HomeMy WebLinkAbout2015-279 I RESOLUTION NO. 2015-279
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SA
BERNARDINO AUTHORIZING THE CITY MANGER TO ENTER INTO A
3 AGREEMENT WITH TIME FOR CHANGE FOUNDATION FOR HOMELESS SERVICE
AND AMENDING THE 2015/2016 EMERGENCY SOLUTIONS GRANT BUDGET.
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5 WHEREAS, on April 6, 2015 the Mayor and Common Council approved the 2015/2016
6 Action Plan and 2015-2020 Consolidated Plan which allocated $400,000 to the Regional Access
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Center; and
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9 WHEREAS, The City identified $204,904 in leftover Emergency Solutions Grant (ESG)
10 funding from years 2011-2014; and
11 WHEREAS, on August 17, 2015 the Mayor and Common Council approved the release of
12 the Round 2 2015/2016 Emergency Solutions Grant (ESG) Notice of Funding Availability (NOFA)
13 with a due date of September 28, 2015 and conducted a mandatory workshop on September 1, 2015
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for applicant assistance; and
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16 WHEREAS, the City received three proposals by the deadline that were rated using criteria
17 stipulated in the Notice of Funding Availability (NOFA) by a review panel comprised of City staff
18 and County partners; and
19 WHEREAS, the highest rated agency was Time for Change Foundation with a requested
20 amount of$75,000, leaving $129,904 to be allocated to eligible ESG projects.
21 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND
22 ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO, AS FOLLOWS:
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24 Section 1. The 2015/2016 Fiscal Year Budget is hereby amended to reflect the approved
25 budget for Emergency Solutions Grant, $400,000, as follows:
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Budget Amount Amendment Amount Total
27 $300,000 $100,000 $400,000
28 Section 2. An additional $204,904 of Emergency Solutions Grant funding is hereby
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1 appropriated into the 2015/2016 Fiscal Year Budget to reflect the total amount of Emergency
2 Solutions Grant funding available to the City on July 1, 2015, $604,904.
3 Section 3. The City Manger is hereby authorized to execute an Agreement with Time for
4 Change Foundation in the amount of $75,000 for homeless services for the 2015/2016 program
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year.
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Section 4. Allocate a total of $50,000 to Central City Lutheran Mission and $74,933 to
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Catholic Charities for services outlined in their proposals and/or other eligible homeless services,
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9 leaving a variance of$4,971 to be used for City administrative costs.
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Section 5. That a copy of this Resolution shall remain on file in the City Clerk's Office for
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12 a minimum of seven (7) years after the date of adoption
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANGER TO ENTER INTO AN
2 AGREEMENT WITH TIME FOR CHANGE FOUNDATION FOR HOMELESS
SERVICES AND AMENDING THE 2015/2016 EMERGENCY SOLUTIONS GRANT
3 BUDGET.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 21St
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day of December, 2015, by the following vote to wit:
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8 Council Members: Ayes Nays Abstain Absent
