HomeMy WebLinkAbout1992-347
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RESOLUTION NUMBER 92-347
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN EMERGENCY SHELTER
GRANT FIllIDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE FRAZEE
COMMlJlllITY CENTER.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO.
Section 1.
a)
The Mayor of the City of San Bernardino is hereby authorized
and directed to execute on behalf of the City an agreement for FY 1992/1993
Emergency Shelter Program Grant funding with the Frazee Community Center,
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 of $25.000.00.
Section 2.
a)
The authorization to execute the above referenced agreement is
15 rescinded if the parties to the agreement fail to execute it within sixty (60)
16 days of the passage of this resolution.
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18 I I I I
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08/12/92
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN EMERGENCY
SHELTER PROGRAM GRANT FlllIDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND THE FRAZEE COMMUNITY CENTER.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a
regular
meeting thereof, held on the
17th
day of
An9nc:t-
, 1992,
6 by the following vote, to wit:
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9 COMMISSION MEMBERS: AYES NAYS ABSTAIN ABSENT
10 ESTRADA x
REILLY X
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HERNANDEZ x
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MAUDSLEY x
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MINOR x
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POPE-LUDLAM x
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MILLER x
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(Approved per Cty of S Bdno Res 92-347 adopted 8/17/92)
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AGREEMENT FOR USE OF EMERGENCY SHELTER GRANT FUllDS
THIS AGREEMENT, entered in this M day of CLu'rt ,1992, by and
between the CITY OF SAN BERNARDINO, (hereinafter referred to as "CITY") and
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THE FRAZEE COMMUNITY CENTER, a California non-profit corporation,
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(hereinafter referred to as ("SUBRECIPIENT");
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HI:r!L!LS.~;t;:rD
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WHEREAS, pursuant to Subtitle "B" of the Stewart B. McKinney Homeless
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Assistance Act of 1987 (Public Law 100-77), (hereinafter referred to as the
10 "Act"), CITY
11 which are to
12 the homeless,
13 help meet the
has been awarded Emergency Shelter Grant Program ("ESGP") funds
be used to improve the quality of existing emergency shelters for
to help make available additional emergency shelters, and to
costs of operating emergency shelters and of providing certain
14 essential social services to homeless individuals, and;
15 WHEREAS, CITY is authorized to contract with non-profit corporations for
16 the use of ESGP funds to provide various services for homeless individuals,
17 and;
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WHEREAS, SUBRECIPIENT as a non-profit corporation, is eligible under
19 the "Act" to receive ESGP funds to provide those services as described herein.
20 NOW, THEREFORE, the parties hereto do mutually agree as follows:
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1.
Term.
22 The term of this Agreement shall be for a period commencing on
23 July 1, 1992, and terminating on June 30, 1993, or as otherwise as provided
24 for in Paragraph 5 herein.
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2.
Scope of Services.
26 SUBRECIPIENT promises and agrees to provide certain emergency
27 shelter grant program services for homeless persons by utilizing the sum of
28 $25,000.00 in ESGP funds, as set forth in the manner provided in Exhibit "A"
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08/12/92
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which is attached hereto, and by this reference, incorporated herein.
2 SUBREGIPIENT shall also provide homless individuals with assistance in
3 obtaining (i) appropriate supportive services, including permanent housing,
4 physical health treatment, mental health treatment, counseling, supervision,
5 and other services essential for achieving independent living, and; (ii) other
6 federal, state, local and private assistance provided hereunder shall be in
7 full conformity with the "Act", and any amendments thereto, and the federal
8 regulations and guidelines now, or hereinafter enacted pursuant to the "Act".
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3.
KatchiIUl: Funds.
10 SUBREGIPIENT must supplement its emergency shelter grant amounts
11 with an equal amount of funds from sources other than those provided herein.
12 These funds must be provided after the date of the grant award to the
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SUBREGIPIENT.
SUBREGIPIENT may comply with this requirement by providing the
14 supplemental funds itself, or through supplemental funds or voluntary efforts
15 or gifts in kind provided to SUBREGIPIENT, as appropriate.
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4.
GalculatiIUl: the KatchiIUl: Amount.
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In calculating the amount of supplemental funds, there may be
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included the value of any donated material or building(s), the value of the
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lease(s) on the building(s); any salary paid to staff of the SUBREGIPIENT, or
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to any State or non-profit recipient, as appropriate, in carrying out the
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emergency shelter grant program; and the time and services contributed by
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volunteers to carry out the emergency shelter grant program determined at the
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rate of $5.00 per hour.
