HomeMy WebLinkAbout05.B- City Manager 5.B
RESOLUTION (ID # 3775) DOC ID: 3775 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Allen Parker M/CC Meeting Date: 05/04/2015
Prepared by: Brandon Mims, (909) 384-
5122
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of a First Amendment to the Agreement with Mercy House Living Centers
for Program Operations of the San Bernardino Homeless Access Center. (#3775)
Current Business Registration Certificate: Yes
Financial Impact:
Through the adoption of Fiscal Year 2015-2016 Action Plan, the City Council approved
a total Project Budget of $650,000 to be paid as follows:
Purpose Amount
City Administration — ESG (7.5% of$400,000) $30,000
City Administration — CDBG (10% of$200,000)$20,000
Mercy House Administration — ESG $55,000
Staffing (14,716 hours of service delivery) $270,000
Family Motel Vouchers $50,000
Food Vouchers $50,000
Special Needs $50,000
Transportation Assistance $50,000
Check-in Center $75,000
Total $650,000
The Homeless Access Center does not affect the General Fund, all funding related to
this project comes from Emergency Solutions Grant (ESG) and Community
Development Block Grant (CDBG) accounts.
Background:
The City of San Bernardino ("City") has an increasing problem with homelessness as
evidenced in the recent adoption of the Homeless Intervention Action Plan and efforts to
mitigate homelessness through the San Bernardino Homeless Access Center (SBHAC).
Mercy House has been the operator for the SBHAC since February 27, 2015, providing
the following critical essential services to our homeless residents:
• The SBHAC began operations on February 27, 2015.
* Enrolled 115 clients
• Housed 11 families
Updated: 4/30/2015 by Georgeann "Gigi" Hanna B Packet Pg. 10
3775
* 2 additional families in the pipeline
Mercy House has submitted a proposal to continue operating the SBHAC through Fiscal
Year 2015-2016. The City recognizes that the provision of permanent affordable
housing options in collaboration with targeted support services will reduce the number
of unsheltered homeless within the city. Ongoing operation of the SBHAC will provide a
strategic outlet for the coordination of homeless services.
Synopsis of Previous Council Action:
Here are listings of previous council actions pertaining to the SBHAC
Resolution No. 2014-156 directed the City Manager to initiate a Request for
Qualification for a contract-provider to offer a "centralized service access center to
provide wrap-around services to reduce the number of unsheltered resident homeless
population". The Homelessness Intervention Action Plan authorized $200,000 toward
the management of the central service access center through award of the United
States' Housing and Urban Development Department's Emergency Solutions Grants
Program (ESG).
Resolution No. 2014-156 directed The Police Chief, Office of the Mayor and Mayor Pro
Tern to establish and recommend proper residency criteria to determine the number of
unsheltered homeless population that are members of the San Bernardino community
and present such criteria to the Mayor and Common Council for approval within 45 days
of the passage of Resolution No. 2014-156.
Resolution No. 2014-282 established residency criteria pursuant to The Homeless
Intervention Action Plan.
Resolution No. 2014-42 declared the real property owned by the City of San Bernardino
and located at 241 West 9th Street to be surplus and requested solicitation bids. No
bids were received.
Resolution No. 2014-378 amended the 2014-2015 Emergency Solutions Grant budget.
Part of said amendment allocated $200,000 for the proposed access center.
Resolution No. 2014-382 authorized the City Manager to enter into negotiations with
Mercy Housing Living Centers for operation of an access center, allocated $200,000 of
Emergency Solutions Grant (ESG) funding to the project and designated 241 West 9th
Street (Easter Seals Building) as the location of the access center.
Resolution No. 2015-41 rescinded Resolution 2014-382 due to unforeseen rehabilitation
costs estimated at $500,000 for the Easter Seals building located at 241 West 9th
Street. A total of$200,000 of Emergency Solutions Grant funding is awarded to Mercy
House Living Centers of Santa Ana, California for the purpose of operating the Service
Access Center.
Updated: 4/30/2015 by Georgeann "Gigi" Hanna B Packet Pg. 11
5.B
3775
�... Resolution No. 2015-41 authorized the City Manager to enter into a contract with Mercy
House Living Centers of Santa Ana, California for the purpose of operating the Service
Access Center. The City owned property located in Seccombe Lake Park, at 259 East
7th Street (Butler Building), San Bernardino, California was designated as the location
of the Central Drop-In/Service Access Center.
Resolution No. 2015-70 authorized the City Manager to submit 2015-2016 Action Plan,
which allocated $400,000 of Emergency Solutions Grant (ESG) funds and $250,000 of
Community Development Block Grant (CDBG) funds to the Homeless Access Center
project.
Analysis:
Mercy House has extensive experience in assisting and providing services to the
homeless populations of San Bernardino and Orange Counties. During the 2014-2015
fiscal year Mercy house was able to secure housing for 566 individuals, rescue 64
families from becoming homeless, and serve 4,353 homeless individuals; meeting their
immediate needs and providing connections to restore stability.
