HomeMy WebLinkAbout19-Community Development
J.
CIT~OF SAN BERNi-DINO - RI!QUBST ~ COUNCIL ACTION
Dept: Community Development
DatB: April 26, 1988
Dire~1l.~A~~Off'SELECTION OF AGENCY
TO RECEIVE FY 1987 AND 1988
:.:3 l'~~ -$ t'rl s: 14EMERGENCY SHELTER GRANT PRO~G
ALLOCATION AND APPROVAL OF
AGREEMENT AWARDING FUNDS.T
SAME
From: Kenneth J. Henderson,
Synopsis of Previous Council action:
On September 8, 1987, the Mayor and Common council authorized and directed
staff to develop and 9ubmit to the U.S. Department of Housing and Urban
Development (HUD) a Comprehensive Homeless Assistance Plan. Staff was
also authorized to solicit proposals for the FY 1987 Emergency Shelter
Grant Program (ESGP) allocation in the amount of $29,000.
On March 21, 1988, the Mayor and Common Council authorized staff to
develop and submit to HUD an application for the city's FY 1988 ESGP
allocation in the amount of $5,000.
Recommended motion:
Adopt Resolution
_L~h~
Contact person:
Ken Henderson/Maurice Oliva
Phone:
5065
Supporting data attached:
Staff Report
Ward:
1-7
FUNDING REQUIREMENTS:
Amount:
$34,000
(Acct. DescriPtion)
HUD Letter of Credit (LOC)
ESGP
Finance: ().~ .:B,
Y.' ',..)",.,..-- (~~
Source: (Acct. No.)
Council Notes:
AOAnrla. ItAm No_
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~IT~ OF SAN BBRN~DINO - RBQUBST ~ COUNCIL ACTION
STAFF REPORT
On September 8, 1987, the Mayor and Common council authorized and
directed staff to take appropriate actions to develop and submit
to the U.S. Department of Housing and Urban Development (HUD) a
Comprehensive Homeless Assistance Plan, which was required in
order for the City to receive future funding under the Stewart B.
McKinney Homeless Assistance Act. The Mayor and Common council
also authorized and directed staff to solicit requests for
proposals for the FY 1987 Emergency Shelter Grant Program (ESGP)
allocation in the amount of $29,000 upon approval by HUD of the
city's application for same.
On March 21, 1988, the Mayor and Common council authorized and
directed staff to develop and submit to HUD an application for the
City's FY 1988 ESGP allocation in the amount of $5,000. During the
months of March and April, 1988, the City solicited proposals from
various non-profit organizations to apply for the City's FY 1987
allocation of $29,000 and FY 1988 allocation of $5,000 (for a
total of $34,000). Three (3) proposals were submitted by the
April 18, 1988 deadline in response to the city's RFP from the
fOllowing non-profit organizations:
1. Mental Health Association of San Bernardino County
2. The Salvation Army
3. Bethlehem House
All three (3) proposals/applications were reviewed and dated by
the four (4) members of the proposal review committee. A copy of
the review sheet containing the questions used to evaluate and
score said proposals/applications is attached. The proposer
receiving the highest score was the Salvation Army.
The Salvation Army will be rehabilitating a building it owns,
located at 845 Kingman Street (see attached vicinity map). Said
building was operated as a homeless shelter until it closed nine
(9) years ago because of failure to meet new building and safety
codes and handicapped requirements. The site will undergo
complete rehabilitation to accommodate up to seventy (70) homeless
men, women and children.
The estimated cost of rehabilitation is $200,000. The State of
California Emergency Shelter Program V recently awarded the
Salvation Army a grant in the amount of $128,323 to rehabilitate
its existing building to meet all local government codes. The
Salvation Army is requesting the City's $34,000 ESGP allocation to
assist in providing furnishings including beds and kitchen and
laundry equipment for their soon to be rehabilitated homeless
shelter, which will be called Hospitality House. The Salvation
Army will match the City's $3.,000 with cash or gifts in-kind
totaling $68,000 budgeted for furnishings and equipment.
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In May, the salvation Army will submit plans and its application
for a conditional use permit to the City Planning Department.
Following approval by all related City and County agencies and
solicitation of bids, rehabilitation/construction will start on
the Hospitality House. The Salvation Army is targeting the
completion of construction for October 20, 1988 and hopes to
obtain a certificate of occupancy by December 1, 1988. The
reopening of Hospitality House could provide as many as seventy
(70) new beds for the homeless in San Bernardino by December,
1988, in time for the coldest months of winter.
