Loading...
HomeMy WebLinkAboutR28- Economic Development Agency ECONOMIICYDE OF SAN ELBOPPMENITOAGENCY ORIGINAL FROM: Emil A.Marzullo SUBJECT: Inland Temporary Homes - Homelessness Interim Executive Director Prevention and Rapid Re-Housing Program Agreement DATE: August 21,2009 Synopsis of Previous Commission/Council/Committee Action(s): On July 23,2009,Redevelopment Committee Members Johnson,Baxter and Brinker unanimously voted to recommend that the Community Development Commission consider this action for approval. Recommended Motion(s): (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Homelessness Prevention and Rapid Re-housing Program Agreement by and between the Agency and Inland Temporary Homes for homelessness prevention services Contact Person(s): Brian Turnbull Phone: (909)663-1044 Project Area(s): N/A Ward(s): All Supporting Data Attached: 0 Staff Report 0 Resolution(s)OAgreement(s)/Contract(s) ❑Map(s)❑ Letter(s) Funding Requirements: Amount: $ 1,455,066 Source: HPRP Budget Authority: FY2009/2010 Signature: Fiscal Revie Emil A.Marzullo,Interim Executive Director ss DeJest s (___h1arirn Admiffisfteli4e Services Director Commission/Council Notes: 2p P:Wg=das\Comm Dv Commission\CM 20 %OM&N InlaM Temporary Homes Commm SR.doc COMMISSION MEETING AGENDA Meeting Date: Agenda Item Number: 1\. J ECONOMIC DEVELOPMENT AGENCY STAFF REPORT INLAND TEMPORARY HOMES -HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM AGREEMENT BACKGROUND: On February 17, 2009, Congress passed the American Recovery and Reinvestment Act of 2009 ("ARRA"), a nearly $800 billion economic recovery package in which $1.5 billion was set aside for homelessness prevention and re-housing. The Homelessness Prevention and Rapid Re-Housing Program ("HPRP") is part of the ARRA and funds under this program will be administered by the United States Department of Housing and Urban Development ("HUD"). On March 19, 2009, HUD announced the governing provisions of the HPRP with the allocation of funds to local jurisdictions based on the Emergency Shelter Grant ("ESG") program formula. While HPRP funds were allocated according to the ESG program formula, it should be noted that the HPRP is a separate program with a different program purpose and requirements. The City of San Bernardino ("City") received a HPRP grant allocation in the amount of$1,455,066. The HPRP funds are to be used to provide financial assistance and services to prevent individuals and households from becoming homeless or to assist those who are experiencing homelessness to be re- housed and stabilized. The funds can be used to pay for short and medium-term rental assistance,housing relocation and stabilization services (mediation; credit counseling; security or utility deposits; utility payments; moving cost assistance; and case management), data collection and evaluation, and administrative costs. CURRENT ISSUE: On May 4, 2009, in accordance with HUD regulations, the Mayor and Common Council of the City of San Bernardino ("Council") approved a Substantial Amendment("Substantial Amendment") to the City's current Annual Action Plan ("Plan"). As part of the Substantial Amendment, Agency Staff prepared the HPRP Grant application documents which detailed the implementation of the grant, specified the activities and programs, authorized dollar amounts for each activity and sought all necessary approvals for submittal. The grant application was submitted to HUD prior to the May 18, 2009 deadline with HUD accepting and approving the City's application. On June 15, 2009, Agency Staff solicited proposals from organizations and community agencies for multi-year projects to be funded under HPRP. The proposals were required to address the City's 2005- 2010 Consolidated Plan goals relating to homelessness prevention and activities must qualify as an eligible activity under the ARRA guidelines. Proposals were due on June 29, 2009 and three proposals were received. The proposals were submitted by Inland Temporary Homes, Catholic Charities and Mercy House. The proposals were reviewed and ranked by a committee consisting of Agency Staff, the County's Office of Homeless Services and Kent Paxton of the Mayor's Office. Inland Temporary Homes proposal was rated the most comprehensive and complete. Under this contract, Inland Temporary Homes will provide short and medium-term rental assistance, utility payment assistance and case management services. P\Apndas\Comm Dev CommissionTDC 300 4A!-WInland iemporuy Homes COnuec[SRdm COMMISSION MEETING AGENDA Meeting Date: 099/08/2009 Agenda Item Number: h 3 Economic Development Agency Staff Report Inland Temporary Homes Agreement Page 2 ENVIRONMENTAL IMPACT: No impact under CEQA pursuant to Section 15301. FISCAL IMPACT: There is no impact to the City's General Fund. