HomeMy WebLinkAbout2015-041 1 RESOLUTION NO. 2015-41
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO RESCINDING RESOLUTION NUMBER 2014-382 AND
4 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
5 MERCY HOUSE LIVING CENTERS FOR THE OPERATION OF THE SERVICE
ACCESS CENTER; APPROPRIATING AND ALLOCATING $200,000 OF
6 EMERGENCY SOLUTIONS GRANT FUNDING; AND DESIGNATING CITY-OWNED
7 PROPERTY WITHIN SECCOMBE LAKE (BUTLER BUILDING) FOR USE AS THE
CENTRAL DROP-IN/SERVICE ACCESS CENTER
s
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
9 OF SAN BERNARDINO AS FOLLOWS:
to
11 SECTION 1. That Resolution Number 2014-382 is hereby rescinded.
12 SECTION 2. The City Manager is hereby authorized to enter into a contract with Mercy
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House Living Centers of Santa Ana, California for the purpose of operating the Service Access
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15 Center, attached hereto as Exhibit"A."
16 SECTION 3. A total of$200,000 of Emergency Solutions Grant funding is appropriated
17 into the budget as follows:
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ACCOUNT AMOUNT DESCRIPTION
19
116-100-0014-5505 $200,000 Contract Services
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21 SECTION 4. Mercy House Living Centers of Santa Ana, California is hereby awarded
22 $200,000 in HUD-ESG funds for the purpose of operating said Service Access Center and that
23 funding shall be paid from the account number referenced in Section 3 of this Resolution.
24
SECTION 5. The City owned property located at 160 West 5 1 Street (Butler Building),
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26 San Bernardino, California is hereby designated as the location of the Central Drop-In/Service
27 Access Center.
28 //�
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO RESCINDING RESOLUTION NUMBER 2014-382 AND
2 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
3 MERCY HOUSE LIVING CENTERS FOR THE OPERATION OF THE SERVICE
ACCESS CENTER; APPROPRIATING AND ALLOCATING $200,000 OF
4 EMERGENCY SOLUTIONS GRANT FUNDING; AND DESIGNATING CITY-OWNED
PROPERTY WITHIN SECCOMBE LAKE (BUTLER BUILDING) FOR USE AS THE
5 CENTRAL DROP-IN/SERVICE ACCESS CENTER
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7
a
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
9 17th day of February, 2015, by the following vote, to wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
11
MARQUEZ X
12
BARRIOS _ X
13
14 VALDIVIA X
is SHORETT X
16 NICKEL X
17
JOHNSON X
18
19 MULVIHILL X
20
Georgeag Hanna, &WClerk
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22 The foregoing Resolution is hereby approved this day of Feb , 2015.
23 (Note: Mayor Davis broke the tie with a"yes"vote.)
24 R. Carey Davis, Mayor
25 City of San Bernardino
Approved as to form:
26 Gary D. Saenz, City Attorney
27
28 By:
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Emergency Solutions Grant (ESG) Program
Subrecipient Agreement
between
the CITY OF SAN BERNARDINO
and
Mercy House Living Centers
Catalog #14-231
DUNS #179884713
2015-41
AGREEMENT FOR USE OF EMERGENCY SOLUTIONS GRANT FUNDS
THIS AGREEMENT, entered in this by and between the CITY OF SAN
BERNARDINO, (hereinafter referred to as the "CITY") and Mercy House Living
Centers, a California non-profit corporation, (hereinafter referred to as the
"SUBRECIPIENT");
WITNESSETH
WHEREAS, pursuant to Subtitle "B" of the Stewart B. McKinney Homeless
Assistance Act of 1987 (Public Law 100-77), (hereinafter referred to as the "Act"), the
CITY has been awarded Emergency Solutions Grant Program ("ESGP") funds which
are to be used to improve the quality of existing emergency shelters for the homeless,
to help make available additional emergency shelters, and to help meet the costs of
operating emergency shelters and of providing certain essential social services to
homeless individuals; and
WHEREAS, the CITY desires to contract with non-profit corporations for the use
of ESGP funds to provide various services for homeless individuals; and
WHEREAS, the SUBRECIPIENT as a non-profit corporation, is eligible under the
Act to receive ESGP funds to provide those services as described herein;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Term.
The term of this Agreement shall be for a period commencing on or after its
execution date, and terminating on June 30, 2015, or as otherwise provided for in
Section 5 herein.
2. Scope of Services.
The SUBRECIPIENT promises and agrees to provide certain emergency solution
grant program services for homeless persons by utilizing the sum of Two-
Hundred Thousand Dollars ($200,000) in ESGP funds to provide various
services to homeless families and individuals complying with the requirements of
this Agreement for eligible families and individuals as set forth below in this
Section 2, and the SUBRECIPIENT shall complete the insertion of the requisite
information in the form titled "Monthly Accomplishment Report" the form of which
shall be completed monthly and submitted to the City and such form is attached
hereto as Exhibit "A", and by this reference, incorporated herein. The
SUBRECIPIENT shall also provide homeless individuals with assistance in
obtaining (i) appropriate supportive services, including permanent housing,
physical and mental health treatment, counseling, supervision, and other
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services essential for achieving independent living, and; (ii) other federal, state,
local and private assistance provided hereunder shall be in full conformity with
the Act, and any amendments thereto, and the federal regulations and guidelines
now, or hereinafter enacted pursuant to the Act.
The SUBRECIPEINT shall comply and perform according to Exhibit "B" which is
attached in this subrecipient agreement. All ESGP monies should be spent
according to Exhibit "B", any budget amendments or changes to the scope of
services shall be approved by the City Manager.
3. Matching Funds.
The SUBRECIPIENT must supplement its emergency solutions grant amounts
with an equal amount of funds from sources other than those provided herein
and from non-federal sources. These funds must be provided after the date of
the grant award to the SUBRECIPIENT. The SUBRECIPIENT may comply with
this requirement by providing the supplemental funds itself, or voluntary efforts or
gifts in kind provided to the SUBRECIPIENT, as appropriate.
4. Calculating the Matching Amount.
The SUBRECIPIENT, as a specialist in the field, shall provide a variety of
consultating services related to development and management of the Homeless
Access Center and eventual programming of the site through the duration of this
contract and any amendments as "voluntary efforts" or "gifts in kind" to satisfy the
match requirement.
5. Termination.
(a) Either party may terminate this Agreement upon thirty (30) days prior
written notice to the other party.
(b) Notwithstanding the provisions of Section 5(a), the CITY may suspend or
terminate this Agreement forthwith for cause, upon written notice to the
SUBRECIPIENT of the action being taken. Cause shall be established, (i)
in the event the SUBRECIPIENT fails to perform the covenants herein
contained; (ii) in the event there is a conflict with any federal, state or local
law, ordinance, regulation or rule rendering any of the provisions of this
Agreement invalid or untenable, or; (iii) in the event the funding from the
United States Department of Housing and Urban Development (HUD),
referred to in the recitals herein, is reduced, terminated or otherwise
becomes unavailable. The CITY shall provide written notice to the
SUBRECIPIENT within ten (10) working days from the date HUD reduces,
suspends or terminates the ESGP funding. This Agreement may, at the
discretion of the Administrator of the CITY, be either terminated or
amended to reflect said reduction of funds.
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(c) Upon termination of this Agreement, the SUBRECIPIENT agrees to return
any unencumbered funds which it has been provided by the CITY. In
accepting said funds, the CITY does not waive any claim or cause of
action it may have against the SUBRECIPIENT for breach of this
Agreement.
(d) Upon termination of this Agreement, the SUBRECIPIENT shall not incur
any obligations after the effective date of such termination.