Staff recommends selection of the Salvation Army as the recipient
of City ESGP funds and adoption of the attached resolution
authorizing the execution of an agreement between the City of San
Bernardino and the Salvation Army for award of City's $34,000 ESGP
funds for FY 1987 and 1988.
Kenneth J. Henderson
Director of Community Development
KJH/MLO/lab/0912
attachments
4-26-88
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CITY OF SAN BERNARDINO
COMMUNITY DEVELOPMENT PROGRAM
"Emergency Shelter Grant
Proposal/Application Evaluation"
1. Is the proposal written in such a manner as to allow
definitive understanding of its overall objectives? (Maxi-
mum ten (10) points):
2. Does proposal clearly demonstrate how proposer will meet
its objectives? (Maximum ten (10) points):
3. Does proposer have the necessary resources (people,
equipment and facilities) to meet its objectives? (Maxi-
mum ten (10) points):
4. Are the proposal's budget and narrative consistent with
meeting a common objective? (Maximum ten (10) points):
5. Does proposer's history and background depict an agency
that is experienced in operating an emergency shelter
program? (Maximum fifteen (15) points):
6. Does proposal show evidence of proposer's ability to
leverage resources (people, equipment and facilities) of
other agencies? (Maximum fifteen (15) points):
7. Does proposal show evidence of a proposer with initiative,
imagination and experience in using outside resources in
an effective, efficient manner? (Maximum ten (10) points):
8. Does program design allow for promoting of self suffi-
ciency among clients? (Maximum twenty (20) points):
9. Does proposer provide follOW-Up services for ex-clients?
(Maximum ten (10) points):
10. Is counselor to client ratio:
a) Seven (7) clients or less to (1) one counselor?
(Fifteen (15) points):
b) Eight (8) to twelve (12) clients to one counselor? (Ten
(10) points):
c) Twelve (12) to fifteen (15) clients to one (1) coun-
selor? (Five (5) points):
d) Fifteen (15) to twenty (20) clients to one (1) coun-
selor? (Three (3) points):
11. Is program services mix designed to make available an
array of appropriate services to each client? (Maximum
fifteen (15) points):
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the maximum use of
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Does overall design of program promote
funds? (Maximum twenty (20) points):
13. Is the following percentage of total project costs derived'
from sources other than Emergency Shelter Grant program?
12.
a) No less than fifty percent (50\). (Five (5) points):
b) Between fifty percent (50\) and seventy-five percent
(75\). (Ten (10) points):
c) More than seventy-five percent (75\). (Twenty (20)
points):
14. Does the proposal service mix reflect the highest priority
of service to:
a) Families with children? (Fifteen (15) points):
b) Elderly/mentally ill homeless? (Ten (10) points):
c) Single men and women transients? (Five (5) points):
15. Is the cost per bed:
a) Over $
b) Between $
? (Two (2) points):
and $
? (Five (5) points):
c) Less than $
? (Fifteen (15) points):
Assign a bonus of five (5) points of cost per bed is less
than $ :
flab
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TIlE SALVATION ARMY VICINITY MAP
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HOSPITALITY HOUSE
845 Kingman street
San Bernardino. CA
..--'" .....--...--.
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RESOLlITION NO.
RESOLlITION OF THE CITY OF SAN BERNARDINO AlITHORIZING AND
DIRECTING THE EXEClITION OF AN EMERGENCY SHELTER GRANT FUNDING
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SALVATION
ARMY.
BE IT RESOLVED BY THE W. YOR AND COMMON COUNCIL OF THE CITY
OF SA N BERNA RDINO A S FOLLOWS:
SECTI ON 1.
,
I
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of the City,
an agreement for Emergency Shelter Grant funding with The
Salvation Army, a copy of which agreement is annexed hereto as
Exhibit "1" and is incorporated herein by reference as though
fully set forth at length.
The agreement provides for the
granting of Emergency Shelter Grant funds in the amount
$34,000.00.
/ / /
/ / /
/ / /
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RESO: AUTIi"'hZING AND DIRECTING THE ~UTION OF AN EMERGENCY
SHELTER GRAM' FUNDING AGREEMENT BETWEEN CITY AND SALVATION ARMY.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of 19_____, by the following vote, to
5 wit:
6 AYES: Council Members
7
8
9
10
11
12
13
14
15-
16
17
18 Approved as to form
and legal content:
NA YS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
19
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t:v1yn Wilcox, Mayor
City of San Bernardino
19
( .1
. r.-. .-::] /-
20 7..z:::.-~
V'J Attorney
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AGREEMENT FOR THE USE OF
EMERGENCY SHELTER GRA NT FUNDS
T HI S AGREEMENT,
entered into this
/7
day
of
~ 19 Fr , by and between the CITY OF SAN
BERNA RDINO, hereinafter referred to as "CITY", and
T ,4. ..r do- ." 7....:.