For purposes of this Paragraph 4, the SUBREGIPIENT,
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upon written concurrence of the Executive Director of the Development
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Department ("Director"), will determine the value of any donated material or
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building(s), or any lease(s), or furnishings and equipment using any method
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reasonably calculated to establish a fair market value.
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08/12/92
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5.
Termination.
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(a) Either party may terminate this Agreement upon thirty (30)
3 days prior written notice to the other party.
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(b) Notwithstanding the provisions of Paragraph 5(a), CITY may
5 suspend or terminate this Agreement forthwith for cause, upon written notice
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6 to SUBRECIPIENT of the action being taken. Cause shall be established, (i) in
7 the event SUBRECIPIENT fails to perform the covenants herein contained; (ii)
8 in the event there is a conflict with any federal, state or local law,
9 ordinance, regulation or rule rendering any of the provisions of this
10 Agreement invalid or untenable, or; (iii) in the event the funding from the
11 United States Department of Housing and Urban Development (HUD) , referred to
12 in the recitals herein, is reduced, terminated or otherwise becomes
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unavailable.
CITY shall provide written notice to SUBRECIPIENT within ten
14 (10) working days from the date HUD reduces, suspends or terminates the ESGP
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funding.
This Agreement may, at the discretion of the Executive Director of
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the Development Department, be either terminated or amended to reflect said
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reduction of funds.
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(c) Upon termination of this Agreement, SUBRECIPIENT agrees to
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return any unencumbered funds which it has been provided by CITY.
In
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accepting said funds, CITY does not waive any claim or cause of action it may
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have against SUBRECIPIENT for breach of this Agreement.
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(d) Upon termination of this Agreement, SUBRECIPIENT shall not
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incur any obligations after the effective date of such termination.
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(e) Any provisions for inspection and audits relative to the
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expenditure of funds provided for hereunder shall not be ended upon the date
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of any termination but shall continue thereafter as specified herein.
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6.
Payment of Funds.
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The Mayor and Common Council of the CITY shall determine the final
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08/12/92
disposition and distribution of all funds received by CITY under the "Act".
2 CITY, through its Development Department, shall make payments of ESGP funds to
3 SUBRECIPIENT for the purposes set forth in Exhibit "A" and shall monitor the
4 expenditure of funds and activities of SUBRECIPIENT to ensure compliance with
5 applicable federal regulations and the terms of this Agreement. SUBRECIPIENT
6 shall establish and maintain a separate account for all ESGP funds received
7 under this Agreement and deposit all such funds in said account.
8 All disbursements of grant funds by the Development Department will
9 be made in the following manner:
10 (a) Payments shall be made on a reimbursement basis and made within
11 thirty (30) days after the SUBRECIPIENT has submitted written notice
12 identifying payments made and requesting reimbursement. Payments shall be
based on documented expenses by SUBRECIPIENT, approved by the Executive
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Director of the Development Department, or designee.
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(b) One (1) advance payment may be granted to SUBRECIPIENT in such
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amount and at such time as determined by the Executive Director of the
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Development, Department, not to exceed $5,000.00, whenever, whenever he/she
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finds that a need for same is properly documented and otherwise consistent
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with the purposes of the grant.
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(c)In no event shall CITY, or any of its officers, agents or
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employees, be held liable for expenses incurred by SUBRECIPIENT In excess of
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the ESGP allocation noted in Paragraph 2, entitled "Scone of Services".
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(d) Payments may be withheld if, on a determination by the
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Director of the Development Department, SUBRECIPIENT has not complied with the
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covenants herein contained at such times, and in such manner as provided in
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this Agreement.
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(e) No later than thirty (30) days prior to the date set forth
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herein for
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08/12/92
termination of this Agreement, SUBRECIPIENT shall provide CDD with
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its estimate of the amount of funds which will remain unexpended upon such
2 termination.
3 Notwithstanding any provisions contained in this Paragraph 6, CITY,
4 through its Executive Director of the Development Department, shall
5 thereafter, upon reasonable notice provide to SUBRECIPIENT, have the right to
6 (i) reduce the payment of funds hereunder, (ii) renegotiate the actual levels
7 of expenditures in the event SUBRECIPIENT'S rate of expenditures will result
8 in unexpended funds at the expiration of this Agreement, and/or; (iii)
9 re-program funds associated with a project in which the Executive Director of
10 the Development Department finds there has been no substantial progress or
11 activity.
