuals Served this Month: Project/Service Locations 1, # of Beds: 2, # of Beds: 3, # of Beds: Of the beds indicated above, please indicate the number of: Emergency Shelter Beds Transitional Beds Permanent Housing Beds Of the Individuals Served this Month, Indicate the Number of Shelter Nights/Hours Served: Beneficiaries -Indicate the Number of: Unaccompanied Men: Unaccompanied Female Youth (Under 18): Unaccompanied Women: Unaccompanied Male Youth (Under 18): Single Parent Family: Adult Couple without Children: Two Parent Family: Don't Know: Amount of ESG Reimbursement Rehabilitation: $ 0 Maintenance and Operations: $ Essential Services: $ Administration: $ 0_ Homeless Prevention: $ Indicate the Pr ram s) and Service(s) Provided by Your Organization: ? Emergency Shelter Facility ? Transitional Shelter ? Vouchers for Shelters ? Outreach ? Drop-In Center ? Soup Kitchen/Meal Distribution ? Food Pantry ? Health Care ? Mental Health ? HIV/AIDS Services ? Alcohol/Drug Program ? Employment ? Child Care ? Homeless Prevention ? Other: Residential (Emergency or Transitional Shelters) Number of Adults Served: Number of Children Served: 1 of 4 i ~ Non-Residential Services Number of Adults and Children Served: Emergency or Transitional Shelters Unaccompanied 18 and Over: Male: Female: Total: Unaccompanied Under 18: ~ Male: Female: Total: Number of Family Households with Children Headed by: Single 18 and Over: Male: Female: Total: Single under 18: Male: Female: Total: Two Parents 18 and Over: Total: Two Parents under 18: Total: Number of Family Households with no Children: Total: Emergency or Transitional Shelters List the number of persons for each subpopulation you serve. If you serve subpopulations that fit more than one category, you may place overlapping numbers (duplicate persons) on the appropriate lines. Chronically Homeless (Emergency Shelter Only): Severely Mentally I11: Chronic Substance Abuse: Other Disability: Veterans: Persons with HN/AIDS: Victims of Domestic Violence: Elderly: Shelter Type and Number of Persons Housed in: Barracks: Single Room Occupancy: Group/Large House: Mobile Home/Trailer: Scattered Site Apartment: Hotel/Motel: Single Family Detached House: Other: 2 of 4 ~ ~ Number of Persons Served (Including Residential and Non-Residential Services) Subrecipients providing Emergency or Transitional Shelter are required to report the total number of adults and children served. This should be an actual unduplicated count, not an estimate or point-in-time count. This means that regardless of how many nights a persons stays in a shelter, they are counted once. For example, Jane Doe stays in Mary's Shelter for 60 nights; she is counted as one person served -not 60. Ethnic Background White: Black/African American: Asian: American Indian/Alaskan Native: Native Hawaiian/Pacific Islander: American Indian/Alaska Native & White: Asian & White: Black or African American & White: Hispanic: Other Multi-Racial: Total Match Contribution/Cash Value Sources of Local Match (Other Federal, including pass-through funds, e.g., City CDBG, County FEMA, etc.) Type: Match Amount: Type: Match Amount: Type: Match Amount: State/Local Government Funding (e.g., State Housing Trust Funds, Local Assessment, etc.) Type: Match Amount: Type: Match Amount: Type: Match Amount: Private (including recipient) Funding: Fund Raising/Cash: $ New Staff Salaries: $ Loans: $ Donated Computers: $ Building Value or Lease: $ Donated Goods: $ Volunteers @ $10.00 per Hour: $ Volunteers Medical/Legal: $ 3 of 4 ! ~ « Please provide a narrative of your organizations accomplishments during this reporting period: 4 of 4 . - ,~ Examx 4 Q ` m z Do N~: ~ . ete Exhibit " B" - Economic Development Agency ESG Monthly Budget Breakdown Month: Program Year: 2008-2009 Subrecipient Name: Approved Grant Amount: $ Budgeted REQUEST Balance Amount by Funding Source Amount Available Current Month Year to Date Payee title (Do Not Use Names) 2. -~.. 3. ~,. 4. ~ "' 5. f SALARY SUB-TOTALS: $ 0.00 $ 0.00 $ , 0.00 R M~: ,a ,~ ~., ,.~Q^ ", 6. Flca/sul 7. Life/Health/Dentallnsurance ~ ` Y 8. Other (explain & document) ~ ~a ° " 9. ~ r~~_ a a, a ~5 BENEFIT SUB-TOTALS: $ X0.00 ~0~~ ~ x s~ 0~ x. `,~,:_ 11. Accounting/Bookkeeping :~x- 12. Rent 13. Utilities 14. Insurance 15. Office Supplies r~ = z...:... n 16. Travel y.. 17. Consumable Supplies :r 18. Other J~ q 19. .- ~,. ...w.....:...:..; ,.. OTHER SUB-TOTALS - ~ 9 r~:: , ,. . , . .....:....m. x ..., MONTHLY GRAND TOTALS F~ - F .~.- .e~ ~ r ,.u ., nt. ~ Please attach supporting invoices and documentation. 1 T ~ ESG SUBRECIPIENT AGREEMENT (Public Services Program) between THE CITY OF SAN BERNARDINO and OPERATION GRACE AGREEMENT FOR USE OF EMERGENCY SHELTER GRANT FUNDS THIS AGREEMENT, entered in this 1st day of July, 2008 by and between the CITY OF SAN BERNARDINO, (hereinafter referred to as the "CITY") and Operation Grace, a California non-profit corporation, {hereinafter referred to as the "SUBRECIPIENT"); WITNESSETH WHEREAS, pursuant to Subtitle "B" of the Stewart B. McKinney Homeless Assistance Act of 1987 (Public Law 100-77), (hereinafter referred to as the "Act"), the CITY has been awarded Emergency Shelter Grant Program ("ESGP") funds which are to be used to improve the quality of existing emergency shelters for the homeless, to help make available additional emergency shelters, and to help meet the costs of operating emergency shelters and of providing certain essential social services to homeless individuals, and; WHEREAS, the CITY desires to contract with non-profit corporations for the use of ESGP funds to provide various services for homeless individuals, and; WHEREAS, the SUBRECIPIENT as anon-profit corporation, is eligible under the Act to receive ESGP funds to provide those services as described herein. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Term. The term of this Agreement shall be for a period commencing on July 1, 2008, and terminating on June 30, 2009, or as otherwise provided for in Section 5 herein. 2. Scope of Services. The SUBRECIPIENT promises and agrees to provide certain emergency shelter grant program services for homeless persons by utilizing the sum of Nine Thousand and 00/100 Dollars ($9,000) in ESGP funds to provide various services to homeless families and individuals complying with the requirements of this Agreement for eligible families and individuals as set forth below in this Section 2, and the SUBRECIPIENT shall complete the insertion of the requisite information in the form titled "Monthly Accomplishment Report" the form of which shall be completed monthly and submitted to the Agency and such form is attached hereto as Exhibit "A", and by this reference, incorporated herein. The SUBRECIPIENT shall also provide homeless individuals with assistance in obtaining (i) appropriate supportive services, including permanent housing, physical and mental health treatment, counseling, supervision, and other services essential for achieving independent living, and; (ii) other federal, state, local and private assistance provided hereunder shall be in full conformity with the Act, and any amendments thereto, and the federal regulations and guidelines now, or hereinafter enacted pursuant to the Act. 1 3. Matching Funds. The SUBRECIPIENT must supplement its emergency shelter grant amounts with an equal amount of funds from sources other than those provided herein and from non- federal sources. These funds must be provided after the date of the grant award to the SUBRECIPIENT. The SUBRECIPIENT may comply with this requirement by providing the supplemental funds itself, or voluntary efforts or gifts in kind provided to the SUBRECIPIENT, as appropriate. 4. Calculating the Matching Amount. In calculating the amount of supplemental funds, there may be included the value of any donated material or building(s), the value of the lease(s) on the building(s); any salary paid to staff of the SUBRECIPIENT, or to any State or non-profit recipient, as appropriate, in carrying out the Emergency Shelter Grant Program; and the time and services contributed by volunteers to carry out the ESGP, determined at the rate of $5.00 per hour. For purposes of this Section 4, the SUBRECIPIENT upon concurrence of the Executive Director (the "Administrator") of the Redevelopment Agency of the City of San Bernardino ("Agency"), the Administrator of the ESG Program, will determine the value of any donated material or building(s) or any lease(s), or furnishings and equipment using any method reasonably calculated to establish a fair market value. 5. Termination. (a) Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. (b) Notwithstanding the provisions of Section 5(a), the CITY may suspend or terminate this Agreement forthwith for cause, upon written notice to the SUBRECIPIENT of the action being taken. Cause shall be established, (i) in the event the SUBRECIPIENT fails to perform the covenants herein contained; (ii) in the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable, or; (111) in the event the funding from the United States Department of Housing and Urban Development (HUD), referred to in the recitals herein, is reduced, terminated or otherwise becomes unavailable. The CITY shall provide written notice to the SUBRECIPIENT within ten (10) working days from the date HUD reduces, suspends or terminates the ESGP funding. This Agreement may, at the discretion of the Administrator of the CITY, be either terminated or amended to reflect said reduction of funds. (c) Upon termination of this Agreement, the SUBRECIPIENT agrees to return any unencumbered funds which it has been provided by the CITY. In accepting said funds, the CITY does not waive any claim or cause of action it may have against the SUBRECIPIENT for breach of this Agreement. 2 ~ ~ (d} Upon termination of this Agreement, the SUBRECIPIENT shall not incur any obligations after the effective date of such termination. (e) Any provisions for inspection and audits relative to the expenditure of funds provided for hereunder shall not be ended upon the date of any termination but shall continue thereafter as specified herein. (f) SUBRECIPIENT will be required. to cooperate and work in collaboration with City departments, to include but not limited to: Police Department, Fire Department and Code Compliance and the Agency in an effort to promote the well-being of citizens and aid in reduction of crime, blight and unsafe living conditions. From time to time, SUBRECIPIENT may be required to attend meetings to be held at the Agency. Failure to cooperate may result in the termination of this Agreement in accordance with Section 5. Termination. of this Agreement. 6. Payment of Funds. The Mayor and Common Council of the CITY shall determine the final disposition and distribution of all funds received by the CITY under the Act. On behalf of the CITY, the Agency shall make payments of ESGP funds to the SUBRECIPIENT based upon the information submitted in the form titled "Monthly Accomplishment Report" as attached hereto as Exhibit "A" and the Agency shall monitor the expenditure of funds and activities of the SUBRECIPIENT to ensure compliance with applicable federal regulations and the terms of this Agreement. The SUBRECIPIENT shall establish and maintain a separate account for all ESGP funds received under this Agreement and deposit all such funds in said account. All disbursements of ESGP funds by the Agency will be made in the following manner: (a) Payments shall be made on a reimbursement basis and made within thirty (30) days after the SUBRECIPIENT has submitted written notice identifying payments made and requesting reimbursement. Payments shall be based on documented expenses by the SUBRECIPIENT, in the form of Exhibit "B", titled "Budget Breakdown", approved by the Administrator, or his/her designee, upon each submittal, which form when completed shall include all the information required therein as a condition precedent for the commitment of the Agency to remit the reimbursements to the SUBRECIPIENT of the ESGP funds. The Agency shall reimburse on a monthly basis, 1/12 of the SUBRECIPIENT's ESGP funds. (b) In no event shall the CITY or the Agency, or any of its officers, agents or employees, be held liable for expenses incurred by the SUBRECIPIENT in excess of the ESGP allocation noted in Section 2, entitled "Scope of Services." 