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. Emil A. Marzullo,Interim Executive Director PAAgeadaWononD CommiaionTDC208 OM8-0 WandTempon Homa Comma SRdon COMMISSION MEETING AGENDA Meeting Date: 09/08/2009 Aaenda Item Number: r �* 1 RESOLUTION NO. COPY 2 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING 4 THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO 5 EXECUTE A HOMELESSNESS PREVENTION AND RAPID RE-HOUSING 6 PROGRAM AGREEMENT BY AND BETWEEN THE AGENCY AND INLAND TEMPORARY HOMES FOR HOMELESSNESS PREVENTION 7 SERVICES 8 9 WHEREAS, on February 17, 2009, Congress passed the American Recovery and 10 Reinvestment Act of 2009 ("ARRA"), a nearly $800 billion economic recovery package in which 11 $1.5 billion was set aside for homelessness prevention and re-housing; and 12 WHEREAS, the Homelessness Prevention and Rapid Re-Housing Program ("HPRP") is 13 part of the ARRA and funds under this program will be administered by the United States 14 Department of Housing and Urban Development (`HUD"); and 15 WHEREAS, the City of San Bernardino (`City") received a HPRP grant allocation in the 16 amount of$1,455,066; and 17 WHEREAS, the HPRP funds are to be used to provide financial assistance and services to 18 prevent individuals and households from becoming homeless or to assist those who are 19 experiencing homelessness to be re-housed and stabilized; and 20 WHEREAS, the Redevelopment Agency of the City of San Bernardino (`Agency"), as the 21 subgrantor for the City desires to contract with a non-profit corporation as the subrecipient for the 22 use of HPRP Funds to provide various services for individuals and households about to become 23 homeless or that are homeless; and 24 WHEREAS, on May 4, 2009, the Mayor and Common Council of the City of San 25 Bernardino adopted Resolution No. 2009-116 to authorize the submittal of the application to HUD 26 for the HPRP Funds and further authorizes the Agency to administer the use of such funds in 27 furtherance of the purpose of the HPRP. i 28 1 1 WHEREAS, the Subrecipient, as a non-profit corporation, is eligible under the ARRA to 2 receive HPRP Funds to provide those services as described herein. 3 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 4 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 5 FOLLOWS: 6 Section 1. The information set forth in the above recitals of this Resolution is true and 7 correct. 8 Section 2. The Community Development Commission of the City of San Bernardino 9 hereby approves the HPRP Agreement between the Agency and Inland Temporary Homes attached 10 hereto, incorporated herein by reference. 11 Section 3. The Interim Executive Director of the Agency is hereby authorized to 12 execute the HPRP Agreement on behalf of the Agency in substantially the form attached hereto, 13 together with such changes therein as may be approved by the Interim Executive Director of the 14 Agency and Agency Counsel. The Interim Executive Director of the Agency or such other 15 designated representative of the Agency is further authorized to do any and all things and take any 16 and all actions as may be deemed necessary or advisable to effectuate the purposes of the HPRP 17 Agreement, including making non-substantive modifications to the HPRP Agreement. 18 Section 4. This Resolution shall take effect from and after its date of adoption by this 19 Commission. 20 21 22 23 24 25 26 27 28 2 r-- I RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF (� THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING 2 THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT 3 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A HOMELESSNESS PREVENTION AND RAPID RE-HOUSING 4 PROGRAM AGREEMENT BY AND BETWEEN THE AGENCY AND INLAND TEMPORARY HOMES FOR HOMELESSNESS PREVENTION 5 SERVICES 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 7 Development Commission of the City of San Bernardino at a meeting 8 thereof,held on the day of 2009, by the following vote to wit: 9 Commission Members: Ayes Nays Abstain Absent 10 ESTRADA 11 BAXTER 12 BRINKER _ 13 SHORETT 14 KELLEY _ 15 JOHNSON 16 MC CAMMACK 17 18 Secretary 19 20 The foregoing Resolution is hereby approved this day of 2009. 21 22 23 Patrick J. Morris, Chairperson Community Development Commission 24 of the City of San Bernardino 25 26 Approved as to Form: 27 By: 28 Agency C sel 3 HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM AGREEMENT between REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO and INLAND TEMPORARY HOMES HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM AGREEMENT This Agreement, entered into this 8'h day of September, 2009, by and between the Redevelopment Agency of the City of San Bernardino, (hereinafter referred to as the "Agency") and Inland Temporary Homes, a California non-profit corporation, (hereinafter referred to as the "Subrecipient"); WITNESSETH WHEREAS, on February 17, 2009, Congress passed the American Recovery and Reinvestment Act of 2009 ("ARRA"), a nearly $800 billion economic recovery package in