MARQUEZ X
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BARRIOS X-
10 VALDIVIA X
11 SHORETT X
12 NICKEL X
13 JOHNSON X-
14 MULVIHILL X
16 Georgeann Hanna, CMC, City Clerk
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Alp
18 The foregoing resolution is hereby approved thisi�Z2 day of December, 2015.
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f
21 R. Carey Davis, ayor
22 City of San Be ardino
Approved as to Form:
23 Gary D. Saenz, City Attorney
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By:
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2015-279
ESG SUBRECIPIENT AGREEMENT
(Public Services Program)
between
THE CITY OF SAN BERNARDINO
and
Time for Change Foundation
Catalog #14.231
DUNS #059452636
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AGREEMENT FOR USE OF EMERGENCY SHELTER GRANT FUNDS
THIS AGREEMENT, entered in this 21st day of December, 2015 by and between
the CITY OF SAN BERNARDINO, (hereinafter referred to as the "CITY") and Time for
Change Foundation, a California non-profit corporation, (hereinafter referred to as the
"SUBRECIPIENT");
WITNESSETH
WHEREAS, pursuant to Subtitle "B" of the Stewart B. McKinney Homeless
Assistance Act of 1987 (Public Law 100-77), (hereinafter referred to as the "Act"), the
CITY has been awarded Emergency Shelter Grant Program ("ESGP") funds which are
to be used to improve the quality of existing emergency shelters for the homeless, to
help make available additional emergency shelters, and to help meet the costs of
operating emergency shelters and of providing certain essential social services to
homeless individuals, and;
WHEREAS, the CITY desires to contract with non-profit corporations for the use
of ESGP funds to provide various services for homeless individuals, and;
WHEREAS, the SUBRECIPIENT as 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 December 21,
2015, and terminating on June 30, 2016, or as otherwise provided for in Section
5 herein.
2. Scope of Services.
The SUBRECIPIENT promises and agrees to provide certain emergency shelter
grant program services for homeless persons by utilizing the sum of Seventy-
Five Thousand Dollars ($75,000) 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 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 services essential for
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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.
3. Matching Funds.
The SUBRECIPIENT must supplement its emergency shelter grant amounts with
an equal amount of funds from sources other than those provided herein and
from non-federal sources. These funds must be provided after the date of the
grant award to the SUBRECIPIENT. The SUBRECIPIENT may comply with this
requirement by providing the supplemental funds itself, or voluntary efforts or
gifts in kind provided to the SUBRECIPIENT, as appropriate.
4. Calculating the Matching Amount.
In calculating the amount of supplemental funds, there may be included the value
of any donated material or building(s), the value of the lease(s) on the building(s);
any salary paid to staff of the SUBRECIPIENT, or to any State or non-profit
recipient, as appropriate, in carrying out the Emergency Shelter Grant Program;
and the time and services contributed by volunteers to carry out the ESGP,
determined at the rate of $5.00 per hour. For purposes of this Section 4, the
SUBRECIPIENT upon concurrence of the City Manager of the City of San
Bernardino, the Administrator of the ESG Program, will determine the value of
any donated material or building(s) or any lease(s), or furnishings and equipment
using any method reasonably calculated to establish a fair market value.
5. Termination.
(a) Either party may terminate this Agreement upon thirty (30) days prior
written notice to the other party.
(b) Notwithstanding the provisions of Section 5(a), the CITY may suspend or
terminate this Agreement forthwith for cause, upon written notice to the
SUBRECIPIENT of the action being taken. Cause shall be established, (i)
in the event the SUBRECIPIENT fails to perform the covenants herein
contained; (ii) in the event there is a conflict with any federal, state or local
law, ordinance, regulation or rule rendering any of the provisions of this
Agreement invalid or untenable, or; (iii) in the event the funding from the
United States Department of Housing and Urban Development (HUD),
referred to in the recitals herein, is reduced, terminated or otherwise
becomes unavailable. The CITY shall provide written notice to the
SUBRECIPIENT within ten (10) working days from the date HUD reduces,
suspends or terminates the ESGP funding. This Agreement may, at the
discretion of the Administrator of the CITY, be either terminated or
amended to reflect said reduction of funds.
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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 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 by the City. Failure to cooperate may result in the
termination of this Agreement in accordance with this Section 5 of this
Agreement.
6. Pavment 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", approved by the
Administrator, or his/her designee, upon each submittal, which form when
completed shall include all the information required therein as a condition
precedent for the commitment of the City to remit the reimbursements to
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the SUBRECIPIENT of the ESGP funds. The City shall reimburse on a
monthly basis, 1/6 of the SUBRECIPIENT's ESGP funds.
(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
SUBRECIPIENT shall establish and maintain records in accordance with
the Office of Management and Budget (OMB) Circulars Numbered A-110
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and A-112, respectively, as applicable to the acceptance and use of
emergency shelter grants.
(c) Inspections. The SUBRECIPIENT shall make available to the CITY, 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. Buildinq or Facility.