th--;
a California nonprofit corporatiDn, hereinafter referred to as
"SUBRECIPIENT" ,
WIT N E SSE T H:
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WHEREAS, pursuant to Subtitle B of the Stewart B. MeKinney
Home 1 ess Assistance Aet of 1987 (Public Law 100-77), hereinafter
referred to as the "Aet"), CITY has been awarded Emergency
Shelter Grant ("ESG") Program Funds which are to be used tD
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, CITY is authorized to contract with nonprofit
corporations for the use of ESG funds to provide various services
for homeless individuals; and
WHEREAS, SUBRECIPIENT as a nonprofit corporation is eligible
under the Act to reeeive ESG funds to provide those services as
described herein;
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EXHIBIT "A"
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NOW, THEREFORE, the parties hereto do mutually agree as
follows:
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Agreement shall be for a period
, 19~~, and terminating as
1 .
TERM. The term of this
-----
commencing Dn '11/'
provided in paragraph 3
herein.
2.
SCOPE OF SERVICES.
.. . .....
(a) SUBRECIPIENT promises and agrees to provide certain
emergency shelter grant program services for homeless persons, by
utilizing the sum of $34,000.00, ESG Program Funds, as set forth
in the manner provided in Exhibit "A" which is attached hereto
and by this reference incorporated herein.
SUBRECIPIENT shall
also provide homeless individuals with assistance in obtaining
(1) appropriate supportive services, including permanent housing,
physical health treatment, mental health treatment, counseling,
supervisiDn,
and
other services essential
for
achieving
independent living; and (2) other federal, state, local, and
private assistance available for such individuals.
Any and all
services 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.
(b) MATCHING FUNDS.
(1) SUBRECIPIENT must supplement its emergency shelter
grant amounts with an equal amount of funds from sources other
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than those provided herein. These funds must be provided after
the date of the grant award to the SUBRECIPIENT.
SUBRECIPIENT
may comply with this requirement by providing the supplemental
funds itself,
or through supplemental funds or voluntary
efforts or gifts in kind provided to SUBRECIPIENT (as appropriate).
CALCULATING THE MATCHING AMOUNT.
'- -
In calculating the
(2 )
amount of supplemental funds, there may be included the value of
any donated material or building; the value of any lease on a
building; any salary paid to staff of the SUBRECIPIENT or to any
State of nonprofit recipient (as appropriate) in carrying out the
emergency shelter program; and the time and services contributed
by volunteers to carry out the emergency shelter
program
determined at the rate of $5 per hDur.
For purposes of this
paragraph 2, the SUBRECIPIENT upon written concurrance of the
Director will determine the value of any donated material or
building, or any lease, or furnishings and equipment using any
method reasonably calculated to establish a fair market value.
3. TERMINATION.
(a) Either party may terminate this Agreement upon thirty
(30) days prior written notice to the other party.
(b) Notwithstanding the provisions of paragraph 3a, CITY
may suspend or terminate this Agreement forthwith for cause upon
written notice to SUBRECIPIENT of the action being taken. Cause
shall be established:
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(1) In the event SUBRECEIPIENT fails to
perform the convenants herein contained at such
Agreement; or
(2) In the event there is a conflict with
any federal, state Dr local
law,
ordinance,
regulation or rule rendering any Df the provisiDn
of this Agreement invalid or untenable; or
(3) In the event the funding from th~ United
States Department of Housing and Urban Development
(HUD), referred to in the recitals herein, is
reduced,
terminated or
otherwise
becomes
unavailable.
CITY shall provide written notice
to SUBRECIPIENT within ten (10) working days from
the date HUD reduces, suspends or terminates the
ESG
funding.
This
Agreement
may, in the
discretion
of the Director of the Community
Development Department (Director),
be either
terminated or amended to reflect said reduction in
funds.
(c) Upon termination of this Agreement, SUBRECIPIENT agrees
to return any unencumbered funds which it has been provided by
CITY.
In accepting said funds, CITY does not waive any claim or
cause of action it may have against SUBRECIPIENT for breach of
this Agreement.
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(d) Upon termination of this Agreement, SUBRECIPIENT shall
not incur any obligations after the effective date of such
termination, unless expressly authorized in writing by CITY in
the notice of termination.
(e) Any provisions for inspection and audits relative tD
the expenditure of funds provided hereunder shall not be ended
upon the date of any termination but shall continue thereafter as
specified herein.
4.
PA YMENT OF FUNDS.
The Mayor and Common Council of the
CITY shall determine the final disposition and distribution of
all funds received by CITY under the Act.