The San Bernardino Homeless Access Center provides wrap-around services in order
to reduce the number of unsheltered resident homeless population. Services include a
drop-in center, motel vouchers, food vouchers, information for and assistance with
permanent housing, counseling and treatment for mental health and substance abuse,
showers and restrooms, and basic medical care. In order for an access center to be
effective, it must be open to its clients as much as possible. The proposed hours for the
Access Center are Monday through Sunday; 6:00 a.m. - 6:00 p.m. Services provided at
The Access Center are storage access, showers, case management, housing
assistance, rent assistance, basic medical care, food vouchers, and motel vouchers.
The Access Center seeks to provide essential services that will reduce the number of
unsheltered homeless population in our community. Starting from February 27th, 2015,
when The Mayor and Common Council approved the contract for Mercy House to
provide the services for The Access Center, substantial progress has been made. The
Access Center opened on May 4th, 2015 and since then has acquired 115 clients,
assisted housing 11 families and is in the process of housing 2 more.
Financial Impact:
Through the adoption of Fiscal Year 2015-2016 Action Plan, the City Council approved
a total Project Budget of $650,000 to be paid as follows:
Purpose Amount
City Administration - ESG (7.5% of$400,000) $30,000
City Administration - CDBG 10% of $200,000 $20,000
Mercy House Administration - ESG $55,000
Staffing (14,716 hours of service delivery) $270,000
Family Motel Vouchers $50,000
Food Vouchers $50,000
Updated: 4/30/2015 by Georgeann "Gigi" Hanna B Packet Pg. 12
3775
Special Needs $50,000
Transportation Assistance $50,000
Check-in Center $75,000
Total $650,000
The Homeless Access Center does not affect the General Fund, all funding related to
this project comes from Emergency Solutions Grant (ESG) and Community
Development Block Grant (CDBG) accounts. Funding will be identified in the Fiscal
Year 2016-2017 Budget for operations during that program year.
Recommendation:
Staff recommends adoption of the attached resolution which will amend the existing
agreement between the City and Mercy House Living Centers for program operations at
the SBHAC through June 30, 2017.
City Attorney Review:
Supporting Documents:
Access Center Contract Amendment Resolution May 4 2015 (DOC)
reso 3775 4-29 3-40pm (DOC)
agrmt 3775 (PDF)
2014-2016 Mercy House Contract (PDF)
Updated: 4/30/2015 by Georgeann "Gigi" Hanna B Packet Pg. 13
1 RESOLUTION NO.
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
4 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
AMENDMENT TO THE AGREEMENT WITH MERCY HOUSE LIVING CENTERS
5 FOR PROGRAM OPERATIONS OF THE SAN BERNARDINO HOMELESS
ACCESS CENTER
6
7 WHEREAS, the Mayor and Common Council have previously approved the
8
development and operation of the "San Bernardino Homeless Access Center" to provide
9
10 supportive and assistive services to homeless residents of the City of San Bernardino; and
11 WHEREAS, upon the adoption of Resolutions #2014-382 and #2015-41, the Mayor
12 and Common Council have approved Mercy House Living Centers, a qualified provider of
13 supportive and assistive services for the homeless, to operate the "San Bernardino Homeless
14 Access Center" "Access Center" through June 30 2015 to be
( ) g paid from the City's
15
16 Emergency Solutions Grant (ESG) program as detailed in the City's 2014-2015 Housing and
17 Urban Development Department Action Plan; and
18 WHEREAS, the Mayor and Common approved the inclusion of$650,000 of funding
19 in the 2015-2016 Housing and Urban Development Department Action Plan and 2015-2016
20 Fiscal Year Budget to continue operating the Access Center through June 30,2016; and
21
22 WHEREAS, Mayor and Common Council approval is required to extend the
23 agreement between the City and Mercy House Living Centers through June 30, 2017 and
24 allocate funding thereto from the 2015-2016 and 2016-2017 Fiscal Year Budgets.
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1 NOW THEREFOR, BE IT RESOLVED BY THE MAYOR AND COMMON
2 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
3
4 SECTION 1. The City Manger is hereby authorized to execute a First Amendment to
5 the Agreement with Mercy House Living Centers of Santa Ana, California for the purpose of
6 operating the San Bernardino Homeless Access Center, attached hereto as Exhibit "A".