3 (c) Payments may be withheld if, on a determination by the Administrator, the SUBRECIPIENT has not complied with the covenants herein contained at such times, and in such manner as provided in this Agreement. (d) No later than thirty (30) days prior to the date set forth herein for termination of this Agreement, the SUBRECIPIENT shall provide the CITY or Agency with its estimate of the amount of funds which will remain unexpended upon such termination. Notwithstanding any provisions contained in this Section 6, the Agency, through its Administrator, shall thereafter, upon reasonable notice provide to the SUBRECIPIENT, have the right to (i) reduce the payment of funds hereunder, (ii} renegotiate the actual levels of expenditures in the event the SUBRECIPIENT's rate of expenditures will result in unexpended funds at the expiration of this Agreement, and/or; (iii) re-program funds associated with this Agreement in which the Administrator finds there has been no substantial progress or activity. 7. Documentation, Reports, Inspections and Performance Evaluations. (a) Documentation of Expenditures. All expenditures supported by properly executed payrolls, time records, invoices, contracts, vouchers, receipts, orders and any other accounting documentation pertaining, in whole or in part, to this Agreement, shall be clearly identified and readily accessible. The SUBRECIPIENT shall maintain and keep available ali such documents for a period of not less than three (3) years from the termination of this Agreement, if a CITY, Agency, state and/or federal audit has occurred within six (6) months prior to date of termination, and for a period of not less than five (5) years from said date if such audit has not occurred. In the event of audit exception, such documentation shall be maintained until every exception has been cleared to the satisfaction of the auditing authority. (b) Reports. The SUBRECIPIENT, at such times and on such forms as the Agency inay require, shall furnish the Agency such statements, records, reports, data and information as the Agency lnay request pertaining to its performance of services hereunder and other matters covered by this Agreement. The SUBRECIPIENT shall establish and maintain records in accordance with the Office of Management .and Budget (OMB) Circulars Numbered A-110 and A-112, respectively, as applicable to the acceptance and use of emergency shelter grants. (c) Inspections. The SUBRECIPIENT shall make available to the CITY and/or Agency, state and/or federal officials its records and data with respect to all matters covered by this Agreement for inspection and audit, which inspection and audit may be made at any time after reasonable notice. The SUBRECIPIENT shall comply with the audit requirements of OMB Circular Number A-110, as applicable, and as they relate to the acceptance and use of federal funds under this Agreement. 4 (d} Performance Evaluations. The SUBRECIPIENT shall permit CITY and/or Agency, state and/or federal officials to monitor, assess or evaluate the SUBRECIPIENT's performance under this Agreement on at least a monthly basis, said monitoring, assessment or evaluation to include, but not be limited to, audits, inventory, inspections within the program area, and interviews with the SUBRECIPIENT's employees, agents, independent contractors and subcontractors, providing the services under this Agreement and recipients thereof. (e) This Agreement contemplates that the SUBRECIPIENT will pay salaries, utilities and furnishings with the monies that will be remitted to the SUBRECIPIENT as reimbursement amounts pursuant to Section 6(a) and in accordance with Exhibit "B", "Budget Breakdown", as shall be submitted by the SUBRECIPIENT to the Agency for each reimbursement request and Section 2 Scope of Services, of this Agreement. 8. Building or Facility. (a) Any building for which emergency shelter grant amounts are used for renovation, conversion, or major rehabilitation, must meet local safety and sanitation standards. (b) When ESGP funds are utilized to provide emergency shelter for the homeless in hotels or motels or other commercial facilities providing transient housing, (i) the SUBRECIPIENT, at the request of the CITY and/or Agency, shall execute an Agreement with the provider of such housing which provides that comparable living space, in terms of quality, available in the facility for use as emergency shelters for at least the same period of time as provided in Section 9 herein, and; (ii) leases negotiated between the SUBRECIPIENT and the provider of such housing shall make available such living space at substantially less than the daily room rate otherwise charged by the facility and; (iii) the SUBRECIPIENT shall certify, in writing, to CITY and/or Agency that it has considered using other facilities as emergency shelter for the homeless in the City. (c) The SUBRECIPIENT shall ensure that any building or facility is utilized exclusively for secular purposes and is made available to all persons regardless of religion. If ESGP funds are used to renovate, rehabilitate, or convert buildings owned by primarily religious organization or entities, the SUBRECIPIENT shall comply with the provisions of Title 24, Code of Federal Regulations, Part 575.21(b)(2). (d) The SUBRECIPIENT shall comply with the Uniform Federal Accessibility Standards (24 CFR, Part 40, Appendix "A"), when activities funded by the ESGP involve major rehabilitation or conversion. 5 9. Maintenance as a Homeless Facility. (a) The SUBRECIPIENT shall maintain any building for which ESGP funds are used for not less than a three (3) year period, or for not less than a ten (10) year period if the grant amounts are used for major rehabilitation or conversion of the building. (b) The three (3) or ten (10) year periods begin to run, {i) on the date of initial occupancy as an emergency shelter for the homeless when the building utilized was not operated as an emergency shelter for the homeless before receiving ESGP funds, or; (ii) on the date that ESGP funds are first obligated to the shelter when the building was operated as an emergency shelter before receiving ESGP funds, or; (ii) on the date that ESGP funds are first obligated to shelter when the building was operated as an emergency shelter before receiving ESGP funds. (c) When ESGP funds are used exclusively to provide essential services including, but not limited to, services concerned with employment, physical or mental health, substance abuse, education, food, equipment or furnishings, the time periods noted in (a) above are not applicable. 10. Independent Capacity. The SUBRECIPIENT, and its officers, employees and agents, shall act in an independent capacity during the term of this Agreement and shall not act as, shall not be, nor shall they in any manner be construed to be officers, employees, or agents of the CITY and/or the Agency or the State of California. 11. Assignability. The SUBRECIPIENT cannot assign any of its rights, duties or obligations pursuant to this Agreement to any person or entity without the prior written consent of the CITY or the Agency. This includes the ability to subcontract all, or a portion of, its rights, duties and obligations hereunder. 12. Insurance. The SUBRECIPIENT shall during the term of this Agreement: (a) Procure and maintain Workers' Compensation Insurance as prescribed by the laws of the State of California. (b) Procure and maintain comprehensive general and automobile liability insurance as shall protect the SUBRECIPIENT from claims for damages for personal injury, including accidental and wrongful death, as well as from claims for property damage, which may arise from activities or programs under this Agreement, 6 whether such activities or programs by the SUBRECIPIENT, by any subcontractor or by any officer, employee or agent of either of them. Such insurance shall name the CITY and the Agency, their officers, officials, attorneys, agents, employees, volunteers and independent contractors as additional insureds with respect to this Agreement and the obligations of the SUBRECIPIENT hereunder. Such insurance shall provide for combined coverage limits of not less than $1,000,000 per occurrence. (c} Furnish the CITY and the Agency with policies of insurance, prior to request for first reimbursement for ESGP funds showing that such insurance is in full force and effect, and that the CITY and the Agency are named as additional insureds with respect to this Agreement and the obligations of the SUBRECIPIENT hereunder. Further, said policies shall contain the covenant of the insurance carrier that thirty (30) days written notice will be given to the CITY and the Agency prior to modification, cancellation, or reduction in coverage of such insurance. 13. Hold Harmless. The SUBRECIPIENT shall indemnify and hold the CITY and the Agency, their officers, officials, attorneys, agents, employees, volunteers and independent contractors free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of the SUBRECIPIENT, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. The specific insurance coverage required in Section 12 shall in no way limit or circumscribe the SUBRECIPIENT'S obligation to indemnify and hold the CITY and the Agency harmless as set forth in this Section 13. 14. Federal Requirement. (a) The SUBRECIPIENT shall comply with the provisions of the Act, and any amendments thereto, and the federal regulations and guidelines now or hereinafter enacted pursuant to the Act. More particularly, the SUBRECIPIENT is to comply with those regulations found in Part 575 of Title 24 of the Code of Federal Regulations and OMB Circulars Numbered A-110 and A-112, respectively, and appropriate attachments for non-profit organization contractors. (b) The SUBRECIPIENT represents that it is, or may be, a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by, or in connection with, a religious or denominational institution or organization. (c) The SUBRECIPIENT agrees that, in connection with the services to be provided hereunder, (i) it will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give 7 preference in employment to persons on the basis of religion; (ii) it will not discriminate against any person applying for such services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii} it will provide no religious instruction or counseling, conduct no religious workshop or services, engage in no religious proselytizing and exert no other religious influence in the provision of such services; (iv) the portion of a facility used to provide services assisted, in whole or in part, under this Agreement shall contain no sectarian or religious symbols or decorations, and; (v} the funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the SUBRECIPIENT in which the services are to be provided; provided that, minor repairs may be made if such repairs are directly related to the services; are located in a structure used exclusively for non-religious purposes, and; constitute in dollar terms only a minor portion of the ESGP expenditure for the public services. (d) The SUBRECIPIENT shall comply with the Housing and Community Development Act (HCD Act) of 1992 (Public Law 102-550, approved October 28, 1992), which requires the involvement of, to the extent practicable, homeless individuals and families and operating facilities assisted under the ESGP in providing services for occupants of these facilities (42 U.S.C. 11375(c)(7), as added by Section 1402 (b)). (e) The SUBRECIPIENT shall comply with HCD Act, Section 1402 (d), which requires that termination of assistance to any individual or family be in accordance with a formal process, which may include a hearing, established by the SUBRECIPIENT. 15. Compliance with Law. The SUBRECIPIENT shall comply with all federal, state and local laws and regulations pertinent to its operation and services to be performed hereunder, and shall keep in effect any and all licenses, permits, notices and certificates as are required thereby. The SUBRECIPIENT shall further comply with all laws applicable to wages and hours of employment, occupational safety and to fire safety, health and sanitation. 16. Comprehensive Homeless Assistance Plan. The SUBRECIPIENT shall cooperate with the CITY and the Agency in undertaking emergency shelter grant activities and shall assist the CITY and the Agency in carrying out the Comprehensive Homeless Assistance Plan and any other applicable strategies implemented by the CITY and the Agency and shall act in conformity therewith. 