HomeMy WebLinkAboutR28-Economic Development Agency
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
Inland Temporary Homes - Homelessness
Prevention and Rapid Re-Honsing Program
Agreement
DATE:
August 21, 2009
Svnopsis of Previous Commission/Council/Committee Action(s):
On July 23. 2009, Redevelopment Committee Members Johnson. Baxter and Brinker unanimously voted to reconunend that the
Community Development Commission consider this action for approvaL
Recommended Motion(s):
(Community Develooment Commission)
Resolution of the Conununity 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
All
Project Area(s):
N/A
Ward(s):
Supporting Data Attached:
It'! Staff Report It'! Resolulion(s)It'!Agreemenl(s)/Contract(s) 0 Map(s) 0 Letter(s)
Funding Requirements:
Amount: $ 1,455,066
Source:
Budget Authority:
HPRP
FY2009/2010
@
~-
Signature: Z. . -
Emil A. Marzullo, Interim Executive Director
Fiscal Revie
. e Services Director
Commission/Couneil Notes:
p, A~endas('omm IJc" Commission ('DC 1009 OQ-08-OQ Inland Temporary Homes Conlract SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 09/08/2009
Agenda Item Number: J2.~1>
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 $1.5 billion was set aside for
homelessness prevention and re-housing. The Homelessness Prevention and Rapid Re-Housing Program
("HPRP") is part of the ARRA and funds under this program will be administered by the United States
Department of Housing and Urban Development ("HUD"). On March 19,2009, HUD announced the
governing provisions of the HPRP with the allocation of funds to local jurisdictions based on the
Emergency Shelter Grant ("ESG") program formula. While HPRP funds were allocated according to the
ESG program formula, it should be noted that the HPRP is a separate program with a different program
purpose and requirements. The City of San Bernardino ("City") received a HPRP grant allocation in the
amount of$I,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-
20 I 0 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 cornmittee 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\Agendas\Comm Dev Commission\CDC 2009\09-08-09lnlil11d Temporary Homes Contract SRdoc
COMMISSION MEETING AGENDA
Meeting Date: 09/0812009
Agenda Item Number: _~10
Economic Development Agency Staff Report
Inland Temporary Homes Agreement
Page 2
ENVIRONMENTAL IMP ACT:
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 Cornmission adopt the attached Resolution.
;f~
Emil A. Marzullo, Interim Executive Director
PlAgendaslComm ~v CommissionlCDC 2009\09.oS-09lnland Temporary Homes Contract SR,doc
COMMISSION MEETING AGENDA
Meeting Date: 09/0812009
Agenda Item Number: I't~;
1
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RESOLUTION NO.
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 IIOMELESSNESS PREVENTION AND RAPID RE-HOUSING
PROGRAM AGREEMENT BY AND BETWEEN THE AGENCY AND
INLAND TEMPORARY HOMES FOR HOMELESSNESS PREVENTION
SERVICES
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
10
$1.5 billion was set aside for homelessness prevention and re-housing; and
11
12
WHEREAS, the Homelessness Prevention and Rapid Re-Housing Program ("HPRP") is
13 part of the ARRA and funds under this program will be administered by the United States
14 Department of Housing and Urban Development C'HUD"); and
15
WHEREAS, the City of San Bernardino ("City") received a HPRP grant allocation in the
amount of$I,455,066; and
16
17
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
18
experiencing homelessness to be re-housed and stabilized; and
19
20
WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency"), as the
sub grantor for the City desires to contract with a non-profit corporation as the subrecipient for the
21
use of HPRP Funds to provide various services for individuals and households about to become
22
homeless or that are homeless; and
23
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.
28
I
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 Cornmission 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.
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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
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Cornmission of the City of San Bernardino at a
8 thereof, held on the day of
9 Commission Members: Aves
10 ESTRADA
11 BAXTER
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18
19
meeting
, 2009, by the following vote to wit:
Navs
Abstain
Absent
Secretary
20 The foregoing Resolution is hereby approved tlus
21
22
23
24
25
26 Approved as to Form:
27 xu.
28 By: ~~nsel
day of
,2009.
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
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 8th 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 $1.5 billion was
set-aside for homelessness prevention and re-housing; and
WHEREAS, the Homelessness Prevention and Rapid Re-Housing Program ("HPRP") is part of
the ARRA and funds under this program will be administered by the United States Department of
Housing and Urban Development ("HUD"); and
WHEREAS, the City of San Bernardino ("City") received a HPRP grant allocation in the
amount of$I,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 Cornmon Council of the City of San Bernardino
("Council") adopted Resolution No. 2009-1 16 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.