(e) Any provisions for inspection and audits relative to the expenditure of
funds provided for hereunder shall not be ended upon the date of any
termination but shall continue thereafter as specified herein.
(f) SUBRECIPIENT will be required to cooperate and work in collaboration
with City departments, to include but not limited to: Police Department,
Fire Department and Code Compliance and the Office of the City Manager
in an effort to promote the well-being of citizens and aid in reduction of
crime, blight and unsafe living conditions. From time to time,
SUBRECIPIENT may be required to attend meetings to be held at the
City. Failure to cooperate may result in the termination of this Agreement
in accordance with Section 5. Termination. of this Agreement.
6. Payment of Funds.
The Mayor and Common Council of the CITY shall determine the final disposition
and distribution of all funds received by the CITY under the Act. The City shall
make payments of ESGP funds to the SUBRECIPIENT based upon the
information submitted in the form titled "Monthly Accomplishment Report" as
attached hereto as Exhibit "A" and the City shall monitor the expenditure of funds
and activities of the SUBRECIPIENT to ensure compliance with applicable
federal regulations and the terms of this Agreement. The SUBRECIPIENT shall
establish and maintain a separate account for all ESGP funds received under this
Agreement and deposit all such funds in said account.
All disbursements of ESGP funds by the City will be made in the following
manner:
(a) Payments shall be made on a reimbursement basis and made within thirty
(30) days after the SUBRECIPIENT has submitted written notice
identifying payments made and requesting reimbursement. Payments
shall be based on documented expenses by the SUBRECIPIENT, in the
form of Exhibit "B", titled "Budget Breakdown", and Exhibit "A" titled
"Request for Reimbursement," approved by the Administrator, or his/her
designee, upon each submittal, which form when completed shall include
all the information required therein as a condition precedent for the
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commitment of the City to remit the reimbursements to the
SUBRECIPIENT of the ESGP funds. The City shall reimburse on a
monthly basis. All Requests for Reimbursement shall be submitted on a
monthly basis in accordance with HUD regulations "Audit Ready" by the
5th of every month beginning in August.
(b) In no event shall the CITY, or any of its officers, agents or employees, be
held liable for expenses incurred by the SUBRECIPIENT in excess of the
ESGP allocation noted in Section 2, entitled "Scope of Services."
(c) Payments may be withheld if, on a determination by the Administrator, the
SUBRECIPIENT has not complied with the covenants herein contained at
such times, and in such manner as provided in this Agreement.
(d) No later than thirty (30) days prior to the date set forth herein for
termination of this Agreement, the SUBRECIPIENT shall provide the CITY
with its estimate of the amount of funds which will remain unexpended
upon such termination.
Notwithstanding any provisions contained in this Section 6, the City, through its
Administrator, shall thereafter, upon reasonable notice provide to the
SUBRECIPIENT, have the right to (i) reduce the payment of funds hereunder, (ii)
renegotiate the actual levels of expenditures in the event the SUBRECIPIENT's
rate of expenditures will result in unexpended funds at the expiration of this
Agreement, and/or; (iii) re-program funds associated with this Agreement in
which the Administrator finds there has been no substantial progress or activity.
7. Documentation, Reports, Inspections and Performance Evaluations.
(a) Documentation of Expenditures. All expenditures supported by properly
executed payrolls, time records, invoices, contracts, vouchers, receipts,
orders and any other accounting documentation pertaining, in whole or in
part, to this Agreement, shall be clearly identified and readily accessible.
The SUBRECIPIENT shall maintain and keep available all such
documents for a period of not less than three (3) years from the
termination of this Agreement, if a CITY, 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
City may require, shall furnish the City such statements, records, reports,
data and information as the City may request pertaining to its performance
of services hereunder and other matters covered by this Agreement. The
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SUBRECIPIENT shall establish and maintain records in accordance with
the Office of Management and Budget (OMB) Circulars Numbered A-110
and A-112, respectively, as applicable to the acceptance and use of
emergency solutions grant funds.
(c) Inspections. The SUBRECIPIENT shall make available to the 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. 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, state
and/or federal officials to monitor, assess or evaluate the
SUBRECIPIENT's performance under this Agreement on at least a
monthly basis, said monitoring, assessment or evaluation to include, but
not be limited to, audits, inventory, inspections within the program area,
and interviews with the SUBRECIPIENT's employees, agents,
independent contractors and subcontractors, providing the services under
this Agreement and recipients thereof.
(e) This Agreement contemplates that the SUBRECIPIENT will pay salaries,
utilities and furnishings with the monies that will be remitted to the
SUBRECIPIENT as reimbursement amounts pursuant to Section 6(a) and
in accordance with Exhibit "B", "Budget Breakdown", as shall be submitted
by the SUBRECIPIENT to the City for each reimbursement request and
Section 2 Scope of Services, of this Agreement.
8. Building or Facility.
(a) The location of the "San Bernardino Access Center" is 247 East 7th
Street, San Bernardino, CA, 92419, also known as "The Butler
Building." Any building for which emergency solutions grant funds are
used for renovation, conversion, or major rehabilitation, must meet local
safety and sanitation standards.
(b) When ESGP funds are utilized to provide emergency shelter for the
homeless in hotels or motels or other commercial facilities providing
transient housing, (i) the SUBRECIPIENT, at the request of the CITY,
shall execute an Agreement with the provider of such housing which
provides that comparable living space, in terms of quality, available in the
facility for use as emergency shelters for at least the same period of time
as provided in Section 9 herein, and; (ii) leases negotiated between the
SUBRECIPIENT and the provider of such housing shall make available
such living space at substantially less than the daily room rate otherwise
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charged by the facility and; (iii) the SUBRECIPIENT shall certify, in writing,
to CITY that it has considered using other facilities as emergency shelter
for the homeless in the City.
(c) The SUBRECIPIENT shall ensure that any building or facility is utilized
exclusively for secular purposes and is made available to all persons
regardless of religion. If ESGP funds are used to renovate, rehabilitate, or
convert buildings owned by primarily religious organization or entities, the
SUBRECIPIENT shall comply with the provisions of Title 24, Code of
Federal Regulations, Part 575.21(b)(2).
(d) The SUBRECIPIENT shall comply with the Uniform Federal Accessibility
Standards (24 CFR, Part 40, Appendix "A"), when activities funded by the
ESGP involve major rehabilitation or conversion.
9. Maintenance as a Homeless Facility.
(a) The SUBRECIPIENT shall maintain any building for which ESGP funds
are used for not less than a three (3) year period or for not less than a ten
(10) year period if the grant amounts are used for major rehabilitation or
conversion of the building.
(b) The three (3) or ten (10) year periods begin to run, (i) on the date of initial
occupancy as an emergency shelter for the homeless when the building
utilized was not operated as an emergency shelter for the homeless
before receiving ESGP funds, or; (ii) on the date that ESGP funds are first
obligated to the shelter when the building was operated as an emergency
shelter before receiving ESGP funds, or; (ii) on the date that ESGP funds
are first obligated to shelter when the building was operated as an
emergency shelter before receiving ESGP funds.
(c) When ESGP funds are used exclusively to provide essential services
including, but not limited to, services concerned with employment, physical
or mental health, substance abuse, education, food, equipment or
furnishings, the time periods noted in (a) above are not applicable.
10. Independent Capacity.
The SUBRECIPIENT, and its officers, employees and agents, shall act in an
independent capacity during the term of this Agreement and shall not act as,
shall not be, nor shall they in any manner be construed to be officers, employees,
or agents of the CITY or the State of California.
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11. Assignability.
The SUBRECIPIENT cannot assign any of its rights, duties or obligations
pursuant to this Agreement to any person or entity without the prior written
consent of the CITY. This includes the ability to subcontract all, or a portion of,
its rights, duties and obligations hereunder.
