HomeMy WebLinkAbout1992-348
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RESOLUTION NUMBER 92-348
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN EMERGENCY SHELTER
GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SALVATION
4 ARMY .
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO.
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Section 1.
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a)
The Mayor of the City of San Bernardino is hereby authorized
8 and directed to execute on behalf of the City an agreement for FY 1992/1993
9 Emergency Shelter Program Grant funding with the Salvation Army, which
10 agreement is annexed hereto as Exhibit "1", and is incorporated herein by
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reference as though fully set forth at length.
The agreement provides for the
12 granting of Emergency Shelter Grant funds in the amount of $18.000.00.
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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15 rescinded if the parties to the agreement fail to execute it within sixty (60)
161 days of the passage of this resolution.
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tnt:0321V
08/12/92
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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 PROGRAM GRANT FUNDING AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND THE SALVATION ARMY.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted
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I by the Mayor and Common Council of the City of San Bernardino at a
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regular
meeting thereof, held on the
17th
day of
Anqn~"t
, 1992,
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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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17 ~t..~
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Cit Clerk
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The foregoing resolution is hereby approved this IH~ .,
20 of ~, 1992.
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24 Approved as to form
and legal content:
25 JAMES F. PENMAN J
26 City Attorney
BY:~
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08/12/92
(Approved ~er Cty of S Bdno Res 92-348 adopted 8/17/92)
AGJl]i;UIUT FOR USE OF DlERGERCY SHELTER GRART FUlUlS
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between the CITY OF SAN BERNARDINO, (hereinafter referred to as "CITY") and
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THIS AGREEMENT, entered in this ~ day of
~t
, 1992, by and
THE SALVATION ARMY, a California non-profit corporation, (hereinafter referred
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to as ("SUBRECIPIENT");
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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
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"Act"), CITY has been awarded Emergency Shelter Grant Program ("ESGP") funds
which are to be used to improve the quality of existing emergency shelters for
the homeless, to help make available additional emergency shelters, and to
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help meet the costs of operating emergency shelters and of providing certain
essential social services to homeless individuals, and;
WHEREAS, CITY is authorized to contract with non-profit corporations for
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the use of ESGP funds to provide various services for homeless individuals,
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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 I, 1992, and terminating on June 30, 1993, or as otherwise as provided
24 for in Paragraph 5 herein.
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2.
ScoDe of Services.
SUBRECIPIENT promises and agrees to provide certain emergency
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EXHIBIT "1"
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shelter grant program services for homeless persons by utilizing the sum of
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$18,000.00 in ESGP funds, as set forth in the manner provided in Exhibit "A"
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which is attached hereto, and by this reference, incorporated herein.
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SUBRECIPIENT shall also provide homes individuals with assistance in obtaining
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(i) appropriate supportive services, including permanent housing, physical
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health treatment, 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
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conformity with the "Act", and any amendments thereto, and the federal
regulations and guidelines now, or hereinafter enacted pursuant to the "Act".
3.
Matchil1Jl: Funds.
SUBRECIPIENT must supplement its emergency shelter grant amounts with an
equal amount of funds from sources other than those provided herein. These
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funds must be provided after the date of the grant award to the SUBRECIPIENT.
SUBRECIPIENT may comply with this requirement by providing the supplemental
funds itself, or through supplemental funds or voluntary efforts or gifts in
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kind provided to SUBRECIPIENT, as appropriate.
4.
Calculatil1Jl: the Matchil1Jl: 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
lease(s) on the building(s); any salary paid to staff of the SUBRECIPIENT, or
to any State or non-profit recipient, as appropriate, in carrying out the
emergency shelter grant program; and the time and services contributed by
volunteers to carry out the emergency shelter grant program determined at the
rate of $5.00 per hour.
For purposes of this Paragraph 4, the SUBRECIPIENT,
upon written concurrence of the Executive Director of the Development
Department ("Director"), will determine the value of any donated material or
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EXHIBIT "1"
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building(s), or any lease(s), or furnishings and equipment using any method
reasonably calculated to establish a fair market value.
5. Termination.
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(a) Either party may terminate this Agreement upon thirty (30)
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days prior written notice to the other party.