CITY, through its
Community Development Department (COD), shall make paYlnents of
ESG funds to SUBRECIPIENT fDr the purposes set forth in Exhibit
"A" and shall monitor the expenditure of funds and activities of
SUBRECIPIENT
to ensure compliance with applicable
federal
regulations and the terms of this Agreement.
SUBRECIPIENT shall
establish and maintain a separate account for all ESG funds
received under this Agreement and deposit all such funds in said
account.
A 11 disbursements of grant funds by COD will be made as
follows:
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(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 baBed
on
documented expenses by SUBRECIPIENT, approved by the
Director or his designee.
(b) One
advance payment may be granted to
SUBRECIPIENT in such amount and at such time as
determined by the Director not to exceed $5,000
whenever he finds that a need for same is properly
documented and
otherwise
consistent with the
purposes of the grant.
(c) In
no
event shall CITY or any of its
officers, agents or employees
be held liable
for expenses incurred by SUBRECIPIENT in excess of
the ESG allocation noted in Paragraph 1, SCOPEOF
SERVICES.
(d)
Payments may
be
withheld if, on a
determination by the Director, SUBRECIPIENT has not
complied with the covenants herein contained at
such times and in such manner as provided in this
Agreement.
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(e) No later than thirty (30) days prior to
the date set forth herein for termination of this
Agreement, SUBRECIPIENT shall provide COD with its
estimate of the amount of funds which will
remain
unexpended upon such termination.
Notwithstanding any prDvisions contained in this
paragraph 4, CITY through Director shall thereafter,
after reasonable notice is given SUBRECIPIENT, have
the right to (1) reduce the payment of funds hereunder,
(2) renegotiate the actual levels of expenditures
in the event SUBRECIPIENT'S rate of expenditures
will result in unexpended funds at the expiration
of
this Agreement, and/or (3)
reprogram
funds
associated with a project Dn which the Director finds
there has been no substantial progress or activity.
5. DOCUMENTATION, REPORTS,. INSPECTIONS AND. PERFORMANCE.
EVALUATION.
(a)
Documentation of Expenditures.
All expenditures
supported by properly executed payrDlls, time records, invoices,
contracts, vouchers, receipts and orders and any other accounting
documents pertaining in whole or in part to this Agreement, shall
be clearly identified and readily accessible. SUBRECIPIENT shall
maintain and keep available all such documents for a period of
not less than three (3) years from the termination of this
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Agreement, if a CITY, 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
documents shall be maintained until every exception has been
cleared to the satisfaction of the auditing authority.
(b) Reports. SUBRECIPIENT, at such times and in such forms
as CITY may require, shall furnish CITY such statements, records,
reports, data and information as CITY may request pertaining to
its performance of services hereunder and other matters covered
by this Agreement.
SUBRECIPIENT shall establish and maintain
records in accordance with Office of Management and Budget (OMB)
Circular Nos. A-110 and A-112, as applicable tD the acceptance
and use of emergency shelter grants.
(d
Inspections.
SUBRECIPIENT shall make available to
CITY, 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.
SUBRECIPIENT shall comply with the
audit requirements of OMB Circular No. A-110, as applicable, and
as they relate to the acceptance and use of federal funds under
this Agreement.
(d)
Performance Evaluation.
SUBRECIPIENT shall permit
CITY, State and/or Federal officials to monitor, assess or
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evaluate SUBRECIPIENT'S performance under this Agreement on at
least a monthly basis, said ffiDnitoring, assessment or evaluation
to include, but not be limited to, audits, inventory, inspections
within the program area and interviews with 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
purchase furnishings and equipment with the monies provided
hereunder.
As to each such item with a cost of $150 or more.,
SUBRECIPIENT shall insure that each such item shall be marked
with a serial number or some other form of indelible numerical
identification.
The identification of the item in Exhibit "A"
hereto shall include the identification by number.
Each item
shall also be phDtographed and the SUBRECIPIENT shall maintain a
copy
of such photograph in its files.
Each six ffiDnths
SUBRECIPIENT shall submit an inventDry of the items included in
Exhibit itA" , signed by its Director, tD COD.
6. BUILDING OR FACILITY.
(a) Any building for which emergency shelter grant
amounts are used for renovation, conversion, or major
rehabilitation must meet local government safety and sanitation
standards.
