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CI1Q OF SAN BERNARDICo - REQUIOr FOR COUNCIL AC':ON
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From: Kenneth J. Henderson, Director Subject: Approval of FY 1987/1988 CDgG .
Agreement between City and
Dept: Community Development Bethlehem House
Date: June 3, 1987
Synopsis of Previous Council action:
On May 18, 1987, the Mayor and Common Council considered and approved certain
FY 1987/1988 CDBG eligible programs, projects and activities.
Recommended motion:
ADOPT RESOLUTION
Contact parson: Ken Henderson/Lisa Dickey
Phona:
5065
Supporting data attached:
Staff Report
Ward:
1-7
FUNDING REQUIREMENTS:
Amount: $35,000.00
Source: (ACCT. NO.)
(ACCT. DESCRIPTION) FY 1987/1988 CDBG Allocation
Finance:
Council Notes:
Agenda Item NO~ O.
~1'tY OF SAN BERNARDINO - RI:;QUI:;5T fOOR COUNCIL ACTION
STAFF REPORT
On May 11, 1987, the Mayor and Common Council conducted the
CDBG Public Hearing and considered requests for financial
assistance for the upcoming fiscal year (1987/1988). The
lIayor and Common Council, subsequently, held a workshop on
May 18, '1987 and awarded community development funds to
certain public service, capital improvement, fair housing and
economic development projects. Agreements are now required
to implement said projects.
The attached agreement between City and Be~lehem House
includes a "scope of services" and "program budget" attached
to the agreement as Exhibits "A" and "B", respectively. These
Exhibits are incorporated by reference as though fully set
forth at length.
Adoption of the resolution by the Mayor and Common Council
would authorize and direct the Mayor to execute the agreement
as described herein.
=--~~~ G. ~~
Kenneth J.'Henuerson
Director of Community Development
KJH/lab/0307
6/2/87
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RESOLUTION OF TilE CITY OF SAN BERNARDInO AUTHORIZT1-Jr: I\,j!)
DTR":CTING THf. [<~)mCUTIOll OF f, cm1HUNLTY DEv;::r.oprlENT m,on: C:RM,l';'
FUNDING AGREB:lENT BF.THEEN THE CITY OF SAN RF..RNARDINO AND
DETIlLEHEM HOUSE.
BE IT PESOLVED BY THE ~1I\YOR AND COMMON COUNCIL OF TIm CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION I. The Mayor of the City of San Bernardino is
he~eby authorized and directed to execute, on behalf of the
eit:,', an agreement for Community Development Block Grant funding
\vith Beth1eth:fil House, a copy of which agreernent is annexed
hereto as Exhibit "1" and is incorporated herein by reference as
though fully set: forth at length.. The agreen.ent provider; fOJ~
the granting of Community Development Block Grant funds in the
foIl.owing ar"ount of S35 ,000 .00.
I HEREBY CERTIFY that Lhe foregoing resulution was ~uly
aJe,pted by the and Common Council of the CiLy of San BernaLdino
iileet ing thereof, held on the
day of
at II
, 19B7, by the following vote, to wit:
Councilperfjons
AYES,
NAYES:
ABSEH"'=
City Clf:{k
6/2/87
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The foregoing resolution is hereby approved this
(Jay of , 1987.
Mayor, City,of San Bernardino
Approved as to legal form
and content:
6/2/87
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THIS AGREEMENT is entered into effective as of
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,luly 1 , 1987, at San Bernardino, California,
3 between the CITY OF SAN BERNARDINO, a municipal corporation,
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referred to as "City", and
Bethlehem HOllse ' a
6 nonprofit community service organization, referred to as "Sub-
7 recipient".
8 city and Sub recipient agree as follows:
9 1. Recitals.