17. Non-Discrimination and Equal Opportunity Compliance. The SUBRECIPIENT hereby certifies compliance with the following: 8 (a) Executive Order Number 11246, as amended, and the regulations issued thereunder at Title 41, Code of Federal Regulations, Chapter 60; (b) Title VI and Title VII of the Civil Rights Act of 1964 {423 U.S.C. Section 2000(d) et. seq.), as amended by the Equal Opportunity Act of March 24, 1972, (Public Law Number 92-261 (c) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601-3619} and implementing regulations issued pursuant thereto (24 CFR, Part 1); (d) Executive Order Number 11063 and implementing regulations issued pursuant thereto (25 CFR, Part 107); (e) Age Discrimination Act of 1975 (42 U.S.C., Sections 6101-6107); (f) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794), and; (g) Executive Orders Numbered 11625, 12432 and 12138 consistent with HUD's responsibilities under these Orders, the SUBRECIPIENT must make efforts to encourage the use of minority and women owned business enterprises in connection with ESGP activities; (h) The SUBRECIPIENT shall establish and maintain a procedure through which homeless individuals will be informed of the facilities and services available to all on a nondiscriminatory basis. (i) SUBRECIPIENT agrees to abide by, and include in any subcontracts to perform work under this Agreement, the following clause: "During the performance of this Agreement, the SUBRECIPIENT and its subcontractors shall not unlawfully discriminate against any employee or application for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40), or sex. The SUBRECIPIENT and subcontractors shall ensure that the evaluation and treatment of their employees and applications for employment are free of such discrimination. The SUBRECIPIENT and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et. seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990, set forth in Chapter five (5) of Division four (4) of Title two (2) of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if fully set forth at length. 9 The SUBRECIPIENT and its subcontractors shall give written notice of their obligations under this clause to labor organizations Wlth which they have collective bargaining or other agreement." (j) The equal opportunity clause continued in Section 202 of Executive Order Number 11246, as amended, is hereby incorporated into this Agreement by this reference. (k) During the performance of this Agreement, the SUBRECIPIENT and its subcontractors, if any, shall not deny the benefits rendered hereunder to any person on the basis of religion, color, ethnic group identification, sex, age or physical or mental disability. (1) The SUBRECIPIENT shall furnish all information and reports as required by Executive Order Number 11246, as amended. (m) The SUBRECIPIENT shall include the non-discrimination and compliance provisions of the equal opportunity clause in all subcontracts, if any. 18. Affirmative Action Compliance. Each SUBRECIPIENT or subcontractor with less than fifty (50) employees shall comply with Section 202, Part II, of Executive Order Number 11246, as amended. The SUBRECIPIENT shall ensure that subcontractors, if any, falling within the scope of this provision shall comply in full with the requirements thereof 19. Conflict of Interest. No person who is (i) an employee, agent, consultant, officer, or elected or appointed official of the CITY, the Agency, state or the SUBRECIPIENT that receives ESGP funds and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or; (ii) in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or those with whom he or she has family or business ties, during his or her tenure or for one (1) year thereafter. 20. Eligibility of Contractors and Subcontractors.. No ESGP funds allocated to the SUBRECIPIENT through this Agreement may be used, directly or indirectly, to employ, award contracts to, or otherwise engage the services of, or purchase the goods of, or fund any contractor or subcontractor during any period of debarment, suspension, or placement in ineligibility status under the provision of 24 CFR, Part 4. 10 21. Lead Based Paint. The SUBRECIPIENT and all subcontractors, if any, shall comply with the requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C., Section 4821-4846) and implementing regulations issued pursuant thereto (24 CFR, Part 35). 22. Flood Insurance. No site proposed on which renovation, major rehabilitation, or conversion of a building, is to be assisted under this part, other than by grant amounts allocated to the state, maybe located in an area that has been identified by the Federal Emergency Management Agency as having special flood hazards, unless the community in which the areas is situated is participating in the National Flood Insurance Program and the regulations issued thereunder (44 CFR, Parts 59-79) or less than a year has passed since the Federal Emergency Management Agency notification regarding such hazards, and the SUBRECIPIENT will ensure that flood insurance on the structure is obtained in compliance with Section 102(a) of the Flood Disaster Protection Act of 1973, (42 U.S.C., Section 4001 et. seq.). 23. Notice. Any notices required or desired to be served by either party upon the other shall be addressed to respective parties as set forth below (or to such other addresses as from time to time maybe designated, in writing, by the respective parties): AS TO AGENCY: AS TO SUBRECIPIENT: Emil Marzullo, Interim Executive Director Jessica Alexander Economic Development Agency Operation Grace 201 North "E" Street, Suite 301 1595 E. Art Townsend Drive San Bernardino CA 92401-1507 San Bernardino, CA 92408 24. Binding Successors. The SUBRECIPIENT, its heirs, assigns and successors in interest shall be bound by all the provisions contained in this Agreement, and all of the parties thereto shall be jointly and severally liable hereunder. Z5. Assurances. The SUBRECIPIENT certifies that it has the legal authority to enter into and meet the requirements of this Agreement. 11 26. Legal Proceedings. Should any legal proceedings be commenced to enforce, enjoin, or collect funds or otherwise affect this Agreement between the parties it should be filed in San Bernardino County Superior Court. The prevailing party shall be entitled to recover its reasonable legal fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City and Agency shall be considered as "legal fees" for the purposes of this section. 27. Entire A reement. This Agreement is intended by the parties hereto as the final and exclusive expression of these provisions contained in this Agreement and it supersedes and replaces any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement maybe modified or changed only upon the written consent of the parties hereto. 28. No Third Party Beneficiaries. No third party shall be deemed to have any rights hereunder against any of the parties hereto as a result of this Agreement. //// //// //// //// //// //// //// 12 IN WITNESS WHEREOF, the parties hereto have hereunto their hands and seals this day and year first above written. CITY OF SAN BERNARDINO Operation Grace a California non-profit corporation Fred ~ s ,City Manager sec ~ irector ATTEST City o f S an B ernardino City Cler Approved as to form: / r.; James F. Penrn ,City Attorney 13 ~ Example f~~ ~m Do Not Cc~ z f ., , ' ~ ~ Exhibit "A" EMERGENCY SHELTER GRANT ,. San Bernar Ino MONTHLY ACCOMPLISHMENT FOR THE MONTH OF: FY 2008/2009 SM Subrecipient Name: Total Number of Individuals Served this Month: Project/Service Locations 1. # of Beds: 2. # of Beds: 3, # of Beds: Of the beds indicated above, please indicate the number of: Emergency Shelter Beds Transitional Beds Permanent Housing Beds Of the Individuals Served this Month, Indicate the Number of Shelter Nights/Hours Served: Beneficiaries -Indicate the Number of: Unaccompanied Men: Unaccompanied Female Youth (Under 18): Unaccompanied Women: Unaccompanied Male Youth (Under 18): Single Parent Family: Adult Couple without Children: Two Parent Family: Don't Know: Amount of ESG Reimbursement Rehabilitation: $ 0 Maintenance and Operations: $ Essential Services: $ Administration: $ 0 Homeless Prevention: $ Indicate the Programs) and Service(s) Provided by Your Omanization: ? Emergency Shelter Facility ? Transitional Shelter ? Vouchers for Shelters ? Outreach ? Drop-In Center ? Soup Kitchen/Meal Distribution ? Food Pantry ? Health Care ? Mental Health ? HIV/AIDS Services ? Alcohol/Drug Program ? Employment ? Child Care ? Homeless Prevention ? Other: Residential tEmer~ency or Transitional Shelters) Number of Adults Served: Number of Children Served: 1 of 4 ~ ~ Non-Residential Services Number of Adults and Children Served: Emergency or Transitional Shelters Unaccompanied 18 and Over: Male: Female: Total: Unaccompanied Under 18: Male: Female: Total: Number of Family Households with Children Headed bv: Single 18 and Over: Male: Female: Total: Single under 18: Male: Female: Total: Two Parents 18 and Over: Total: Two Parents under 18: Total: Number of Family Households with no Children: Total: Emergency or Transitional Shelters List the number of persons for each subpopulation you serve. If you serve subpopulations that fit more than one category, you may place overlapping numbers (duplicate persons) on the appropriate lines. Chronically Homeless (Emergency Shelter Only): Severely Mentally III: Chronic Substance Abuse: Other Disability: Veterans: Persons with HIV/AIDS: Victims of Domestic Violence: Elderly: Shelter Tyne and Number of Persons Housed in: Barracks: Single Room Occupancy: Group/Large House: Mobile Home/Trailer: Scattered Site Apartment: Hotel/Motel: Single Family Detached House: Other: 2 of 4 i~ Number of Persons Served (Including Residential and Non-Residential Services) Subrecipients providing Emergency or Transitional Shelter are required to report the total number of adults and children served. This should be an actual unduplicated count, not an estimate or point-in-time count. This means that regardless of how many nights a persons stays in a shelter, they are counted once. For example, Jane Doe stays in Mary's Shelter for 60 nights; she is counted as one person served -not 60. Ethnic Background White: Black/African American: Asian: American Indian/Alaskan Native: Native Hawaiian/Pacific Islander: American Indian/Alaska Native & White: Asian & White: Black or African American & White: Hispanic: Other Multi-Racial: Total: Match Contribution/Cash Value Sources of Local Match (Other Federal, including pass-through funds, e.g., City CDBG, County FEMA, etc.) Type: Match Amount: Type: Match Amount: Type: Match Amount: State/Local Government Funding (e.g., State Housing Trust Funds, Local Assessment, etc.) Type: Match Amount: Type: Match Amount: Type: Match Amount: Private (including recipient) Funding: Fund Raising/Cash: $ New Staff Salaries: $ Loans: $ Donated Computers: $ Building Value or Lease: $ Donated Goods: $ Volunteers @ $10.00 per Hour: $ Volunteers Medical/Legal: $ 3 of 4 • ~ • Please provide a narrative of your organizations accomplishments during this reporting period: 4 of 4 P ~ adz,>: %~=~"io. c, 4.r Exhibit "B„ "~.:... ~ ,,,. Economic Development Agency ESG Monthly Budget Breakdown Month: Program Year: 2008-2009 Subrecipient Name: Approved Grant Amount: $ Budgeted REQUEST Balance Amount by Funding Source Amount Available Current Month Year to Date Payee title (Do Not Use Names) :.~~,r9~.J: ~ts~a~.:~.,:: .:,rya. ~ ,~. ~~,.. ~, _ . ~,. ~<,~ ,..?cfi~' m..~ .rs ,u ,..k,_.~..`,z,:~,~"'N~ ..Yr s<,.~a^. p :,s?..,. ~ ~~:~''?'s:,.... ~.P ~~'' .ter ,a w~.x .":"S-~s` . SALARY SUB TOTALS: ~ ~~' ~,~~.~.,~~^.s ,~ > , ~YT„Y'-„K.,.-":~~~ -.;ass. s:~xz~. ,?~.-::3>: zz.`.x~71~~~~x`.a.Cr '..w. ru ~~s "°5~': ~ s~ i~~ ` ..,~ ,;r;,~ .per. ti.. ;_;F,.x ~ icy ~ Y'; ~~k,., a >~',,.: i - ~;, z:: :Fs n.:: ,,~ ...c. -g, wt`~...~,,3h._ ~ ~~;~%^: '~~':~.ng3::.^,.;s. Fa :i: ~:'~~:'^ `~'~;%~~.v~; ...:.,..,::,,. ,: :..a.A _..,... 6. FICA/SUI ~ y.~. 7. Life/Health/Dentallnsurance "~~~ A.. ..~, '~'3'%a: ASS " ~ „ 8. Other (explain & document) •- ~ = "~~~ xx,~::... ;~;,. ; .~,. 9 . a~:'=' ~ ~ ~ ' a nz:~:~,~ ,yN.:~ ....:..:...~, ~:F.:.;~. ., :, ,r.,~ . >rr , emu`:>v BENEFIT SUB-TOTALS: ~,.~ ` ~:~;~~;~..v ~A-. <...a a":.' ,. ~,.. M1'~`~8;>.~"x.' ~ a;'r;::3~> &.,` z,::'.s~'6:: ~~.~."t~',;.ga~°: . , .t.s.~... ~°.~I., ~.:av>.- ~~m,S~ 11. Accounting/Bookkeeping -~" ~ 12. Rent ' 13. Utilities ~ 14. Insurance ~~' . 15. Office Supplies :~Ar " K 16. Travel ` ` 17. Consumable Supplies ` " ~:..A, ~ ~.,~ w~~r: 18. Other '~> ` Yxw~~. -: . x ' a " • . 19. Y' »;~'o">uo- .~,3:c. iia:¢:~~':;;r~~ is t..,'`~^~~'a'.~-~`2z; `s"o; s ,,, ." :, n '. r OTHERSUB-TOTALS ~ ~ ~~~-~ ~;`g x ~ ~";: a n c . Y ,. , <.r. MONTHLY GRAND TOTALS ~ ~ "n i x' _ " ~ ~.'~>.". '' Y' ..L.Ylb .v. 4.. Please attach supporting invoices and documentation. 1 ESG SUBRECIPIENT AGREEMENT (Public Services Program) between THE CITY OF SAN BERNARDINO and OPTION HOUSE, INC. i f AGREEMENT FOR USE OF EMERGENCY SHELTER GRANT FUNDS THIS AGREEMENT, entered in this 1st day of July, 2008 by and between the CITY OF SAN BERNARDINO, (hereinafter referred to as the "CITY") and Option House, Inc., a California non-profit corporation, (hereinafter referred to as the "SUBRECIPIENT"); WITNESSETH WHEREAS, pursuant to Subtitle "B" of the Stewart B. McKinney Homeless Assistance Act of 1987 (Public Law 100-77), (hereinafter referred to as the "Act"), the CITY has been awarded Emergency Shelter Grant Program ("ESGP") funds which are to be used to improve the quality of existing emergency shelters for the homeless, to help make available additional emergency shelters, and to help meet the costs of operating emergency shelters and of providing certain essential social services to homeless individuals, and; WHEREAS, the CITY desires to contract with non-profit corporations for the use of ESGP funds to provide various services for homeless individuals, and; WHEREAS, the SUBRECIPIENT as anon-profit corporation, is eligible under the Act to receive ESGP funds to provide those services as described herein. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Term. The term of this Agreement shall be for a period commencing on July 1, 2008, and terminating on June 30, 2009, or as otherwise provided for in Section 5 herein. Z. Scope of Services. The SUBRECIPIENT promises and agrees to provide certain emergency shelter grant program services for homeless persons by utilizing the sum of Fifteen Thousand and 00/100 Dollars ($15,000) in ESGP funds to provide various services to homeless families and individuals complying with the requirements of this Agreement for eligible families and individuals as set forth below in this Section 2, and the SUBRECIPIENT shall complete the insertion of the requisite information in the form titled "Monthly Accomplishment Report" the form of which shall be completed monthly and submitted to the Agency and such form is attached hereto as Exhibit "A", and by this reference, incorporated herein. The SUBRECIPIENT shall also provide homeless individuals with assistance in obtaining (i) appropriate supportive services, including permanent housing, physical and mental health treatment, counseling, supervision, and other services essential for achieving independent living, and; (ii) other federal, state, local and private assistance provided hereunder shall be in full conformity with the Act, and any amendments thereto, and the federal regulations and guidelines now, or hereinafter enacted pursuant to the Act. 1 3. Matching Funds. The SUBRECIPIENT must supplement its emergency shelter grant amounts with an equal amount of funds from sources other than those provided herein and from non- federal sources. These funds must be provided after the date of the grant award to the SUBRECIPIENT. The SUBRECIPIENT may comply with this requirement by providing the supplemental funds itself, or voluntary efforts or gifts in kind provided to the SUBRECIPIENT, as appropriate. 4. Calculating the Matching Amount. In calculating the amount of supplemental funds, there may be included the value of any donated material or building(s), the value of the lease(s) on the building(s); any salary paid to staff of the SUBRECIPIENT, or to any State or non-profit recipient, as appropriate, in carrying out the Emergency Shelter Grant Program; and the time and services contributed by volunteers to carry out the ESGP, determined at the rate of $5.00 per hour. For purposes of this Section 4, the SUBRECIPIENT upon concurrence of the Executive Director (the "Administrator") of the Redevelopment Agency of the City of San Bernardino ("Agency"), the Administrator of the ESG Program, will determine the value of any donated material or building(s) or any lease(s), or furnishings and equipment using any method reasonably calculated to establish a fair market value. 5. Termination. (a) Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. (b) Notwithstanding the provisions of Section 5(a), the CITY may suspend or terminate this Agreement forthwith for cause, upon written notice to the SUBRECIPIENT of the action being taken. Cause shall be established, (i) in the event the SUBRECIPIENT fails to perform the covenants herein contained; (ii) in the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable, or; (iii) in the event the funding from the United States Department of Housing and Urban Development (HUD), refer-ed to in the recitals herein, is reduced, terminated or otherwise becomes unavailable. The CITY shall provide written notice to the SUBRECIPIENT within ten (10) working days from the date HUD reduces, suspends or terminates the ESGP funding. This Agreement may, at the discretion of the Administrator of the CITY, be either terminated or amended to reflect said reduction of funds. (c} Upon termination of this Agreement, the SUBRECIPIENT agrees to return any unencuimbered funds which it has been provided by the CITY. In accepting said funds, the CITY does not waive any claim or cause of action it may have against the SUBRECIPIENT for breach of this Agreement. 2 f t (d) Upon termination of this Agreement, the SUBRECIPIENT shall not incur any obligations after the effective date of such termination. (e) Any provisions for inspection and audits relative to the expenditure of funds provided for hereunder shall not be ended upon the date of any termination but shall continue thereafter as specified herein. (f) SUBRECIPIENT will be required to cooperate and work in collaboration with City departments, to include but not limited to: Police Department, Fire Department and Code Compliance and the Agency in an effort to promote the well-being of citizens and aid in reduction of crime, blight and unsafe living conditions. From time to time, SUBRECIPIENT may be required to attend meetings to be held at the Agency. Failure to cooperate may result in the termination of this Agreement in accordance with Section 5. Termination. of this Agreement. 6. Payment of Funds. The Mayor and Common Council of the CITY shall determine the final disposition and distribution of all funds received by the CITY under the Act. On behalf of the CITY, the Agency shall make payments of ESGP funds to the SUBRECIPIENT based upon the information submitted in the form titled "Monthly Accomplishment Report" as attached hereto as Exhibit "A" and the Agency shall monitor the expenditure of funds and activities of the SUBRECIPIENT to ensure compliance with applicable federal regulations and the terms of this Agreement. The SUBRECIPIENT shall establish and maintain a separate account for all ESGP funds received under this Agreement and deposit all such funds in said account. All disbursements of ESGP funds by the Agency will be made in the following manner: (a) Payments shall be made on a reimbursement basis and made within thirty (30) days after the SUBRECIPIENT has submitted written notice identifying payments made and requesting reimbursement. Payments shall be based on documented expenses by the SUBRECIPIENT, in the form of Exhibit "B", titled "Budget Breakdown", approved by the Administrator, or his/her designee, upon each submittal, which form when completed shall include all the information required therein as a condition precedent for the commitment of the Agency to remit the reimbursements to the SUBRECIPIENT of the ESGP funds. The Agency shall reimburse on a monthly basis, 1/12 of the SUBRECIPIENT's ESGP funds. (b) In no event shall the CITY or the Agency, or any of its officers, agents or employees, be held Liable for expenses incurred by the SUBRECIPIENT in excess of the ESGP allocation noted in Section 2, entitled "Scope of Services." . 3 (c) Payments may be withheld if, on a determination by the Administrator, the SUBRECIPIENT has not complied with the covenants herein contained at such times, and in such manner as provided in this Agreement. (d) No later than thirty (30) days prior to the date set forth herein for termination of this Agreement, the SUBRECIPIENT shall provide the CITY or Agency with its estimate of the amount of funds which will remain unexpended upon such termination. Notwithstanding any provisions contained in this Section 6, the Agency, through its Administrator, shall thereafter, upon reasonable notice provide to the SUBRECIPIENT, have the right to (i) reduce the payment of funds hereunder, (ii) renegotiate the actual levels of expenditures in the event the SUBRECIPIENT's rate of expenditures will result in unexpended funds at the expiration of this Agreement, and/or; (iii} re-program funds associated with this Agreement in which the Administrator finds there has been no substantial progress or activity. 7. Documentation, Reports, Inspections and Performance Evaluations. (a) Documentation of Expenditures. All expenditures supported by properly executed payrolls, time records, invoices, contracts, vouchers, receipts, orders and any other accounting documentation pertaining, in whole or in part, to this Agreement, shall be clearly identified and readily accessible. The SUBRECIPIENT shall maintain and keep available all such documents for a period of not less than three (3) years from the termination of this Agreement, if a CITY, Agency, state and/or federal audit has occurred within six (6) months prior to date of termination, and for a period of not less than five (5} years from said date if such audit has not occurred. In the event of audit exception, such documentation shall be maintained until every exception has been cleared to the satisfaction of the auditing authority. (b) Reports• The SUBRECIPIENT, at such times and on such forms as the Agency may require, shall furnish the Agency such statements, records, reports, data and information as the Agency may request pertaining to its performance of services hereunder and other matters covered by this Agreement. The SUBRECIPIENT shall establish and maintain records in accordance with the Office of Management and Budget (OMB} Circulars Numbered A-110 and A-1 I2, respectively, as applicable to the acceptance and use of emergency shelter grants. (c) Inspections. The SUBRECIPIENT shall make available to the CITY and/or Agency, state and/or federal officials its records and data with respect to all matters covered by this Agreement for inspection and audit, which inspection and audit may be made at any time after reasonable notice. The SUBRECIPIENT shall comply with the audit requirements of OMB Circular Number A-110, as applicable, and as they relate to the acceptance and use of federal funds under this Agreement. 4 (d) Performance Evaluations. The SUBRECIPIENT shall permit CITY and/or Agency, state and/or federal officials to monitor, assess or evaluate the SUBRECIPIENT's performance under this Agreement on at least a monthly basis, said monitoring, assessment or evaluation to include, but not be limited to, audits, inventory, inspections within the program area, and interviews with the SUBRECIPIENT's employees, agents, independent contractors and subcontractors, providing the services under this Agreement and recipients thereof. (e) This Agreement contemplates that the SUBRECIPIENT will pay salaries, utilities and furnishings with the monies that will be remitted to the SUBRECIPIENT as reimbursement amounts pursuant to Section 6(a) and in accordance with Exhibit "B", "Budget Breakdown", as shall be submitted by the SUBRECIPIENT to the Agency for each reimbursement request and Section 2 Scope of Services, of this Agreement. S. Building or Facility. (a) Any building for which emergency shelter grant amounts are used for renovation, conversion, or major rehabilitation, must meet local safety and sanitation standards. (b) When ESGP funds are utilized to provide emergency shelter for the homeless in hotels or motels or other commercial facilities providing transient housing, (i) the SUBRECIPIENT, at the request of the CITY and/or Agency, shall execute an Agreement with the provider of such housing which provides that comparable Living space, in terms of quality, available in the facility for use as emergency shelters for at least the same period of time as provided in Section 9 herein, and; (ii) leases negotiated between the SUBRECIPIENT and the provider of such housing shall make available such living space at substantially less than the daily room rate otherwise charged by the facility and; (iii) the SUBRECIPIENT shall certify, in writing, to CITY and/or Agency that it has considered using other facilities as emergency shelter for the homeless in the City. (c) The SUBRECIPIENT shall ensure that any building or facility is utilized exclusively for secular purposes and is made available to all persons regardless of religion. If ESGP funds are used to renovate, rehabilitate, or convert buildings owned by primarily religious organization or entities, the SUBRECIPIENT shall comply with the provisions of Title 24, Code of Federal Regulations, Part 575.21(b)(2). (d) The SUBRECIPIENT shall comply with the Uniform Federal Accessibility Standards (24 CFR, Part 40, Appendix "A"), when activities funded by the ESGP involve major rehabilitation or conversion. 