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(b) Notwithstanding the provisions of Paragraph 5(a), CITY may
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suspend or terminate this Agreement forthwith for cause, upon written notice
to SUBRECIPIENT of the action being taken. Cause shall be established, (i) in
the event SUBRECIPIENT fails to perform the covenants herein contained; (ii)
in the event there is a conflict with any federal, state or local law,
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ordinance, regulation or rule rendering any of the provisions of this
Agreement invalid or untenable, or; (iii) in the event the funding from the
United States Department of Housing and Urban Development (HUD), referred to
in the recitals herein, is reduced, terminated or otherwise becomes
unavailable. CITY shall provide written notice to SUBRECIPIENT within ten
(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
the Development Department, be either terminated or amended to reflect said
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reduction of funds.
(c) Upon termination of this Agreement, SUBRECIPIENT agrees to
return any unencumbered funds which it has been provided by CITY. In
accepting said funds, CITY does not waive any claim or cause of action it may
have against SUBRECIPIENT for breach of this Agreement.
(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
expenditure of funds provided for hereunder shall not be ended upon the date
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EXHIBIT "1"
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of any termination but shall continue thereafter as specified herein.
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6. PaVlllent of Funds.
The Mayor and Common Council of the CITY shall determine the dinal
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CITY, through its Development Department, shall make payments of ESGP funds to
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SUBRECIPIENT for the purposes set forth in Exhibit "A" and shall monitor the
expenditure of funds and activities of SUBRECIPIENT to ensure compliance with
applicable federal regulations and the terms of this Agreement. SUBRECIPIENT
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shall establish and maintain a separate account for all ESGP funds received
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under this Agreement and deposit all such funds in said account.
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All disbursements of grant funds by the Development Department will
be made in the following manner:
(a) Payments shall be made on a reimbursement basis and made within
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thirty (30) days after the SUBRECIPIENT has submitted written notice
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
finds that a need for same is properly documented and otherwise consistent
with the purposes of the grant.
(c)In no event shall CITY, or any of its officers, agents or
employees, be held liable for expenses incurred by SUBRECIPIENT In excess of
the ESGP allocation noted in Paragraph 2, entitled "Scope of Services".
(d) Payments may be withheld if, on a determination by the
Director of the Development Department, SUBRECIPIENT has not complied with the
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EXHIBIT "1"
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covenants herein contained at such times, and in such manner as provided in
this Agreement.
(e) No later than thirty (30) days prior to the date set forth
herein for termination of this Agreement, SUBRECIPIENT shall provide CDD with
its estimate of the amount of funds which will remain unexpended upon such
termination.
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Notwithstanding any provisions contained in this Paragraph 6, CITY,
through its Executive Director of the Development Department, shall
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thereafter, upon reasonable notice provide to SUBRECIPIENT, have the right to
(i) reduce the payment of funds hereunder, (ii) renegotiate the actual levels
of expenditures in the event SUBRECIPIENT'S rate of expenditures will result
in unexpended funds at the expiration of this Agreement, and/or; (iii)
re-program funds associated with a project in which the Executive Director of
the Development Department finds there has been no substantial progress or
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activity.
7.
Documentation. ReDorts. InsDections and Performance Evaluations.
(a) Documentation of EXDenditures. All expenditures supported by
properly executed payrolls, time records, invoices, contracts, vouchers,
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receipts, orders and any other accounting documentation pertaining, in whole
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or in part, to this Agreement, shall be clearly identified and readily
accessible. SUBRECIPIENT shall maintain and keep available all such documents
for a period of not less than three (3) years from the termination of this
Agreement, if a CITY, state and/or federal audit has occurred within six (6)
months prior to date of termination, and for a period of not less than five
(5) years from said date if such audit has not occurred.
In the event of
audit exception, such documentation shall be maintained until every exception
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has been cleared to the satisfaction of the auditing authority.
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KXIIIBIT "1"
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(b) Reoorts. SUBRECIPIENT, at such times and on such forms as
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 and maintain records in accordance with the Office of Management and
Budget (OMB) Circulars Numbered A-IIO and A-112, respectively, as applicable
to the acceptance and use of emergency shelter grants.