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7.
Documentation. ReDorts. InsDections and Performance Evaluations.
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(a) Documentation of EXDenditures. All expenditures supported by
14 properly executed payrolls, time records, invoices, contracts, vouchers,
15 receipts, orders and any other accounting documentation pertaining, in whole
16 or in part, to this Agreement, shall be clearly identified and readily
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accessible.
SUBRECIPIENT shall maintain and keep available all such documents
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for a period of not less than three (3) years from the termination of this
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Agreement, if a CITY, state and/or federal audit has occurred within six (6)
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months prior to date of termination, and for a period of not less than five
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(5) years from said date if such audit has not occurred. In the event of
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audit exception, such documentation shall be maintained until every exception
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has been cleared to the satisfaction of the auditing authority.
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(b) Reoorts. SUBRECIPIENT, at such times and on such forms as
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CITY may require, shall furnish CITY such statements, records, reports, data
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and information as CITY may request pertaining to its performance of services
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hereunder and other matters covered by this Agreement.
SUBRECIPIENT shall
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establish
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08/12/92
and maintain records in accordance with the Office of Management and
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1 Budget (OMB Circulars Numbered A-110 and A-112, respectively, as applicable to
2 the acceptance and use of emergency shelter grants.
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(c) Inspections. SUBRECIPIENT shall make available to CITY, state
4 and/or federal officials its records and data with respect to all matters
5 covered by this Agreement for inspection and audit, which inspection and audit
6 may be made at any time after reasonable notice. SUBRECIPIENT shall comply
7 with the audit requirements of OMB Circular Number A-llO, as applicable, and
8 as they relate to the acceptance and use of federal funds under this Agreement.
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(d) Performance Evaluations. SUBRECIPIENT shall permit CITY,
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state and/or federal officials to monitor, assess or evaluate SUBRECIPIENT'S
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performance under this Agreement on at least a monthly basis, said monitoring,
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assessment or evaluation to include, but not be limited to, audits, inventory,
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inspections within the program area, and interviews with SUBRECIPIENT'S
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employees, agents, independent contractors and subcontractors, providing the
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services under this Agreement and recipients thereof.
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(e) This Agreement contemplates that the SUBRECIPIENT will pay
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salaries, utilities and furnishings with the monies provided in accordance
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with Exhibit "A" and Section 2 of this Agreement.
SUBRECIPIENT has identified
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two (2) positions which salaries are to be paid in part with ESGP funds under
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this Agreement, and are identified herein as:
(i) Maintenance/Janitorial,
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and; (ii) Facility Cook.
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8.
Buildina or Facilitv.
(a) Any building for which emergency shelter grant amounts are used
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for renovation, conversion, or major rehabilitation, must meet local safety
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and sanitation standards.
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(b) When ESGP funds are utilized to provide emergency shelter for
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the homeless in hotels or motels or other commercial facilities providing
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transient
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08/12/92
housing, (i) SUBRECIPIENT, at the request of CITY, shall execute an
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Agreement with the provider of such housing which provides that comparable
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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
Paragraph 9 herein, and; (ii) 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; (iii) SUBRECIPIENT shall certify, in writing, to City that it has
considered using other facilities as emergency shelter for the homeless in the
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CITY.
(c) SUBRECIPIENT shall ensure that any building or facility is
utilized exclusively for secular purposes and is made available to all person
regardless of religion.
If ESGP funds are used to renovate, rehabilitate, or
convert buildings owned by primarily religious organization or entities,
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SUBRECIPIENTS shall comply with the provisions of Title 24, Code of Federal
Regulations, Part 575.2l(b)(2).
(d) SUBRECIPIENT shall comply with the Uniform Federal
Accessibility Standards (24 CFR, Part 40, Appendix "A"), when activities
funded by the ESGP involve major rehabilitation or conversion.
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9.
Maintenance as a Homeless Facilitv.
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(a) SUBRECIPIENT shall maintain any building for which ESGP funds
are used for not less than three (3) year period, or for not less than a ten
(10) year period if the grant amounts are used for major rehabilitation or
conversion of the building.