10 (a) Subrecipient has requested financial assistance
11 from City for fiscal year 1987/1988 from funds available through
12 a community development block grant from the United States of
13 America to City.
14 (bl . Subrecipient represents that the expenditures
15 authorized by this agreement are for valid community development
16 purposes, in accordance with federal law and regulations, and
17 that all funds granted under this agreement will be used for no
18 purpose other than those purposes specifically authorized. The
19 specific purposes and scope of services of this particular grant
20 are set forth in Exhibit "A", attached hereto and incorporated
21 into this agreement as though fully set forth herein.
22 2. Pavments. City shall reimburse Subrecipient for
23 allowable costs incurred under the scope of this agreement and
24 applicable Federal regulations, which have not been paid for or
25 reimbursed in any other manner by any other Agency or private
26 source of funding. Reimbursement will be made at least on a
27 monthly basis, with the total of all such reimbursements not to
28 exceed $ 35,000.00 .
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3. Term.
and terminate
This agreement shall commence
July 1, 1987
June 30, 1988
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4. Use of Funds: Budaet: Travel Limitation.
(al The funds paid to Subrecipient shall be used by
it solely for the purposes set forth in Paragraph l(b) of this
agreement, and in accordance with the program budget submitted
by Subrecipient to the City of San Bernardino Community
Development Department, a copy of which is attached to this
agreement as Exhibit "B". This budget shall list all sources of
funding for the program covered by this agreement, whether from
State, Federal, local or private sources, and shall identify
which sources are paying for which specific portions of the
13 program, by line-item, to the extent practicable.
14 (b) No travel expenses for out-of-state travel shall
15 be included in this program unless specifically listed in the
16 budget as submitted and approved, and all travel expenses to be
17 funded from funds provided hereunder shall be specifically
18 identified as travel expense, which shall be negotiated between
19 the City of San Bernardino Community Development Department and
20 Subrecipient in the budget. Any travel expenses incurred by
21 Sub recipient above the budgeted amount or for out-of-state
22 travel shall not be eligible for reimbursement unless the prior
23 written approval of the Director of Community Development of the
24 City of San Bernardino, or designee, has been obtained.
25 (cl Funds shall be used for purposes authorized by
26 the community development block grant program only, and no
27 portion of the funds granted hereby shall be used for any
28 purpose not specifically authorized by this agreement.
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(d) Only net payroll shall be periodically reimbursed
1 by City as an allowable cost. Any amounts withheld by
2 Subrecipient from an employee's pay for taxes, social security,
3 or other withholding and not immediately paid over to another
4 entity, shall not be included as wages or expenses eligible for
5 reimbursement as an allowable cost until such time as the
6 withheld taxes, social security, or other withholdings are
7 actually paid over to another entity entitled to such payment.
8 Upon such payment and the submission of evidence of such payment
9 to the City of San Bernardino Community Development Department,
10 such expenses shall be regarded as an allowable cost, and the
11 City shall reimburse Subrecipient for such obligation.
12 (e) A variation in the itemization of costs, as set
13 forth in the proposed budget submitted to City, not to exceed
14 ten percent (10%) as to any particular line item, shall be
15 allowed, provided the prior written approval of the Director of
16 Community Development of the City of San Bernardino is obtained,
17 it being understood that the total amount of the grant shall not
18 be var ied thereby.
19 (f) The parties intend that grant funds be utilized
20 within the time period covered by this agreement, and
21 entitlement to any funds not used shall revert to the City. No
22 reserve for the future shall be established with the funds
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except as may be authorized to meet commitments made for
services provided during the period of this agreement, but not
yet paid for at the conclusion of this agreement.
5. Accountina: Audit.
(a) Prior to the final payment under this agreement,
and at such other times as may be requested by the Director of
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Community Development of the City of San Bernardino,
Sub recipient shall submit to the Director an accounting of the
proposed and actual expenditures of all revenues from whatever
source accruing to the organization for the fiscal year ending
June 3, 1988.
(b) Financial records shall be maintained by
Subrecipient in accordance with generally accepted accounting
principles, and in a manner which permits City to trace the
expenditures of funds to source documentation. All books and
records of Sub recipient are to be kept open for inspection at
any time during the business day by the City, its officers or
agents, and by any representative of the United States of
America authorized to audit community development block grant
14 programs..