12. Insurance.
The SUBRECIPIENT shall during the term of this Agreement:
(a) Procure and maintain Workers' Compensation Insurance as prescribed by
the laws of the State of California.
(b) Procure and maintain comprehensive general and automobile (owned,
non-owned and hired vehicles) 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 CITY its officers, officials, attorneys,
agents, employees, volunteers and independent contractors as additional
insureds with respect to this Agreement and the obligations of the
SUBRECIPIENT hereunder. Such insurance shall provide for combined
coverage limits of not less than $1,000,000 per occurrence.
(c) Furnish the CITY with policies of insurance attached hereto as Exhibit "D",
and by this reference, incorporated herein showing that such insurance is
in full force and effect, and that the CITY its officers, officials, attorneys,
agents, employees and volunteers are named as additional insureds with
respect to this Agreement and the obligations of the SUBRECIPIENT
hereunder. Further, said policies shall contain the covenant of the
insurance carrier that thirty (30) days written notice will be given to the
CITY prior to modification, cancellation, or reduction in coverage of such
insurance. Acceptable proofs of insurance includes: ACCORD Certificate
of Insurance listing all coverage, limits, deductibles and insurers;
and blanket endorsements for all applicable coverage if agent has
authority to issue it; or Binders of insurance for all coverage. Agents
must confirm that policy endorsements have been ordered from the
respective insurance companies. Upon issuance, policy
endorsements and a corresponding Certificate of Insurance listing
all insurers and coverage must be submitted to the City (Insurance
binders are only valid for 30 days and may need to be reissued if the
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policy endorsements are still pending. Binders may be issued for a
maximum of three, thirty (30) day periods).
13. Hold Harmless.
The SUBRECIPIENT shall indemnify and hold the CITY its officers, officials,
attorneys, agents, employees, volunteers and independent contractors free and
harmless from any liability whatsoever, including wrongful death, based or
asserted upon any act or omission of the SUBRECIPIENT, its officers, agents,
employees and independent contractors in any legal action based upon such
alleged acts or omissions. The specific insurance coverage required in Section
12 shall in no way limit or circumscribe the SUBRECIPIENT'S obligation to
indemnify and hold the CITY harmless as set forth in this Section 13.
14. Federal Requirement.
(a) The SUBRECIPIENT shall comply with the provisions of the Act, and any
amendments thereto, and the federal regulations and guidelines now or
hereinafter enacted pursuant to the Act. More particularly, the
SUBRECIPIENT is to comply with those regulations found in Part 575 of
Title 24 of the Code of Federal Regulations and OMB Circulars Numbered
A-110 and A-112, respectively, and appropriate attachments for non-profit
organization contractors.
(b) The SUBRECIPIENT represents that it is, or may be, a religious or
denominational institution or organization or an organization operated for
religious purposes which is supervised or controlled by, or in connection
with, a religious or denominational institution or organization.
(c) The SUBRECIPIENT agrees that, in connection with the services to be
provided hereunder, (i) it will not discriminate against any employee or
applicant for employment on the basis of religion and will not limit
employment or give 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
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a structure used exclusively for non-religious purposes, and; constitute in
dollar terms only a minor portion of the ESGP expenditure for the public
services.
(d) The SUBRECIPIENT shall comply with the Housing and Community
Development Act (HCD Act) of 1992 (Public Law 102-550, approved
October 28, 1992), which requires the involvement of, to the extent
practicable, homeless individuals and families and operating facilities
assisted under the ESGP in providing services for occupants of these
facilities (42 U.S.C. 11375(c)(7), as added by Section 1402 (b)).
(e) The SUBRECIPIENT shall comply with HCD Act, Section 1402 (d), which
requires that termination of assistance to any individual or family be in
accordance with a formal process, which may include a hearing,
established by the SUBRECIPIENT.
15. Compliance with Law.
The SUBRECIPIENT shall comply with all federal, state and local laws and
regulations pertinent to its operation and services to be performed hereunder,
and shall keep in effect any and all licenses, permits, notices and certificates as
are required thereby. The SUBRECIPIENT shall further comply with all laws
applicable to wages and hours of employment, occupational safety and to fire
safety, health and sanitation.
16. Comprehensive Homeless Assistance Plan.
The SUBRECIPIENT shall cooperate with the CITY in undertaking emergency
solutions grant activities and shall assist the CITY in carrying out the
Comprehensive Homeless Assistance Plan and any other applicable strategies
implemented by the CITY and shall act in conformity therewith.
17. 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);
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(d) Executive Order Number 11063 and implementing regulations issued
pursuant thereto (25 CFR, Part 107);
(e) Age Discrimination Act of 1975 (42 U.S.C., Sections 6101-6107);
(f) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794),
and;
(g) Executive Orders Numbered 11625, 12432 and 12138 consistent with
HUD's responsibilities under these Orders, the SUBRECIPIENT must
make efforts to encourage the use of minority and women owned business
enterprises in connection with ESGP activities;
(h) The SUBRECIPIENT shall establish and maintain a procedure through
which homeless individuals will be informed of the facilities and services
available to all on a nondiscriminatory basis.
(i) SUBRECIPIENT agrees to abide by, and include in any subcontracts to
perform work under this Agreement, the following clause:
"During the performance of this Agreement, the SUBRECIPIENT and its
subcontractors shall not unlawfully discriminate against any employee or
application for employment because of race, religion, color, national origin,
ancestry, physical handicap, medical condition, marital status, age (over
40), or sex. The SUBRECIPIENT and subcontractors shall ensure that
the evaluation and treatment of their employees and applications for
employment are free of such discrimination.
The SUBRECIPIENT and subcontractors shall comply with the provisions
of the Fair Employment and Housing Act (Government Code, Section
12900 et. seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code Section 12990, set
forth in Chapter five (5) of Division four (4) of Title two (2) of the California
Administrative Code are incorporated into this Agreement by reference
and made a part hereof as if fully set forth at length.
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
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any person on the basis of religion, color, ethnic group identification, sex,
age or physical or mental disability.
(1) The SUBRECIPIENT shall furnish all information and reports as required
by Executive Order Number 11246, as amended.
(m) The SUBRECIPIENT shall include the non-discrimination and compliance
provisions of the equal opportunity clause in all subcontracts, if any.
18. Affirmative Action Compliance.
Each SUBRECIPIENT or subcontractor with less than fifty (50) employees shall
comply with Section 202, Part 11, of Executive Order Number 11246, as
amended. The SUBRECIPIENT shall ensure that subcontractors, if any, failing
within the scope of this provision shall comply in full with the requirements
thereof
19. Conflict of Interest.
No person who is (i) an employee, agent, consultant, officer, or elected or
appointed official of the CITY, state or the SUBRECIPIENT that receives ESGP
funds and who exercises or has exercised any functions or responsibilities with
respect to assisted activities, or; (ii) in a position to participate in a decision
making process or gain inside information with regard to such activities, may
obtain a personal or financial interest or benefit from the activity, or have an
interest in any contract, subcontract or agreement with respect thereto, or the
proceeds thereunder, either for himself or herself or those with whom he or she
has family or business ties, during his or her tenure or for one (1) year thereafter.
20. Eligibility of Contractors and Subcontractors.
No ESGP funds allocated to the SUBRECIPIENT through this Agreement may
be used, directly or indirectly, to employ, award contracts to, or otherwise engage
the services of, or purchase the goods of, or fund any contractor or subcontractor
during any period of debarment, suspension, or placement in ineligibility status
under the provision of 24 CFR, Part 4.