5 9. Maintenance as a Homeless Facility. (a) The SUBRECIPIENT shall maintain any building for which ESGP funds are used for not less than a three (3) year period, or for not less than a ten (10) year period if the grant amounts are used for major rehabilitation or conversion of the building. (b) The three (3) or ten (10) year periods begin to run, (i) on the date of initial occupancy as an emergency shelter for the homeless when the building utilized was not operated as an emergency shelter for the homeless before receiving ESGP funds, or; (ii) on the date that ESGP funds are first obligated to the shelter when the building was operated as an emergency shelter before receiving ESGP funds, or; (ii) on the date that ESGP funds are first obligated to shelter when the building was operated as an emergency shelter before receiving ESGP funds. (c) When ESGP funds are used exclusively to provide essential services including, but not limited to, services concerned with emplo}nnent, physical or mental health, substance abuse, education, food, equipment or furnishings, the time periods noted in (a) above are not applicable. 10. Independent Capacity. The SUBRECIPIENT, and its officers, employees and agents, shall act in an independent capacity during the term of this Agreement and shall not act as, shall not be, nor shall they in any manner be construed to be officers, employees, or agents of the CITY and/or the Agency or the State of California. 11. Assignability. The SUBRECIPIENT cannot assign any of its rights, duties or obligations pursuant to this Agreement to any person or entity without the prior written consent of the CITY or the Agency. This includes the ability to subcontract all, or a portion of, its rights, duties and obligations hereunder. 12. Insurance. The SUBRECIPIENT shall during the term of this Agreement: (a) Procure and maintain Workers' Compensation Insurance as prescribed by the laws of the State of California. (b) Procure and maintain comprehensive general and automobile liability insurance as shall protect the SUBRECIPIENT from claims for damages for personal injury, including accidental and wrongful death, as well as from claims for property damage, which may arise from activities or programs under this Agreement, 6 whether such activities or programs by the SUBRECIPIENT, by any subcontractor or by any officer, employee or agent of either of them. Such insurance shall name the CITY and the Agency, their officers, officials, attorneys, agents, employees, volunteers and independent contractors as additional insureds with respect to this Agreement and the obligations of the SUBRECIPIENT hereunder. Such insurance shall provide for combined coverage limits of not less than $1,000,000 per occurrence. (c) Furnish the CITY and the Agency with policies of insurance, prior to request for first reimbursement for ESGP funds showing that such insurance is in full force and effect, and that the CITY and the Agency are named as additional insureds with respect to this Agreement and the obligations of the SUBRECIPIENT hereunder. Further, said policies shall contain the covenant of the insurance carver that thirty (30) days written notice will be given to the CITY and the Agency prior to modification, cancellation, or reduction in coverage of such insurance. 13. Hold Harmless. The SUBRECIPIENT shall indemnify and hold the CITY and the Agency, their officers, officials, attorneys, agents, employees, volunteers and independent contractors free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of the SUBRECIPIENT, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. The specific insurance coverage required in Section 12 shall in no way limit or circumscribe the SUBRECIPIENT'S obligation to indemnify and hold the CITY and the Agency harmless as set forth in this Section 13. 14. Federal Requirement. (a) The SUBRECIPIENT shall comply with the provisions of the Act, and any amendments thereto, and the federal regulations and guidelines now or hereinafter enacted pursuant to the Act. More particularly, the SUBRECIPIENT is to comply with those regulations found in Part 575 of Title 24 of the Code of Federal Regulations and OMB Circulars Numbered A-110 and A-112, respectively, and appropriate attachments for non-profit organization contractors. (b) The SUBRECIPIENT represents that it is, or may be, a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by, or in connection with, a religious or denominational institution or organization. (c) The SUBRECIPIENT agrees that, in connection with the services to be provided hereunder, (i) it will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give 7 preference in employment to persons on the basis of religion; (ii) it will not discriminate against any person applying for such services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii) it will provide no religious instruction or counseling, conduct no religious workshop or services, engage in no religious proselytizing and exert no other religious influence in the provision of such services; (iv) the portion of a facility used to provide services assisted, in whole or in part, under this Agreement shall contain no sectarian or religious symbols or decorations, and; (v) the funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the SUBRECIPIENT in which the services are to be provided; provided that, minor repairs may be made if such repairs are directly related to the services; are located in a structure used exclusively for non-religious purposes, and; constitute in dollar terms only a minor portion of the ESGP expenditure for the public services. (d) The SUBRECIPIENT shall comply with the Housing and Community Development Act (HCD Act) of 1992 (Public Law 102-550, approved October 28, 1992), which requires the involvement of, to the extent practicable, homeless individuals and families and operating facilities assisted under the ESGP in providing services for occupants of these facilities (42 U.S.C. 11375(c)(7), as added by Section 1402 (b)). (e) The SUBRECIPIENT shall comply with HCD Act, Section 1402 (d), which requires that termination of assistance to any individual or family be in accordance with a formal process, which may include a hearing, established by the SUBRECIPIENT. 15. Compliance with Law. The SUBRECIPIENT shall comply with all federal, state and local laws and regulations pertinent to its operation and services to be performed hereunder, and shall keep in effect any and all licenses, permits, notices and certificates as are required thereby. The SUBRECIPIENT shall further comply with all laws applicable to wages and hours of employment, occupational safety and to fire safety, health and sanitation. 16. Comprehensive Homeless Assistance Plan. The SUBRECIPIENT shall cooperate with the CITY and the Agency in undertaking emergency shelter grant activities and shall assist the CITY and the Agency in carrying out the Comprehensive Homeless Assistance Plan and any other applicable strategies implemented by the CITY and the Agency and shall act in conformity therewith. 17. Non-Discrimination and Equal Opportunity Compliance. The SUBRECIPIENT hereby certifies compliance with the following: 8 (a) Executive Order Number 11246, as amended, and the regulations issued thereunder at Title 41, Code of Federal Regulations, Chapter 60; (b) Title VI and Title VII of the Civil Rights Act of 1964 (423 U.S.C. Section 2000(d) et. seq.), as amended by the Equal Opportunity Act of March 24, 1972, (Public Law Number 92-261); (c) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601-3619) and implementing regulations issued pursuant thereto (24 CFR, Part I (d) Executive Order Number 11063 and implementing regulations issued pursuant thereto (25 CFR, Part 107); (e) Age Discrimination Act of 1975 (42 U.S.C., Sections 6101-6107); (f) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794), and; (g) Executive Orders Numbered 11625, 12432 and 12138 consistent with HUD's responsibilities under these Orders, the SUBRECIPIENT must make efforts to encourage the use of minority and women owned business enterprises in connection with ESGP activities; (h) The SUBRECIPIENT shall establish and maintain a procedure through which homeless individuals will be informed of the facilities and services available to all on a nondiscriminatory basis. (i) SUBRECIPIENT agrees to abide by, and include in any subcontracts to perform work under this Agreement, the following clause: "During the performance of this Agreement, the SUBRECIPIENT and its subcontractors shall not unlawfully discriminate against any employee or application for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40), or sex. The SUBRECIPIENT and subcontractors shall ensure that the evaluation and treatment of their employees and applications for employment are free of such discrimination. The SUBRECIPIENT and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et. seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990, set forth in Chapter five (5) of Division four (4) of Title two (2) of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if fully set forth at length. 9 The SUBRECIPIENT and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other agreement." (j) The equal opportunity clause continued in Section 202 of Executive Order Number 11246, as amended, is hereby incorporated into this Agreement by this reference. (k) During the performance of this Agreement, the SUBRECIPIENT and its subcontractors, if any, shall not deny the benefits rendered hereunder to any person on the basis of religion, color, ethnic group identification, sex, age or physical or mental disability. (1) The SUBRECIPIENT shall furnish all information and reports as required by Executive Order Number 11246, as amended. (m) The SUBRECIPIENT shall include the non-discrimination and compliance provisions of the equal opportunity clause in all subcontracts, if any. 18. Affirmative Action Compliance. Each SUBRECIPIENT or subcontractor with less than fifty (50) employees shall comply with Section 202, Part II, of Executive Order Number 11246, as amended. The SUBRECIPIENT shall ensure that subcontractors, if any, falling within the scope of this provision shall comply in full with the requirements thereof 19. Conflict of Interest. No person who is (i) an employee, agent, consultant, officer, or elected or appointed official of the CITY, the Agency, state or the SUBRECIPIENT that receives ESGP funds and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or; (ii) in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or those with whom he or she has family or business ties, during his or her tenure or for one (1) year thereafter. 20. Eligibility of Contractors and Subcontractors. No ESGP funds allocated to the SUBRECIPIENT through this Agreement may be used, directly or indirectly, to employ, award contracts to, or otherwise engage the services of, or purchase the goods of, or fund any contractor or subcontractor during any period of debarment, suspension, or placement in ineligibility status under the provision of 24 CFR, Part 4. 10 21. Lead Based Paint. The SUBRECIPIENT and all subcontractors, if any, shall comply with the requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C., Section 4821-4846) and implementing regulations issued pursuant thereto (24 CFR, Part 35). 22. Flood Insurance. No site proposed on which renovation, major rehabilitation, or conversion of a building, is to be assisted under this part, other than by grant amounts allocated to the state, maybe located in an area that has been identified by the Federal Emergency Management Agency as having special flood hazards, unless the community in which the areas is situated is participating in the National Flood Insurance Program and the regulations issued thereunder (44 CFR, Parts 59-79) or less than a year has passed since the Federal Emergency Management Agency notification regarding such hazards, and the SUBRECIPIENT will ensure that flood insurance on the structure is obtained in compliance with Section 102(a} of the Flood Disaster Protection Act of 1973, (42 U.S.C., Section 4001 et. seq.). 23. Notice. Any notices required or desired to be served by either party upon the other shall be addressed to respective parties as set forth below (or to such other addresses as from time to time maybe designated, in writing, by the respective parties): AS TO AGENCY: AS TO SUBRECIPIENT: Emil Marzullo, Interim Executive Director Velda Griffin Economic Development Agency Option House, Inc. 201 North "E" Street, Suite 301 P.O. Box 970 San Bernardino CA 92401-1507 San Bernardino, CA 92402 24. Binding Successors. The SUBRECIPIENT, its heirs, assigns and successors in interest shall be bound by all the provisions contained in this Agreement, and all of the parties thereto shall be jointly and severally liable hereunder. 25. Assurances. The SUBRECIPIENT certifies that it has the legal authority to enter into and meet the requirements of this Agreement. 