which $1.5 billion was set-aside for homelessness prevention and re-housing; and WHEREAS, the Homelessness Prevention and Rapid Re-Housing Program ("HPRP") is part of the ARRA and funds under this program will be administered by the United States Department of Housing and Urban Development("HUD"); and WHEREAS, the City of San Bernardino ("City") received a HPRP grant allocation in the amount of$1,455,066; and WHEREAS, the HPRP funds are to be used to provide financial assistance and services to prevent individuals and households from becoming homeless or to assist those who are experiencing homelessness to be re-housed and stabilized; and WHEREAS, the Agency desires to contract with a non-profit corporation for the use of HPRP funds to provide various services for individuals and households about to become homeless or that are homeless; and WHEREAS, the Subrecipient as a non-profit corporation, is eligible under the ARRA to receive HPRP funds to provide those services as described herein. WHEREAS, on May 4, 2009, the Mayor and Common Council of the City of San Bernardino ("Council') adopted Resolution No. 2009-116 to authorize the submittal of the application to HUD for the HPRP funds and further authorize the Agency to administer the use of such funds in furtherance of the purpose of the HPRP. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Term. The term of this Agreement shall be for a period commencing on September 8, 2009, and terminating on June 30, 2012, or as otherwise provided for in Section 3 herein. 2 P.UgendasV Benda AnnchmentsUgenda AtiachmmssUgende MachmenuUgmts-AmesW 200 N48.W I.6� Temporary H..rc Agee m 2. Scone of Services. The Subrecipient agrees to provide certain HPRP services for individuals and households on the verge of homelessness and those currently experiencing homelessness by utilizing One Million Four Hundred Fifty-Five Thousand Sixty-Six Dollars ($1,455,066) in HPRP funds. The Subrecipient shall complete the insertion of the requisite information in the form title "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 focus upon housing stabilization; linking participants to "mainstream benefits" and community resources; and helping participants develop plans to prevent future housing instability. Program participants must be recertified every ninety (90) days in order to continue to receive assistance. The Subrecipient shall provide the following activities: • Short-term (0-3 months) and medium-term (4 to 18 months) rental assistance such as rent, security deposits and payments, moving cost assistance. • Stabilization services such as case management, housing search and placement, legal services, and credit repair • Outreach and engagement: services to publicize availability of programs to target populations • Certain, limited costs relating to the Homeless Management Information System ("HMIS") such as costs to expand the scope of HMIS to address HPRP or to add agencies to HMIS in order to participate in HPRP • Limited administrative expenses, not to exceed five percent (5%) of the amount provided to Subgrantce applicants 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 Section 3(a), the Agency 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 HUD, referred to in the recitals herein, is reduced, terminated or otherwise becomes unavailable. The Agency shall provide written notice to the Subrecipient within ten (10) working days from the date HUD reduces, suspends or terminates the HPRP funding. This Agreement may, at the discretion of the Interim Executive Director of the Agency, 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 Agency. In accepting said 3 P:V.gendasWgcnda AuachmemsUgenda AuxlmmmsWgesda AnechmcrosWg..maU00 109-0"1N..d Temporary Homes Agmemcns funds, the Agency does not waive any claim or cause of action it may have against the Subrecipient for breach of this Agreement. (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) The Subrecipient will be required to cooperate and work in collaboration with City departments,to include, but not limited to: The Police Department,the Fire Department and Code Compliance and the Agency in an effort to promote the well-being of citizens and aid in the reduction of crime, blight and unsafe living conditions. From time to time, the 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 3, Termination. of this Agreement. 4. Payment of Funds. The Community Development Commission of the City of San Bernardino ("Commission") shall determine the final disposition and distribution of all funds received by the Agency under the Act. On behalf of the City, the Agency shall make payments of HPRP 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 HPRP funds received under this Agreement and deposit all such funds in said account. All disbursements of HPRP 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 a`B", titled "Budget Summary", approved by the Agency, 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 HPRP funds. (b) In no event shall the Agency, or any of its officers, agents or employees, be held liable for expenses incurred by the Subrecipient in excess of the HPRP allocation noted in Section 2, entitled "Scope of Services." (c) Payments may be withheld if, on a determination by the Agency, the Subrecipient has not complied with the covenants herein contained at such times, and in such manner as provided in this Agreement. 