15 (c) Standards for financial management systems and
16 financial reporting requirements established by Attachment "F"
17 and Attachment "q" of Office of Management and Budget Circular
18 No. A 110 shall be fully complied with by Subrecipient.
19 Sub recipient acknowledges that the funds provided are federal
20 funds.
21 (d) Subrecipient's financial management system shall
22 provide for accurate, current and complete disclosure of the
23 financial results of each program sponsored by this agreement.
24 It is the responsibility of Subrecipient to adequately safeguard
25 all assets of the program, and Subrecipient shall assure that
26 they are used solely for authorized purposes.
27 (e) In addition to the foregoing, Subrecipient shall
28 at its own expense have the City-funded portion of its program
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audited annually,
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and provide
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to City a copy of the audit report
within sixty (60) days after receipt of the report by
Subrecipient. Such audit must be performed by a Certified
public Accountant or some other independent auditor approved in
advance by the City's Director of the Community Development.
6. Services Available to Residents: Monitoring and
Reoorting Program Performance. The services of Subrecipient
shall be made available to residents and inhabitants of the City
8 of San Bernardino unless otherwise noted in Exhibit RAR. No
9 person shall be denied service because of race, color, national
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origin, creed, sex, martial status, or physical handicap.
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Subrecipient shall comply with Affirmative Action guidelines in
Sub recipient shall also monitor the
12 its employment practices.
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program's activities and submit written reports quarterly, or
more often if requested, to the Director of Community
Development of the City of San Bernardino, in accordance with
Attachment "HR, Office of Management and Budget Circular No. A
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110.
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Failure to provide such quarterly performance reports may
prevent the processing by City of Sub recipient's requests for
reimbursement, and may justify temporary withholding as provided
for in Paragraph 11 hereof.
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Procurement Practices: Conflict of Interest.
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Subrecipient shall comply with procurement procedures and
23 guidelines established by Attachment "OR to Office of Management
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and Budget Circular No. A-l02, "Procurement StandardsR. In
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addition to the specific requirements of Attachment "OR to
26 Circular No. A-102, Subrecipient shall maintain a,code or
27 standards of conduct which shall govern the performance of its
~ officers, employees or agents in contracting with and expending
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the federal grant funds made available to Sub recipient under
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2 this agreement. Subrecipient's officers, employees or agents
3 shall neither solicit nor accept gratuities, favo~s, or anything
4 of monetary value from contractors or potential contractors. To
5 the extent permissable by State law rules, and regulations, the
6 standards adopted by Subrecipient shall provide for penalties,
7 sanctions or other disciplinary actions to be applied for
8 violations of such standards by either the Subrecipient's
9 officers, employees or agents, or by contractors or their
10 agents. Sub recipient shall provide a copy of the code or
11 standards adopted to City forthwith. All procurement
12 transactions without regard to dollar value shall be conducted
13 in a manner so as to provide maximum open and free competition.
14 The Subrecipient shall be alert to organizational conflicts of
15 interest or non-competitive practices among contractors which
16 may restrict or eliminate competition or otherwise restrain
17 trade. Subrecipient agrees to adhere to conflict of interest
18 provisions set forth in 24 CFR Section 570.611 and to the
19 procurement rules specified in Office of Management and Budget
20 Circular No. A 102 Attachment "0" in its expenditure of all
21 funds received under this agreement.
22 8. Anti-Kick Back Provisions: Eaual Emplovment
23 Opportunitv. All contracts for construction or repair using
24 funds provided under this agreement shall include a provision
25 for compliance with the Copeland "Anti-Kick Back" Act (18.U.S.C.
