Loading...
HomeMy WebLinkAbout19-Community Development J. CIT~OF SAN BERNi-DINO - RI!QUBST ~ COUNCIL ACTION Dept: Community Development DatB: April 26, 1988 Dire~1l.~A~~Off'SELECTION OF AGENCY TO RECEIVE FY 1987 AND 1988 :.:3 l'~~ -$ t'rl s: 14EMERGENCY SHELTER GRANT PRO~G ALLOCATION AND APPROVAL OF AGREEMENT AWARDING FUNDS.T SAME From: Kenneth J. Henderson, Synopsis of Previous Council action: On September 8, 1987, the Mayor and Common council authorized and directed staff to develop and 9ubmit to the U.S. Department of Housing and Urban Development (HUD) a Comprehensive Homeless Assistance Plan. Staff was also authorized to solicit proposals for the FY 1987 Emergency Shelter Grant Program (ESGP) allocation in the amount of $29,000. On March 21, 1988, the Mayor and Common Council authorized staff to develop and submit to HUD an application for the city's FY 1988 ESGP allocation in the amount of $5,000. Recommended motion: Adopt Resolution _L~h~ Contact person: Ken Henderson/Maurice Oliva Phone: 5065 Supporting data attached: Staff Report Ward: 1-7 FUNDING REQUIREMENTS: Amount: $34,000 (Acct. DescriPtion) HUD Letter of Credit (LOC) ESGP Finance: ().~ .:B, Y.' ',..)",.,..-- (~~ Source: (Acct. No.) Council Notes: AOAnrla. ItAm No_ /q~ ~IT~ OF SAN BBRN~DINO - RBQUBST ~ COUNCIL ACTION STAFF REPORT On September 8, 1987, the Mayor and Common council authorized and directed staff to take appropriate actions to develop and submit to the U.S. Department of Housing and Urban Development (HUD) a Comprehensive Homeless Assistance Plan, which was required in order for the City to receive future funding under the Stewart B. McKinney Homeless Assistance Act. The Mayor and Common council also authorized and directed staff to solicit requests for proposals for the FY 1987 Emergency Shelter Grant Program (ESGP) allocation in the amount of $29,000 upon approval by HUD of the city's application for same. On March 21, 1988, the Mayor and Common council authorized and directed staff to develop and submit to HUD an application for the City's FY 1988 ESGP allocation in the amount of $5,000. During the months of March and April, 1988, the City solicited proposals from various non-profit organizations to apply for the City's FY 1987 allocation of $29,000 and FY 1988 allocation of $5,000 (for a total of $34,000). Three (3) proposals were submitted by the April 18, 1988 deadline in response to the city's RFP from the fOllowing non-profit organizations: 1. Mental Health Association of San Bernardino County 2. The Salvation Army 3. Bethlehem House All three (3) proposals/applications were reviewed and dated by the four (4) members of the proposal review committee. A copy of the review sheet containing the questions used to evaluate and score said proposals/applications is attached. The proposer receiving the highest score was the Salvation Army. The Salvation Army will be rehabilitating a building it owns, located at 845 Kingman Street (see attached vicinity map). Said building was operated as a homeless shelter until it closed nine (9) years ago because of failure to meet new building and safety codes and handicapped requirements. The site will undergo complete rehabilitation to accommodate up to seventy (70) homeless men, women and children. The estimated cost of rehabilitation is $200,000. The State of California Emergency Shelter Program V recently awarded the Salvation Army a grant in the amount of $128,323 to rehabilitate its existing building to meet all local government codes. The Salvation Army is requesting the City's $34,000 ESGP allocation to assist in providing furnishings including beds and kitchen and laundry equipment for their soon to be rehabilitated homeless shelter, which will be called Hospitality House. The Salvation Army will match the City's $3.,000 with cash or gifts in-kind totaling $68,000 budgeted for furnishings and equipment. 4-26-88 75-0264 o o In May, the salvation Army will submit plans and its application for a conditional use permit to the City Planning Department. Following approval by all related City and County agencies and solicitation of bids, rehabilitation/construction will start on the Hospitality House. The Salvation Army is targeting the completion of construction for October 20, 1988 and hopes to obtain a certificate of occupancy by December 1, 1988. The reopening of Hospitality House could provide as many as seventy (70) new beds for the homeless in San Bernardino by December, 1988, in time for the coldest months of winter. Staff recommends selection of the Salvation Army as the recipient of City ESGP funds and adoption of the attached resolution authorizing the execution of an agreement between the City of San Bernardino and the Salvation Army for award of City's $34,000 ESGP funds for FY 1987 and 1988. Kenneth J. Henderson Director of Community Development KJH/MLO/lab/0912 attachments 4-26-88 4 o 0 CITY OF SAN BERNARDINO COMMUNITY DEVELOPMENT PROGRAM "Emergency Shelter