21. Lead Based Paint.
The SUBRECIPIENT and all subcontractors, if any, shall comply with the
requirements, as applicable, of the Lead-Base Paint Poisoning Prevention Act
(42 U.S.C., Section 4821-4846) and implementing regulations issued pursuant
thereto (24 CFR, Part 35).
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22. Flood Insurance.
No site proposed on which renovation, major rehabilitation, or conversion of a
building, is to be assisted under this part, other than by grant amounts allocated
to the state, may be located in an area that has been identified by the Federal
Emergency Management Agency as having special flood hazards, unless the
community in which the areas is situated is participating in the National Flood
Insurance Program and the regulations issued thereunder (44 CFR, Parts 59-79)
or less than a year has passed since the Federal Emergency Management
Agency notification regarding such hazards, and the SUBRECIPIENT will ensure
that flood insurance on the structure is obtained in compliance with Section
102(a) of the Flood Disaster Protection Act of 1973, (42 U.S.C., Section 4001 et.
seq.).
23. Notice.
Any notices required or desired to be served by either party upon the other 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 CITY: AS TO SUBRECIPIENT:
Allen J. Parker Patti Long
Office of the City Manager Mercy House
300 North D Street, 6th Floor 807 N. Garfield Street
San Bernardino, CA 92401 Santa Ana, CA 92702
24. Binding Successors.
The SUBRECIPIENT, its heirs, assigns and successors in interest shall be bound
by all the provisions contained in this Agreement, and all of the parties thereto
shall be jointly and severally liable hereunder.
25. Assurances.
The SUBRECIPIENT certifies that it has the legal authority to enter into and meet
the requirements of this Agreement.
26. Legal Proceedings.
Should any legal proceedings be commenced to enforce, enjoin, or collect funds
or otherwise affect this Agreement between the parties it should be filed in San
Bernardino County Superior Court. The prevailing party shall be entitled to
recover its reasonable legal fees. The costs, salary and expenses of the City
Attorney and members of his office in enforcing this Agreement on behalf of the
City shall be considered as "legal fees" for the purposes of this section.
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27. Entire Agreement.
This Agreement is intended by the parties hereto as the final and exclusive
expression of these provisions contained in this Agreement and it supersedes
and replaces any and all prior and contemporaneous agreements and
understandings, oral or written, in connection therewith. This Agreement may be
modified or changed only upon the written consent of the parties hereto.
28. No Third Party Beneficiaries.
No third party shall be deemed to have any rights hereunder against any of the
parties hereto as a result of this Agreement.
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ESG SUBRECIPIENT AGREEMENT
between
THE CITY OF SAN BERNARDINO
and
Mercy House
IN WITNESS WHEREOF, the parties hereto have hereunto their hands and seals this
day and year first above written.
CITY OF SAN BERNARDINO Mercy House,
a California non-profit corporation
Allen J. Parker, City Manager Executive Director
ATTEST
City of San Bernardino
City Clerk
Approved as to form:
Gary Saenz, City Attorney
By:
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EXHIBIT A
"REIMBURSEMENT FORM"
CITY OF SAN BERNARDINO
EMERGENCY SOLUTIONS GRANT
REQUEST FOR REIMBURSEMENT
PROGRAM YEAR 2014-2015
Subrecipient Name:
Address:
City: State: Zip Code:
THE UNDERSIGNED HEREBY CERTIFIES THAT THE EXPENDITURES IDENTIFIED
ON THE ATTACHED "BUDGET BREAKDOWN FORM" ARE TRUE AND CORRECT,
AND THAT SAID EXPENDITURES WERE INCURRED AND PAID WITHIN THE
MONTH DESIGNED ABOVE IN ACCORDANCE WITH THE AGREEMENT
IDENTIFIED HEREIN. EVIDENCE OF ALL PAYMENTS (BILLS AND/OR RECEIPTS
AND CHECK COPIES) FOR EACH OF THE EXPENDITURES LISTED IS ATTACHED
HERETO.
AMOUNT REQUESTED:
MONTH OF: , 20_
Authorized Signature: Date:
Print Name: Title:
Name of Contact Person should there be any questions regarding this Reimbursement:
Name: Phone Number: ( ) -
E-Mail Address:
Office Use Only
Reviewed/Approved by: Date:
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ESG MONTHLY BUDGET BREAKDOWN
MONTH: PROGRAM YEAR: 2014-2015
SUBRECIPIENT NAME:
APPROVED GRANT $
AMOUNT:
Budgeted REQUEST Balance
Amount by Funding Source Amount Current Year to Date Available
Month
Payee title (Do Not Use
Names)
1. $ 0.00
2. $ 0.00
3. $ 0.00
4. $ 0.00
SALARY SUB-TOTALS: $ > 0.00 $ 0.00 $ 0.00 $ 0.00
6. FICA/SUI $ 0.00
7. Life/Health/Dental $ 0.00
Insurance
8. Other (explain & $ 0.00
document)
9. $ 0.00
10. $ 0.00
BENEFIT SUB-TOTALS: $ '0.00 $ 0.00 $ 0.00 $ 0.00
11. Accounting/Bookkeeping $ 0.00
12. Rent $ 0.00
13. Utilities $ 0.00
14. Insurance $ 0.00
15. Office Supplies $ 0.00
16. Travel $ 0.00
17. Consumable Supplies $ 0.00
18. Other $ 0.00
OTHER SUB-TOTALS $ 0.00 $ 0.00 $ 0.00 $ 0.00
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MONTHLY GRAND TOTALS f $ 0.00 $ 0.00 $ 0.00 $ 0.00
PLEASE ATTACH SUPPORTING INVOICES AND DOCUMENTATION.
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CITY OF SAN BERNARDINO
EMERGENCY SOLUTIONS GRANT
MONTHLY ACCOMPLISHMENT REPORT FOR THE
MONTH: 2014/2015
SUBRECIPIENT INFORMATION
Name:
Address:
Name of Program Activity:
Actual Program Goal Met:
Program Goal for the Year: This Month:
Program Goal for the Month: Year to Date:
NUMBER OF BENEFICIARIES SERVED THIS MONTH
Number of Individuals Benefited this Month:
Number of Female Head of Households:
Of the Number of Individuals Benefited, How many were New Applicants:
Number of Individuals Benefited Year to Date Totals. Current and New Columns, when
added together, should equal total Number of Individuals Benefited this Month:
Curre Curren Curren Curren
t New t New t New t New
July Oct Ja Apr
n
Aug No Fe Ma
v _ b _ y _
Sep De Ma Jun
t c r
INCOME LEVELS
Extremely Low Income (30% AMI) Above 80% AMI
Very Low Income (50% AMI)
Low Income (80% AMI)
TOTAL
HOUSEHOL 30% 50% 80%
D SIZE MEDIAN INCOME MEDIAN INCOME MEDIAN INCOME
Extremely Low Very Low LOW
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1 $13,800 $22,750 $36,700
2 $15,750 $26,200 $41,950
3 $17,700 $29,500 $47,200
4 $19,650 $32,750 $52,400
5 $21,250 $35,400 $56,600
6 $22,800 $38,000 $60,800
7 $24,400 $40,650 $65,000
8 $25,950 $43,250 $69,200
CITY OF SAN BERNARDINO
EMERGENCY SOLUTIONS GRANT
MONTHLY ACCOMPLISHMENT REPORT FOR THE
MONTH: 2014-2015
Subrecipient Name:
ETHNICITY
Applicants
Non- Cumulative
Duplicated
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:
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, for a total of 360 service hours this month.