(b) The three (3) or ten (10) year periods begin to run, (i) on
the date of initial occupancy as an emergency shelter for the homeless when
the building utilized was not operated as an emergency shelter for the
homeless before receiving ESGP funds, or; (ii) on the date that ESGP funds are
first obligated
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08/12/92
to the shelter when the building was operated as an emergency
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shelter before receiving ESGP funds, or; (ii) on the date that ESGP funds are
21 first obligated to shelter when the building was operated as an emergency
3 shelter before receiving ESGP funds.
(c) When ESGP funds are used exclusively to provide essential
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5 services including, but not limited to, services concerned with employment,
6 physical or mental health, substance abuse, education, food, equipment or
7 furnishings, the time periods noted above are not applicable.
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10. Independent Capacity.
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SUBRECIPIENT, and its officers, employees and agents, shall act in
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an independent capacity during the term of this Agreement and shall not act
11 as, shall not be, nor shall they in any manner be construed to be officers,
12 employees, or agents of the CITY or the State of California.
13 11. Assbnability.
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SUBRECIPIENT cannot assign any of its rights, duties or obligations
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pursuant to this Agreement to any person or entity without the prior written
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consent of CITY.
This includes the ability to subcontract all, or a portion
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of, its rights, duties and obligations hereunder.
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12. Insurance.
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SUBRECIPIENT shall during the term of this Agreement:
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(a) Procure and maintain Workers' Compensation Insurance as
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prescribed by the laws of the State of California.
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(b) Procure and maintain comprehensive general and automobile
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liability insurance as shall protect SUBRECIPIENT from claims for damages for
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personal injury, including accidental and wrongful death, as well as from
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claims for property damage, which may arise from activities or programs under
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this Agreement, whether such activities or programs by by SUBRECIPIENT, by any
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subcontractor or by any officer, employee or agent of either of them.
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Such insurance shall name CITY as an additional insured with
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08/12/92
1 respect to this Agreement and the obligations of SUBRECIPIENT hereunder. Such
2 insurance shall provide for combined coverage limits of not less than
3 $1,000,000 per occurrence.
(c) Furnish CITY with policies of insurance showing that such
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5 insurance is in full force and effect, and that CITY is named as an additional
6 insured with respect to this Agreement and the obligations of SUBRECIPIENT
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hereunder.
Further, said policies shall contain the covenant of the insurance
8 carrier that thirty (30) days written notice will be given to CITY prior to
9 modification, cancellation, or reduction in coverage of such insurance.
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13. Hold Harmless.
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SUBRECIPIENT shall indemnify and hold CITY, its officers, agents,
12
employees and independent contractors free and harmless from any liability
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whatsoever, including wrongful death, based or asserted upon any act or
14
omission of SUBRECIPIENT, it officers, agents, employees and independent
15
contractors in any legal action based upon such alleged acts or omissions.
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The specific insurance coverage required in Paragraph 12 shall in no way limit
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or circumscribe SUBRECIPIENT'S obligation to indemnify and hold CITY harmless
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as set forth in this Paragraph 13.
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14. Federal Requirement.
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(a) SUBRECIPIENT shall comply with the provisions of the Act, and
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any amendments thereto, and the federal regulations and guidelines now or
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hereinafter enacted pursuant to the "Act".
More particularly, SUBRECIPIENT is
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to comply with those regulations found in Part 575 of Title 24 of the Code of
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Federal Regulations and OMB Circulars Numbered A-IIO and A-112, respectively,
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and appropriate attachments for non-profit organization contractors.
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(b) The SUBRECIPIENT represents that it is, or may be, a religious
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or denominational institution or organization or an organization operated for
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religious
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08/12/92
purposes which is supervised or controlled by, or in connection
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1 with, a religious or denominational institution or organization.
(c) The SUBRECIPIENT agrees that, in connection with the services
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to be provided hereunder, (i) it will not discriminate against any employee or
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applicant for employment on the basis of religion and will not limit
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employment or give preference in employment to persons on the basis of
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religion; (ii) it will not discriminate against any person applying for such
7 services on the basis of religion and will not limi t such services or give
8 preference to persons on the basis of religion; (iii ) it will provide no
9 religious instruction or counseling, conduct no religious workshop or
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services, engage in no religious proselytizing and exert no other religious
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influence in the provision of such services; (iv) the portion of a facility
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used to provide services assisted, in whole or in part, under this Agreement
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shall contain no sectarian or religious symbols or decorations, and; (v) the
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funds received under this Agreement shall not be used to construct,
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rehabilitate, or restore any facility which is owned by the SUBRECIPIENT in
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which the services are to be provided; vrovided that. minor repairs may be
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made if such repairs are directly related to the services; are located in a
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structure used exclusively for non-religious purposes, and; constitute in
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dollar terms only a minor portion of the ESGP expenditure for the public
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services.