(a) Any building for which emergency shelter grant amounts are used for
renovation, conversion, or major rehabilitation, must meet local safety and
sanitation standards.
(b) When ESGP funds are utilized to provide emergency shelter for the
homeless in hotels or motels or other commercial facilities providing
transient housing, (i) the SUBRECIPIENT, at the request of the CITY,
shall execute an Agreement with the provider of such housing which
provides that comparable living space, in terms of quality, available in the
facility for use as emergency shelters for at least the same period of time
as provided in Section 9 herein, and; (ii) leases negotiated between the
SUBRECIPIENT and the provider of such housing shall make available
such living space at substantially less than the daily room rate otherwise
charged by the facility and; (iii) the SUBRECIPIENT shall certify, in writing,
to the CITY that it has considered using other facilities as emergency
shelter for the homeless in the City.
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(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,
agents of the CITY or the State of California.
11. Assignability.
The SUBRECIPIENT cannot assign any of its rights, duties or obligations
pursuant to this Agreement to any person or entity without the prior written
consent of the CITY. This includes the ability to subcontract all, or a portion of,
its rights, duties and obligations hereunder.
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12. Insurance.
The SUBRECIPIENT shall during the term of this Agreement:
(a) Procure and maintain Workers' Compensation Insurance as prescribed by
the laws of the State of California.
(b) Procure and maintain comprehensive general and automobile liability
insurance as shall protect the SUBRECIPIENT from claims for damages
for personal injury, including accidental and wrongful death, as well as
from claims for property damage, which may arise from activities or
programs under this Agreement, 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, prior to request for first
reimbursement for ESGP funds showing that such insurance is in full force
and effect, and that the CITY is named as an additional insured 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.
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
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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
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,
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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
shelter 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);
(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) The SUBRECIPIENT agrees to abide by, and include in any subcontracts
to perform work under this Agreement, the following clause:
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"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
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
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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-Based Paint Poisoning Prevention Act
(42 U.S.C., Section 4821-4846) and implementing regulations issued pursuant
thereto (24 CFR, Part 35).
22. Flood Insurance.
No site proposed on which renovation, major rehabilitation, or conversion of a
building, is to be assisted under this part, other than by grant amounts allocated
to the state, may be located in an area that has been identified by the Federal
Emergency Management Agency as having special flood hazards, unless the
community in which the areas is situated is participating in the National Flood
Insurance Program and the regulations issued thereunder (44 CFR, Parts 59-79)
or less than a year has passed since the Federal Emergency Management
Agency notification regarding such hazards, and the SUBRECIPIENT will ensure
that flood insurance on the structure is obtained in compliance with Section
102(a) of the Flood Disaster Protection Act of 1973, (42 U.S.C., Section 4001 et.
seq.).
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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):
To the City: City of San Bernardino
Attn: Project Manager
300 North "D" Street, 6t" Floor
San Bernardino CA 92418
To the Subrecipient: Time for Change Foundation
Executive Director
PO Box 25040
San Bernardino, CA 92406
Attn: Kim Carter
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.
27. Budget Modifications
a. The Subrecipient shall submit a thirty-day notice, in writing, requesting a
budget modification, stating the purpose of the budget modification, providing
justification which demonstrates of the amount(s) that are being reallocated or
transferred, and the impact of the account(s) that are to be affected.
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b. The City may grant budget modifications to this Agreement for the movement
of funds within the budget categories identified in the Proposal Summary
Sheet and Exhibit "B" (attached to the agreement) when such
modifications:
(i) Do not exceed $10,000 per budget cost category;
(ii) Are specifically requested by the City;
(iii) Do not alter the amount of compensation subject to or under this
Agreement;
(iv)Will not change the project goals or scope of services;
(v) Are in the best interests of the City and the Subrecipient in performing
the scope of services under this Agreement; and
(vi)Related to salaries, are in accordance with applicable salary
ordinances or laws.
c. Budget Modifications may be requested throughout the program year of this
Agreement and no later than ninety (90) days before the end of the program
year of this Agreement (March 30th 2015).
28. Entire Aqreement.
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.