7 SECTION 2. That $250,000 of Community Development Block Grant (CDBG)
8
funding and $400,000 of Emergency Solutions Grant (ESG) funding is appropriated into the
9
10 2015-2016 Fiscal Year Budget for the Access Center and shall be paid from the following
11
accounts unless otherwise necessary and approved by the City Manager:
12 Account Amount Description
116-100-0014-5511 $30,000 City Administration-ESG
13 119-100-0014-5511 $20,000 City Administration-CDBG
14 116-100-0014-5505 $370,000 Access Center Operations-ESG
119-100-0014-5505 $230,000 Access Center Operations-CDBG
15
16 SECTION 3. That Mercy House Living Centers is hereby awarded $250,000 in
17 HUD-CDBG funds and $400,000 in HUD-ESG funds for the purpose of operating said
18
19 Access Center, commencing on July 1, 2015 and ending on June 30, 2017, and that funding
20 shall be paid from the account numbers referenced in Section 2 of this Resolution on a cost
21 reimbursement basis only.
22 SECTION 4. That the City owned property located at 247 West 7th Street (Butler
23 Building), San Bernardino, California shall be the temporary location of the San Bernardino
24
Homeless Access Center until a permanent location is determined.
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26 U/
27 1H
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2
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
2 AMENDMENT TO THE AGREEMENT WITH MERCY HOUSE LIVING CENTERS
FOR PROGRAM OPERATIONS OF THE SAN BERNARDINO HOMELESS
3 ACCESS CENTER
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5
6 and Common Council of the City of San Bernardino at a meeting
7 thereof, held on the day of , 2015, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
MARQUEZ
10
11 BARRIOS
12 VALDIVIA
13 SHORETT
14 NICKEL
15
JOHNSON
16
17 MULVIHILL
18
19 Georgeann Hanna, City Clerk
20 The foregoing resolution is hereby approved this day of , 2015.
21
22
23 R. Carey Davis, Mayor
24 City of San Bernardino
25 Approved as to form:
26 Gary Saenz, City Attorney
27 By:
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EXHIBIT "A"
FIRST AMENDMENT TO AGREEMENT FOR USE OF EMERGENCY
SOLUTIONS GRANT FUNDS BETWEEN THE CITY OF SAN BERNARDINO
AND MERCY HOUSE LIVING CENTERS
This First Amendment to an Agreement for Use of Emergency Solutions
Grant Funds with Mercy House Living Centers is entered into this _ day of
2015, by and between Mercy House Living Centers
("SUBRECIPIENT") and the City of San Bernardino ("CITY"or"San Bernardino').
WITNESSETH:
WHEREAS, On February 17, 2015 the City and Mercy House Living Centers
entered into an Agreement for Use of Emergency Solutions Grant Funds for a term
ending on June 30, 2015; and
WHEREAS, it is the desire of the parties to extend the term through June 30,
2017.
NOW, THEREFORE,the parties hereto agree as follows:
1. Section 1, Term is hereby amended to extend the term through June 30, 2017.
2. Section 2. Scope of Services is hereby amended to increase the amount by
$400,000 in ESG funds and $250,000 in CDBG funds for Fiscal Year 15/16.
3. All other terms and conditions of the Agreement shall remain in full force and
effect.
HI -'- ,n No.
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EXHIBIT "A"
FIRST AMENDMENT TO AGREEMENT FOR USE OF EMERGENCY
SOLUTIONS GRANT FUNDS BETWEEN THE CITY OF SAN BERNARDINO
AND MERCY HOUSE LIVING CENTERS
IN WITNESS THEREOF,the parties hereto have executed the Agreement on
the day and date first above written.
MERCY HOUSE LIVING CENTERS
Dated: , 2015 By:
Dated: , 2015 CITY OF SAN BERNARDINO
By:
Allen J. Parker, City Manager
Approved as to Form:
Gary D. Saenz, City Attorney
By.
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Emergency Solutions Grant(ESG) Program
Subrecipient Agreement Q
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AGREEM NT FOR USE OF EMERGENCY ERGENCY SOLUTIONS GRANT FUNDS
THIS AGREEMENT, entered in this by and between the CITY OF SAN
BERNARDINO, (hereinafter referred to as the "CITY") and _Mercy House Living
Centers, a California non-profit corporation, (hereinafter referred to as the
"SUBRECIPIENT");
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WITNESSETH
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WHEREAS, pursuant to Subtitle "B" of the Stewart B. McKinney Homeless y
Assistance Act of 1987 (Public Law 100-77), (hereinafter referred to as the "Act'), the �
CITY has been awarded Emergency Solutions Grant Program ("ESGP") funds which y
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 a
operating emergency shelters and of providing certain essential social services to
homeless individuals; and N
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WHEREAS, the CITY desires to contract with non-profit corporations for the use N
of ESGP funds to provide various services for homeless Individuals; and -0
WHEREAS, the SUBRECIPIENT as a non-profit corporation, Is eligible under the a
Act to receive ESGP funds to provide those services as described herein; ti
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NOW, THEREFORE, the parties hereto do mutually agree as follows:
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i Term.
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The term of this Agreement shall be for a period commencing on or after its
execution date, and terminating on June 30, 2015, or as otherwise provided for In 0
Section 5 herein. ;
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2. Scope of Services.