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15. Comvliance with Law.
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SUBRECIPIENT shall comply with all federal, state and local laws
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and regulations pertinent to its operation and services to be performed
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hereunder, and shall keep in effect any and all licenses, permits, notices and
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certificates as are required thereby.
SUBRECIPIENT shall further comply with
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all laws applicable to wages and hours of employment, occupational safety and
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to fire safety, health and sanitation.
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16. Comorehensive Homeless Assistance Plan.
2 SUBRECIPIENT shall cooperate with CITY in undertaking emergency
3 shelter grant activities and shall assist CITY in carrying out its
4 Comprehensive Homeless Assistance Plan and shall act in conformity therewith.
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17. Non-Discrimination and Equal Oooortunitv Comoliance.
SUBRECIPIENT hereby certifies compliance with the following:
(a) Executive Order Number 11246, as amended, and the regulations
8 issued thereunder at Title 41, Code of Federal Regulations, Chapter 60;
9 (b) Title VI and Title VII of the Civil Rights Act of 1964 (423
10 U.S.C. Section 2000(d) et. seq.) , as amended by the Equal Opportunity Act of
11 March 24, 1972, (Public Law Number 92 261;
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(c) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections
13 3601-3619) and implementing regulations issued pursuant thereto (24 CFR, Part
1) "
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(d) Executive Order Number 11063 and implementing regulations
issued pursuant thereto (25 CFR, Part 107);
(e) Age Discrimination Act of 1975 (42 U.S.C., Sections
6101-6107);
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(f) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.,
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Section 794), and;
(g) Executive Orders Numbered 11625, 12432 and 12138.
consistent with HUD's responsibilities under these Orders, the
SUBRECIPIENT must make efforts to encourage the use of minority and women
owned business enterprises in connection with ESGP activities;
(h) SUBRECIPIENT shall establish and maintain a procedure through
which homeless individuals will be informed of the facilities and services
available to all on a nondiscriminatory basis.
(i)
SUBRECIPIENT agrees to abide by, and include in any
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] subcontracts to perform work under this Agreement, the following clause:
2 "During the performance of this Agreement, SUBRECIPIENT and its
3 subcontractors shall not unlawfully discriminate against any employee or
4 application for employment because of race, religion, color, national origin,
5 ancestry, physical handicap, medical condition, marital status, age (over 40),
6 or sex. SUBRECIPIENT and subcontractors shall ensure that the evaluation and
treatment of their employees and applications for employment are free of such
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discrimination.
9
SUBRECIPIENT and subcontractors shall comply with the provisions of
]0
the Fair Employment and Housing Act (Government Code, Section 12900 et.
]]
seq.). The applicable regulations of the Fair Employment and Housing
]2
Commission implementing Government Code Section 12990, set forth in Chapter
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five (5) of Division four (4) of Title two (2) of the California
]4
Administrative Code are incorporated into this AGreement by reference and made
]5
a part hereof as if fully set forth at length.
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SUBRECIPIENT and its subcontractors shall give written notice of
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their obligations under this clause to labor organizations with which they
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have collective bargaining or other agreement."
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(j) The equal opportunity clause continued in Section 202 of
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Executive Order Number 11246, as amended, is hereby incorporated into this
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Agreement by this reference.
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(k) During the performance of this Agreement, SUBRECIPIENT and its
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subcontractors, if any, shall not deny the benefits rendered hereunder to any
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person on the basis of religion, color, ethnic group identification, sex, age
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or physical or mental disability.
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(1) SUBRECIPIENT shall furnish all information and reports as
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required by Executive Order Number 11246, as amended.
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(m)
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08/12/92
SUBRECIPIENT shall include the non-discrimination and compliance
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provisions of the equal opportunity clause in all subcontracts, if any.
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18. Affirmative Action Comoliance.
3 Each SUBRECIPIENT or subcontractor with less than fifty (50)
4 employees shall comply with Section 202, Part II, of Executive Order Number
5 11246, as amended. SUBRECIPIENT shall ensure that subcontractors, if any,
6 falling within the scope of this provision shall comply in full with the
7 requirements thereof.