29. 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 (Public Services Program)
Between THE CITY OF SAN BERNARDINO and
Time for Chanae Foundation
IN WITNESS WHEREOF, the parties hereto have hereunto their hands and
seals this day and year first above written.
CITY OF SAN BERNARDINO Time for Change Foundation,
a California non-profit corporation
City Manager Executive Director
ATTEST
City of San Bernardino
Georgeann Hanna, City Clerk
Approved as to form:
Gary D. Saenz, City Attorney
By:
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ESG SUBRECIPIENT AGREEMENT
(Public Services Program)
between
THE CITY OF SAN BERNARDINO
and
Time for Chang
e Foundation I
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AGREEMENT FOR USE OF EMERGENCY SHELTER GRANT FUNDS
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THIS AGREEMENT, entered in this 21st day of December, 2015 by and between
the CITY OF SAN BERNARDINO, (hereinafter referred to as the "CITY") and Time for
Change Foundation, a California non-profit corporation, (hereinafter referred to as the
"SUBRECIPIENT");
WITNESSETH
i
WHEREAS, pursuant to Subtitle "B" of the Stewart B. McKinney Homeless
Assistance Act of 1987 (Public Law 100-77), (hereinafter referred to as the "Act"), the
CITY has been awarded Emergency Shelter Grant Program ("ESGP") funds which are
to be used to improve the quality of existing emergency shelters for the homeless, to
help make available additional emergency shelters, and to help meet the costs of
operating emergency shelters and of providing certain essential social services to
homeless individuals, and;
WHEREAS, the CITY desires to contract with non-profit corporations for the use
of ESGP funds to provide various services for homeless individuals, and;
WHEREAS, the SUBRECIPIENT as 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 December 21,
2015, and terminating on June 30, 2016, or as otherwise provided for in Section
5 herein.
2. Scope of Services.
The SUBRECIPIENT promises and agrees to provide certain emergency shelter
grant program services for homeless persons by utilizing the sum of Seventym
Five Thousand Dollars ($75,000) 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 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 (1)
appropriate supportive services, including permanent housing, physical and
mental health treatment, counseling, supervision, and other services essential for
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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.
3. Matching Funds.
The SUBRECIPIENT must supplement its emergency shelter grant amounts with
an equal amount of funds from sources other than those afterthe herein and the
from non-federal sources. These funds must be provided
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. i
4. Calculating the Matching Amount.
In calculating the amount of supplemental funds, there may be included the value
of any donated material or building(s), the value of the lease(s) on the building(s);
any salary paid to staff of the SUBRECIPIENT, or to any State or non-profit
recipient, as appropriate, in carrying out the Emergency Shelter Grant Program;
and the time and services contributed by volunteers to carry out the ESGP,
determined at the rate of $5.00 per hour. For purposes of this Section 4, the
SUBRECIPIENT upon concurrence of the City Manager of the City of San
Bernardino, the Administrator of the ESG Program, will determine the value of
any donated material or building(s) or any lease(s), or furnishings and equipment
using any method reasonably calculated to establish a fair market value.
5. Termination.
(a) Either party may terminate this Agreement upon thirty (30) days prior
written notice to the other party.
(b) Notwithstanding the provisions of Section 5(a), the CITY may suspend or
terminate this Agreement forthwith for cause, upon written notice to the
SUBRECIPIENT of the action being taken. Cause shall be established, (i)
in the event the SUBRECIPIENT fails to perform the covenants herein
contained; (ii) in the event there is a conflict with any federal, state or local
law, ordinance, regulation or rule rendering any of the provisions of this the
Agreement invalid or untenable, or; (iii) and UrbantDevelopmentr(HUD),
United States Department of Housing
referred to in the recitals herein, is reduced, terminated or otherwise
becomes unavailable. The CITY shall provide written SUBRECIPIENT within ten (10)working days from the date HUD reduces,
suspends or terminates ministratoG of funding.
be Agreement oe
discretion of the Ad
amended to reflect said reduction of funds.