11 26. Legal Proceedings. Should any legal proceedings be commenced to enforce, enjoin, or collect funds or otherwise affect this Agreement between the parties it should be filed in San Bernardino County Superior Court. The prevailing party shall be entitled to recover its reasonable legal fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City and Agency shall be considered as "legal fees" for the purposes of this section. 27. Entire Agreement. This Agreement is intended by the parties hereto as the final and exclusive expression of these provisions contained in this Agreement and it supersedes and replaces any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be modified or changed only upon the written consent of the parties hereto. 28. No Third Party Beneficiaries. No third party shall be deemed to have any rights hereunder against any of the parties hereto as a result of this Agreement. //// //// //// //// //// //// //// 12 IN WITNESS WHEREOF, the parties hereto have hereunto their hands and seals this day and year first above written. CITY OF SAN BERNARDINO Option House, Inc. a California non-prof corporation Fred i s ,City Manager Executive Director ATTEST City of San Bernardino ~., City Clerk Approved as to form: /f' ~ l ,, ` I ~ .~P~~~ James F. Pe an, City Attorney 13 I ~' . I ~ Example Form x~~~,: x ~ ~~Nat~Cample~e ~ Exhibit «A„ =g ~,:, ~ ~ EMERGENCY SHELTER GRANT San Bernar ~Ino MONTHLY ACCOMPLISHMENT FOR THE MONTH OF: FY 2008/2009 Subrecipient Name: Total Number of Individuals Served this Month: Project/Service Locations 1. # of Beds: 2. # of Beds: 3. # of Beds: Of the beds indicated above, please indicate the number of: Emergency Shelter Beds Transitional Beds Permanent Housing Beds Of the Individuals Served this Month, Indicate the Number of Shelter Nights/Hours Served: Beneficiaries -Indicate the Number of: Unaccompanied Men: Unaccompanied Female Youth (Under 18): Unaccompanied Women: Unaccompanied Male Youth (Under 18~: Single Parent Family: Adult Couple without Children: Two Parent Family: Don't Know: Amount of ESG Reimbursement Rehabilitation: $ 0 Maintenance and Operations: $ Essential Services: $ Administration: $ 0 Homeless Prevention: $ Indicate the Program(s) and Service(s) Provided by Your Organization: ? Emergency Shelter Facility ? Transitional Shelter ? Vouchers for Shelters ? Outreach ? Drop-In Center ? Soup Kitchen/Meal Distribution ? Food Pantry ? Health Care ? Mental Health ? HIV/AIDS Services ? Alcohol/Drug Program ? Employment ? Child Care ? Homeless Prevention ? Other: Residential ~Emergen_cy or Transitional Shelters) Number of Adults Served: Number of Children Served: 1 of 4 r ~ Non-Residential Services Number of Adults and Children Served: Emergency or Transitional Shelters Unaccompanied 18 and Over: Male: Female: Total: Unaccompanied Under 18: Male: Female: Total: Number of Family Households with Children Headed by: Single 18 and Over: Male: Female: Total: Single under 18: Male: Female: Total: Two Parents 18 and Over: Total: Two Parents under 18: Total: Number of Family Households with no Children: Total: Emergency or Transitional Shelters List the number of persons for each subpopulation you serve. If you serve. subpopulations that fit more than one category, you may place overlapping numbers (duplicate persons) on the appropriate lines. Chronically Homeless (Emergency Shelter Only): Severely Mentally III: Chronic Substance Abuse: Other Disability: Veterans: Persons with HIV/AIDS; Victims of Domestic Violence: Elderly: Shelter Type and Number of Persons Housed in: Barracks: Single Room Occupancy: Group/Large House: Mobile Home/Trailer: Scattered Site Apartment: Hotel/Motel: Single Family Detached House: Other: 2 of 4 r ~ Number of Persons Served (~Including Residential and Non-Residential Services Subrecipients providing Emergency or Transitional. Shelter are required to report the total number of adults and children served. This should be an actual unduplicated count, not an estimate or point-in-time count. This means that regardless of how many nights a persons stays in a shelter, they are counted once. For example, Jane Doe stays in Mary's Shelter for 60 nights; she is counted as one person served -not 60. Ethnic Background White: Black/African American: Asian: American Indian/Alaskan Native: Native Hawaiian/Pacific Islander: American Indian/Alaska Native & White: Asian & White: Black or African American & White: Hispanic: Other Multi-Racial: Total: Match ContributionlCash Value Sources of Local Match (Other Federal, including pass-through funds, e.g., City CDBG, County FEMA, etc.) Type: Match Amount: Type: Match Amount: Type: Match Amount: State/Local Government Funding (e.g., State Housing Trust Funds, Local Assessment, etc.) Type: Match Amount: Type: Match Amount: Type: Match Amount: Private (including recipient) Funding: Fund Raising/Cash: $ New Staff Salaries: $ Loans: $ Donated Computers: $ Building Value or Lease: $ Donated Goods: $ Volunteers @ $10.00 per Hour: $ Volunteers Medical/Legal: $ 3 of 4 s • Please provide a narrative of your organizations accomplishments during this reporting period: 4 of 4 • h« -Ex~rr~pearm Do Nat Complete Exhibit „B„ ~~~Y Economic Development Agency ESG Monthly Budget Breakdown .Month: Program Year: 2008-2009 Subrecipient Name: Approved Grant Amount: $ Budgeted REQUEST Balance Amount by Funding Source Amount Available Current Month Year to Date Payee title (Do Not Use Names) 1. $ rtf4.00 2. $ X00 ~ e ~ 3. r 5. $ 0.00 SALARY SUB-TOTALS: `$ Q.00 ; ~0.~0 $ ~ ,00 , ~ ~ ,.,_.. . , . 6. FICA/SUI ~~9 1/'~' ffy 1=.v O ~'N~1 ~...' `fir 7. Life/Health/Dental Insurance :~"~-;~ ,~ 8. Other (explain & document) ~ :•.'" Q.~ 9. ~ ~~00 10. ~ s .,00 s~ ;c.:: BENEFIT SUB-TOTALS: ~ 0.~ ~ ° Op ~ ? ~, b . , .-". 11. Accounting/Bookkeeping ~ `-~ °z, 12. Rent 13. Utilities 14. Insurance 15. Office Supplies 16. Travel `~' ~ 17. Consumable Supplies 18. Other .~a,Ns 19. ~h e OTHER SUB-TOTALS ~ ~ ~ ~- i e ~ ~ . s .,ssm~~:~'.,^r~,ik~~,.,~Yk. x:,: 4Y,.£ < , x~.~.`~~i 'a.s .,^%~?.~H.~.F. r .v, ,. ,.... ..:............, ......:....M ~.,;; ., .,. .,.x MONTHLY GRAND TOTALS Please attach supporting invoices and documentation. 1 r ESG SUBRECIPIENT AGREEMENT (Public Services Program) between THE CITY OF SAN BERNARDINO and TIME FOR CHANGE FOUNDATION r ~ AGREEMENT FOR USE OF EMERGENCY SHELTER GRANT FUNDS THIS AGREEMENT, entered in this 1st day of July, 2008 by and between the CITY OF SAN BERNARDINO, (hereinafter referred to as the "CITY") and Time For Change Foundation, a California non-profit corporation, (hereinafter referred to as the "SUBRECIPIENT"); WITNESSETH WHEREAS, pursuant to Subtitle "B" of the Stewart B. McKinney Homeless Assistance Act of 1987 (Public Law 100-77), (hereinafter referred to as the "Act"), the CITY has been awarded Emergency Shelter Grant Program ("ESGP") funds which are to be used to improve the quality of existing emergency shelters for the homeless, to help make available additional emergency shelters, and to help meet the costs of operating emergency shelters and of providing certain essential social services to homeless individuals, and; WHEREAS, the CITY desires to contract with non-profit corporations for the use of ESGP funds to provide various services for homeless individuals, and; WHEREAS, the SUBRECIPIENT as anon-profit corporation, is eligible under the Act to receive ESGP funds to provide those services as described herein. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Term. The term of this Agreement shall be for a period commencing on July 1, 2008, and terminating on June 30, 2009, or as otherwise provided for in Section 5 herein. 2. Scope of Services. The SUBRECIPIENT promises and agrees to provide certain emergency shelter grant program services for homeless persons by utilizing the sum of Eleven Thousand and 00/100 Dollars ($11,000) in ESGP funds to provide various services to homeless families and individuals complying with the requirements of this Agreement for eligible families and individuals as set forth below in this Section 2, and the SUBRECIPIENT shall cornplete the insertion of the requisite information in the form titled "Monthly Accomplishment Report" the form of which shall be completed monthly and submitted to the Agency and such form is attached hereto as Exhibit "A", and by this reference, incorporated herein. The SUBRECIPIENT shall also provide homeless individuals with assistance in obtaining (i) appropriate supportive services, including permanent housing, physical and mental health treatment, counseling, supervision, and other services essential for achieving independent living, and; (ii) other federal, state, local and private assistance provided hereunder shall be in full conformity with the Act, and any 1 r ~ amendments thereto, and the federal regulations and guidelines now, or hereinafter enacted pursuant to the Act. 2 r ~ 3. Matching Funds. The SUBRECIPIENT must supplement its emergency shelter grant amounts with an equal amount of funds from sources other than those provided herein and from non- federal sources. These funds must be provided after the date of the grant award to the SUBRECIPIENT. The SUBRECIPIENT may comply with this requirement by providing the supplemental funds itself, or voluntary efforts or gifts in kind provided to the SUBRECIPIENT, as appropriate. 4. Calculating the Matching Amount. In calculating the amount of supplemental funds, there may be included the value of any donated material or building(s), the value of the lease(s) on the building(s); any salary paid to staff of the SUBRECIPIENT, or to any State or non-profit recipient, as appropriate, in carrying out the Emergency Shelter Grant Program; and the time and services contributed by volunteers to carry out the ESGP, determined at the rate of $5.00 per hour. For purposes of this Section 4, the SUBRECIPIENT upon concurrence of the Executive Director (the "Administrator"} of the Redevelopment Agency of the City of San Bernardino ("Agency"), the Administrator of the ESG Program, will determine the value of any donated material or building(s) or any lease(s), or furnishings and equipment using any method reasonably calculated to establish a fair market value. 5. Termination. (a) Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. (b} Notwithstanding the provisions of Section 5(a), the CITY may suspend or terminate this Agreement forthwith for cause, upon written notice to the SUBRECIPIENT of the action being taken. Cause shall be established, (i) in the event the SUBRECIPIENT fails to perform the covenants herein contained; (ii) in the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable, or; (iii) in the event the funding from the United States Department of Housing and Urban Development (HUD), referred to in the recitals herein, is reduced, terminated or otherwise becomes unavailable. The CITY shall provide written notice to the SUBRECIPIENT within ten (10} working days from the date HUD reduces, suspends or terminates the ESGP funding. This Agreement may, at the discretion of the Administrator of the CITY, be either terminated or amended to reflect said reduction of funds. (c) Upon termination of this Agreement, the SUBRECIPIENT agrees to return any unencumbered funds which it has been provided by the CITY. In accepting said funds, the CITY does not waive any claim or cause of action it may have against the SUBRECIPIENT for breach of this Agreement. 3 (d) Upon termination of this Agreement, the SUBRECIPIENT shall not incur any obligations after the effective date of such termination. (e) Any provisions for inspection and audits relative to the expenditure of funds provided for hereunder shall not be ended upon the date of any termination but shall continue thereafter as specified herein. (f) SUBRECIPIENT will be required to cooperate and work in collaboration with City departments, to include but not limited to: Police Department, Fire Department and Code Compliance and the Agency in an effort to promote the well-being of citizens and aid in reduction of crime, blight and unsafe living conditions. From time to time, SUBRECIPIENT may be required to attend meetings to be held at the Agency. Failure to cooperate may result in the termination of this Agreement in accordance with Section 5. Termination. of this Agreement. 