Year to Date Service Hours:
July October January April
Au gust November February May
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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
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EXHIBIT B
"Budget Breakdown"
Access Center
Admin Salaries/ Professional Services' Budget for Six Months
Executive Director $2,500.00
Operations Director $2,500.00
HR $2,500.00
Admin/Data $2,500.00
Bookkeeper $2,500.00
Volunteer coordination $1,250.00
Professional Fees $1,250.00
Admin Salaries/Professional Services
Totals $15,000.00
Operation - Pro ram Salaries' Bud et for Six Months
Program Director $20,000.00 20 hours a week
Program Manager $24,000.00 FT
ES Program Coordinator $20,000.00 FT
ES Program Coordinator $10,400.00 25 hours a week
Program Salary Totals $74,400.00
Operations and Pro ram Expenses
Rent Assumes none
Utilities $1,500.00
Computer $2,500.00
Insurance $500.00
Office supplies $500.00
Phones $1,000.00
HMIS $750.00
E ui tment Leasing $250.00
Security/Maintenance
Security Guard $26,000.00
Maintenance Supplies $300.00
Security System $300.00
Client Services & Supplies
Supplies $1,500.00
Services
2000 Bus Ticket provided for
Transportation Assistance $8,000.00 appointment
Food Voucher $10,000.00 1000 Food Vouchers valued at $10
Special Needs $7,500.00 Shoes, uniform, tools, RX, ID, etc.
Motel AssistanceNouchers $10,000.00 200 bed nights $50 per night
HPP/RR $40,000.00 Approximately 15 households
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Operation and Program Expenses
Totals $110,600.00
TOTAL OUTFLOWS $200,000.00
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Emergency Solutions Grant (ESG) Program
Subrecipient Agreement
between
the CITY OF SAN BERNARDINO
and
Mercy House Living Centers
Catalog #14-231
DUNS #179884713
2015-41
AGREEMENT FOR USE OF EMERGENCY SOLUTIONS GRANT FUNDS
THIS AGREEMENT, entered in this by and between the CITY OF SAN
BERNARDINO, (hereinafter referred to as the "CITY') and Mercy House Living
Centers, a California non-profit corporation, (hereinafter referred to as the
"SUBRECIPIENT");
WITNESSETH
WHEREAS, pursuant to Subtitle "B" of the Stewart B. McKinney Homeless
Assistance Act of 1987 (Public Law 100-77), (hereinafter referred to as the "Act"), the
CITY has been awarded Emergency Solutions Grant Program ("ESGP") funds which
are to be used to improve the quality of existing emergency shelters for the homeless,
to help make available additional emergency shelters, and to help meet the costs of
operating emergency shelters and of providing certain essential social services to
homeless individuals; and
WHEREAS, the CITY desires to contract with non-profit corporations for the use
of ESGP funds to provide various services for homeless individuals; and
WHEREAS, the SUBRECIPIENT as a non-profit corporation, is eligible under the
Act to receive ESGP funds to provide those services as described herein;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Term.
The term of this Agreement shall be for a period commencing on or after its
execution date, and terminating on June 30, 2015, or as otherwise provided for in
Section 5 herein.
2. Scope of Services.
The SUBRECIPIENT promises and agrees to provide certain emergency solution
grant program services for homeless persons by utilizing the sum of Two-
Hundred Thousand Dollars ($200,000) in ESGP funds to provide various
services to homeless families and individuals complying with the requirements of
this Agreement for eligible families and individuals as set forth below in this
Section 2, and the SUBRECIPIENT shall complete the insertion of the requisite
information in the form titled "Monthly Accomplishment Report" the form of which
shall be completed monthly and submitted to the City and such form is attached
hereto as Exhibit "A", and by this reference, incorporated herein. The
SUBRECIPIENT shall also provide homeless individuals with assistance in
obtaining (i) appropriate supportive services, including permanent housing,
physical and mental health treatment, counseling, supervision, and other
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services essential for achieving independent living, and; (ii) other federal, state,
local and private assistance provided hereunder shall be in full conformity with
the Act, and any amendments thereto, and the federal regulations and guidelines
now, or hereinafter enacted pursuant to the Act.
The SUBRECIPEINT shall comply and perform according to Exhibit "B" which is
attached in this subrecipient agreement. All ESGP monies should be spent
according to Exhibit "B", any budget amendments or changes to the scope of
services shall be approved by the City Manager.
3. Matching Funds.
The SUBRECIPIENT must supplement its emergency solutions grant amounts
with an equal amount of funds from sources other than those provided herein
and from non-federal sources. These funds must be provided after the date of
the grant award to the SUBRECIPIENT. The SUBRECIPIENT may comply with
this requirement by providing the supplemental funds itself, or voluntary efforts or
gifts in kind provided to the SUBRECIPIENT, as appropriate.
4. Calculating the Matching Amount.
The SUBRECIPIENT, as a specialist in the field, shall provide a variety of
consultating services related to development and management of the Homeless
Access Center and eventual programming of the site through the duration of this
contract and any amendments as "voluntary efforts" or "gifts in kind" to satisfy the
match requirement.
5. Termination.
(a) Either party may terminate this Agreement upon thirty (30) days prior
written notice to the other party.
(b) Notwithstanding the provisions of Section 5(a), the CITY may suspend or
terminate this Agreement forthwith for cause, upon written notice to the
SUBRECIPIENT of the action being taken. Cause shall be established, (i)
in the event the SUBRECIPIENT fails to perform the covenants herein
contained; (ii) in the event there is a conflict with any federal, state or local
law, ordinance, regulation or rule rendering any of the provisions of this
Agreement invalid or untenable, or; (iii) in the event the funding from the
United States Department of Housing and Urban Development (HUD),
referred to in the recitals herein, is reduced, terminated or otherwise
becomes unavailable. The CITY shall provide written notice to the
SUBRECIPIENT within ten (10) working days from the date HUD reduces,
suspends or terminates the ESGP funding. This Agreement may, at the
discretion of the Administrator of the CITY, be either terminated or
amended to reflect said reduction of funds.
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(c) Upon termination of this Agreement, the SUBRECIPIENT agrees to return
any unencumbered funds which it has been provided by the CITY. In
accepting said funds, the CITY does not waive any claim or cause of
action it may have against the SUBRECIPIENT for breach of this
Agreement.
(d) Upon termination of this Agreement, the SUBRECIPIENT shall not incur
any obligations after the effective date of such termination.
(e) Any provisions for inspection and audits relative to the expenditure of
funds provided for hereunder shall not be ended upon the date of any
termination but shall continue thereafter as specified herein.
(f) SUBRECIPIENT will be required to cooperate and work in collaboration
with City departments, to include but not limited to: Police Department,
Fire Department and Code Compliance and the Office of the City Manager
in an effort to promote the well-being of citizens and aid in reduction of
crime, blight and unsafe living conditions. From time to time,
SUBRECIPIENT may be required to attend meetings to be held at the
City. Failure to cooperate may result in the termination of this Agreement
in accordance with Section 5. Termination. of this Agreement.
6. Payment of Funds.
The Mayor and Common Council of the CITY shall determine the final disposition
and distribution of all funds received by the CITY under the Act. The City shall
make payments of ESGP funds to the SUBRECIPIENT based upon the
information submitted in the form titled "Monthly Accomplishment Report" as
attached hereto as Exhibit "A" and the City shall monitor the expenditure of funds
and activities of the SUBRECIPIENT to ensure compliance with applicable
federal regulations and the terms of this Agreement. The SUBRECIPIENT shall
establish and maintain a separate account for all ESGP funds received under this
Agreement and deposit all such funds in said account.