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(c) Upon termination of this Agreement, the SUBRECIPIENT agrees to return
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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 in an effort to promote the well-
being of citizens and aid in reduction of crime, blight and unsafe living i
conditions. From time to time, SUBRECIPIENT may be required to attend I
meetings to be held by the City. Failure to cooperate may result in the
termination of this Agreement in accordance with this Section 5 of this f
Agreement.
6. Payment of Funds.
The Mayor and Common Council of the CITY shall determine the final disposition I
Y
and distribution of all funds received by the CITY under the Act. The City shalt
make payments of ESGP funds to the SUBRECIPIENT based upon the
information submitted in the form titled "Monthly Accomplishment Report" as j
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 i
(30) days after the SUBRECIPIENT has submitted written notice ;
Identifying payments made and requesting reimbursement. Payments
shall be based on documented expenses by the SUBRECIPIENT, in the
form of Exhibit "B", titled "Budget Breakdown", approved by the
Administrator, or his/her designee, upon each submittal, which form when
completed shall Include mm all the information
of the City to require
remi tthe therein
reimbursement condition
precedent for the co to
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the SUBRECIPIENT of the ESGP funds. The City shall reimburse on a {
monthly basis, 1/6 of the SUBRECIPIENT's ESGP funds. f
(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 yts herein i istra ned at
SUBRECIPIENT has not complied with the cove
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 Ex enditures. All expenditures supported by properly
executed payrolls, time records, invoices, contracts, vouchers, receipts, I
orders and any other accounting documentation pertaining, in whole or in l
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) Re..Rorts_. The SUBRECIPIENT, at such times and on such forms as the
' City such statements, records, reports,
City may require, shall furnis h the h/
data and information as the City may request pertaining to its performance
of services hereunder and other matters covered by this Agreement. The
SUBRECIPIENT shall establish and maintain records in accordance with
the Office of Management and Budget (OMB) Circulars Numbered A-110
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and A-112, respectively, as applicable to the acceptance and use of
emergency shelter grants.
(c) Inspections. The SUBRECIPIENT shall make available to the CITY, 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 or shall permit CIT test he
and/or federal officials to monitor,
SUBRECIPIENT's performance under this Agreement on at least a
monthly basis, said monitoring, assessment or evaluation to include, but
not be limited #o, audits, inventory, inspections within the program area,
and interviews with the SUBRECIPIENT'vidinemployees,ervices under
independent contractors and subcontractors, providing i
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.
Any g
{a}
An building for which emergency shelter grant amounts are used for
renovation, conversion, or major rehabilitation, must meet local safety and
sanitation standards.
(b) When ESGP funds are utilized to provide emergency shelter for the
homeless in hotels or motels or other commercial facilities providing
transient housing, (i) the SUBRECIPIENT, at the request of the CITY,
shall execute an Agreement with the provider of such housing which
provides that comparable living space, in terms of quality, available in the
facility for use as emergency shelters for at least the same period of time
as provided in Section 9 herein, and; (ii) leases negotiated between the
SUBRECIPIENT and the provider of such housing shall make available
such living space at substantially less than the daily room rate otherwise
charged by the facility and; (iii)the SUBRECIPIENT shall certify, in writing,
to the CITY that it has considered using other facilities as emergency
shelter for the homeless in the City.
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(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,
agents of the CITY or the State of California.
11. Assignability,
The SUBRECIPIENT cannot assign any of its rights, duties or obligations
pursuant to this Agreement to any person or entity without the prior written
consent of the CITY. This includes the ability to subcontract all, or a portion of,
its rights, duties and obligations hereunder.
12. Insurance.
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The SUBRECIPIENT shall during the term of this Agreement:
j
(a) Procure and maintain Workers' Compensation Insurance as prescribed by
the laws of the State of California. bility
(b) Procure and maintain comprehensive general from claims for automobile
insurance as shall protect the SUBRECIPIENT
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, prior to request for first
reimbursement for ESGP funds showing that such insurance is in full force
and effect, and that the CITY is named as an additional insured with 1
respect to this Agreement and the obligations of the SUBRECIPIENT
hereunder. Further, said policies shall contain the covenant of the j
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.