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(b) When ESG funds are utilized to prDvide emergency
shelter for the homeless in hotels or motels or other commercial
facilities providing transient housing:
(1) SUBRECIPIENT, at the request of CITY,
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 shelter fDr
at least the same period of time as provided in
paragraph 7 herein; and
(2 ) Leases negotiated between 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
(3) SUBRECIPIENT shall certify in writing to
CITY that it has considered using other facilities
as emergency shelters, and has determined that the
use of such living space in the facilities provides
the
most cost-effective
means of
providing
I
,
CITY.
emergency shelter for the homeless in the
,
(c) SUBRECIPIENT shall ensure that any building or facilty
is utilized exclusively for secular purposes and is made
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avaialble to all persons regardless Df religion. If ESG funds are
used to renovate, rehabilitate, or convert buildings owned by
primarily religious organizations or entities, SUBRECIPIENT shall
comply with the provisiDns of Title 24,
Regulations, Part 575.21 (b)(2).
(d) SUBRECIPIENT shall comply with the Uniform Federal
Code of Federal
Assessibility Standards (24 CFR Part 40,
Apendix A) when
activities funded by the ESG program involve major rehabilitation
or conversion.
7. MA INTENANCE A S A HOMELESS FACILITY.
(a) SUBRECIPIENT shall maintain any building for which ESG
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 rehabilitatiDn or conversion of the building.
(b) The three or ten year periods begin to run
(1) 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 ESG funds; or
(2) on the date that ESG funds are
first obligated tD the shelter when the
building was operated as an emergency
shelter before receiving ESG funds.
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(c)
When ESG 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 Dr furnishings the time periods
noted above are not applicable.
8.
INDEPENDENT CAPACITY.
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 ~gents of CITY or the State of California.
9.
A SSIGNA BUITY.
SUBRECIPIENT cannot assign any of its
rights, duties or obligations pursuant to this Agreement to any
person or entity without the prior written CDnsent of CITY; this
includes the ability to subcontract all or a portion of its
rights, duties and obligations hereunder.
10. INSURANCE. SUBRECIPIENT shall during the term of this
Agreement:
(a)
Procure
and maintain WDrker's
Compensation
Insurance as prescribed by the laws of the State of California.
(b) Procure and maintain comprehensive general and
automotive liability insurance as shall protect SUBRECIPIENT from
claims for damages for personal injury, including accidental and
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wrongful death, as well as from claims for
property damage,
which may arise from activities or programs under this Agreement,
whether such activities or programs be by SUBRECIPIENT, by any
subcontractor or by any officer, employee or agent of either of
them.
Such insurance shall name CITY as an additional insured with
respect to this Agreement and the obligations of SUBRECIPIENT
hereunder.
Such insurance shall provide for combined coverage
limits of not less than $1,000,000 per occurrence.
(c)
Furnish CITY with policies
of insurance showing
that such insruance is in full force and effect, and that CITY is
named as an additional insured with respect to this Agreement and
the
obligations of SUBRECIPIENT hereunder.
Further, said
policies shall contain the covenant of the insurance carrier
that thirty (30) days written nDtice will be given to CITY prior
to modification, cancellation or reductiDn in coverage of such
insurance.
11 .
HOLD HARMLESS.
SUBRECIPIENT shall indemnify and hold
CITY, its officers, agents, employees and independent contractors
free and harmless from any liability whatsoever, including
wrongful death, based or asserted upon any act or omission of
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SUBRECIPIENT, its officers, agents, employees, subcontractors or
independent contractors, relating
to or in any way connected
with or arising from the accomplishment of the services to be
performed hereunder,
and SUBRECIPIENT shall defend at its
expense, including attorneys fees, CITY, its officers, agents,
employees and independent contractors in any legal action based
upon such alleged acts or omissions,
The specific insurance
coverage required in paragraph 10 herein shall in no way limit or
circumscribe SUBRECIPIENT'S obligation to indemnify and hold CITY
harmless as set forth in this paragraph 11.
12. FEDERA L REQUIREMENT S.
A .
SUBRECIPIENT
shall
comply . with
the
provisions of the Act and any amendments thereto and the federal
regulations and guidelines now or hereafter enacted pursuant to
the
Act.
More particularly, SUBRECIPIENT is to cDmply with
those regulations found in Part 575 of Title 24 of the Code of
Federal Regulations and OMB Circular Nos. A-110 and A-112, and
appropriate attachments for nonprofit organization contractors.
B. The SUBRECIPIENT:
1. represents that it is, or may be deemed
to be, a religious or denominational institution
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or organizatiDn or an organization operated for
religiDus purposes
which is supervised or
controlled by or in connection with a religious
or denominational institution or organization;
2. agrees that, in connection with the
services tD be provided hereunder:
a. it will not discriminate against
any employee or applicant for employment
on the basis of religion and will not
limi t
employment
or
give preference in
employment
to persons
on the
basis of
religion;
b. 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;
c.
it will provide
no religious
instruction
or
counseling,
conduct no
religious
worship or services, engage in
no religious proselytizing, and exert no
other
religious
influence
in
the
provision of such services;
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d.