26 874) as supplemented in Department of Labor Regulations (29 CFR,
27 Part 3). This act provides that each contractor or subgrantee
28 shall be prohibited from inducing, by any means, any person
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employed in the construction, completion or repair of public
work, to give up any part of the compensation to which he is
otherwise entitled. Subrecipient shall report all suspected or
reported violations to City. All contracts in excess of
$10,000.00 entered into by Subrecipient using funds provided
5 under this agreement shall contain a provision requiring
6 compliance with Equal Employment Opportunity provisions
7 established by Executive Order 111246 as amended.
8 9. prevailino Waoe Reouirement. Any construction
9 contracts awarded by Subrecipient using funds provided under
10 this agreement in excess of $2,000.00 shall include a provision
11 for compliance with the Davis-Bacon Act (40.U.S.C. 276a to 276a
12 7) and as supplemented by Department of Labor Regulations
13 (29CFR). Under this Act, contractors shall be required to pay
14 wages to laborers and mechanics at a rate not less than the
15 minimum wages specified in a wage determination made by the
16 Secretary of Labor. In addition, contractors shall be required
17 to pay wages not less often than once a week. Subrecipient
18 shall place a copy of the current prevailing wage determination
19 issued by the Department of Labor in each solicitation and the
20 award of a contract shall be conditioned upon the acceptance of
2] the wage determination. Sub recipient shall report all suspected
22 or reported violations to City.
23 10. Aooroval of Citv of anv Charoes: Use of Prooram
24 Income. City reserves the right to require Subrecipient to
25 obtain the prior written approval of City of any charges or fees
26 to be charged by Subrecipient for services provided under this
27 agreement, and of any rules and regulations governing the
28 provision of services hereunder. Program income represents
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1 gross income earned by the Sub recipient from the federally
2 supported activities. Such earnings exclude interest earned on
3 advances and may include, but will not be limited to, income
4 from service fees, sale of commodities, usage and rental fees.
5 These funds shall be used first for eligible program activities,
6 before requests for reimbursement, or shall be remitted to the
7 City. Subrecipient shall remit all unspent program income to
8 the City within thirty (30) days subsequent to the end of the
9 program year (June 30, 1988). Interest earned on funds advanced
10 under the agreement shall be paid to the City.
11 11. TemDorarv Withholdinq. The Director of the Community
12 Development of the City of San Bernardino is authorized to
13 temporarily withhold the. payment of funds to Subrecipients when
14 the Director determines that any violation of this agreement has
15 occurred. Funds shall be withheld until the violation is
16 corrected to the satisfaction of the Director. Subrecipient
17 shall have the right to appeal the decision of the Director to
18 the Mayor and Common Council. The sole grounds for such appeal
19 shall be that no violation of the agreement has occurred.
20 Subrecipient shall file such appeal within fifteen (15) days
21 after such first withholding. The Mayor and Common Council
22 shall set a date for the hearing of such appeal which is within
23 thirty (30) days following the date of filing.
24 12. Records Retention. Financial records, supporting
25 documents, statistical records, and all other records pertaining
26 to the use of the funds provided under this agreement shall be
27 retained by Subrecipient for a period of three (3) years, at a
28 minimum, and in the event of litigation, claim or audit, the
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records shall be retained until all litigation, claims and audit
1 findings involving the records, have been fully resolved.
2 Records for non-expendable property acquired with federal funds
3 provided under this agreement shall be retained for three (3)
4 years after the final disposition of such property.
5 13. Prooertv Manaaement Standards. Non-expendable
6 personal property, for the purposes of this agreement, is
7 defined as tangible personal property, purchased in whole or in
8 part with federal funds, which has useful life of more than one
9 (1) year and an acquisition cost of three hundred dollars
10 ($300.00> or more per unit. Real property means land, including
11 land improvements, structures and appurtenances thereto,
12 excluding movable machinery and equipment. Non-expendable
13 personal property and real property purchased with or improved
14 by funds provided under this agreement shall be subject to the
15 property management standards specified in Attachment wNw of
16 Office of Management and Budget Circular No. A-l02, "Property
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Management Standards".