6. Payment of Funds. The Mayor and Common Council of the CITY shall determine the final disposition and distribution of all funds received by the CITY under the Act. On behalf of the CITY, the Agency shall make payments of ESGP funds to the SUBRECIPIENT based upon the information submitted in the form titled "Monthly Accomplishment Report" as attached hereto as Exhibit "A" and the Agency shall monitor the expenditure of funds and activities of the SUBRECIPIENT to ensure compliance with applicable federal regulations and the terms of this Agreement. The SUBRECIPIENT shall establish and maintain a separate account for all ESGP funds received under this Agreement and deposit all such funds in said account. All disbursements of ESGP funds by the Agency will be made in the following manner: (a) Payments shall be made on a reimbursement basis and made within thirty (30) days after the SUBRECIPIENT has submitted written notice identifying payments made and requesting reimbursement. Payments shall be based on documented expenses by the SUBRECIPIENT, in the form of Exhibit "B", titled "Budget Breakdown", approved by the Administrator, or his/her designee, upon each submittal, which form when completed shall include all the information required therein as a condition precedent for the commitment of the Agency to remit the reimbursements to the SUBRECIPIENT of the ESGP funds. The Agency shall reimburse on a monthly basis, 1/12 of the SUBRECIPIENT's ESGP funds. (b) In no event shall the CITY or the Agency, or any of its officers, agents or employees, be held liable for expenses incurred by the SUBRECIPIENT in excess of the ESGP allocation noted in Section 2, entitled "Scope of Services." 4 (c) Payments may be withheld if, on a determination by the Administrator, the SUBRECIPIENT has not complied with the covenants herein contained at such times, and in such manner as provided in this Agreement. (d) No later than thirty (30) days prior to the date set forth herein for termination of this Agreement, the SUBRECIPIENT shall provide the CITY or Agency with its estiimate of the amount of funds which will remain unexpended upon such termination. Notwithstanding any provisions contained in this Section 6, the Agency, through its Administrator, shall thereafter, upon reasonable notice provide to the SUBRECIPIENT, have the right to (i) reduce the payment of funds hereunder, (ii) renegotiate the actual levels of expenditures in the event the SUBRECIPIENT's rate of expenditures will result in unexpended funds at the expiration of this Agreement, and/or; (iii) re-program funds associated with this Agreement in which the Administrator finds there has been no substantial progress or activity. 7. Documentation, Reports, Inspections and Performance Evaluations. (a) Documentation of Expenditures. All expenditures supported by properly executed payrolls, time records, invoices, contracts, vouchers, receipts, orders and any other accounting documentation pertaining, in whole or in part, to this Agreement, shall be clearly identified and readily accessible. The SUBRECIPIENT shall maintain and keep available all such documents for a period of not less than three (3) years from the termination of this Agreement, if a CITY, Agency, state and/or federal audit has occurred within six (6) months prior to date of termination, and for a period of not less than five (5) years from said date if such audit has not occurred. In the event of audit exception, such documentation shall be maintained until every exception has been cleared to the satisfaction of the auditing authority. (b) Reports• The SUBRECIPIENT, at such times and on such forms as the Agency may require, shall furnish the Agency such statements, records, reports, data and information as the Agency may request pertaining to its performance of services hereunder and other matters covered by this Agreement. The SUBRECIPIENT shall establish and maintain records in accordance with the Office of Management and Budget (OMB) Circulars Numbered A-110 and A-112, respectively, as applicable to the acceptance and use of emergency shelter grants. (c) Inspections. The SUBRECIPIENT shall make available to the CITY and/or Agency, state and/or federal officials its records and data with respect to all matters covered by this Agreement for inspection and audit, which inspection and audit may be made at any time after reasonable notice. The SUBRECIPIENT shall comply with the audit requirements of OMB Circular Number A-110, as applicable, and as they relate to the acceptance and use of federal funds under this Agreement. 5 (d) Performance Evaluations. The SUBRECIPIENT shall permit CITY and/or Agency, state and/or federal officials to monitor, assess or evaluate the SUBRECIPIENT's performance under this Agreement on at least a monthly basis, said monitoring, assessment or evaluation to include, but not be limited to, audits, inventory, inspections within the program area, and interviews with the SUBRECIPIENT's employees, agents, independent contractors and subcontractors, providing the services under this Agreement and recipients thereof. (e) This Agreement contemplates that the SUBRECIPIENT will pay salaries, utilities and furnishings with the monies that will be remitted to the SUBRECIPIENT as reimbursement amounts pursuant to Section 6(a) and in accordance with Exhibit "B", "Budget Breakdown", as shall be submitted by the SUBRECIPIENT to the Agency for each reimbursement request and Section 2 Scope of Services, of this Agreement. 8. Building or Facility. (a) Any building for which emergency shelter grant amounts are used for renovation, conversion, or major rehabilitation, must meet local safety and sanitation standards. (b) When ESGP funds are utilized to provide emergency shelter for the homeless in hotels or motels or other commercial facilities providing transient housing, (i) the SUBRECIPIENT, at the request of the CITY and/or Agency, shall execute an Agreement with the provider of such housing which provides that comparable living space, in terms of quality, available in the facility for use as emergency shelters for at least the same period of time as provided in Section 9 herein, and; (ii) leases negotiated between the SUBRECIPIENT and the provider of such housing shall make available such living space at substantially less than the daily room rate otherwise charged by the facility and; (iii) the SUBRECIPIENT shall certify, in writing, to CITY and/or Agency that it has considered using other facilities as emergency shelter for the homeless in the City. (c) The SUBRECIPIENT shall ensure that any building or facility is utilized exclusively for secular purposes and is made available to all persons regardless of religion. If ESGP funds are used to renovate, rehabilitate, or convert buildings owned by primarily religious organization or entities, the SUBRECIPIENT shall comply with the provisions of Title 24, Code of Federal Regulations, Part 575.21(b}(2}. (d) The SUBRECIPIENT shall comply with the Uniform Federal Accessibility Standards (24 CFR, Part 40, Appendix "A"), when activities funded by the ESGP involve major rehabilitation or conversion. 6 9. Maintenance as a Homeless Facility. (a) The SUBRECIPIENT shall maintain any building for which ESGP funds are used for not less than a three (3) year period, or for not less than a ten (10) year period if the grant amounts are used for major rehabilitation or conversion of the building. (b) The three (3) or ten (10) year periods begin to run, (i) on the date of initial occupancy as an emergency shelter for the homeless when the building utilized was not operated as an emergency shelter for the homeless before receiving ESGP funds, or; (ii) on the date that ESGP funds are first obligated to the shelter when the building was operated as an emergency shelter before receiving ESGP funds, or; (ii) on the date that ESGP funds are first obligated to shelter when the building was operated as an emergency shelter before receiving ESGP funds. (c) When ESGP funds are used exclusively to provide essential services including, but not limited to, services concerned with employment, physical or mental health, substance abuse, education, food, equipment or furnishings, the time periods noted in (a) above are not applicable. 10. Independent Capacity. The SUBRECIPIENT, and its officers, employees and agents, shall act in an independent capacity during the term of this Agreement and shall not act as, shall not be, nor shall they in any manner be construed to be officers, employees, or agents of the CITY and/or the Agency or the State of California. 11. Assignability. The SUBRECIPIENT cannot assign any of its rights, duties or obligations pursuant to this Agreement to any person or entity without the prior written consent of the CITY or the Agency. This includes the ability to subcontract all, or a portion of, its rights, duties and obligations hereunder. 12. Insurance. The SUBRECIPIENT shall during the term of this Agreement: (a) Procure and maintain Workers' Compensation Insurance as prescribed by the laws of the State of California. (b) Procure and maintain comprehensive general and automobile liability insurance as shall protect the SUBRECIPIENT from claims for damages for personal injury, including accidental and wrongful death, as well as from claims for property damage, which may arise from activities or programs under this Agreement, 7 whether such activities or programs by the SUBRECIPIENT, by any subcontractor or by any officer, employee or agent of either of them. Such insurance shall name the CITY and the Agency, their officers, officials, attorneys, agents, employees, volunteers and independent contractors as additional insureds with respect to this Agreement and the obligations of the SUBRECIPIENT hereunder. Such insurance shall provide for combined coverage limits of not less than $1,000,000 per occurrence. (c) Furnish the CITY and the Agency with policies of insurance, prior to request for first reimbursement for ESGP funds showing that such insurance is in full force and effect, and that the CITY and the Agency are named as additional insureds with respect to this Agreement and the obligations of the SUBRECIPIENT hereunder. Further, said policies shall contain the covenant of the insurance carrier that thirty (30) days written notice will be given to the CITY and the Agency prior to modification, cancellation, or reduction in coverage of such insurance. ' 13. Hold Harmless. The SUBRECIPIENT shall indemnify and hold the CITY and the Agency, their officers, officials, attorneys, agents, employees, volunteers and independent contractors free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of the SUBRECIPIENT, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. The specific insurance coverage required in Section 12 shall in no way limit or circumscribe the SUBRECIPIENT'S obligation to indemnify and hold the CITY and the Agency harmless as set forth in this Section 13. 14. Federal Requirement. (a) The SUBRECIPIENT shall comply with the provisions of the Act, and any amendments thereto, and the federal regulations and guidelines now or hereinafter enacted pursuant to the Act. More particularly, the SUBRECIPIENT is to comply with those regulations found in Part 575 of Title 24 of the Code of Federal Regulations and OMB Circulars Numbered A-I 10 and A-112, respectively, and appropriate attachments for non-profit organization contractors. (b) The SUBRECIPIENT represents that it is, or may be, a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by, or in connection with, a religious or denominational institution or organization. (c) The SUBRECIPIENT agrees that, in connection with the services to be provided hereunder, (i) it will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give 8 preference in employment to persons on the basis of religion; (ii) it will not discriminate against any person applying for such services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii) it will provide no religious instruction or counseling, conduct no religious workshop or services, engage in no religious proselytizing and exert no other religious influence in the provision of such services; (iv) the portion of a facility used to provide services assisted, in whole or in part, under this Agreement shall contain no sectarian or religious symbols or decorations, and; (v) the funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the SUBRECIPIENT in which the services are to be provided; provided that, minor repairs may be made if such repairs are directly related to the services; are located in a structure used exclusively for non-religious purposes, and; constitute in dollar terms only a minor portion of the ESGP expenditure for the public services. (d) The SUBRECIPIENT shall comply with the Housing and Community Development Act (HCD Act} of 1992 (Public Law 102-550, approved October 28, 1992), which requires the involvement of, to the extent practicable, homeless individuals and families and operating facilities assisted under the ESGP in providing services for occupants of these facilities (42 U.S.C. 11375(c)(7), as added by Section 1402 (b)). (e) The SUBRECIPIENT shall comply with HCD Act, Section 1402 (d), which requires that termination of assistance to any individual or family be in accordance with a formal process, which may include a hearing, established by the SUBRECIPIENT. 