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
e. 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 (1) are directly related to the
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 ESG expenditure for the
public services.
1 3.
COMPLIA NCE WIT H LA W.
SUBRECIPIENT shall comply with
all federal, state and local laws and regulations pertinent tD
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. SUBRECIPIENT shall further
comply with all laws applicable to wages and hours of employment,
occupational safety and to fire safety, health and sanitation.
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14.
COMPREHENSIVE HOMELESS ASSISIANCE PLAN.
SUBRECIPIENT
shall cooperate with CITY in undertaking emergency shelter grant
activities
and
shall assist CITY in
carrying
out
its
Comprehensive
Homeless
Assistance Plan and shall act
in
conformity therewith.
15. NONDISCRIMINATION AND. EQUAL. OPPORTUNITY COMPLIANCE.
(a) SUBRECIPIENT hereby certifies compliance with the
following:
(1) Executive Order 11246, as amended, and the
regulations issued thereunder at Title 41, Code of
Federal Regulations, Chapter 60;
(2) Title VI and Title VII of the Civil Rights
Act of 1964 (423 U.S.C. Section 2000d et seq.) as
amended by the Equal Opportuity Act of March 24,
1972, (Public Law No. 92-261);
(3) Title VIII of the Civil Rights Act of 1968
(42 U. S. C. Section 3601-3619) and implementing
regulations issued pursuant thereto (24 CFR Part 1);
(4) Executive Order 11063 and implementing
regulations issued pursuant thereto (24 CFR Part 107);
(5) Age Discrimination Act of 1975 (42 U.S.C.
Section 6101-6107);
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(6) Section 504 of the Rehabilitation Act of
1973 (29 U.S.C. Section 794);
(7) Section 3 of the Housing and
Urban
Development Act of 1968 (12 U.S.C. Section 1701u); and
(8) Executive Orders 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's business enterprises in connection with ESG
activities;
(b) SUBRECIPIENT shall establish and maintain a procedure
through which homeless individuals will be informed that use of
the
facilities
and services is available to all
on
a
nDndiscriminatory basis.
(c) 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
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
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status,
age (over 40) or sex. SUBRECIPIENT
and subcontractors shall insure that the
evaluation and treatment of their employees
and applicatiDns for employment are free of
such discrimination.
SUBRECIPIENT and subcontractors shall comply
with the provisiDns 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 5 of Division 4 of Title
2 of the California Administrative
Code are
incorporated into this Agreement by reference
and made a part hereof as if set forth in full.
SUBRECIPIENT and its subcontractors shall given
written notice of their obligations under this
clause to labor organizations with which they
have a collective bargaining or other agreement."
Cd) The equal opportunity clause contained in Section 202
of Executive Order 11246, as amended, is hereby incorpDrated into
this Agreement by this Reference.
Ce) During the performance of this Agreement, SUBRECIPIENT
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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.
(f) SUBRECIPIENT shall furnish all information and reports
as required by Executive Order 11246, as amended.
(g) SUBRECIPIENT shall include the nondiscrimination and
compliance prDvisions of the equal opportunity clause in all
subcontracts, if any.
16.
AFFIRMATIVE ACTION COMPLIANCE.
Each SUBRECIPIENT or
subcontractor with less than fifty (50) employees shall comply
with Secion 202 Part II of Executive Order 11246, as amended.
SUBRECIPIENT shall insure that subcontractors, if any, falling
within the scope of this provision shall comply in full with the
requirements thereof.
17. CONFLICT OF INTEREST. No person (1) who is an employee,
agent, consultant, officer, or elected or appointed official of
the CITY, State or SUBRECIPIENT that receives ESG funds
and who
exercises or has exercised any functions or responsibilities with
respect to assisted activities or (2) who is in a position to
participate
in a decision making process or gain
inside
information with regard to such activities, may obtain a persDnal
or financial interest or benefit from the activity, or have an
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interest in any contract, subcontract or agreement with respect
thereto, or the proceeds thereunder, either for him or herself or
those with whom he or she has family or business ties, during his
or her tenure or for one year thereafter.
18. ELIGILIBITY.OF CONTRACTORS.t\ND.SUBCONTRACTORS. No ESG
funds allocated to 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.
19.
LEA D-BA SED. PA INT .
SUBRECIPIENT
and
all
subcontractors, if any, shall comply with the requirements, as
applicable, of the Lead-Based Paint PDisoning Prevention Act (42
U.S.C. Section 4821-4846) and implementing regulations issued
pursuant thereto (24 CFR Part 35).