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(c) Insoections. SUBRECIPIENT shall make available to CITY, state
and/or federal officials its records and data with respect to all matters
covered by this Agreement for inspection and audit, which inspection and audit
may be made at any time after reasonable notice. SUBRECIPIENT shall comply
with the audit requirements of OMB Circular Number A-IIO, as applicable, and
as they relate to the acceptance and use of federal funds under this Agreement.
(d) Performance Evaluations. SUBRECIPIENT shall permit CITY,
state and/or federal officials to monitor, assess or evaluate SUBRECIPIENT'S
performance under this Agreement on at least a monthly basis, said monitoring,
assessment or evaluation to include, but not be limited to, audits, inventory,
inspections within the program area, and interviews with SUBRECIPIENT'S
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employees, agents, independent contractors and subcontractors, providing the
services under this Agreement and recipients thereof.
(e) This Agreement contemplates that the SUBRECIPIENT will pay
salaries, utilities and furnishings with the monies provided in accordance
with Exhibit "A" and Section 2 of this Agreement.
SUBRECIPIENT has identified
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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EXHIBIT "I"
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8.
Building or Facility.
(a) Any building for which emergency shelter grant amounts are used
for renovation, conversion, or major rehabilitation, must meet local safety
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i 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
transient 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
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
CITY.
(c) SUBRECIPIENT shall ensure that any building or facility is
utilized exclusively for secular purposes and is made available to all person
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regardless of religion.
If ESGP funds are used to renovate, rehabilitate, or
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convert buildings owned by primarily religious organization or entities,
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
24 Accessibility Standards (24 CFR, Part 40, Appendix "A"), when activities
25 funded by the ESGP involve major rehabilitation or conversion.
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9.
Raintenance as a Homeless Facility.
(a) SUBRECIPIENT shall maintain any building for which ESGP funds
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EXHIBIT "1"
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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
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homeless before receiving ESGP funds, or; (ii) on the date that ESGP funds are
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first obligated 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
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first obligated to shelter when the building was operated as an emergency
shelter before receiving ESGP funds.
(c) When ESGP funds are used exclusively to provide essential
services including, but not limited to, services concerned with employment,
physical or mental health, substance abuse, education, food, equipment or
furnishings, the time periods noted above are not applicable.
10. IndeDendent CaDad tv .
SUBRECIPIENT, and its officers, employees and agents, shall act in
an independent capacity during the term of this Agreement and shall not act
as, shall not be, nor shall they in any manner be construed to be officers,
employees, or agents of the CITY or the State of California.
11. AssiPnRbilitv.
22 SUBRECIPIENT cannot assign any of its rights, duties or obligations
23 pursuant to this Agreement to any person or entity without the prior written
24 consent of CITY. This includes the ability to subcontract all, or a portion
25 of, its rights, duties and obligations hereunder.
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12. Insurance.
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EXHIBIT "1"
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SUBRECIPIENT shall during the term of this Agreement:
(a) Procure and maintain Workers' Compensation Insurance as
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prescribed by the laws of the State of California.
(b) Procure and maintain comprehensive general and automobile
liability insurance as shall protect SUBRECIPIENT from claims for damages for
personal injUry, including accidental and wrongful death, as well as from
claims for property damage, which may arise from activities or programs under
this Agreement, whether such activities or programs by by SUBRECIPIENT, by any
subcontractor or by any officer, employee or agent of either of them.
Such insurance shall name CITY as an additional insured with
respect to this Agreement and the obligations of SUBRECIPIENT hereunder. Such
insurance shall provide for combined coverage limits of not less than
$1,000,000 per
occurrence.
Ctdi~UIu
Furnish CITY with pol iea of
insu~~hOWing that such
(c)
15 insurance is in full force and effect, and that CITY is named as an additional
16 insured with respect to this Agreement and the obligations of SUBRECIPIENT
17 hereunder. Further, said policies shall contain the covenant of the insurance
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carrier that thirty (30) days written notice will be given to CITY prior to
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modification, cancellation, or reduction in coverage of such insurance.