All disbursements of ESGP funds by the City will be made in the following
manner:
(a) Payments shall be made on a reimbursement basis and made within thirty
(30) days after the SUBRECIPIENT has submitted written notice
identifying payments made and requesting reimbursement. Payments
shall be based on documented expenses by the SUBRECIPIENT, in the
form of Exhibit "B", titled "Budget Breakdown", and Exhibit "A" titled
"Request for Reimbursement," approved by the Administrator, or his/her
designee, upon each submittal, which form when completed shall include
all the information required therein as a condition precedent for the
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commitment of the City to remit the reimbursements to the
SUBRECIPIENT of the ESGP funds. The City shall reimburse on a
monthly basis. All Requests for Reimbursement shall be submitted on a
monthly basis in accordance with HUD regulations "Audit Ready" by the
5t" of every month beginning in August.
(b) In no event shall the CITY, or any of its officers, agents or employees, be
held liable for expenses incurred by the SUBRECIPIENT in excess of the
ESGP allocation noted in Section 2, entitled "Scope of Services."
(c) Payments may be withheld if, on a determination by the Administrator, the
SUBRECIPIENT has not complied with the covenants herein contained at
such times, and in such manner as provided in this Agreement.
(d) No later than thirty (30) days prior to the date set forth herein for
termination of this Agreement, the SUBRECIPIENT shall provide the CITY
with its estimate of the amount of funds which will remain unexpended
upon such termination.
Notwithstanding any provisions contained in this Section 6, the City, through its
Administrator, shall thereafter, upon reasonable notice provide to the
SUBRECIPIENT, have the right to (i) reduce the payment of funds hereunder, (ii)
renegotiate the actual levels of expenditures in the event the SUBRECIPIENT's
rate of expenditures will result in unexpended funds at the expiration of this
Agreement, and/or; (iii) re-program funds associated with this Agreement in
which the Administrator finds there has been no substantial progress or activity.
7. Documentation, Reports, Inspections and Performance Evaluations.
(a) Documentation of Expenditures. All expenditures supported by properly
executed payrolls, time records, invoices, contracts, vouchers, receipts,
orders and any other accounting documentation pertaining, in whole or in
part, to this Agreement, shall be clearly identified and readily accessible.
The SUBRECIPIENT shall maintain and keep available all such
documents for a period of not less than three (3) years from the
termination of this Agreement, if a CITY, 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
City may require, shall furnish the City such statements, records, reports,
data and information as the City may request pertaining to its performance
of services hereunder and other matters covered by this Agreement. The
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SUBRECIPIENT shall establish and maintain records in accordance with
the Office of Management and Budget (OMB) Circulars Numbered A-110
and A-112, respectively, as applicable to the acceptance and use of
emergency solutions grant funds.
(c) Inspections. The SUBRECIPIENT shall make available to the 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. 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, state
and/or federal officials to monitor, assess or evaluate the
SUBRECIPIENT's performance under this Agreement on at least a
monthly basis, said monitoring, assessment or evaluation to include, but
not be limited to, audits, inventory, inspections within the program area,
and interviews with the SUBRECIPIENT's employees, agents,
independent contractors and subcontractors, providing the services under
this Agreement and recipients thereof.
(e) This Agreement contemplates that the SUBRECIPIENT will pay salaries,
utilities and furnishings with the monies that will be remitted to the
SUBRECIPIENT as reimbursement amounts pursuant to Section 6(a) and
in accordance with Exhibit "B", "Budget Breakdown", as shall be submitted
by the SUBRECIPIENT to the City for each reimbursement request and
Section 2 Scope of Services, of this Agreement.
8. Building or Facility.
(a) The location of the "San Bernardino Access Center" is 247 East 7th
Street, San Bernardino, CA, 92419, also known as "The Butler
Building." Any building for which emergency solutions grant funds are
used for renovation, conversion, or major rehabilitation, must meet local
safety and sanitation standards.
(b) When ESGP funds are utilized to provide emergency shelter for the
homeless in hotels or motels or other commercial facilities providing
transient housing, (i) the SUBRECIPIENT, at the request of the CITY,
shall execute an Agreement with the provider of such housing which
provides that comparable living space, in terms of quality, available in the
facility for use as emergency shelters for at least the same period of time
as provided in Section 9 herein, and; (ii) leases negotiated between the
SUBRECIPIENT and the provider of such housing shall make available
such living space at substantially less than the daily room rate otherwise
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charged by the facility and; (iii) the SUBRECIPIENT shall certify, in writing,
to CITY that it has considered using other facilities as emergency shelter
for the homeless in the City.
(c) The SUBRECIPIENT shall ensure that any building or facility is utilized
exclusively for secular purposes and is made available to all persons
regardless of religion. If ESGP funds are used to renovate, rehabilitate, or
convert buildings owned by primarily religious organization or entities, the
SUBRECIPIENT shall comply with the provisions of Title 24, Code of
Federal Regulations, Part 575.21(b)(2).
(d) The SUBRECIPIENT shall comply with the Uniform Federal Accessibility
Standards (24 CFR, Part 40, Appendix "A"), when activities funded by the
ESGP involve major rehabilitation or conversion.
9. Maintenance as a Homeless Facility.
(a) The SUBRECIPIENT shall maintain any building for which ESGP funds
are used for not less than a three (3) year period or for not less than a ten
(10) year period if the grant amounts are used for major rehabilitation or
conversion of the building.
(b) The three (3) or ten (10) year periods begin to run, (i) on the date of initial
occupancy as an emergency shelter for the homeless when the building
utilized was not operated as an emergency shelter for the homeless
before receiving ESGP funds, or; (ii) on the date that ESGP funds are first
obligated to the shelter when the building was operated as an emergency
shelter before receiving ESGP funds, or; (ii) on the date that ESGP funds
are first obligated to shelter when the building was operated as an
emergency shelter before receiving ESGP funds.
(c) When ESGP funds are used exclusively to provide essential services
including, but not limited to, services concerned with employment, physical
or mental health, substance abuse, education, food, equipment or
furnishings, the time periods noted in (a) above are not applicable.
10. Independent Capacity.
The SUBRECIPIENT, and its officers, employees and agents, shall act in an
independent capacity during the term of this Agreement and shall not act as,
shall not be, nor shall they in any manner be construed to be officers, employees,
or agents of the CITY or the State of California.
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11. Assignability.
The SUBRECIPIENT cannot assign any of its rights, duties or obligations
pursuant to this Agreement to any person or entity without the prior written
consent of the CITY. This includes the ability to subcontract all, or a portion of,
its rights, duties and obligations hereunder.
12. Insurance.
The SUBRECIPIENT shall during the term of this Agreement:
(a) Procure and maintain Workers' Compensation Insurance as prescribed by
the laws of the State of California.
(b) Procure and maintain comprehensive general and automobile (owned,
non-owned and hired vehicles) 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 CITY its officers, officials, attorneys,
agents, employees, volunteers and independent contractors as additional
insureds with respect to this Agreement and the obligations of the
SUBRECIPIENT hereunder. Such insurance shall provide for combined
coverage limits of not less than $1,000,000 per occurrence.
(c) Furnish the CITY with policies of insurance attached hereto as Exhibit "D",
and by this reference, incorporated herein showing that such insurance is
in full force and effect, and that the CITY its officers, officials, attorneys,
agents, employees and volunteers are named as additional insureds with
respect to this Agreement and the obligations of the SUBRECIPIENT
hereunder. Further, said policies shall contain the covenant of the
insurance carrier that thirty (30) days written notice will be given to the
CITY prior to modification, cancellation, or reduction in coverage of such
insurance. Acceptable proofs of insurance includes: ACCORD Certificate
of Insurance listing all coverage, limits, deductibles and insurers;
and blanket endorsements for all applicable coverage if agent has
authority to issue it; or Binders of insurance for all coverage. Agents
must confirm that policy endorsements have been ordered from the
respective insurance companies. Upon issuance, policy
endorsements and a corresponding Certificate of Insurance listing
all insurers and coverage must be submitted to the City (Insurance
binders are only valid for 30 days and may need to be reissued if the
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policy endorsements are still pending. Binders may be issued for a
maximum of three, thirty (30) day periods).