The SUBRECIPIENT promises and agrees to provide certain emergency solution
grant program services for homeless persons by utilizing the sum of Two- o
Hundred Thousand Dollars ($200,000) In ESGP funds to provide various N
services to homeless families and individuals complying with the requirements of
this Agreement for eligible families and individuals as set forth below In this E
Section 2, and the SUBRECIPIENT shall complete the Insertion of the requisite
information In the form titled "Monthly Accomplishment Report" the form of which a
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
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services essential for achieving independent living, and; (ii) other federal, state,
local and private assistance provided hereunder shall be in full conformity with
the Act, and any amendments thereto, and the federal regulations and guidelines
now, or hereinafter enacted pursuant to the Act.
The SUBRECIPEINT shall comply and perform according to Exhibit "B" which is
attached In this subrecipient agreement. All ESGP monies should be spent
according to Exhibit "B", any budget amendments or changes to the scope of U
services shall be approved by the City Manager.
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3. Matching Funds.
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The SUBRECIPIENT must supplement its emergency solutions grant amounts L
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 o
gifts in kind provided to the SUBRECIPIENT, as appropriate.
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4. Calculating the Matching Amount.
The SUBRECIPIENT, as a specialist In the field, shall provide a variety of a
consultating services related to development and management of the Homeless L
Access Center and eventual programming of the site through the duration of this M
contract and any amendments as "voluntary efforts" or"gifts in kind"to satisfy the
match requirement. i
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6. Termination.
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(a) Either party may terminate this Agreement upon thirty (30) days prior o
written notice to the other party, _
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(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) N
In the event the SUBRECIPIENT fails to perform the covenants herein o
contained; (ii) in the event there is a conflict with any federal, state or local N
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 E
United States Department of Housing and Urban Development (HUD), U
referred to in the recitals herein, is reduced, terminated or otherwise a
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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5.B.c
(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 U
any obligations after the effective date of such termination.
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(e) Any provisions for Inspection and audits relative to the expenditure of Y
funds provided for hereunder shall not be ended upon the date of any
termination but shall continue thereafter as specified herein. v
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(f) SUBRECIPIENT will be required to cooperate and work In collaboration
with City departments, to include but not limited to: Police Department,
Fire Department and Code Compliance and the Office of the City Manager o
in an effort to promote the well-being of citizens and aid in reduction of
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crime, blight and unsafe living conditions. From time to time, N
SUBRECIPIENT may be required to attend meetings to be held at the
City. Failure to cooperate may result in the termination of this Agreement
in accordance with Section 5. Termination. of this Agreement. a
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6. Payment of Funds. M
The Mayor and Common Council of the CITY shall determine the final disposition L
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 ci
information submitted in the form titled "Monthly Accomplishment Report" as N
attached hereto as Exhibit"A" and the City shall monitor the expenditure of funds 0
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.
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All disbursements of ESGP funds by the City will be made in the following
manner: N
(a) Payments shall be made on a reimbursement basis and made within thirty L
(30) days after the SUBRECIPIENT has submitted written notice U
identifying payments made and requesting reimbursement. Payments a
shall be based on documented expenses by the SUBRECIPIENT, in the
form of Exhibit "B", titled "Budget Breakdown", and Exhibit "A" titled
"Request for Reimbursement," approved by the Administrator, or his/her
designee, upon each submittal, which form when completed shall include
all the Information required therein as a condition precedent for the
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5.B.c
commitment of the City to remit the reimbursements to the
SUBRECIPIENT of the ESGP funds. The City shall reimburse on a
monthly basis. All Requests for Reimbursement shall be submitted on a
monthly basis in accordance with HUD regulations "Audit Ready" by the
51h of every month beginning in August.
(b) In no event shall the CITY, or any of its officers, agents or employees, be
held liable for expenses incurred by the SUBRECIPIENT In excess of the
ESGP allocation noted In Section 2, entitled "Scope of Services." o
(c) Payments may be withheld if, on a determination by the Administrator, the
SUBRECIPIENT has not complied with the covenants herein contained at c
such times, and In such manner as provided in this Agreement. U
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(d) No later than thirty (34) days prior to the date set forth herein for a
termination of this Agreement, the SUBRECIPIENT shall provide the CITY
with its estimate of the amount of funds which will remain unexpended N
upon such termination. LO
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Notwithstanding any provisions contained in this Section 6, the City, through its
Administrator, shall thereafter, upon reasonable notice provide to the 3
SUBRECIPIENT, have the right to (i) reduce the payment of funds hereunder, (ii) a
renegotiate the actual levels of expenditures in the event the SUBRECIPiENT's ti
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. L
7. Documentation, Reports, Inspections and Performance Evaluations. U
(a) Documentation of Expenditures. All expenditures supported by properly z
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 to
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 o
occurred within six (6) months prior to date of termination, and for a period N
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. a
(b) Reports. The SUBRECIPIENT, at such times and on such forms as the
City may require, shall furnish the City such statements, records, reports,
data and information as the City may request pertaining to its performance
of services hereunder and other matters covered by this Agreement. The
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SUBRECIPIENT shall establish and maintain records In accordance with
the Office of Management and Budget (OMB) Circulars Numbered A-110
and A-112, respectively, as applicable to the acceptance and use of
emergency solutions grant funds.