Grant Proposal/Application Evaluation" 1. Is the proposal written in such a manner as to allow definitive understanding of its overall objectives? (Maxi- mum ten (10) points): 2. Does proposal clearly demonstrate how proposer will meet its objectives? (Maximum ten (10) points): 3. Does proposer have the necessary resources (people, equipment and facilities) to meet its objectives? (Maxi- mum ten (10) points): 4. Are the proposal's budget and narrative consistent with meeting a common objective? (Maximum ten (10) points): 5. Does proposer's history and background depict an agency that is experienced in operating an emergency shelter program? (Maximum fifteen (15) points): 6. Does proposal show evidence of proposer's ability to leverage resources (people, equipment and facilities) of other agencies? (Maximum fifteen (15) points): 7. Does proposal show evidence of a proposer with initiative, imagination and experience in using outside resources in an effective, efficient manner? (Maximum ten (10) points): 8. Does program design allow for promoting of self suffi- ciency among clients? (Maximum twenty (20) points): 9. Does proposer provide follOW-Up services for ex-clients? (Maximum ten (10) points): 10. Is counselor to client ratio: a) Seven (7) clients or less to (1) one counselor? (Fifteen (15) points): b) Eight (8) to twelve (12) clients to one counselor? (Ten (10) points): c) Twelve (12) to fifteen (15) clients to one (1) coun- selor? (Five (5) points): d) Fifteen (15) to twenty (20) clients to one (1) coun- selor? (Three (3) points): 11. Is program services mix designed to make available an array of appropriate services to each client? (Maximum fifteen (15) points): 4-26-88 - . ~ ~ . o the maximum use of o Does overall design of program promote funds? (Maximum twenty (20) points): 13. Is the following percentage of total project costs derived' from sources other than Emergency Shelter Grant program? 12. a) No less than fifty percent (50\). (Five (5) points): b) Between fifty percent (50\) and seventy-five percent (75\). (Ten (10) points): c) More than seventy-five percent (75\). (Twenty (20) points): 14. Does the proposal service mix reflect the highest priority of service to: a) Families with children? (Fifteen (15) points): b) Elderly/mentally ill homeless? (Ten (10) points): c) Single men and women transients? (Five (5) points): 15. Is the cost per bed: a) Over $ b) Between $ ? (Two (2) points): and $ ? (Five (5) points): c) Less than $ ? (Fifteen (15) points): Assign a bonus of five (5) points of cost per bed is less than $ : flab 0898 4-26-88 - 'I '0 vlcl~rTY MAP ~ .... ----- 1- __d._ I .- ,~.: t I. .1 _1__ , ! , 'tW ?II' 1\2\L.O'N.si 5,"C'5 ..... ; =1'11 ~~ .- -- --_._",- ...--. -- .- NIJ N'''''i6. --.- -- .... ~"--- -~---,-_.-"-""~-' .-- !~_.__ ._.0__" ~_._- 4-26-RR ... I ~.. ,"- - o It , -" ---.-..--- ..---.----. .----..-.. ---------.- . - ..-.------.- .' .--.-----.--.-- ~ .-.--.-----.- . ' . , .' -' -~ - ..:..____-...i r j"-- -. .-.- . ..------' ~' - -- . . , .__'. ._._ '.__ .__......_ __.n TIlE SALVATION ARMY VICINITY MAP .." ._u_ __ ....-..-- HOSPITALITY HOUSE 845 Kingman street San Bernardino. CA ..--'" .....--...--. , .1 .< , I .,. ---.------ _.- , . --.---".--.-.--" .~ - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 '~ o o RESOLlITION NO. RESOLlITION OF THE CITY OF SAN BERNARDINO AlITHORIZING AND DIRECTING THE EXEClITION OF AN EMERGENCY SHELTER GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SALVATION ARMY. BE IT RESOLVED BY THE W. YOR AND COMMON COUNCIL OF THE CITY OF SA N BERNA RDINO A S FOLLOWS: SECTI ON 1. , I The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of the City, an agreement for Emergency Shelter Grant funding with The Salvation Army, a copy of which agreement is annexed hereto as Exhibit "1" and is incorporated herein by reference as though fully set forth at length. The agreement provides for the granting of Emergency Shelter Grant funds in the amount $34,000.00. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / - 1 - JFW:ss 4-27-88 of ~ - - ~ RESO: AUTIi"'hZING AND DIRECTING THE ~UTION OF AN EMERGENCY SHELTER GRAM' FUNDING AGREEMENT BETWEEN CITY AND SALVATION ARMY. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a meeting thereof, held on the 4 day of 19_____, by the following vote, to 5 wit: 6 AYES: Council Members 7 8 9 10 11 12 13 14 15- 16 17 18 Approved as to form and legal content: NA YS: ABSENT: City Clerk The foregoing resolution is hereby approved this day 19 ---- -- t:v1yn Wilcox, Mayor City of San Bernardino 19 ( .1 . r.-. .-::] /- 20 7..z:::.-~ V'J Attorney 21 I 22 23 24 25 26 27 28 - 2 - JFW:ss 4-27-88 - - o o AGREEMENT FOR THE USE OF EMERGENCY SHELTER GRA NT FUNDS T HI S AGREEMENT, entered into this /7 day of ~ 19 Fr , by and between the CITY OF SAN BERNA RDINO, hereinafter referred to as "CITY", and T ,4. ..r do- ." 