18 14. Termination for Cause. City reserves the right to
19 terminate this agreement and any and all grants and future
20 payments under this agreement in whole or in part at any time
21 before the date of completion of this agreement whenever City
22 determines that the Sub recipient has failed to comply with the
23 conditions of this agreement. In the event City seeks to
24 terminate this agreement for cause, City shall promptly notify
25 the Subrecipient in writing of the proposed termination and the
26 reasons therefore, together with the proposed effective date.
27 Subrecipient shall be given an opportunity to appear before the
28 Mayor and Common Council at the time at which the Mayor and
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1 Common Council are to consider such recommended termination, and
2 shall be given a reasonable opportunity to show cause why, if
3 any exists, the agreement should not be terminated for cause.
4 Upon determination by the Mayor and Common Council that the
5 contract should be terminated for cause, notice thereof,
6 including reasons for the determination, shall promptly be
7 mailed to the Subrecipient, together with information as to the
8 effective date of the termination. Such notice may be given
9 orally at that hearing. The determination of the Mayor and
10 Common Council as to cause shall be final.
11 15. Termination for Convenience. City or Subrecipient may
12 terminate this agreement in whole or in part provided both
13 parties agree that the continuation of the project would not
14 produce beneficial results commensurate with further expenditure
15 of funds. In such event, the parties shall agree upon the
16 termination conditions, including the effective date and, in the
17 case of partial terminations, the portion to be terminated. The
18 Sub recipient shall not incur new obligations for the terminated
19 portion after the effective date and shall cancel as many
20 outstanding obligations as possible. City shall allow
21 Subrecipient full credit for the City's share of the non
22 cancellable obligations properly incurred by the Subrecipient
23 prior to termination.
24 16. Hold Harmless. Sub recipient agrees to indemnify and
25 save harmless the City and its employees and agents from all
26 liabilities and charges, expenses (including counsel fees),
27 suits or losses, however occurring, or damages, arising or
28 growing out of the use of or receipt of funds paid under this
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agreement and all operations under this agreement. Payments
1 under this agreement are made with the understanding that the
2 City is not involved in the performance of services or other
3 activities of the Subrecipient. Subrecipient and its employees
4 and agents are independent contractors and not employees or
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agents of City.
In the event of any termination, subrecipient
shall forthwith provide to the Community Development Department
any and all documentation needed by the Community Development
8 Department to establish a full record of all monies received by
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sub recipient and to document the uses of same.
17. Amendment. This agreement may be amended or modified
only by written agreement signed by both parties, and failure on
12 the part of either party to enforce any provision of this
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agreement shall not be construed as a waiver of the right to
14 compel enforcement of any provision or provisions.
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16 Subrecipient without the prior written consent of City.
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This agreement shall not be assigned by
18.
Assianment.
19.
Notices.
All notices herein required shall be in
18 writing and delivered in person or sent certified mail, postage
19 prepaid, addressed as follows:
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As to City:
As to Subrecipient:
Director
Community Development Dept.
City of San Bernardino
City Ball, Fifth Floor
300 North "0" Street
San Bernardino, Calif. 92418
Bethlehem House
1450 North "D" Street
San Bernardino, CA 92405
20. Evidence of Authoritv.
Subrecipient shall provide to
27 city evidence in the form of a certified copy of minutes of the
28 governing body of Subrecipient, or other adequate proof, that
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this agreement has been approved in all its detail by the
governing body of the Subrecipient, that the person(s) executing
it are authorized to act on behalf of Subrecipient, and that
this agreement is a binding obligation on Subrecipient.
IN WITNESS WHEREOF, the parties hereto have executed this
5 agreement on the day and year first hereinabove written.
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7 ATTEST:
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CITY OF SAN BERNARDINO
City Clerk
BY:
Mayor, of the City of
San Bernardino
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SUBRECIPIENT:
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Approved as to form andleqal content except for Exhibits
17 and ~Bn(which were not Rubmitted for review):
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By:
President
BY:
Secretary
nAil
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22 June, 1987
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Establlsh.d ln August 1983 by the Consolatlon Slsters. Thlrd
Order of St. Francls, today Bethlehem House ls the largest and
most comprehenslve shelter ln the county for low lncome women and
chlldren who are vlctlms of domestlc vlolence. It ls located ln
K19hl~nd and serves cllents from throughout San Bernardlno and
Rlverslde Countles.