13. Hold Harmless.
The SUBRECIPIENT shall indemnify and hold the CITY its officers, officials,
attorneys, agents, employees, volunteers and independent contractors free and
harmless from any liability whatsoever, including wrongful death, based or
asserted upon any act or omission of the SUBRECIPIENT, its officers, agents,
employees and independent contractors in any legal action based upon such
alleged acts or omissions. The specific insurance coverage required in Section
12 shall in no way limit or circumscribe the SUBRECIPIENT'S obligation to
indemnify and hold the CITY harmless as set forth in this Section 13.
14. Federal Requirement.
(a) The SUBRECIPIENT shall comply with the provisions of the Act, and any
amendments thereto, and the federal regulations and guidelines now or
hereinafter enacted pursuant to the Act. More particularly, the
SUBRECIPIENT is to comply with those regulations found in Part 575 of
Title 24 of the Code of Federal Regulations and OMB Circulars Numbered
A-110 and A-112, respectively, and appropriate attachments for non-profit
organization contractors.
(b) The SUBRECIPIENT represents that it is, or may be, a religious or
denominational institution or organization or an organization operated for
religious purposes which is supervised or controlled by, or in connection
with, a religious or denominational institution or organization.
(c) The SUBRECIPIENT agrees that, in connection with the services to be
provided hereunder, (i) it will not discriminate against any employee or
applicant for employment on the basis of religion and will not limit
employment or give 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
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a structure used exclusively for non-religious purposes, and; constitute in
dollar terms only a minor portion of the ESGP expenditure for the public
services.
(d) The SUBRECIPIENT shall comply with the Housing and Community
Development Act (HCD Act) of 1992 (Public Law 102-550, approved
October 28, 1992), which requires the involvement of, to the extent
practicable, homeless individuals and families and operating facilities
assisted under the ESGP in providing services for occupants of these
facilities (42 U.S.C. 11375(c)(7), as added by Section 1402 (b)).
(e) The SUBRECIPIENT shall comply with HCD Act, Section 1402 (d), which
requires that termination of assistance to any individual or family be in
accordance with a formal process, which may include a hearing,
established by the SUBRECIPIENT.
15. Compliance with Law.
The SUBRECIPIENT shall comply with all federal, state and local laws and
regulations pertinent to its operation and services to be performed hereunder,
and shall keep in effect any and all licenses, permits, notices and certificates as
are required thereby. The SUBRECIPIENT shall further comply with all laws
applicable to wages and hours of employment, occupational safety and to fire
safety, health and sanitation.
16. Comprehensive Homeless Assistance Plan.
The SUBRECIPIENT shall cooperate with the CITY in undertaking emergency
solutions grant activities and shall assist the CITY in carrying out the
Comprehensive Homeless Assistance Plan and any other applicable strategies
implemented by the CITY and shall act in conformity therewith.
17. 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);
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(d) Executive Order Number 11063 and implementing regulations issued
pursuant thereto (25 CFR, Part 107);
(e) Age Discrimination Act of 1975 (42 U.S.C., Sections 6101-6107);
(f) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794),
and;
(g) Executive Orders Numbered 11625, 12432 and 12138 consistent with
HUD's responsibilities under these Orders, the SUBRECIPIENT must
make efforts to encourage the use of minority and women owned business
enterprises in connection with ESGP activities;
(h) The SUBRECIPIENT shall establish and maintain a procedure through
which homeless individuals will be informed of the facilities and services
available to all on a nondiscriminatory basis.
(i) SUBRECIPIENT agrees to abide by, and include in any subcontracts to
perform work under this Agreement, the following clause:
"During the performance of this Agreement, the SUBRECIPIENT and its
subcontractors shall not unlawfully discriminate against any employee or
application for employment because of race, religion, color, national origin,
ancestry, physical handicap, medical condition, marital status, age (over
40), or sex. The SUBRECIPIENT and subcontractors shall ensure that
the evaluation and treatment of their employees and applications for
employment are free of such discrimination.
The SUBRECIPIENT and subcontractors shall comply with the provisions
of the Fair Employment and Housing Act (Government Code, Section
12900 et. seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing Government Code Section 12990, set
forth in Chapter five (5) of Division four (4) of Title two (2) of the California
Administrative Code are incorporated into this Agreement by reference
and made a part hereof as if fully set forth at length.
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
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any person on the basis of religion, color, ethnic group identification, sex,
age or physical or mental disability.
(1) The SUBRECIPIENT shall furnish all information and reports as required
by Executive Order Number 11246, as amended.
(m) The SUBRECIPIENT shall include the non-discrimination and compliance
provisions of the equal opportunity clause in all subcontracts, if any.
18. Affirmative Action Compliance.
Each SUBRECIPIENT or subcontractor with less than fifty (50) employees shall
comply with Section 202, Part II, of Executive Order Number 11246, as
amended. The SUBRECIPIENT shall ensure that subcontractors, if any, falling
within the scope of this provision shall comply in full with the requirements
thereof
19. Conflict of Interest.
No person who is (i) an employee, agent, consultant, officer, or elected or
appointed official of the CITY, state or the SUBRECIPIENT that receives ESGP
funds and who exercises or has exercised any functions or responsibilities with
respect to assisted activities, or; (ii) in a position to participate in a decision
making process or gain inside information with regard to such activities, may
obtain a personal or financial interest or benefit from the activity, or have an
interest in any contract, subcontract or agreement with respect thereto, or the
proceeds thereunder, either for himself or herself or those with whom he or she
has family or business ties, during his or her tenure or for one (1) year thereafter.
20. Eligibility of Contractors and Subcontractors.
No ESGP funds allocated to the SUBRECIPIENT through this Agreement may
be used, directly or indirectly, to employ, award contracts to, or otherwise engage
the services of, or purchase the goods of, or fund any contractor or subcontractor
during any period of debarment, suspension, or placement in ineligibility status
under the provision of 24 CFR, Part 4.
21. Lead Based Paint.
The SUBRECIPIENT and all subcontractors, if any, shall comply with the
requirements, as applicable, of the Lead-Base Paint Poisoning Prevention Act
(42 U.S.C., Section 4821-4846) and implementing regulations issued pursuant
thereto (24 CFR, Part 35).
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22. Flood Insurance.
No site proposed on which renovation, major rehabilitation, or conversion of a
building, is to be assisted under this part, other than by grant amounts allocated
to the state, may be located in an area that has been identified by the Federal
Emergency Management Agency as having special flood hazards, unless the
community in which the areas is situated is participating in the National Flood
Insurance Program and the regulations issued thereunder (44 CFR, Parts 59-79)
or less than a year has passed since the Federal Emergency Management
Agency notification regarding such hazards, and the SUBRECIPIENT will ensure
that flood insurance on the structure is obtained in compliance with Section
102(a) of the Flood Disaster Protection Act of 1973, (42 U.S.C., Section 4001 et.
seq.).
23. Notice.
Any notices required or desired to be served by either party upon the other 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 CITY: AS TO SUBRECIPIENT:
Allen J. Parker Patti Long
Office of the City Manager Mercy House
300 North D Street, 6th Floor 807 N. Garfield Street
San Bernardino, CA 92401 Santa Ana, CA 92702
24. Binding Successors.
The SUBRECIPIENT, its heirs, assigns and successors in interest shall be bound
by all the provisions contained in this Agreement, and all of the parties thereto
shall be jointly and severally liable hereunder.