7....:. th--; a California nonprofit corporatiDn, hereinafter referred to as "SUBRECIPIENT" , WIT N E SSE T H: ---------- WHEREAS, pursuant to Subtitle B of the Stewart B. MeKinney Home 1 ess Assistance Aet of 1987 (Public Law 100-77), hereinafter referred to as the "Aet"), CITY has been awarded Emergency Shelter Grant ("ESG") Program Funds which are to be used tD improve the quality of existing emergency shelters for the homeless, to help make available additional emergency shelters, and to help meet the costs of operating emergency shelters and of providing certain essential social services to homeless individuals; and WHEREAS, CITY is authorized to contract with nonprofit corporations for the use of ESG funds to provide various services for homeless individuals; and WHEREAS, SUBRECIPIENT as a nonprofit corporation is eligible under the Act to reeeive ESG funds to provide those services as described herein; - 1 - JFW:ss 4-27-88 EXHIBIT "A" o o NOW, THEREFORE, the parties hereto do mutually agree as follows: ,- /7 Agreement shall be for a period , 19~~, and terminating as 1 . TERM. The term of this ----- commencing Dn '11/' provided in paragraph 3 herein. 2. SCOPE OF SERVICES. .. . ..... (a) SUBRECIPIENT promises and agrees to provide certain emergency shelter grant program services for homeless persons, by utilizing the sum of $34,000.00, ESG Program Funds, as set forth in the manner provided in Exhibit "A" which is attached hereto and by this reference incorporated herein. SUBRECIPIENT shall also provide homeless individuals with assistance in obtaining (1) appropriate supportive services, including permanent housing, physical health treatment, mental health treatment, counseling, supervisiDn, and other services essential for achieving independent living; and (2) other federal, state, local, and private assistance available for such individuals. Any and all services provided hereunder shall be in full conformity with the Act and any amendments thereto and the federal regulations and guidelines now or hereinafter enacted pursuant to the Act. (b) MATCHING FUNDS. (1) SUBRECIPIENT must supplement its emergency shelter grant amounts with an equal amount of funds from sources other - 2 - JFW: ss 4-27-88 o o than those provided herein. These funds must be provided after the date of the grant award to the SUBRECIPIENT. SUBRECIPIENT may comply with this requirement by providing the supplemental funds itself, or through supplemental funds or voluntary efforts or gifts in kind provided to SUBRECIPIENT (as appropriate). CALCULATING THE MATCHING AMOUNT. '- - In calculating the (2 ) amount of supplemental funds, there may be included the value of any donated material or building; the value of any lease on a building; any salary paid to staff of the SUBRECIPIENT or to any State of nonprofit recipient (as appropriate) in carrying out the emergency shelter program; and the time and services contributed by volunteers to carry out the emergency shelter program determined at the rate of $5 per hDur. For purposes of this paragraph 2, the SUBRECIPIENT upon written concurrance of the Director will determine the value of any donated material or building, or any lease, or furnishings and equipment using any method reasonably calculated to establish a fair market value. 3. TERMINATION. (a) Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. (b) Notwithstanding the provisions of paragraph 3a, CITY may suspend or terminate this Agreement forthwith for cause upon written notice to SUBRECIPIENT of the action being taken. Cause shall be established: - 3 - JFW:ss 4-27-88 o o (1) In the event SUBRECEIPIENT fails to perform the convenants herein contained at such Agreement; or (2) In the event there is a conflict with any federal, state Dr local law, ordinance, regulation or rule rendering any Df the provisiDn of this Agreement invalid or untenable; or (3) In the event the funding from th~ United States Department of Housing and Urban Development (HUD), referred to in the recitals herein, is reduced, terminated or otherwise becomes unavailable. CITY shall provide written notice to SUBRECIPIENT within ten (10) working days from the date HUD reduces, suspends or terminates the ESG funding. This Agreement may, in the discretion of the Director of the Community Development Department (Director), be either terminated or amended to reflect said reduction in funds. (c) Upon termination of this Agreement, SUBRECIPIENT agrees to return any unencumbered funds which it has been provided by CITY. In accepting said funds, CITY does not waive any claim or cause of action it may have against SUBRECIPIENT for breach of this Agreement. - 4 - JFW:ss 4-27-88 o o (d) Upon termination of this Agreement, SUBRECIPIENT shall not incur any obligations after the effective date of such termination, unless expressly authorized in writing by CITY in the notice of termination. (e) Any provisions for inspection and audits relative tD the expenditure of funds provided hereunder shall not be ended upon the date of any termination but shall continue thereafter as specified herein. 