Our program provldes shelter and support servlces for up to
one year for a famlly wlthout regard to race, sex. (we work wlth
the husbands as well. coordlnatlng the dlversion program for the
San Bernardlno County Dlstrlct Attorney's Offlce) or creed.
Acceptance into the program ls not dependent upon ablllty to pay
or the ablllty to qualtfY for ald. Whlle the shelter ls run the
the Slsters who founded It; they do not, however, hold rellglous
servlces of any klndas part of thelr program.
Bethlehem accepts unwed pregnant teenagers who have been
vlctlms of famlly vlolence as well as vlctlms of elder abuse lnto
lta program. Clients are referred through law enforce.ent
agencles as well as other publlC and prlvate agencles and
ahelters.
For those who have completed our three month program. we
have found that 95% of our faallles have not returned to
batterlng sltuations.
The flfty bed faclllty (houslng froa 60-65 women and
chlldren) ls utlllzed for a resldentlal therapy program and ls
staffed on a 24 hour basls. The unlque dally program schedule
for women of the house lncludes: tralnlng ln parentlng, ho..
aanagement. chlld develop.ent, pre-natal health care.
communlcatlon skllls. nutrltlon and job develop.ent, substance
abuse dlverslon and assertlveness tralning.
A fully'functlonlng preschool and daycare center. recently
expanded to tnclude a therapeutic program, serves 'approxlmately
thtrty chlldren cltents ln any glven aonth. The chlldren also
recelve a mlnlmum of flve group therapy sesslons weekly.
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Servlces, ln addltlon to the programs for cllents ln
resldence. lnclude: follow-up counsellng. crlsls lntervention.
houslng and ald referrals and drop-ln counseling.
In addltion, tralnlng programs are conducted by the staff of
Bethlehem House for law enforcement. prlsons, schools. and
related community servlce agencleS as well as the public.
It ls ex_ected tha 1 000 women and chlldren w 11 reslde a~
Bethlehem House durina the 1987-88 calendar vear.
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1450 North "0" Street . San Bernardino, California 92405
Business 714/862-8027
Hotline 714/862,7253
Outreach 714/889-7356
City Of San Bernardino
300 North "0" Street
San Bernardino Ca. 92418
Att: Lisa Dickey
Dear Ms. Dickey,
Enclosed is the breakdown of allwoable expenses fo Bethlehem House for
the Grant Year FY 1987/1988. With a Project Cost of $35.000.
(1) Detailed Personnel Services 8udget:
$4,800 - Total - 1 Daytime Coordinator
( Lorrie Gile) working 40 hours a week.
$800 mo. X Six Months = $4,800
(2) Detailed Suppl ies/Material Budget.:
$200 mo. - General Office Supplies = $2,400
$50 mo. Reproduction Suppl ies =600
( Toner, Paper. Etc. for Copy Machine)
$300 mo. - Educational Materials = $3,960
(For Books,Pamphlets, etc for GED Preparation)
Also Materials (Consumable Supplies)
for our Child Care Program
$100 mo. - Stationary Supplies/Printing $1,200
45 mo. - postage /UPS/ 540
Total Item 2
(3) Detailed Breakdown of "Other" Costs:
$ 73.35 mo. Travel Expenses
340.00 mo. Mileage 1 Auto Ins/Auto
Maintenence
12mos x $350 mo. Utilities-Telephones
12mos x $100 mo. Utilities-Water
4mos x $400 mo. Utitilies-Elec.
lOmos x $650 mo. Food
5mos x $608 mo. Rent
Total Item 3 = $21,500
= $8,700
$ 880
$4,080
$4,200
$1,200
$1,600
$6,500
$3,040
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