25. Assurances.
The SUBRECIPIENT certifies that it has the legal authority to enter into and meet
the requirements of this Agreement.
26. Legal Proceedings.
Should any legal proceedings be commenced to enforce, enjoin, or collect funds
or otherwise affect this Agreement between the parties it should be filed in San
Bernardino County Superior Court. The prevailing party shall be entitled to
recover its reasonable legal fees. The costs, salary and expenses of the City
Attorney and members of his office in enforcing this Agreement on behalf of the
City shall be considered as "legal fees" for the purposes of this section.
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27. Entire Agreement.
This Agreement is intended by the parties hereto as the final and exclusive
expression of these provisions contained in this Agreement and it supersedes
and replaces any and all prior and contemporaneous agreements and
understandings, oral or written, in connection therewith. This Agreement may be
modified or changed only upon the written consent of the parties hereto.
28. No Third Party Beneficiaries.
No third party shall be deemed to have any rights hereunder against any of the
parties hereto as a result of this Agreement.
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ESG SUBRECIPIENT AGREEMENT
between
THE CITY OF SAN BERNARDINO
and
Mercy House
IN WITNESS WHEREOF, the parties hereto have hereunto their hands and seals this
day and year first above written.
CITY OF SAN BERNARDINO Mercy House,
a California non-profit corporation
Allen Oarker, City Manager Executive Director
ATTEST
City of San Bernardino
City Clerk
Approved as to form:
Gary Saenz, City Attorney
By:
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2015-41
EXHIBIT A
"REIMBURSEMENT FORM"
CITY OF SAN BERNARDINO
EMERGENCY SOLUTIONS GRANT
REQUEST FOR REIMBURSEMENT
PROGRAM YEAR 2014-2015
Subrecipient Name:
Address:
City: State: Zip Code:
THE UNDERSIGNED HEREBY CERTIFIES THAT THE EXPENDITURES IDENTIFIED
ON THE ATTACHED "BUDGET BREAKDOWN FORM" ARE TRUE AND CORRECT,
AND THAT SAID EXPENDITURES WERE INCURRED AND PAID WITHIN THE
MONTH DESIGNED ABOVE IN ACCORDANCE WITH THE AGREEMENT
IDENTIFIED HEREIN. EVIDENCE OF ALL PAYMENTS (BILLS AND/OR RECEIPTS
AND CHECK COPIES) FOR EACH OF THE EXPENDITURES LISTED IS ATTACHED
HERETO.
AMOUNT REQUESTED:
MONTH OF: , 20_
Authorized Signature: Date:
Print Name: Title:
Name of Contact Person should there be any questions regarding this Reimbursement:
Name: Phone Number: ( ) -
E-Mail Address:
Office Use Only
Reviewed/Approved by: Date:
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ESG MONTHLY BUDGET BREAKDOWN
MONTH: PROGRAM YEAR: 2014-2015
SUBRECIPIENT NAME:
APPROVED GRANT $
AMOUNT:
Budgeted REQUEST Balance
Amount by Funding Source Amount Current Year to Date Available
Month
Payee title (Do Not Use
Names
1. $ 0.00
2. $ 0.00
3. $ 0.00
4. $ 0.00
SALARY SUB-TOTALS: $ 0.00 $ 0.00 $ 0.00 $ 0.00
6. FI CA/SU I $ 0.00
7. Life/Health/Dental $ 0.00
Insurance
8. Other (explain &
document) $ 0.00
9. $ 0.00
10. $ 0.00
BENEFIT SUB-TOTALS: $ 0.00 $ 0.00 $` 0.00 $ 0.00
11. Accounting/Bookkeeping $ 0.00
12. Rent $ 0.00
13. Utilities $ 0.00
14. Insurance $ 0.00
15. Office Supplies $ 0.00
16. Travel $ 0.00
17. Consumable Supplies $ 0.00
18. Other $ 0.00
OTHER SUB-TOTALS $ 0.00 $ 0.00 $ 0.00 $ 0.00
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MONTHLY GRAND TOTALS $ -0.00 $ 0.00 $; 0.00 $ 0.00
PLEASE ATTACH SUPPORTING INVOICES AND DOCUMENTATION,
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CITY OF SAN BERNARDINO
EMERGENCY SOLUTIONS GRANT
MONTHLY ACCOMPLISHMENT REPORT FOR THE
MONTH: 2014/2015
SUBRECIPIENT INFORMATION
Name:
Address:
Name of Program Activity:
Actual Program Goal Met:
Program Goal for the Year: This Month:
Program Goal for the Month: Year to Date:
NUMBER OF BENEFICIARIES SERVED THIS MONTH
Number of Individuals Benefited this Month:
Number of Female Head of Households:
Of the Number of Individuals Benefited, How many were New Applicants:
Number of Individuals Benefited Year to Date Totals. Current and New Columns, when
added together, should equal total Number of Individuals Benefited this Month:
Curre Curren Curren Curren
t New t New t New t New
July Oct Ja Apr
n
Aug No Fe Ma
v _ b _ y _
Sep De Ma Jun
t c r
INCOME LEVELS
Extremely Low Income (30% AMI) Above 80% AMI
Very Low Income (50% AM[)
Low Income (80% AMI)
TOTAL
HOUSEHOL 30% 50% 80%
D SIZE MEDIAN INCOME MEDIAN INCOME MEDIAN INCOME
Extremely Low Very Low LOW
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1 $13,800 $22,750 $36,700
2 $15,750 $26,200 $41,950
3 $17,700 $29,500 $47,200
4 $19,650 $32,750 $52,400
5 $21,250 $35,400 $56,600
6 $22,800 $38,000 $60,800
7 $24,400 $40,650 $65,000
8 $25,950 $43,250 $69,200
CITY OF SAN BERNARDINO
EMERGENCY SOLUTIONS GRANT
MONTHLY ACCOMPLISHMENT REPORT FOR THE
MONTH: 2014-2015
Subrecipient Name:
ETHNICITY
Applicants
Non- Cumulative
Duplicated
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:
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, for a total of 360 service hours this month.
Year to Date Service Hours:
July October January April
Au gust November February May
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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
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EXHIBIT B
"Budget Breakdown"
Access Center
Admin Salaries/ Professional Services' Budget for Six Months
Executive Director $2,500.00
Operations Director $2,500.00
HR $2,500.00
Admin/Data $2,500.00
Bookkeeper $2,500.00
Volunteer coordination $1,250.00
Professional Fees $1,250.00
Admin Salaries/Professional Services
Totals 1$15, 0 000.00
Operation - Pro ram Salaries' Bud et for Six Months
Program Director $20,000.00 20 hours a week
Program Manager $24,000.00 FT
ES Program Coordinator $20,000.00 FT
ES Program Coordinator $10,400.00 25 hours a week
Program Salary Totals $74,400.00
Operations and Pro ram Expenses
Rent Assumes none
Utilities $1,500.00
Computer $2,500.00
Insurance $500.00
Office supplies $500.00
Phones $1,000.00
HMIS $750.00
E ui tment Leasing $250.00
Security/Maintenance
Security Guard $26,000.00
Maintenance Supplies $300.00
Security System $300.00
Client Services & Su pplies
Supplies $1,500.00
Services
2000 Bus Ticket provided for
Transportation Assistance $8,000.00 appointment
Food Voucher $10,000.00 1000 Food Vouchers valued at $10
Special Needs $7,500.00 Shoes, uniform, tools, RX, ID, etc.
Motel AssistanceNouchers $10,000.00 200 bed ni hts $50 per night
HPP/RR $40,000.00 Approximately 15 households
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Operation and Program Expenses
Totals $110,600.00
TOTAL OUTFLOWS $200,000.00
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