4. PA YMENT OF FUNDS. The Mayor and Common Council of the CITY shall determine the final disposition and distribution of all funds received by CITY under the Act. CITY, through its Community Development Department (COD), shall make paYlnents of ESG funds to SUBRECIPIENT fDr the purposes set forth in Exhibit "A" and shall monitor the expenditure of funds and activities of SUBRECIPIENT to ensure compliance with applicable federal regulations and the terms of this Agreement. SUBRECIPIENT shall establish and maintain a separate account for all ESG funds received under this Agreement and deposit all such funds in said account. A 11 disbursements of grant funds by COD will be made as follows: - 5 - JFW:ss 4-26-88 o o (a) Payments shall be made on a reimbursement basis and made within thirty (30) days after the SUBRECIPIENT has submitted written notice identifying payments made and requesting reimbursement. Payments shall be baBed on documented expenses by SUBRECIPIENT, approved by the Director or his designee. (b) One advance payment may be granted to SUBRECIPIENT in such amount and at such time as determined by the Director not to exceed $5,000 whenever he finds that a need for same is properly documented and otherwise consistent with the purposes of the grant. (c) In no event shall CITY or any of its officers, agents or employees be held liable for expenses incurred by SUBRECIPIENT in excess of the ESG allocation noted in Paragraph 1, SCOPEOF SERVICES. (d) Payments may be withheld if, on a determination by the Director, SUBRECIPIENT has not complied with the covenants herein contained at such times and in such manner as provided in this Agreement. - 6 - JFW:ss 4-27-88 - ~ o o (e) No later than thirty (30) days prior to the date set forth herein for termination of this Agreement, SUBRECIPIENT shall provide COD with its estimate of the amount of funds which will remain unexpended upon such termination. Notwithstanding any prDvisions contained in this paragraph 4, CITY through Director shall thereafter, after reasonable notice is given SUBRECIPIENT, have the right to (1) reduce the payment of funds hereunder, (2) renegotiate the actual levels of expenditures in the event SUBRECIPIENT'S rate of expenditures will result in unexpended funds at the expiration of this Agreement, and/or (3) reprogram funds associated with a project Dn which the Director finds there has been no substantial progress or activity. 5. DOCUMENTATION, REPORTS,. INSPECTIONS AND. PERFORMANCE. EVALUATION. (a) Documentation of Expenditures. All expenditures supported by properly executed payrDlls, time records, invoices, contracts, vouchers, receipts and orders and any other accounting documents pertaining in whole or in part to this Agreement, shall be clearly identified and readily accessible. SUBRECIPIENT shall maintain and keep available all such documents for a period of not less than three (3) years from the termination of this - 7 - JFW:ss 4-27-88 o o Agreement, if a CITY, State and/or Federal audit has occurred within six (6) months prior to date of termination, and for a period of not less than five (5) years from said date if such audit has not occurred. In the event of audit exception, such documents shall be maintained until every exception has been cleared to the satisfaction of the auditing authority. (b) Reports. SUBRECIPIENT, at such times and in such forms as CITY may require, shall furnish CITY such statements, records, reports, data and information as CITY may request pertaining to its performance of services hereunder and other matters covered by this Agreement. SUBRECIPIENT shall establish and maintain records in accordance with Office of Management and Budget (OMB) Circular Nos. A-110 and A-112, as applicable tD the acceptance and use of emergency shelter grants. (d Inspections. SUBRECIPIENT shall make available to CITY, State and/or Federal officials its records and data with respect to all matters covered by this Agreement for inspection and audit, which inspection and audit may be made at any time after reasonable notice. SUBRECIPIENT shall comply with the audit requirements of OMB Circular No. A-110, as applicable, and as they relate to the acceptance and use of federal funds under this Agreement. (d) Performance Evaluation. SUBRECIPIENT shall permit CITY, State and/or Federal officials to monitor, assess or - 8 - JFW:ss 4-27-88 o o evaluate SUBRECIPIENT'S performance under this Agreement on at least a monthly basis, said ffiDnitoring, assessment or evaluation to include, but not be limited to, audits, inventory, inspections within the program area and interviews with SUBRECIPIENT'S employees, agents, independent contractors and subcontractors providing the services under this Agreement and recipients thereof. (e) This Agreement contemplates that the SUBRECIPIENT will purchase furnishings and equipment with the monies provided hereunder. As to each such item with