15. Compliance with Law. The SUBRECIPIENT shall comply with all federal, state and local laws and regulations pertinent to its operation and services to be performed hereunder, and shall keep in effect any and all licenses, permits, notices and certificates as are required thereby. The SUBRECIPIENT shall further comply with all laws applicable to wages and hours of employment, occupational safety and to fire safety, health and sanitation. 16. Comprehensive Homeless Assistance Plan. The SUBRECIPIENT shall cooperate with the CITY and the Agency in undertaking emergency shelter grant activities and shall assist the CITY and the Agency in carrying out the Comprehensive Homeless Assistance Plan and any other applicable strategies implemented by the CITY and the Agency and shall act in conformity therewith. 17. Non-Discrimination and Equal Opportunity Compliance. The SUBRECIPIENT hereby certifies compliance with the following: 9 (a) Executive Order Number 11246, as amended, and the regulations issued thereunder at Title 41, Code of Federal Regulations, Chapter 60; (b) Title VI and Title VII of the Civil Rights Act of 1964 (423 U.S.C. Section 2000(d) et. seq.), as amended by the Equal Opportunity Act of March 24, 1972, (Public Law Number 92-261); (c) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601-3619) and implementing regulations issued pursuant thereto (24 CFR, Part 1); (d) Executive Order Number 11063 and implementing regulations issued pursuant thereto (25 CFR, Part 107); (e) Age Discrimination Act of 1975 (42 U.S.C., Sections 6101-6107); (f) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794), and; (g) Executive Orders Numbered 11625, 12432 and 12138 consistent with HUD's responsibilities under these Orders, the SUBRECIPIENT must make efforts to encourage the use of minority and women owned business enterprises in connection with ESGP activities; (h) The SUBRECIPIENT shall establish and maintain a procedure through which homeless individuals will be informed of the facilities and services available to all on a nondiscriminatory basis. (i) SUBRECIPIENT agrees to abide by, and include in any subcontracts to perform work under this Agreement, the following clause: "During the performance of this Agreement, the SUBRECIPIENT and its subcontractors shall not unlawfully discriminate against any employee or application for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40), or sex. The SUBRECIPIENT and subcontractors shall ensure that the evaluation and treatment of their employees and applications for employment are free of such discrimination. The SUBRECIPIENT and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et. seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990, set forth in Chapter five (5) of Division four (4) of Title two (2) of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if fully set forth at length. 10 The SUBRECIPIENT and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other agreement." (j) The equal opportunity clause continued in Section 202 of Executive Order Number 11246, as amended, is hereby incorporated into this Agreement by this reference. (k) During the performance of this Agreement, the SUBRECIPIENT and its subcontractors, if any, shall not deny the benefits rendered hereunder to any person on the basis of religion, color, ethnic group identification, sex, age or physical or mental disability. (1) The SUBRECIPIENT shall furnish all information and reports as required by Executive Order Number 11246, as amended. (m) The SUBRECIPIENT shall include the non-discrimination and compliance provisions of the equal opportunity clause in all subcontracts, if any. 1 S. Affirmative Action Compliance. Each SUBRECIPIENT or subcontractor with less than fifty (50) employees shall comply with Section 202, Part II, of Executive Order Number 11246, as amended. The SUBRECIPIENT shall ensure that subcontractors, if any, falling within the scope of this provision shall comply in full with the requirements thereof 19. Conflict of Interest. No person who is (i) an employee, agent, consultant, officer, or elected or appointed official of the CITY, the Agency, state or the SUBRECIPIENT that receives ESGP funds and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or; (ii) in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or those with whom he or she has family or business ties, during his or her tenure or for one (1) year thereafter. 20. Eligibility of Contractors and Subcontractors. No ESGP funds allocated to the SUBRECIPIENT through this Agreement may be used, directly or indirectly, to employ, award contracts to, or otherwise engage the services of, or purchase the goods of, or fund any contractor or subcontractor during any period of debarment, suspension, or placement in ineligibility status under the provision of 24 CFR, Part 4. 11 21. Lead Based Paint. The SUBRECIPIENT and all subcontractors, if any, shall comply with the requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C., Section 4821-4846) and implementing regulations issued pursuant thereto (24 CFR, Part 35). 22. Flood Insurance. No site proposed on which renovation, major rehabilitation, or conversion of a building, is to be assisted under this part, other than by grant amounts allocated to the state, maybe located in an area that has been identified by the Federal Emergency Management Agency as having special flood hazards, unless the community in which the areas is situated is participating in the National Flood Insurance Program and the regulations issued thereunder (44 CFR, Parts 59-79) or less than a year has passed since the Federal Emergency Management Agency notification regarding such hazards, and the SUBRECIPIENT will ensure that flood insurance on the structure is obtained in compliance with Section 102(a) of the Flood Disaster Protection Act of 1973, (42 U.S.C., Section 4001 et. seq.). 23. Notice. Any notices required or desired to be served by either party upon the other shall be addressed to respective parties as set forth below (or to such other addresses as from time to time maybe designated, in writing, by the respective parties): AS TO AGENCY: AS TO SUBRECIPIENT: Emil Marzullo, Interim Executive Director Kim Carter Economic Development Agency Time For Change Foundation 201 North "E" Street, Suite 301 2130 N. Arrowhead Ave., #104 B&C San Bernardino CA 92401-1507 San Bernardino, CA 92405 24. Binding Successors. The SUBRECIPIENT, its heirs, assigns and successors in interest shall be bound by all the provisions contained in this Agreement, and all of the parties thereto shall be jointly and severally liable hereunder. 25. Assurances. The SUBRECIPIENT certifies that it has the legal authority to enter into and meet the requirements of this Agreement. 12 26. Legal Proceedings. Should any legal proceedings be commenced to enforce, enjoin, or collect funds or otherwise affect this Agreement between the parties it should be filed in San Bernardino County Superior Court. The prevailing party shall be entitled to recover its reasonable legal fees. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City and Agency shall be considered as "legal fees" for the purposes of this section. 27. Entire Agreement. This Agreement is intended by the parties hereto as the final and exclusive expression of these provisions contained in this Agreement and it supersedes and replaces any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement maybe modified or changed only upon the written consent of the parties hereto. 28. No Third Party Beneficiaries. No third party shall be deemed to have any rights hereunder against any of the parties hereto as a result of this Agreement. //// //// //// //// //// //// //// 13 IN WITNESS WHEREOF, the parties hereto have hereunto their hands and seals this day and year first above written. CITY OF SAN BERNARDINO Time For Change Foundation a California non-profit corporation Fred W' n, ity Manager E tive Dir or ATTEST City of San Bernardino City Clerk Approved as to form: ,/ , -~ James F. Pe ,City Attorney 14 1 , ~"' , ~ Example f orm . _T Do Not Complete Exhibit "A" RANT EMERGENCY SHELTER G San Bernar Ino MONTHLY ACCOMPLISHMENT FOR THE MONTH OF: FY 2008/2009 Subrecipient Name: Total Number of Individuals Served this Month: Proiect/Service Locations 1. # of Beds: 2. # of Beds: 3. # of Beds: Of the beds indicated above, please indicate the number of: Emergency Shelter Beds Transitional Beds Permanent Housing Beds Of the Individuals Served this Month, Indicate the Number of Shelter Nights/Hours Served: Beneficiaries -Indicate the Number of: Unaccompanied Men: Unaccompanied Female Youth (Under 18): Unaccompanied Women: Unaccompanied Male Youth (Under 18): Single Parent Family: Adult Couple without Children: Two Parent Family: Don't Know: Amount of ESG Reimbursement Rehabilitation: $ 0 Maintenance and Operations: $ Essential Services: $ Administration: $ 0 Homeless Prevention: $ Indicate the Pro rcl„ am(s) and Service(sl Provided by Your Organization: ? Emergency Shelter Facility ? Transitional Shelter ? Vouchers for Shelters ? Outreach ? Drop-In Center ? Soup Kitchen/Meal Distribution ? Food Pantry ? Health Care ? Mental Health ? HIV/AIDS Services ? Alcohol/Drug Program ? Employment ? Child Care ? Homeless Prevention ? Other: Residential (Emergency or Transitional Shelters) Number of Adults Served: Number of Children Served: . 1 of 4 • Non-Residential Services Number ofi Adults and Children Served: Emergency or Transitional Shelters Unaccompanied 18 and Over: Male: Female: Total: Unaccompanied Under 18: Male: Female: Total: Number of Family Households with Children Headed bv: Single 18 and Over: Male: Female: Total: Single under 18: Male: Female: Total: Two Parents 18 and Over: Total: Two Parents under 18: Total: Number of Family Households with no Children: Total: Ememency or Transitional Shelters List the number of persons for each subpopulation you serve. If you serve subpopulations that fit more than one category, you may place overlapping numbers (duplicate persons) on the appropriate lines. Chronically Homeless (Emergency Shelter Only): Severely Mentally III: Chronic Substance Abuse: Other Disability: Veterans: Persons with HIV/AIDS: Victims of Domestic Violence: Elderly: Shelter Type and Number of Persons Housed in: Barracks: Single Room Occupancy: Group/Large House: Mobile Home/Trailer: Scattered Site Apartment: Hotel/Motel: Single Family Detached House: Other: _ 2 of 4 ' ~ I Number of Persons Served (Including Residential and Non-Residential Services Subrecipients providing Emergency or Transitional Shelter are required to report the total number of adults and children served. This should be an actual unduplicated count, not an estimate or point-in-time count. This means that regardless of how many nights a persons stays in a shelter, they are counted once. For example, Jane Doe stays in Mary's Shelter for 60 nights; she is counted as one person served -not 60. Ethnic Background White: Black/African American: Asian: American Indian/Alaskan Native: Native Hawaiian/Pacific Islander: American Indian/Alaska Native & White: Asian & White: Black or African American & White: Hispanic: Other Multi-Racial: Total: Match Contribution/Cash Value Sources of Local Match (Other Federal, including pass-through funds, e.g., City CDBG, County FEMA, etc.) Type: Match Amount: Type: Match Amount: Type: Match Amount: State/Local Government Funding (e.g., State Housing Trust Funds, Local Assessment, etc.) Type: Match Amount: Type: Match Amount: Type: Match Amount: Private (including recipient) Funding: Fund Raising/Cash: $ New Staff Salaries: $ Loans: $ Donated Computers: $ Building Value or Lease: $ Donated Goods: $ Volunteers @ $10.00 per Hour: $ Volunteers Medical/Legal: $ 3 of 4 • f Please provide a narrative of your organizations accomplishments during this reporting period: 4 of 4 ~ r Example dorm Do Not Complete Exhibit "B" Economic Development Agency ESG Monthly Budget Breakdown Month: Program Year: 2008-2009 Subrecipient Name: Approved Grant Amount: $ Budgeted REQUEST Balance Amount by Funding Source Amount Available Current Month Year to Date Payee title (Do Not Use Names) 1 -0.00;, R 2. ~ ~ ~ 3. ~_r~; ry ~~3 . . .3 ,. ,:. . :,~~. .~:m.. ~q ,..z . 5. ` v SALARY SUB TOTALS: ~ 0 ~ ~ 040 , y,~ v -i-~. 6. FICA/SUI 7. Life/Health/Dental Insurance s ;a; . 8. Other (explain & document) -~ 9. .r3.. ~ . ,it 5~ ~ ~ Si:H Y'.e r, ; x 00 BENEFIT SUB-TOTALS: ' ~ , ~ ~ ~' 0 -~ '~ 11. Accounting/Bookkeeping ~ ~ ~ 12. Rent 13. Utilities f 14. Insurance _ KY 15. Office Supplies 16. Travel 17. Consumable Supplies ;,:~~ 18. Other a 19. ,,~;: OTHER SUB-TOTALS ~ ~' x ~ ~ Y r~~~ ,. MONTHLY GRAND TOTALS , .., M,..,._ Please attach supporting invoices and documentation. 1