13. Hold Harmless.
nify and hold the CITY, its officers, officials,
The SUBRECIPIENT shall indem
attorneys, agents, employees, volunteers and independent contractors free and �
harmless from any liability whatsoever, including wrongful death, based or i
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
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Title 24 of the Code of Federal Regulations and OMB Circulars Numbered j
A-110 and A-112, respectively, and appropriate attachments for non-profit I
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 ons on the of of
it j
employment or give preference in employment to per
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
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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
not be used to construct,
funds received under this Agreemnt sholwned by the SUBRECIPIENT
rehabilitate, or restore any facility which
in which the services are to be provided; provided that, minor repairs may
be made if such repairs are directly related to the services; are located in
a structure used exclusively for non-religious purposes, and; constitute in
dollar terms only a minor portion of the ESGP expenditure for the public
services.
(d) The SUBRECIPIENT shall comply with the Housing and Commuonity
Development Act (HCD Act) of 1992 (Public Law 102-550, app ved
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
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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
shelter 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 Eaual Opportunity Compliance.
The SUBRECIPIENT hereby certifies compliance with the following: I
(a) Executive Order Number Regulations,, tChapr60;regulations issued
thereunder at Title 41, Code of Federal
Title Vl and Title VII of the Civil Rights Act of 1964 (423 U.S.C. Section
(b) opportunity Act of March 24,
2000(d) et. seq.), as amended by the Equal Opp ty
1972, (Public Law Number 92-261);
(c) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601-3619)
and implementing regulations issued pursuant thereto (24 CFR, Part 1);
(d) Executive Order Number 11063 and implementing regulations issued
pursuant thereto (25 CFR, Part 107);
(e) Age Discrimination Act of 1975 (42 U.S.C., Sections 6101-6107);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section 794),
(fl and;
(9)
Executive Orders Numbered 11625, 12432 and 12138 consistent with 3
" 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) The SUBRECIPIENT agrees to abide by, and include in any subcontracts
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to perform work under this Agreement, the following clause:
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"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 i
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
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.
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(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 Il, 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
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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. Eliaibllity 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-Based Paint Poisoning Prevention Act
(42 U.S.C., Section 4821-4846) and implementing regulations issued pursuant
thereto (24 CFR, Part 35).
22. Flood Insurance.
No site proposed on which renovation, major rehabilitation, or conversion of a
building, is to be assisted under this part, other than by grant amounts allocated
to the state, may be located in an area that has been identified by the Federal
Emergency Management Agency as having special flood hazards, unless the
community in which the areas is situated is participating in the National Flood
Insurance Program and the regulations issued thereunder (44 CFR, Parts 59-79)
or less than a year has passed since the Federal Emergency Management
Agency notification regarding such hazards, and the SUBRECIPIENT will ensure
that flood insurance on the structure is obtained in compliance with Section
102(a) of the Flood Disaster Protection Act of 1973, (42 U.S.C., Section 4001 et.
seq.).
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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):
To the City: City of San Bernardino
Attn: Project Manager
300 North "D" Street, 6th Floor
San Bernardino CA 92418
To the Subrecipient: Time for Change Foundation
Executive Director
(Print Address Information)
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24. Binding Successors.
i
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.
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26. Assurances. i
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The SUBRECIPIENT certifies that it has the legal authority to enter into and meet
the requirements of this Agreement.
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26. Legal Proceedings.
i
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 j
City shall be considered as 'legal fees"for the purposes of this section.
27. Budget Modifications
a. The Subrecipient shall submit a thirty-day notice, in writing, requesting a
budget modification, stating the purpose of the budget modification, providing
justification which demonstrates of the amount(s)that are being reallocated or
transferred, and the impact of the account(s) that are to be affected.