a cost of $150 or more., SUBRECIPIENT shall insure that each such item shall be marked with a serial number or some other form of indelible numerical identification. The identification of the item in Exhibit "A" hereto shall include the identification by number. Each item shall also be phDtographed and the SUBRECIPIENT shall maintain a copy of such photograph in its files. Each six ffiDnths SUBRECIPIENT shall submit an inventDry of the items included in Exhibit itA" , signed by its Director, tD COD. 6. BUILDING OR FACILITY. (a) Any building for which emergency shelter grant amounts are used for renovation, conversion, or major rehabilitation must meet local government safety and sanitation standards. - 9 - JFW:ss 4-27-88 ( o o (b) When ESG funds are utilized to prDvide emergency shelter for the homeless in hotels or motels or other commercial facilities providing transient housing: (1) SUBRECIPIENT, at the request of CITY, shall execute an agreement with the provider of such housing which provides that comparable living space, in terms of quality, available in the facility for use as emergency shelter fDr at least the same period of time as provided in paragraph 7 herein; and (2 ) Leases negotiated between SUBRECIPIENT and the provider of such housing shall make available such living space at substantially less than the daily room rate otherwise charged by the facility; and (3) SUBRECIPIENT shall certify in writing to CITY that it has considered using other facilities as emergency shelters, and has determined that the use of such living space in the facilities provides the most cost-effective means of providing I , CITY. emergency shelter for the homeless in the , (c) SUBRECIPIENT shall ensure that any building or facilty is utilized exclusively for secular purposes and is made - 10 - JFW:ss 4-27-88 ~ . o o avaialble to all persons regardless Df religion. If ESG funds are used to renovate, rehabilitate, or convert buildings owned by primarily religious organizations or entities, SUBRECIPIENT shall comply with the provisiDns of Title 24, Regulations, Part 575.21 (b)(2). (d) SUBRECIPIENT shall comply with the Uniform Federal Code of Federal Assessibility Standards (24 CFR Part 40, Apendix A) when activities funded by the ESG program involve major rehabilitation or conversion. 7. MA INTENANCE A S A HOMELESS FACILITY. (a) SUBRECIPIENT shall maintain any building for which ESG funds are used for not less than a three (3) year period, or for not less than a ten (10) year period if the grant amounts are used for major rehabilitatiDn or conversion of the building. (b) The three or ten year periods begin to run (1) on the date of initial occupancy as an emergency shelter for the homeless when the building utilized was not operated as an emergency shelter for the homeless before receiving ESG funds; or (2) on the date that ESG funds are first obligated tD the shelter when the building was operated as an emergency shelter before receiving ESG funds. - 11 - JFW:ss 4-27-88 ~ - o o (c) When ESG funds are used exclusively to provide essential services including, but not limited to, services concerned with employment, physical or mental health, substance abuse, education, food, equipment Dr furnishings the time periods noted above are not applicable. 8. INDEPENDENT CAPACITY. SUBRECIPIENT, and its officers, employees and agents, shall act in an independent capacity during the term of this Agreement and shall not act as, shall not be, nor shall they in any manner be construed to be officers, employees or ~gents of CITY or the State of California. 9. A SSIGNA BUITY. SUBRECIPIENT cannot assign any of its rights, duties or obligations pursuant to this Agreement to any person or entity without the prior written CDnsent of CITY; this includes the ability to subcontract all or a portion of its rights, duties and obligations hereunder. 10. INSURANCE. SUBRECIPIENT shall during the term of this Agreement: (a) Procure and maintain WDrker's Compensation Insurance as prescribed by the laws of the State of California. (b) Procure and maintain comprehensive general and automotive liability insurance as shall protect SUBRECIPIENT from claims for damages for personal injury, including accidental and - 12 - JFW: ss 4-27-88 JlI . o o wrongful death, as well as from claims for property damage, which may arise from activities or programs under this Agreement, whether such activities or programs be by SUBRECIPIENT, by any subcontractor or by any officer, employee or agent of either of them. Such insurance shall name CITY as an additional insured with respect to this Agreement and the obligations of SUBRECIPIENT hereunder. Such insurance shall provide for combined coverage limits of not less than $1,000,000 per occurrence. (c) Furnish CITY with policies of insurance showing that such insruance is in full force and effect, and that CITY is named as an additional insured with respect to this Agreement and the obligations of SUBRECIPIENT hereunder. Further, said policies shall contain the covenant of the insurance carrier that thirty (30) days written nDtice will be given to CITY prior to modification, cancellation or reductiDn in coverage of such insurance. 