20. 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 area is situated
is participating in the National Flood Insurance Program and the
regulations issued thereunder (44 CFR Parts 59-79) or less than a
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4-27-88
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year has passed since the Federal Emergency Management Agency
notification regarding such hazards,
and the
SUBRECIPI ENT
will insure 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.).
21.
NOTICE.
Any notices required or desired to be served
by either party upon the other shall be addressed to respective
parties as set out below:
AS TO CITY
AS TO
SUBRECIPI ENT
or to such other addresses as frDm time to time shall be
designated in writing by the respective parties.
22.
BINDING ON SUCCESSORS.
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.
SUBRECIPIENT certifies that it has the legal
23. ASSURANCES.
authority to enter into and meet the requirements of this
Agreement.
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24.
ENTIRE AGREEMENT.
--
This Agreement is intended by the
parties hereto as the final and exclusive expression of the
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 upDn the written
consent of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals this day and year first abDve written.
CITY OF SAN BERNARDINO
BY:
SUBRECIPIENT
( typed name)
(name and title)
(title)
ATTEST:
CIty Clerk
Approved as to form
a legal con,7jnt:
, j~
Attorney -
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EXHIBIT "A II
The monies provided pursuant to the Agreement, of which this
Exhibit forms a part, shall be in substantially the follDwing
category, amounts and costs. With thirty (30) days following
the date of the final reimbursement as provided in Agreement,
SUBRECIPIENT shall provide to the City, through its Community
Development Department, an exact inventory of all items
purchased, including a description, the quantity, cost, and
serial identification number or other numerial identification
number for each individual item with a cost in excess of $150.00.
The items are as follows:
DESCRIPTION
QUA NTITY
COS!
ID NO.
~
SEE ATTACHED
WORK PLAN FOR FURNISHINGS AND EQUIPMENT PURCHASE
~ . ~
WORt PLAN ~SHINGS AND EQUIPMENT' PURO! .
A.
" FURNISHINGS AND EOOIPMENT,; ...
.. . 4.
IClTCHEN ;
1 TTG 4 Double' Gas Copvection Ovea
1 G 289-48 TH RC 2 Double Convection
Range with 48" Gas Grill & 4 Open
Burners .
1 GUT 1-32 WllT Single Deor Reach-In
Refrigerator
,
;
8
S ESG...
Cost
$4,485;'00 .'
.
3,42?00
1,575.00 .
3 Sets Metal Storage Shelving 5 Tier 875.00
. Each. ....
1 Lo-Temp .Corner Model Dishwasher
1 lHP 120 Volt Garbage Di~posal
1 Lot Freezer/Cooler Shelving
1 Stainless Steel Dish Table
2 Food Prep Tables
1 Coffee and Hot Water URN
Pots and Pans
-- -
Dishes, Setting for 100
Cutlery Setting for 100
Drinking Glasses 288
Mugs 150
Meat Slicer
Food Processor
Serving Dishes 20
Serying Trays. 100
. Commercial Food Mixer
. Micro-Wave Oven
TOTAL
. 3,025.00
700,00
1,900.00
800.00
1',600.00
900.pO
o
o
o
o
o
o
o
o
o
1,800.00
. 0
$21,087.00
"" .
c '. D
$ ICatcll
01' T~.l
.COIltt1but1oD Colt
. .
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o
o
o
o
o
o
o
o
o
'2,000.00 .
.
500.00
500.00
21.6.00
150.00
380.00
200.00
400.00
250.00
0. ,
450.00
5,046.00
$4,485.00
3,427.00
1,575.00
875.00
. 3,025.00
700.00
1,900.00
.
. 800.00
1,600.00
900.00
2,000.00
500.00
500.00. .
. 216.00
150.00
380.00
200.00
400.00
250.00 .
1,800.00
450.00 ·
26,133.00
Ttlf,l
\,\111.1\ .
\.'\L r' I
~jK'I'1
I
.. .
"
~
: '
WORt PLAN FOR Ooo:SHINGS AND EOUIPMEH'l' PURCHAO' ..
A.
, "
'. FURNISHINGS AND JSQU.1nG!NT,; ':.
~. . ..