(c) lggfections. 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 0
Number A-110, as applicable, and as they relate to the acceptance and
use of federal funds under this Agreement.
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(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 o
not be limited to, audits, inventory, Inspections within the program area,
and interviews with the SUBRECIPIENT's employees, agents, N
independent contractors and subcontractors, providing the services under
this Agreement and recipients thereof.
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(e) This Agreement contemplates that the SUBRECIPIENT will pay salaries,
utilities and furnishings with the monies that will be remitted to the M
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. U
8. Building or Facility.
(a) The location of the "San Bernardino Access Center" Is 247 East 7th
Street, San Bernardino, CA, 92419, also known as "The Butler 2
Building." Any building for which emergency solutions grant funds are
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used for renovation, conversion, or major rehabilitation, must meet local N
safety and sanitation standards.
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(b) When ESGP funds are utilized to provide emergency shelter for the d
homeless in hotels or motels or other commercial facilities providing E
transient housing, (€) the SUBRECIPIENT, at the request of the CITY, U
shall execute an Agreement with the provider of such housing which a
provides that comparable living space, In terms of quality, available In the
facility for use as emergency shelters for at least the same period of time
as provided in Section 9 herein, and; (ii) leases negotiated between the
SUBRECIPIENT and the provider of such housing shall make available
such living space at substantially less than the daily room rate otherwise
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5.B.c
charged by the facility and; (iii) the SUBRECIPIENT shall certify, in writing,
to CITY that it has considered using other facilities as emergency shelter
for the homeless In the City.
(c) The SUBRECIPIENT shall ensure that any building or facility Is utilized
exclusively for secular purposes and is made available to all persons
regardless of religion. If ESGP funds are used to renovate, rehabilitate, or
convert buildings owned by primarily religious organization or entities, the
SUBRECIPIENT shall comply with the provisions of Title 24, Code of s
Federal Regulations, Part 575.21(b)(2). v
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(d) The SUBRECIPIENT shall comply with the Uniform Federal Accessibility
Standards (24 CFR, Part 40, Appendix "A"), when activities funded by the U
ESGP involve major rehabilitation or conversion.
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g, Maintenance as a Homeless Facility. a
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(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 N
(10} year period if the grant amounts are used for major rehabilitation or
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conversion of the building.
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(b) The three (3) or ten (10) year periods begin to run, (i) on the date of initial LO
occupancy as an emergency shelter for the homeless when the building M
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 L
obligated to the shelter when the building was operated as an emergency o
shelter before receiving ESGP funds, or; (ii) on the date that ESGP funds U
are first obligated to shelter when the building was operated as an y
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 o
furnishings, the time periods noted in (a) above are not applicable. N
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10. Independent Capacity. N
The SUBRECIPIENT, and its officers, employees and agents, shall act In an E
Independent capacity during the term of this Agreement and shall not act as, L>
shall not be, nor shall they in any manner be construed to be officers, employees, a
or agents of the CITY or the State of California.
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5.B.c
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, i
its rights, duties and obligations hereunder. i
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12. insurance.
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The SUBRECIPIENT shall during the term of this Agreement: v
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(a) Procure and maintain Workers' Compensation Insurance as prescribed by
the laws of the State of California.
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(b) Procure and maintain comprehensive general and automobile (owned, Q
non-owned and hired vehicles) liability insurance as shall protect the
SUBRECIPIENT from claims for damages for personal injury, including N
accidental and wrongful death, as well as from claims for property LO
damage, which may arise from activities or programs under this N
Agreement, whether such activities or programs by the SUBRECIPIENT,
by any subcontractor or by any officer, employee or agent of either of 3
them. a
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Such insurance shall name the CITY its officers, officials, attorneys, M
agents, employees, volunteers and independent contractors as additional
insureds with respect to this Agreement and the obligations of the L
SUBRECIPIENT hereunder. Such insurance shall provide for combined o
coverage limits of not less than $1,000,000 per occurrence.