11 . HOLD HARMLESS. SUBRECIPIENT shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of - 13 - JFW:ss 4-27-88 , o o SUBRECIPIENT, its officers, agents, employees, subcontractors or independent contractors, relating to or in any way connected with or arising from the accomplishment of the services to be performed hereunder, and SUBRECIPIENT shall defend at its expense, including attorneys fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions, The specific insurance coverage required in paragraph 10 herein shall in no way limit or circumscribe SUBRECIPIENT'S obligation to indemnify and hold CITY harmless as set forth in this paragraph 11. 12. FEDERA L REQUIREMENT S. A . SUBRECIPIENT shall comply . with the provisions of the Act and any amendments thereto and the federal regulations and guidelines now or hereafter enacted pursuant to the Act. More particularly, SUBRECIPIENT is to cDmply with those regulations found in Part 575 of Title 24 of the Code of Federal Regulations and OMB Circular Nos. A-110 and A-112, and appropriate attachments for nonprofit organization contractors. B. The SUBRECIPIENT: 1. represents that it is, or may be deemed to be, a religious or denominational institution - 14 - JFW:ss 4-27-88 -l.. III. - . o o or organizatiDn or an organization operated for religiDus purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization; 2. agrees that, in connection with the services tD be provided hereunder: a. it will not discriminate against any employee or applicant for employment on the basis of religion and will not limi t employment or give preference in employment to persons on the basis of religion; b. it will not discriminate against any person applying for such services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; c. it will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such services; - 15 - JFW:ss 4-27-88 ,dl ~ o o d. the portion of a facility used to provide services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations; and e. the funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the SUBRECIPIENT in which the services are to be provided; Provided that, minor repairs may be made if such repairs (1) are directly related to the services, (2) are located in a structure used exclusively for non-religious purposes, and (3) constitute in dollar terms only a minor portion of the ESG expenditure for the public services. 1 3. COMPLIA NCE WIT H LA W. SUBRECIPIENT shall comply with all federal, state and local laws and regulations pertinent tD its operation and services to be performed hereunder, and shall keep in effect any and all licenses, permits, notices and certificates as are required thereby. SUBRECIPIENT shall further comply with all laws applicable to wages and hours of employment, occupational safety and to fire safety, health and sanitation. - 16 - JFW:ss 4-27-88 o o 14. COMPREHENSIVE HOMELESS ASSISIANCE PLAN. SUBRECIPIENT shall cooperate with CITY in undertaking emergency shelter grant activities and shall assist CITY in carrying out its Comprehensive Homeless Assistance Plan and shall act in conformity therewith. 15. NONDISCRIMINATION AND. EQUAL. OPPORTUNITY COMPLIANCE. (a) SUBRECIPIENT hereby certifies compliance with the following: (1) Executive Order 11246, as amended, and the regulations issued thereunder at Title 41, Code of Federal Regulations, Chapter 60; (2) Title VI and Title VII of the Civil Rights Act of 1964 (423 U.S.C. Section 2000d et seq.) as amended by the Equal Opportuity Act of March 24, 1972, (Public Law No. 92-261); (3) Title VIII of the Civil Rights Act of 1968 (42 U. S. C. Section 3601-3619) and implementing regulations issued pursuant thereto (24 CFR Part 1); (4) Executive Order 11063 and implementing regulations issued pursuant thereto (24 CFR Part 107); (5) Age Discrimination Act of 1975 (42 U.S.C. Section 6101-6107); - 17 - JFW:ss 4-27-88 . o o (6) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794); (7) Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. Section 1701u); and (8) Executive Orders 11625, 12432 and 12138. Consistent with HUD's responsibilities under these Orders, the SUBRECIPIENT must make efforts to encourage the use of minority and women's business enterprises in connection with ESG activities; (b) SUBRECIPIENT shall establish and maintain a procedure through which homeless individuals will be informed that use of the facilities and services is available to all on a nDndiscriminatory basis. (c) SUBRECIPIENT agrees to abide by and include in any subcontracts to perform work under this Agreement, the following clause: "During the performance of this Agreement SUBRECIPIENT and its subcontractors shall not unlawfully discriminate against any employee or