BEDROOM FURNISHING&:
26 Heavy Duty Metal ~unk Beds
18 Single Metal Beds
4 Cribs
4 Crib Water Proof/Stain Resistant
Mattresses '
52 Mattresses to Fit Bunk Bedg
2 Infant/Car Seat (Safety) ,
20 Mattresses (Water Proof/Stain
Resistant) to fit Single Meta~
, Beds
,
..~ .-' 5 BedSide Stands Metal
. '
6 Mirrors
, LAUNDRY:
1 Heavy Duty Commercial Washer
1 Heavy Duty Commercial Dryer
" 1 Metal (Clothing Floding) Table
1 eommercial Vacuum Cl~aner
1 Commercial Carpet 'Shampoo Machine
1 Wet Vacuum
,1 22' Extension Ladder Aluminum
1 la' Step Ladder Aluminum
1 6! Ladder (Step) Aluminum
;
.. 0, 5,200.00 '5,200.00 ,
0 ,150.00 . 150.00
1,188.00 0 1,188.00
,
.
"
o
o
600.00
.. , '. .
600.00
. '
0
400.00 ,
400.00
.. 125.00
o
o
o
, 350.00 ' 350.00
300.00 300'.00
.
. '
,
0 . 600.00
--- ...
0 600. ad
100.00 100.00 '.
0 400.00
0 400.00
0 125-.00
. 100.00 ' 100.00
60.00 60.00
50.00 50.00
, ,
{f '
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"
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, !!'........~,~.-h- ..
: .C', .:1.
~ ,', '. . I
.'
.,
"
;
",
,
i "
. i',
"
~ I.
, ;
, ,
, ,
"
"
. '
WORt PLAN FOR OxSHINGS AND EOtJlPKEN'l" PURCHAsQ
A.
';' FURNISHINGS AND EOOIPMENT'; :.
,
;
~. . ..
DINING ROOMS:
Stainless Steei Portable
Steam Table 30" Wide
4 Children's High Chair ~ Hard
Wood with Safety Strap
16 Tables
80 Metal Chairs
2 Dish Storage Cabinet;
Salt & Pepper Sets &
Sugar/Creamer Sets
, Blinds - Aluminum
OFFICE EQUIPMENT:
2 Typewriters
4 Chairs
2 Desks
- - 3' Desk Lamps
2 Filing Cabinets
1 Adding Machine
1 Small Safe
2 Book Cases
LOUNGE:
,4 Couches
2 Floor Lamps
70 Lockers (to secure personal
property)
1 Storage Shed
.
TOTAL
8
S ESG',,'
Colt-
. .. .'
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$lIatcll.
or
'CoAtI'1but1oD
"'. D
Toul
Cost
.
, ,
o '$1,500.00 $1,5~.00
o
o
o
..
o
o
o
, 0
,0
o
0' ',-
..'0,
o
o
o
o
0,
$2,600.00
, 0
500.00
1,440.00
600.00
. 400'~00
200.00
,4,000.00
400.00
. 200.00
400.00
"1:50. ~O
200.00
75.00
500.00
179.00
1.,000.00
200.00
o
,
.., .
2,500.00
,500.00 " '
,1,440.00
600.00
400.00
200.00
,4,000.00
400.00
'200.00
, 400.00
150.00
200.00 .
75.00
500.00
179.00
1;000.00
200.00,
,2,600.00
2,500.00
, '
. '
$2,600.00 14,444.00' 17,044.00
~~
[III: II-I~
S' \l\r\f . I
I}R~I't
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... -... -'.
. i
~ ,.
"
"
WORt PLAN ~SHINGS AND EQUIPMENT PURQ.
~~
[7
11\ '\11\ I
< '\\. ,\1 :'t' \
,~" !<1"
L \., '
"
__t '
(
:1 " A, .. 8 C '.. D
. .
$ ESG'", $ MaW.
. FURNISHINGS AND P4JIPMENT'; '.. or TO\&l
; Colt 'CoAtI'1but1oD Cost
" ' .. . .
LINENS: "
-
.. ..
:
. . 0 $ 1,000.00 , $ 1,000.00
288 ShEoets
100 Pillows (Water Proof/Stain 0' 1,000.00 1,000.00 ,
Resistant)
140 Blankets , 0 1;400.00 1,400.00
288 Wash Cloths 0 148.00 148.00
288 Bath Towels . .. 0 1,152.00 1,152.00
288 Hand ,Towels 0 450.00 450.00
60 Dish Towels 0, 150.00 150.00
OUTJ)OOR:
Outdoor Table with Benches 0 1,500.00 ' ],,500.00
. (Aluminum)
.
.
,
..
. "
,
-- - . - -..
,
,
"
TOTAL THIS PAGE 0 , 6,800.00 6,800.00
TOTAL llROU~ FORWARD 34,000.00 27,200.00 61,200.00
GRAND TOTAL 34,000.00 34,000.00 68,000.00
-
.
.
,
-
. ,
, '
.
.
.
, '
..
.
. '
. ,
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