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19. Conflict of Interest.
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No person who is (i) an employee, agent, consultant, officer, or
10
elected or appointed official of the CITY, state or SUBRECIPIENT that receives
II
ESGP funds and who exercises or has exercised any functions or
12
responsibilities with respect to assisted activities, or; (ii) in a position
13
to participate in a decision making process or gain inside information with
14
regard to such activities, may obtain a personal or financial interest or
15
benefit from he activity, or have an interest in any contract, subcontract or
16
agreement with respect thereto, or the proceeds thereunder, either for himself
17
or herself or those with whom he or she has family or business ties, during
18
his or her tenure or for one (1) year thereafter.
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20. EliRibilitv of Contractors and Subcontractors.
No ESGP funds allocated to SUBRECIPIENT through this Agreement
21
may be used, directly or indirectly, to employ, award contracts to, or
22
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otherwise engage the services of, or purchase the goods of, or fund any
contractor or subcontractor during any period of debarment, suspension, or
24
placement in ineligibility status under the provision of CFR, Part 4.
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21. Lead Based Paint.
26
SUBRECIPIENT and all subcontractors, if any, shall comply with
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the requirements, as applicable, of the Lead-Based Paint Poisoning Prevention
28
Act (42 U.S.C.,
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Section 4821-4846) and implementing regulations issued
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I pursuant thereto (24 CFR, Part 35).
2
22. Flood Insurance.
3 No site proposed on which renovation, major rehabilitation, or
4 conversation of a building, is to be assisted under this part, other than by
5 grant amounts allocated to the state, may be located in an area that has been
6 identified by the Federal Emergency Management Agency as having special flood
7 hazards, unless the community in which the areas is situated is participating
8 in the National Flood Insurance Program and the regulations issued thereunder
9 (44 CFR, Parts 59-79) or less than a year has passed since the Federal
10 Emergency Management Agency notification regarding such hazards, and the
II SUBRECIPIENT will ensure that flood insurance on the structure is obtained in
12 compliance with Section 102(a) of the Flood Disaster Protection Act of 1973,
13 (42 U.S.C., Section 4001 et. seq.).
23. Notice.
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15
Any notices required or desired to be served by either party
16
upon the other shall be addressed to respective parties as set forth below (or
17
to such other addresses as from time to time may be designated, in writing, by
18
the respective parties):
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AS TO CITY:
AS TO SUBRECIPIENT:
21
Kenneth J. Henderson, Exe. Dir.
DEVELOPMENT DEPARTMENT
City of San Bernardino
201 North "E" Street, 3rd Floor
San Bernardino CA 92401-1507
Nedra Wallace, Executive Director
FRAZEE COMMlJlllITY CENTER
1140 West Mill Street
San Bernardino CA 92412
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24. Bindina Successors.
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SUBRECIPIENT, its heirs, assigns and successors in interest
26
shall be bound by all the provisions contained in this Agreement, and all of
27
the parties thereto shall be jointly and severally liable hereunder.
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25. Assurances.
2 SUBRECIPIENT certifies that it has the legal authority to enter
3 into and meet the requirements of this Agreement.
4
26. Entire A2reement.
5 This Agreement is intended by the parties hereto as the final
6 and exclusive expression of these provisions contained in this Agreement and
7 it supersedes and replaces any and all prior and contemporaneous agreements
8 and understandings, oral or written, in connection therewith. This Agreement
9 may be modified or changed only upon the written consent of the parties hereto.
10
II
12 against any
13
14 IIII
15 IIII
16 IIII
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tnt:0322V
08/12/92
27. No Third Party Beneficiaries.
No third party shall be deemed to have any rights hereunder
of the parties hereto as a result of this Agreement.
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1
IN WITNESS WHEREOF, the parties hereto have hereunto their hands and
21 seals this day and year first above written.
3 CITY OF SAN BERNARDINO
4
5;
61 .
71
8
ATTEST
9
10 ~-..<d~_
11 City Clerk
City of San Bernardino
12
13 Approved as to form
and legal content:
14
15 JAMES F. PENMAN
City Attorney
16 By:~I1nI. )
17
18 IIII
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tnt:0322V
08/12/92
/"
CC
THE FRAZEE COMMUNITY CENTER. a
California Corporation
(j
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