application for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital - 18 - JFW:ss 4-27-88 . o o status, age (over 40) or sex. SUBRECIPIENT and subcontractors shall insure that the evaluation and treatment of their employees and applicatiDns for employment are free of such discrimination. SUBRECIPIENT and subcontractors shall comply with the provisiDns of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in full. SUBRECIPIENT and its subcontractors shall given written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement." Cd) The equal opportunity clause contained in Section 202 of Executive Order 11246, as amended, is hereby incorpDrated into this Agreement by this Reference. Ce) During the performance of this Agreement, SUBRECIPIENT - 19 - JFW:ss 4-27-88 . o o and its subcontractors, if any, shall not deny the benefits rendered hereunder to any person on the basis of religion, color, ethnic group identification, sex, age or physical or mental disability. (f) SUBRECIPIENT shall furnish all information and reports as required by Executive Order 11246, as amended. (g) SUBRECIPIENT shall include the nondiscrimination and compliance prDvisions of the equal opportunity clause in all subcontracts, if any. 16. AFFIRMATIVE ACTION COMPLIANCE. Each SUBRECIPIENT or subcontractor with less than fifty (50) employees shall comply with Secion 202 Part II of Executive Order 11246, as amended. SUBRECIPIENT shall insure that subcontractors, if any, falling within the scope of this provision shall comply in full with the requirements thereof. 17. CONFLICT OF INTEREST. No person (1) who is an employee, agent, consultant, officer, or elected or appointed official of the CITY, State or SUBRECIPIENT that receives ESG funds and who exercises or has exercised any functions or responsibilities with respect to assisted activities or (2) who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a persDnal or financial interest or benefit from the activity, or have an - 20 - JFW: ss 4-27-88 . o o interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for him or herself or those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. 18. ELIGILIBITY.OF CONTRACTORS.t\ND.SUBCONTRACTORS. No ESG funds allocated to SUBRECIPIENT through this Agreement may be used, directly or indirectly, to employ, award contracts to, or otherwise engage the services of or purchase the goods of or fund any contractor or subcontractor during any period of debarment, suspension, or placement in ineligibility status under the provision of 24 CFR, Part 4. 19. LEA D-BA SED. PA INT . SUBRECIPIENT and all subcontractors, if any, shall comply with the requirements, as applicable, of the Lead-Based Paint PDisoning Prevention Act (42 U.S.C. Section 4821-4846) and implementing regulations issued pursuant thereto (24 CFR Part 35). 20. FLOOD. INSURANCE. No site proposed on which renovation, major rehabilitation, or conversion of a building is to be assisted under this part, other than by grant amounts allocated to the State, may be located in an area that has been identified by the Federal Emergency Management Agency as having special flood hazards, unless the community in which the area is situated is participating in the National Flood Insurance Program and the regulations issued thereunder (44 CFR Parts 59-79) or less than a - 21 - JFW:ss 4-27-88 . o o year has passed since the Federal Emergency Management Agency notification regarding such hazards, and the SUBRECIPI ENT will insure that flood insurance on the structure is obtained in compliance with Section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. Section 4001 et seq.). 21. NOTICE. Any notices required or desired to be served by either party upon the other shall be addressed to respective parties as set out below: AS TO CITY AS TO SUBRECIPI ENT or to such other addresses as frDm time to time shall be designated in writing by the respective parties. 22. BINDING ON SUCCESSORS. SUBRECIPIENT , its heirs, assigns and successors in interest shall be bound by all the provisions contained in this Agreement, and all of the parties thereto shall be jointly and severally liable hereunder. SUBRECIPIENT certifies that it has the legal 23. ASSURANCES. authority to enter into and meet the requirements of this Agreement. - 22 - JFW:ss 4-27-88 . o o 24. ENTIRE AGREEMENT. -- This Agreement is intended by the parties hereto as the final and exclusive expression of the provisions contained in this Agreement and it supersedes and replaces any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be modified or changed only upDn the written consent of the parties hereto. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this day and year first abDve written. CITY OF SAN BERNARDINO BY: SUBRECIPIENT ( typed name) (name and title) (title) ATTEST: CIty Clerk Approved as to form a legal con,7jnt: , j~ Attorney - - 23 - JFW:s 4-27-88 IIIl h , o o EXHIBIT "A II The monies provided pursuant to the Agreement, of which this Exhibit forms a part, shall be in substantially the follDwing category, amounts and costs. With thirty (30) days following the date of the final reimbursement as provided in Agreement, SUBRECIPIENT shall provide to the City, through its Community Development Department, an exact inventory of all items purchased, including a description, the quantity, cost, and serial identification number or other numerial identification number for each individual item with a cost in excess of $150.00. The items are as follows: DESCRIPTION QUA NTITY COS! ID NO. ~ SEE ATTACHED WORK PLAN FOR FURNISHINGS AND EQUIPMENT PURCHASE ~ . ~ WORt PLAN ~SHINGS AND EQUIPMENT' PURO! . A. " FURNISHINGS AND EOOIPMENT,; ... .. . 4. IClTCHEN ; 1 TTG 4 Double' Gas Copvection Ovea 1 G 289-48 TH RC 2 Double Convection Range with 48" Gas Grill & 4 Open Burners . 1 GUT 1-32 WllT Single Deor Reach-In Refrigerator , ; 8 S ESG... Cost $4,485;'00 .' . 3,42?00 1,575.00 . 3 Sets Metal Storage Shelving 5 Tier 875.00 . Each. .... 1 Lo-Temp .Corner Model Dishwasher 1 lHP 120 Volt Garbage Di~posal 1 Lot Freezer/Cooler Shelving 1 Stainless Steel Dish Table 2 Food Prep Tables 1 Coffee and Hot Water URN Pots and Pans -- - Dishes, Setting for 100 Cutlery Setting for 100 Drinking Glasses 288 Mugs 150 Meat Slicer Food Processor Serving Dishes 20 Serying Trays. 100 . Commercial Food Mixer . Micro-Wave Oven TOTAL . 3,025.00 700,00 1,900.00 800.00 1',600.00 900.pO o o o o o o o o o 1,800.00 . 0 $21,087.00 "" . c '. D $ ICatcll 01' T~.l .COIltt1but1oD Colt . . o o o o o o o o o o '2,000.00 . . 500.00 500.00 21.6.00 150.00 380.00 200.00 400.00 250.00 0. , 450.00 5,046.00 $4,485.00 3,427.00 1,575.00 875.00 . 3,025.00 700.00 1,900.00 . . 800.00 1,600.00 900.00 2,000.00 500.00 500.00. . . 216.00 150.00 380.00 200.00 400.00 250.00 . 1,800.00 450.00 · 26,133.00 Ttlf,l \,\111.1\ . \.'\L r' I ~jK'I'1 I .. . " ~ : ' WORt PLAN FOR Ooo:SHINGS AND EOUIPMEH'l' PURCHAO' .. A. , " '. FURNISHINGS AND JSQU.1nG!NT,; ':. ~. . .. BEDROOM FURNISHING&: 26 Heavy Duty Metal ~unk Beds 18 Single Metal Beds 4 Cribs 4 Crib Water Proof/Stain Resistant Mattresses ' 52 Mattresses to Fit Bunk Bedg 2 Infant/Car Seat (Safety) , 20 Mattresses (Water Proof/Stain Resistant) to fit Single Meta~ , Beds , ..~ .-' 5 BedSide Stands Metal . ' 6 Mirrors , LAUNDRY: 1 Heavy Duty Commercial Washer 1 Heavy Duty Commercial Dryer " 1 Metal (Clothing Floding) Table 1 eommercial Vacuum Cl~aner 1 Commercial Carpet 'Shampoo Machine 1 Wet Vacuum ,1 22' Extension Ladder Aluminum 1 la' Step Ladder Aluminum 1 6! Ladder (Step) Aluminum ; .. 0, 5,200.00 '5,200.00 , 0 ,150.00 . 150.00 1,188.00 0 1,188.00 , . " o o 600.00 .. , '. . 600.00 . ' 0 400.00 , 400.00 .. 125.00 o o o , 350.00 ' 350.00 300.00 300'.00 . . ' , 0 . 600.00 --- ... 0 600. ad 100.00 100.00 '. 0 400.00 0 400.00 0 125-.00 . 100.00 ' 100.00 60.00 60.00 50.00 50.00 , , {f ' 11 IIU~ L\'\' I S,\ I..j't l' ,\R' " , . ' 'I..' " , !!'........~,~.-h- .. : .C', .:1. ~ ,', '. . I .' ., " ; ", , i " . i', " ~ I. , ; , , , , " " . ' WORt PLAN FOR OxSHINGS AND EOtJlPKEN'l" PURCHAsQ A. ';' FURNISHINGS AND EOOIPMENT'; :. , ; ~. . .. DINING ROOMS: Stainless Steei Portable Steam Table 30" Wide 4 Children's High Chair ~ Hard Wood with Safety Strap 16 Tables 80 Metal Chairs 2 Dish Storage Cabinet; Salt & Pepper Sets & Sugar/Creamer Sets , Blinds - Aluminum OFFICE EQUIPMENT: 2 Typewriters 4 Chairs 2 Desks - - 3' Desk Lamps 2 Filing Cabinets 1 Adding Machine 1 Small Safe 2 Book Cases LOUNGE: ,4 Couches 2 Floor Lamps 70 Lockers (to secure personal property) 1 Storage Shed . TOTAL 8 S ESG',,' Colt- . .. .' C $lIatcll. or 'CoAtI'1but1oD "'. D Toul Cost . , , o '$1,500.00 $1,5~.00 o o o .. o o o , 0 ,0 o 0' ',- ..'0, o o o o 0, $2,600.00 , 0 500.00 1,440.00 600.00 . 400'~00 200.00 ,4,000.00 400.00 . 200.00 400.00 "1:50. ~O 200.00 75.00 500.00 179.00 1.,000.00 200.00 o , .., . 2,500.00 ,500.00 " ' ,1,440.00 600.00 400.00 200.00 ,4,000.00 400.00 '200.00 , 400.00 150.00 200.00 . 75.00 500.00 179.00 1;000.00 200.00, ,2,600.00 2,500.00 , ' . ' $2,600.00 14,444.00' 17,044.00 ~~ [III: II-I~ S' \l\r\f . I I}R~I't ( j I '.' " ' , , " ... -... -'. . i ~ ,. " " WORt PLAN ~SHINGS AND EQUIPMENT PURQ. ~~ [7 11\ '\11\ I < '\\. ,\1 :'t' \ ,~" !<1" L \., ' " __t ' ( :1 " A, .. 8 C '.. D . . $ ESG'", $ MaW. . FURNISHINGS AND P4JIPMENT'; '.. or TO\&l ; Colt 'CoAtI'1but1oD Cost " ' .. . . LINENS: " - .. .. : . . 0 $ 1,000.00 , $ 1,000.00 288 ShEoets 100 Pillows (Water Proof/Stain 0' 1,000.00 1,000.00 , Resistant) 140 Blankets , 0 1;400.00 1,400.00 288 Wash Cloths 0 148.00 148.00 288 Bath Towels . .. 0 1,152.00 1,152.00 288 Hand ,Towels 0 450.00 450.00 60 Dish Towels 0, 150.00 150.00 OUTJ)OOR: Outdoor Table with Benches 0 1,500.00 ' ],,500.00 . (Aluminum) . . , .. . " , -- - . - -.. , , " TOTAL THIS PAGE 0 , 6,800.00 6,800.00 TOTAL llROU~ FORWARD 34,000.00 27,200.00 61,200.00 GRAND TOTAL 34,000.00 34,000.00 68,000.00 - . . , - . , , ' . . . , ' .. . . ' . , " , , " I,