4 P Agendas`.Agenda A"echmenta4,anda A"enhmenraUgenda A=hmentsAgreemem92W9W &-0 Wand Temporary Homes 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 Agency with its estimate of the amount of funds which will remain unexpended upon such termination. Notwithstanding any provisions contained in this Section 4, the Agency, 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 Agency finds there has been no substantial progress or activity. 5. 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 the City or the Agency, or any other 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 fortes 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. (c) Inspections. The Subrecipient shall make available to the City or the Agency, or any other 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. (d) Performance Evaluations. The Subrecipient shall permit City or the Agency, or any other state and/or federal officials to monitor, assess or evaluate the Subrecipients 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. 5 P:\Agend.,AgmW.A..hrnsts\Agenda Anachmrnts\Agenda AnachmemsUVsemems @W W48-0 Inland Temporary Homes Agreement (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 4(a) and in accordance with Exhibit "B", "Budget Summary", as shall be submitted by the Subrecipient to the Agency for each reimbursement request and Section 2 Scope of Services, of this Agreement. 6. 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 Agency or the State of California. 7. 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 Agency. This includes the ability to subcontract all, or a portion of, its rights, duties and obligations hereunder. 8. 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, 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 Agency and the City, 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 Agency with policies of insurance, prior to request for first reimbursement for HPRP funds showing that such insurance is in full force and effect, and that the Agency and the City 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 Agency prior to modification, cancellation or reduction in coverage of such insurance. 6 P:UgeWm\AgcM Attar ntsUger Miac ntsUgcM At"chmentSVg mcrost200 N-08-091nWd Tempo Homes Ag mcnt 9. Hold Harmless. The Subrecipient shall indemnify and hold 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 8 shall in no way limit or circumscribe the Subrecipient's obligation to indemnify and hold the Agency and the City harmless as set forth in this Section 9. 10. Federal Requirement. (a) The Subrecipient shall comply with the provisions of the ARRA, and any amendments thereto, and the federal regulations and guidelines now or hereinafter enacted pursuant to the ARRA. More particularly, the Subrecipient is to comply with those regulations found in OMB Circulars Numbered A-110 and A-112, respectively, and appropriate attachments for non-profit organization contractors. (b) 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 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 HPRP expenditure for the public services. (c) 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. 11. 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. 7 Pakgendas\Agenda Anachmeins',Agenda AnuhrnmaUgeMa AuacM1memsUgrennanaa20 _II8-09 Inland Temporary Homes Ageement 12. Non-Discrimination and Equal Opportunity Compliance. The Subrecipient hereby certifies compliance with the following: (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 G responsibilities under these Orders, the Subrecipient must make efforts to encourage the use of minority and women owned business enterprises in connection with HPRP 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) The Subrecipient agrees to abide by, and include 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. 8 P WgeMax\Agenda AnachmmtsWgenda AnachmmssNgenda Ma<hmemsUgttmems�2009�09-08-09 I.I.W Temporary Homes A�meM The Subrecipient and its subcontractors shall give written notice of their obligations 4 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. 13. Affirmative Action Compliance. Each Subrecipient or subcontractor with less than fifty (50) employees shall comply with Section 202, Part I1, 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 14. Conflict of Interest. No person who is (i) an employee, agent, consultant, officer, or elected or appointed official of the Agency or the City, state or the Subrecipient that receives HPRP 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. 