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2. Scope 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 everv ninety (90) davs 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 Subgrantee 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
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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 Cornmunity Development Cornmission of the City of San Bernardino ("Cornmission")
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 ofHPRP 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 ",ritten 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 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.
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(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 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-IIO and A-II2, 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-II 0, 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 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.
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(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. Assi!!llabilitv.
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 carrier that thirty (30) days written notice will be given to
the Agency prior to modification, cancellation or reduction in coverage of such
msurance.
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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-liD 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.
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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 V.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 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.
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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.
(I) 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 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
14. Conflict ofInterest.
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. Elicibilitv 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 of24 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:\Agendas\Agenda Anachmcnt.s\Agenda Anachmellts\Agenda Attachments\Agrecmentsl2009\09..{18.()9 Inland 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 SUB RECIPIENT:
Emil A. Marzullo, Interim Executive Director
Redevelopment Agency of the
City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino CA 92401-1507
Leanne Drieberg
Inland Temporary Homes
P.O. Box 239
Loma Linda, CA 92324
18. Bindinl! 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. Lel!al Proceedinl!s.
Should any legal proceedings be cornmenced 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 Al!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 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\Agendas\Agenda Attaclunents\Agenda Attachml'l'1ts\Agenda Attachments\Agr<<mellts\2009\09.QS-09In1and Temporary Homes Agreement
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 0 sel
SUBRECIPIENT
Inland Temporary Homes,
a California non-profit corporation
Dated:
By:
Leanne Drieberg
II
P\Agendas\Agenda Attachments\Agenda AnachmentslAgenda Attacl1mentslAgreemems\2009\09_0S-Q9 Inland Temporary Homes Agreement
EXHIBIT A
Monthly Accomplishment Fonn
Economic Development Agency City of San Bemardino
Inland Temoorarv Homes - HPRP Aareement
Monthly Accomplishment Report for the
Month: 2009/2010
Organization Information
Name:
Address:
Name of Program Activity:
Program Goal for the Year:
Program Goal for the Month:
Actual Program Goal Met:
This 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
Aug
Sept
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Income Levels
Extremely Low Income (30% AMI)
Very Low Income (50% AMI)
Low Income (80% AMI)
Above 80% AMI
TOTAL
30% 50% 80%
HOUSEHOLD SIZE MEDIAN INCOME MEDIAN INCOME MEDIAN INCOME
Extremely Low VerY Low Low
1 $14000 $23 300 37 300
2 $16 000 $26 650 42 650
3 $18 000 $29 950 47950
4 $20 000 $33 300 53 300
5 $21 600 35 950 57 550
6 $23 200 38 650 61 850
7 $24 800 t41 300 66 100
8 $26 400 $43 950 70 350
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P'\AgendiJ.s\Agenda Attacbmcnts\Exhibil:s\2~8-09 Exhibits for Inland Temporary Homes_doc
EXHIBIT A
Economic Development Agency
City of San Bernardino
Inland Temoorarv Homes - HPRP Aareement
Monthly Accomplishment Report for the
Month: 2009/2010
Organization Name:
Ethnicity
Applicants
Non Duplicated Cumulative
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:
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 setved this month, 12 attended J1l hours of service, for a total of 360 service
hours this month.
Year to Date Service Hours:
Julv October Januarv Aoril
AUQust November Februarv May
Seotember 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
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P:\Agendas\Agenda Anadunents\Exhibiu\2009\09-08-09 Exhibits for Inland T~ HOIJES_doc
EXHIBIT A
Economic Development Agency
City of San Bernardino
Inland Temoorarv Homes - HPRP Aareement
Monthly Accomplishment Report for the
Month: 2009/2010
Organization:
I Narrative
Please provide a narrative of what your organization accomplished this month.
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P.\Ag~\Agenda Altachmenll\Exhibiu\2009\09-08-09Exhibits for InIandT~HolJleS_doc
EXHIBIT B
Budget Summary
Economic Development Agency of the
City of San Bernardino
Inland Temoorarv Homes - HPRP Aareement
Name of Organization:
Date Issued:
D Original D Amendment
ensation Insurance
Total Su lies/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/Lendina Oraanization Source of Fundina Amount
Section 108 Loan Guarantee
Other Federal Funds
State/Local Funds
Private Funds
Other
-4.
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