(c) Furnish the CITY with policies of insurance attached hereto as Exhibit "D",
and by this reference, Incorporated herein showing that such Insurance is
in full force and effect, and that the CITY its officers, officials, attorneys,
agents, employees and volunteers are named as additional insureds with
respect to this Agreement and the obligations of the SUBRECIPIENT o
hereunder. Further, said policies shall contain the covenant of the N
insurance carrier that thirty (30) days written notice will be given to the
CITY prior to modification, cancellation, or reduction in coverage of such
insurance, Acceptable proofs of insurance Includes: ACCORD Certificate
of Insurance listing all coverage, limits, deductibles and insurers; E
and blanket endorsements for all applicable coverage if agent has
authority to Issue It; or Binders of insurance for all coverage. Agents a
must confirm that policy endorsements have been ordered from the
respective Insurance companies. Upon Issuance, policy
endorsements and a corresponding Certificate of Insurance listing
all insurers and coverage must be submitted to the City (insurance
0 binders are only valid for 30 days and may need to be reissued if the
8
Packet Pg. 26
5.B.c
olio endorsements are still pending. Binders may be Issued for a
policy p g Y
maximum of three, thirty(30) day periods).
13. Hold Harmless.
The SUBRECIPIENT shall indemnify and hold the CITY its officers, officials,
attorneys, agents, employees, volunteers and independent contractors free and
harmless from any liability whatsoever, Including wrongful death, based or o
asserted upon any act or omission of the SUBRECIPIENT, its officers, agents,
employees and independent contractors In any legal action based upon such Y
alleged acts or omissions. The specific insurance coverage required in Section
12 shall In no way limit or circumscribe the SUBRECIPIENT'S obligation to y
Indemnify and hold the CITY harmless as set forth In this Section 13.
U
14. Federal Requirement, a
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(a) The SUBRECIPIENT shall comply with the provisions of the Act, and any
amendments thereto, and the federal regulations and guidelines now or N
hereinafter enacted pursuant to the Act. More particularly, the
SUBRECIPIENT is to comply with those regulations found in Part 575 of
Title 24 of the Code of Federal Regulations and OMB Circulars Numbered Q
A-110 and A-112, respectively, and appropriate attachments for non-profit ti
organization contractors. M
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(b) The SUBRECIPIENT represents that it Is, or may be, a religious or L
denominational institution or organization or an organization operated for o
religious purposes which is supervised or controlled by, or in connection
with, a religious or denominational institution or organization.
0
(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 o
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 o
preference to persons on the basis of religion; (€I€) it will provide no N
religious Instruction or counseling, conduct no religious workshop or
services, engage In no religious proselytizing and exert no other religious E
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 a
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
9
Packet Pg. 27
5.B.c
a structure used exclusiv e ly 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 L
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)),
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(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. N
The SUBRECIPIENT shall comply with all federal, state and local laws and N
regulations pertinent to its operation and services to be performed hereunder, -0
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 a
applicable to wages and hours of employment, occupational safety and to fire LO
safety, health and sanitation. M
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16. Comprehensive Homeless Assistance Plan.
0
The SUBRECIPIENT shall cooperate with the CITY in undertaking emergency U
solutions grant activities and shall assist the CITY in carrying out the
Comprehensive Homeless Assistance Plan and any other applicable strategies 0
implemented by the CITY and shall act in conformity therewith.
L
17. Non-Discrimination and Equal Opportunity Compliance.
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The SUBRECIPIENT hereby certifies compliance with the following:
0
(a) Executive Order Number 11246, as amended, and the regulations issued
thereunder at Title 41, Code of Federal Regulations, Chapter 60;
E
(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, a
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);
10
Packet Pg. 28
4
Number 11063 and implementing(d) Executive Order regulations issued P
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; v
(g) Executive Orders Numbered 11625, 12432 and 12138 consistent with
HUD`s responsibilities under these Orders, the SUBRECIPIENT must °
U
make efforts to encourage the use of minority and women owned business
enterprises In connection with ESGP activities;
U
(h) The SUBRECIPIENT shall establish and maintain a procedure through
which homeless individuals will be informed of the facilities and services a
available to all on a nondiscriminatory basis,
0
(I) SUBRECIPIENT agrees to abide by, and include in any subcontracts to
LO
perform work under this Agreement, the following clause: N
"During the performance of this Agreement, the SUBRECIPIENT and Its
subcontractors shall not unlawfully discriminate against any employee or a
application for employment because of race, religion, color, national origin, ti
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 L
employment are free of such discrimination. o
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The SUBRECIPIENT and subcontractors shall comply with the provisions N
of the Fair Employment and Housing Act (Government Code, Section s
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 o
and made a part hereof as if fully set forth at length. N
The SUBRECIPIENT and its subcontractors shall give written notice of N
their obligations under this clause to labor organizations with which they
have collective bargaining or other agreement." s
{�) The equal opportunity clause continued in Section 202 of Executive Order a
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
lI
Packet Pg. 29
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 w
provisions of the equal opportunity clause in all subcontracts, if any. U
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18. Affirmative Action Compliance. v
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Each SUBRECIPIENT or subcontractor with less than fifty (50) employees shall
comply with Section 202, Part 11, of Executive Order Number 11246, as y
amended. The SUBRECIPIENT shall ensure that subcontractors, If any, failing
within the scope of this provision shall comply in full with the requirements a
thereof
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19, Conflict of Interest.