15. Elieibility of Contractors and Subcontractors. No HPRP 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. 16. 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). 9 P Wgendas\Agenda A chmemsNpn&A hmentsUpnda A hmnts\Agreement.\M\0408-091n1and Temporary Homes Agreement 17. 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 A. Marzullo, Interim Executive Director Leanne Drieberg Redevelopment Agency of the Inland Temporary Homes City of San Bernardino P.O. Box 239 201 North "E" Street, Suite 301 Loma Linda, CA 92324 San Bernardino CA 92401-1507 18. 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. 19. Assurances. The Subrecipient certifies that it has the legal authority to enter into and meet the requirements of this Agreement. 20. 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 the Agency shall be considered as "legal fees" for the purposes of this section. 21. 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. 22. 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. 10 P.UgendaaWgenda A=u nmssWgenda Anuhm lMgenda An hmanna\A r rna rts�200 N\ 8-0 Wand Temporary Hames AV naem v IN WITNESS WHEREOF, the parties hereto have hereunto placed their hands and seals this day and year first above written. AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Dated: By: Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: By: Agency o sel SUBRECIPIENT Inland Temporary Homes, a California non-profit corporation Dated: By: Leanne Drieberg 11 P Waeadas Agenda Anachmems\Agenda Anachmen aWgeMa Anachmema\Agreemems\2009\tg-0409INand Temporary Homes Agreement n EXHIBIT A Monthly Accomplishment Form Economic Development Agency City of San Bernardino Inland Temporary Homes— HPRP Agreement Monthly Accomplishment Report for the Month: 2009/2010 Organization 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 Extremely Low Very Low Low 1 $14,000 $23,300 $37,300 2 $16,000 $26,650 $42,650 3 118,000 $29,950 $47,950 4 120,000 $33,300 $53,300 5 21,600 $35,950 $57,550 6 123,200 $38,650 $61,850 7 $24,800 $41,300 $66,100 8 $26,400 $43,950 70 350 -1- P.Agcnda grn&An cht wsu xhibas12 W9-08-09 E Nts for INaM Tcopm Hone&c EXHIBIT A Economic Development Agency City of San Bernardino Inland Temporary Homes — HPRP Agreement ig Monthly Accomplishment Report for the Month: 2009/2010 Organization Name: Ethnicity Applicants White: Non Duplicated Cumulative 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: 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 individuals served this month, 12 attended 30 hours of service, fora total of 360 service hours this month. Year to Date Service Hours: Jul October Janua Aril August November Februa May September 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 © _z- P:WScMss grn Attuh=nus hib�� &N Exhibits&1-1v Tcn ,o Homo.d EXHIBIT A Economic Development Agency n City of San Bernardino Inland Temporary Homes — HPRP Agreement Sa�6e ieo. Monthly Accomplishment Report for the Month: 2009/2010 Organization: Narrative Please provide a narrative of what your organization accomplished this month. C -3- P Ugendw gen&Anxhme Ut xhibitsl2�9-08-09 Exhibits for Inlu Tetryo Hones.dac EXHIBIT B Budget Summary Economic Development Agency of the City of San Bernardino Inland Temporary Homes - HPRP Agreement Name of Organization: Date Issued: ❑ Original ❑ Amendment Cost Category Fu ding Total HPRP Other Sources Funding PERSONNEL A. Wages B. Benefits Total Wages/Benefits SUPPLIES/SERVICE CASTS "`` ,•" . ' l- , ` ' v v . Consultant/Contract Services Consumable Supplies Equipment Insurance Other: Uability Insurance s pace Rent Travel Utilities Workman Compensation Insurance Other: Total Supplies/Service Costs If costs are to be shared by other sources of funding, including HPRP funds from other jurisdictions, identify the source of funding, grantor/lending organization and amount. Grantor/Lending Organization Source of Funding Amount Section 108 Loan Guarantee Other Federal Funds State/Local Funds Private Funds Other -4- P'.Wgendu�gen&AlWhmems\Eahbfta ( Q9-D9-0 FAbks fm Inland Temporary Home dm Page 1 of 1 Hartzel Li From: Timothy J. Sabo [sabo @lbbslaw.com] Sent: Wednesday, October 07, 2009 11:52 AM To: Hartzel Li Cc: 'Wasana Chantha'; 'Lorraine Wyche' Subject: inserts to R28 These are the inserts that I read into the record at Monday's CDC meeting: add to the end of the first bullet point in Section 2 on page 3: ; provided that each participant be required to adequately maintain such rental property add a new bullet point to Section 2 on page 3: Target families who are identified on a property basis the criteria for which shall be agreed upon with Agency Staff within thirty (30)days after the date of this Agreement. �Z 10/7/2009 /a -S`c 9 CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCYLDE[FelesYns FROM: Emil