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b. The City may grant budget modifications to this Agreement for the movement
of funds within the budget categories identified in the Proposal Summary
Sheet and Exhibit "B" (attached to the agreement) when such
modifications:
1
(i) Do not exceed $10,000 per budget cost category;
(ii) Are specifically requested by the City;
(iii)Do not alter the amount of compensation subject to or under this
Agreement;
(iv)Will not change the project goals or scope of services; j
(v) Are in the best interests of the City and the Subrecipient in performing
the scope of services under this Agreement; and
i
(vi)Related to salaries, are in accordance with applicable salary
ordinances or laws.
c. Budget Modifications may be requested throughout the program year of this
Agreement and no later than ninety (90) days before the end of the program
year of this Agreement(March 30th 2015).
28. 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.
29. No Third Party Beneficiaries.
I
No third party shall be deemed to have any rights hereunder against any of the
parties hereto as a result of this Agreement. j
Illl
i
13
Initial
Time for Change Foundation—2015-2016 ESG 2"d Round
IN WITNESS WHEREOF, the parties hereto have hereunto their hands and
seals this day and year first above written.
CITY OF SAN BERNARDINO Time for Change Foundation,
a California non-profit corporation
Acting C' Manager Executive Director
ATTEST
City of San Bernardino
Georgeann H na, City Nrk
Approved as to form:
_,'tap,
Gary Sae z, City Attorney
14
Initial �v--
Exhibit A
CITY OF SAN BERNARDINO
EMERGENCY SHELTER GRANT
REQUEST FOR REIMBURSEMENT
FY2015/2016
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:
Page 1 of 6
Exhibit A
ESG MONTHLY BUDGET BREAKDOWN
MONTH: PROGRAM YEAR: 2015/2016
Subrecipient Name:
Approved Grant Amount: $
Budgeted REQUEST Balance
Amount by Funding Source Amount Available
Current Month Year to Date
Admin Salaries/Professional
Services
1. Executive Director $ 0.00
2. Operations Director $ 0.00
3. HR
4. Admin/Data $ 0.00
5. Bookkeeper
6. Volunteer Coordination
7. Professional Fees
SALARY SUB-TOTALS: $ 0.00 ' $ 01,00 $ 0.00 $ 0.00
Operation-Program Salaries'
8. Program Director $ 0.00
9. Program Manager
10. ES Program Coordinator $ 0.00
11. ES Program Coordinator
PROGRAM SALARY SUB- $ 0.00 $ 0._w,,-__1__
TOTALS:
Operations and Program
Expenses
12. Rent $ " OflO
13. Utilities
14. Computer
15. Insurance
16. Office Supplies $ 03
m a
17. Phones 00
18. HMIS
19. Equipment Leasing
Page 2 of 6
Exhibit A
Security/Maintenance
20. Security Guard $ 0,00
21. Maintenance Supplies
22. Security System
Client Services & Supplies
23. Supplies $ 0.00
Services $ 0.00
24. Transportation Assistance
25. Food Voucher $ 0.00
26. Special Needs $ 0.00
27. Motel Assistance/Vouchers 0.00
28. HPP/RR $ 0.00
OPERATION & PROGRAM $ 0.00 $ 0.00 $ 0.00 $ ,0.00
EXPENSES SUB-TOTALS
MONTHLY GRAND TOTALS e
NO
Big
a<
PLEASE ATTACH SUPPORTING INVOICES AND DOCUMENTATION
Page 3 of 6
Exhibit A
CITY OF SAN BERNARDINO
EMERGENCY SHELTER GRANT
ACCOMPLISHMENT REPORT
Month of: 2015/2016
Name:
Address:
Description of Service:
SHELTER LOCATIONS: NUMBER OF SHELTER BEDS
1.
2.
3.
4.