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No person who is (I) an employee, ardent, consultant, officer, or elected or 2
appointed official of the CITY, state or the SUBRECIPIENT that receives ESGP
funds and who exercises or has exercised any functions or responsibilities with a
respect to assisted activities, or; (Ii) in a position to participate in a decision ti
making process or gain inside information with regard to such activities, may M
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 o
has family or business ties, during his or her tenure or for one (1) year thereafter. U
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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 o
during any period of debarment, suspension, or placement in ineligibility status
under the provision of 24 CFR, Part 4.
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21. Lead Based Paint. _
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The SUBRECIPIENT and all subcontractors, if any, shall comply with the
requirements, as applicable, of the Lead-Base Paint Poisoning Prevention Act a
(42 U.S.C., Section 4821-4846) and implementing regulations issued pursuant
thereto (24 CFR, Part 35).
12
Packet Pg. 30
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.). U
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23. Notice. Q
Any notices required or desired to be served by either party upon the other shall o
be addressed to respective parties as set forth below(or to such other addresses
LO
as from time to time may be designated, In writing, by the respective parties): N
AS TO CITY: AS TO SUBRECIPIENT:
Allen J. Parker Patti Long a
Office of the City Manager Mercy House LO
340 North D Street, 6 th Floor 807 N. Garfield Street M
San Bernardino, CA 92401 Santa Ana, CA 92702
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24. Binding Successors. o
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The SUBRECIPIENT, its heirs, assigns and successors in interest shall be bound N
by all the provisions contained in this Agreement, and all of the parties thereto
shall be jointly and severally liable hereunder.
L
25. Assurances.
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The SUBRECIPIENT certifies that it has the legal authority to enter into and meet N
the requirements of this Agreement.
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26. Legal Proceedings.
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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 a
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.
13
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27, Entire Agreement.
This Agreement is intended by the parties hereto as the final and exclusive
expression of these provisions contained in this Agreement and it supersedes
and replaces any and all prior and contemporaneous agreements and
understandings, oral or written, in connection therewith. This Agreement may be
modified or changed only upon the written consent of the parties hereto
L
28. No Third Party Beneficiaries. o
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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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5.B.c
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ESG SUBRECIPIENT AGREEMENT
between
THE CITY OF SAN BERNARDINO
and
Mercy House
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IN WITNESS WHEREOF, the parties hereto have hereunto their hands and seals this U
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day and year first above written.
CITY OF SAN BERNARDINO Mercy House, U
a California non-profit corporation
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Allen J. Parker, City Manager Executive Director _0
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City of San Bernardino
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City Clerk y
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Approved as to form:
Gary Saenz, City Attorney o
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By:
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EXHIBIT A
"REIMBURSEMENT FORM"
CITY OF SAN BERNARDINO
EMERGENCY SOLUTIONS GRANT
REQUEST FOR REIMBURSEMENT R
PROGRAM YEAR 2014-2015 0
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Subrecipient Name:
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Address:
City: State: Zip Code: N
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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 Q
MONTH DESIGNED ABOVE IN ACCORDANCE WITH THE AGREEMENT ti
IDENTIFIED HEREIN. EVIDENCE OF ALL PAYMENTS (BILLS AND/OR RECEIPTS M
AND CHECK COPIES) FOR EACH OF THE EXPENDITURES LISTED IS ATTACHED
HERETO.
_
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AMOUNT REQUESTED:
MONTH OF: , 20_
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Authorized Signature: Date:
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Print Name: Title:
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Name of Contact Person should there be any questions regarding this Reimbursement: "!
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Name: Phone Number: ( )^- E
E-Mail Address:
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Office Use Only Reviewed/Approved by: Date:
16
Packet Pg. 34
.......... .... .. . .
ESG MONTHLY BUDGET BREAKDOWN
MONTH: PROGRAM YEAR: 2014-2015
SUBRECIPIENT NAME:
APPROVED GRANT $
AMOUNT;
Budgeted REQUEST Balance
Amount by Funding Source Current
Amount Month Year to Date Available
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Payee title (Do Not Use U
Names 2
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SALARY SUB-TOTA LS.
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6. FICA/SUI - ix
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7. Life/Health/DentalFj�{0
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Insurance
8. Other(explain &
document) x' £�
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BENEFIT SUB-TOTALS. Q.fl� t $ ,0 0 . Ot(30 bit=" o
11. Accounting/BookkeepinMIN
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12. Rent9 -,= �o
13. Utilities N
14. Insurance _,
15. Office Supplies _0 y _
01-11-0 : �y
16. Travel
17. Consumable Supplies
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18.