A.Marzullo SUBJECT: Inland Temporary interim Executive Director Prevention and Rapid Re-Housing Program Agreement DATE: August 21,2009 Synopsis of Previous Commission/Council/Committee Action(s): On July 23,2009,Redevelopment Committee Members Johnson,Baxter and Brinker unanimously voted to recommend that the Community Development Commission consider this action for approval. Recommended Motion(s): (Community Development Commission) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Homelessness Prevention and Rapid Re-housing Program Agreement by and between the Agency and Inland Temporary Homes for homelessness prevention services Contact Person(s): Brian Turnbull Phone: (909)663-1044 Project Area(s): N/A Ward(s): All Supporting Data Attached: 0 Staff Report 0 Resolution(s)OAgreement(s)/Contract(s) ❑Map(s) ❑ Letter(s) Funding Requirements: Amount: $ 1,455,066 Source: HPRP Budget Authority: FY2009/2010 Signature: Fiscal Reviiri Emil A. Marzullo,Interim Executive Director Deles m Admt ' e Services Director Commission/Council Notes: O -,;2 P:Age sComm Dev Co=wmn CDC 2009 09-M-M InIaM Tem ra Homes Contract Sk. COMMISSION MEETING AGENDA Meeting Date: 101S10 Agenda Item Number: �2 p ECONOMIC DEVELOPMENT AGENCY STAFF REPORT INLAND TEMPORARY HOMES- HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM AGREEMENT BACKGROUND: On February 17, 2009, Congress passed the American Recovery and Reinvestment Act of 2009 ("ARRA"), a nearly $800 billion economic recovery package in which $1.5 billion was set aside for homelessness prevention and re-housing. The Homelessness Prevention and Rapid Re-Housing Program ("HPRP") is part of the ARRA and funds under this program will be administered by the United States Department of Housing and Urban Development ("HUD"). On March 19, 2009, HUD announced the governing provisions of the HPRP with the allocation of funds to local jurisdictions based on the Emergency Shelter Grant ("ESG") program formula. While HPRP funds were allocated according to the ESG program formula, it should be noted that the HPRP is a separate program with a different program purpose and requirements. The City of San Bernardino ("City") received a HPRP grant allocation in the amount of$1,455,066. The HPRP funds are to be used to provide financial assistance and services to prevent individuals and households from becoming homeless or to assist those who are experiencing homelessness to be re- housed and stabilized. The funds can be used to pay for short and medium-term rental assistance, housing relocation and stabilization services (mediation; credit counseling; security or utility deposits; utility payments; moving cost assistance; and case management), data collection and evaluation, and administrative costs. CURRENT ISSUE: On May 4, 2009, in accordance with HUD regulations, the Mayor and Common Council of the City of San Bernardino ("Council') approved a Substantial Amendment ("Substantial Amendment")to the City's current Annual Action Plan ("Plan"). As part of the Substantial Amendment, Agency Staff prepared the HPRP Grant application documents which detailed the implementation of the grant, specified the activities and programs, authorized dollar amounts for each activity and sought all necessary approvals for submittal. The grant application was submitted to HUD prior to the May 18, 2009 deadline with HUD accepting and approving the City's application. On June 15, 2009, Agency Staff solicited proposals from organizations and community agencies for multi-year projects to be funded under HPRP. The proposals were required to address the City's 2005- 2010 Consolidated Plan goals relating to homelessness prevention and activities must qualify as an eligible activity under the ARRA guidelines. Proposals were due on June 29, 2009 and three proposals were received. The proposals were submitted by Inland Temporary Homes, Catholic Chanties and Mercy House. The proposals were reviewed and ranked by a committee consisting of Agency Staff, the County's Office of Homeless Services and Kent Paxton of the Mayor's Office. Inland Temporary Homes proposal was rated the most comprehensive and complete. Under this contract, Inland Temporary Homes © will provide short and medium-term rental assistance, utility payment assistance and case management services. P Ugendas\CommD CommisslonTC 2W9\09 W Wand Temporary Homes Co SAdm COMMISSION MEETING AGENDA Meeting Date: 09/0&7009 Agenda Item Number: U_ Economic Development Agency Staff Report Inland Temporary Homes Agreement Page 2 ENVIRONMENTAL IMPACT: No impact under CEQA pursuant to Section 15301. FISCAL IMPACT: There is no impact to the City's General Fund. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. ��. - f�k Emil A. Malzullo, Interim Executive Director P:WSe�sWomm Dev Commission\CDC 2009M48-09 WW Temporary Horace Comma SP dw COMMISSION MEETING AGENDA Meeting Date: 09/0812009 Agenda Item Number: R33