Number of Shelter Nights:
ACCOMPLISHMENTS
Proposed Number of Beneficiaries to be Served:
Actual Number of Beneficiaries Served:
Accomplishment Narrative:
Indicate program(s) and service(s) provided with an "X"
Emergency Shelter Facilities Transitional Shelter
Vouchers for Shelters Outreach
Drop-In Center Soup Kitchen/Meal Distribution
Food Pantry Health Care
Mental Health HIV/AIDS Services
Alcohol/Drug Program Employment
Child Care Homeless Prevention
Other:
Page 4 of 6
Exhibit A
Indicate type of Organization carrying out activity with an "X"
Public Agency
Faith Based Non-Profit
Other Non-Profit
The numbers for the following questions should be based on the monthl number of
persons served:
RESIDENTIAL (EMERGENCY OR TRANSITIONAL SHELTERS)
Number Adults Served:
Number Children Served:
Total:
NON-RESIDENTIAL SERVICES
Number of Adults and Children Served:
Number Served (Including Residential & Non-Residential)
ETHNICITY
Total Hispanic
Number
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
American Indian/Alaskan Native &White
Asian &White
Black/African American &White
Am Indian/Alaskan Native & Black African Am
Other Multi-Racial
Totals:
EMERGENCY OR TRANSITIONAL SHELTERS
Number of Individual Households (Singles/Children):
Unaccompanied 18 & Over Male: Female:
Unaccompanied Under 18 Male: Female:
Page 5 of 6
Exhibit A
Number of Family Households with Children Headed by:
Single 18 & over Male: Female:
Single Under 18 Male: Female:
2 Parents 18 & Over Male: Female:
2 Parents Under 18 Male: Female:
Annual Number of Family Households with No Children:
No Children
List the number of persons for each subpopulation you served. If you served
subpopulations that fit more than one category, you may place overlapping numbers
(duplicate person) on the appropriate lines.
Chronically Homeless (EMERGENCY SHELTER ONLY)
Severely Mentally III
Chronic Substance Abuse
Other Disability
Veterans
Persons with HIV/AIDS
Victims of Domestic Violence
Elderly
Total
Annual Number Served in Emergency or Transitional Shelters
# of Persons
Shelter Type Housed
Barracks
Group/Large House
Scattered Site Apartments
Single Family Detached House
SRO
Mobile Home/Trailer
Hotel/Motel
Other
Total
Funding Sources
Other Federal Funds:
Local Government:
Private:
Fees:
Other:
Total:
YEAR-END ACCOMPLISHMENTS: (Please Indicate What You Would Like to Report to HUD
as Your Organizations Year-End Accomplishments)
Page 6 of 6
i
City of San Bernardino
EXHIBIT 1
Notice of Funding Availability—fill-in Application I
L'S(;Program Budget
Agency Name: Time for Change Foundation
Program Name: Street Outreach/Housing/Hotel-Motel Vouchers
Sources of Funds: ESG Funds: Applicant's Other Sources: TOTAL:
Funds: (List each separately)
Uses of Funds:
Street Outreach':
Service Activity:Driver
0.10 FTE Driver @$30,000.00 $3,000.00 $3,000.00
Taxes&Benefits @22% $660 $660
Subtotal $3,660.00 $30,000.00 VTrans $33,660.00
Service Activity:Essential Support Services
0.50 FTE Case Manager @$40,000.00 $20,000.00 $20,000.00
Taxes&Benefits @22% $4,400.00 $4,400.00
Subtotal $24,400.00 $20,600.00 California Endowment $45,000.00
S
fMCrgSncV Shelter?:
Operational Activity:Housing
(50 women and children)
Activities include:
Fuel $4,500.00 $4,400.00 California Wellness Foundation $8,900.00
Maintenance $2,500.00 $2,500.00 !
Insurance $2,500.00 $2,500.00
Food $2,500.00 $5,000.00 Womens Foundation of CA $7,500.00
Shelter operation supplies $12,500.00 $10,000.00 California Endowment $22,500.00
Furnishings $5,440.00 $5,000.00 Womens Foundation of CA $10,440.00
Activity:Hotel/Motel Vouchers $17,000.00 $17,000.00
(25 families/individuals)
Subtotal $46,940.00 $24,400.00 $71,340.00
Activity:
Activity:
Ml
Activity:
TOTAL: $75,000.00 $75,000.00 6150,000.00
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