Other _
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OTHER SUB-TOTALS $<=0* y� $� 1ab F: :., � ,t?tttf� fa a
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MONTHLY GRAND TOTALS �fiy30
PLEASE ATTACH SUPPORTING INVOICES AND DOCUMENTATION.
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5.B.c
CITY OF SAN BERNARDINO
EMERGENCY SOLUTIONS GRANT
MONTHLY ACCOMPLISHMENT REPORT FOR THE
MONTH: 2014/2015
SUBRECIPIENT INFORMATION
Name: U
Address:
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Name of Program Activity:
Actual Program Goal Met:
Program Goal for the Year: This Month:
Program Goal for the Month: Year to Date:
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NUMBER OF BENEFICIARIES SERVED THIS MONTH
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Number of Individuals Benefited this Month: LO
Number of Female Head of Households: N
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Of the Number of Individuals Benefited, How many were New Applicants: 3
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Number of Individuals Benefited Year to Date Totals. Current and New Columns, when ti
added together, should equal total Number of Individuals Benefited this Month: M
Curre Curren Curren Curren
t New t New t New t New
July Oct Ja Apr o
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Aug _ No r Fe Ma _ N
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Sep De Ma Jun �.
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INCOME LEVELS
0
Extremely Low Income (30%AMI) Above 80%AMI
Very Low Income (50%AMI) _
Low Income (80%AMI)
TOTAL
HOUSEHOL 30% 50% 80%
0 SIZE MEDIAN INCOME MEDIAN INCOME MEDIAN INCOME
Extremely Low Very Low LOW
14
Packet Pg. 37
1 $13,800 $22,750 $36,700
2 -- -- $15,750 $26,200 $41,950
3 $17,700 $29,500 $47,200 _
4 $19,650 $32,750 $52,400
6 -- --$21,250 $35,400 $56,600
6 $22,800 $38,000 $60,800
7 $24,400 $40,650 $65,000
8 $25,950 1 $43,250 $69,200 2
CITY OF SAN BERNARDINO
EMERGENCY SOLUTIONS GRANT c°v
MONTHLY ACCOMPLISHMENT REPORT FOR THE
MONTH: 2014-2015
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Subrecipient Name: CD
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ETHNICITY
0
N
Applicants r
Non-
Cumulative
Duplicated E
White:
Black/African American: a
Asian:
American Indian/Alaskan Native: M
Native Hawaiian/Other Pacific Islander:
American Indian/Alaska Native &White:
Asian &White:
0
Black or African American &White:
American Indian/Alaska Native & Black or African American:
Hispanic =
Other Multi-Racial:
TOTALS: d
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SERVICE HOURS
0
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Of the number of individuals served this month, attended hours of service,
for a total of service hours this month. E
Example: Of the number of individuals served this month, 92 attended 30 hours of
service, fora total of 360 service hours this month. Q
Year to Date Service Hours:
July October January Aril
August November February Ma
20
Packet Pg. 38
l (
September -Decemb-e-r-F March I June
Total service hours provided to date are:
Of the individuals who have participated in your program, how many:
Now have new access to this service or benefit
Now have improved access to this service or benefit
Now receive a service or benefit that Is no longer substandard Y
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EXHIBIT B
"Budget Breakdown"
Access Center
Admin Salaries/Professional Services' Bud e#forSiir Miriths;:
Executive Director $2,500.00
Operations Director $2,500.00
HR $2,500.00
Admin/Data $2,500.00
Bookkee er $2,500.00
Volunteer coordination $1,250.00
N
Professional Fees $1,250.00 d
f .Safeties/Professional:Services .
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Operation -Pro ram Salaries' Bud et for-Six Months N
Pro ram Director $20,000.00 20 hours a week LO
Pro ram Manager $24,000.00 FT N
ES Program Coordinator $20,000.00 FT
ES Program Coordinator $10,400.00 25 hours a week 3
Pro'- ramSala Totals :.. =: $74;400:00`:::: ..LO
Operation and Pro `ram Expenses
Rent Assumes none
Utilities $1,500.00
Computer $2,500.00 0
Insurance $500.00
Office supplies $500.00
Phones $1,000.00 =
HMIS $750.00
E ui tment Leasing $250.00
Security/Maintenance -
Security Guard $26,000.00 N
Maintenance Supplies $300.00
Security System $300.00 N
Client Services&Su pplies
Supplies $1,500.00
Services
2000 Bus Ticket provided for a
Transportation Assistance $8,000,00 appoint ent
Food Voucher $10,000,00 1000 Food Vouchers valued at$10
Special Needs $7,500.00 Shoes, uniform, tools, RX ID, etc.
Motel AssistanceNouchers $10,000.00 200 bed nights $50 per night
HPP/RR 1 $40,000.00 Approximately 15 households
22
Packet
fl eration and-pro ram.Expenses
;
10 600:60.-
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TOTAL OUTFLOWS '. . $200,000.00
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