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13. Hold Harmless.
SUBRECIPIENT shall indemnify and hold CITY, its officers, agents,
employees and independent contractors free and harmless from any liability
whatsoever, including wrongful death, based or asserted upon any act or
omission of SUBRECIPIENT, it officers, agents, employees and independent
contractors in any legal action based upon such alleged acts or omissions.
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 Reauirement.
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(a) SUBRECIPIENT shall comply with the provisions of the Act, and
any amendments thereto, and the federal regulations and guidelines now or
hereinafter enacted pursuant to the "Act". More particularly, SUBRECIPIENT is
to comply with those regulations found in Part 575 of Title 24 of the Code of
Federal Regulations and OMB Circulars Numbered A-IIO and A-112, respectively,
and appropriate attachments for non-profit organization contractors.
(b) The SUBRECIPIENT represents that it is, or may be, a religious
or denominational institution or organization or an organization operated for
religious purposes which is supervised or controlled by, or in connection
with, a religious or denominational institution or organization.
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(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
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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
services on the basis of religion and will not limit such services or give
preference to persons on the basis of religion; (iii) it will provide no
religious instruction or counseling, conduct no religious workshop or
services, engage in no religious proselytizing and exert no other religious
influence in the provision of such services; (iv) the portion of a facility
used to provide services assisted, in whole or in part, under this Agreement
shall contain no sectarian or religious symbols or decorations, and; (v) the
funds received under this Agreement shall not be used to construct,
rehabilitate, or restore any facility which is owned by the SUBRECIPIENT in
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EXHIBIT "1"
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which the services are to be provided; orovided that. minor repairs may be
made if such repairs are directly related to the services; are located in a
structure used exclusively for non-religious purposes, and; constitute in
dollar terms only a minor portion of the ESGP expenditure for the public
services.
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15. COlIIDliance with Law.
SUBRECIPIENT shall comply with all federal, state and local laws and
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regulations pertinent to its operation and services to be performed hereunder,
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and shall keep in effect any and all licenses, permits, notices and
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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.
16. COIIIDrehensive Homeless Assistance Plan.
SUBRECIPIENT shall cooperate with CITY in undertaking emergency shelter
grant activities and shall assist CITY in carrying out its Comprehensive
Homeless Assistance Plan and shall act in conformity therewith.
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17. Non-Discrimination and Eaual Opportunitv Comoliance.
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SUBRECIPIENT hereby certifies compliance with the following:
(a) Executive Order Number 11246, as amended, and the regulations
issued thereunder at Title 41, Code of Federal Regulations, Chapter 60;
(b) Title VI and Title VII of the Civil Rights Act of 1964 (423 U.S.C.
Section 2000(d) et. seq.), as amended by the Equal Opportunity Act of March
24, 1972, (Public Law Number 92 261;
(c) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections
3601-3619) and implementing regulations issued pursuant thereto (24 CFR, Part
1);
(d) Executive Order Number 11063 and implementing regulations issued
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pursuant thereto (25 CFR, Part 107);
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(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;
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(g) Executive Orders Numbered 11625, 12432 and 12138.
consistent with HUD's responsibilities under these Orders, the
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SUBRECIPIENT must make efforts to encourage the use of minority and women
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owned business enterprises in connection with ESGP activities;
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(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 subcontracts to
13 perform work under this Agreement, the following clause:
14 "During the performance of this Agreement, SUBRECIPIENT and its
15 subcontractors shall not unlawfully discriminate against any employee or
16 application for employment because of race, religion, color, national origin,
17 ancestry, physical handicap, medical condition, marital status, age (over 40),
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or sex.
SUBRECIPIENT and subcontractors shall ensure that the evaluation and
19 treatment of their employees and applications for employment are free of such
20 discrimination.
21 SUBRECIPIENT and subcontractors shall comply with the provisions of the
22 Fair Employment and Housing Act (Government Code, Section 12900 et. seq.).
23 The applicable regulations of the Fair Employment and Housing Commission
24 implementing Government Code Section 12990, set forth in Chapter five (5) of
25 Division four (4) of Title two (2) of the California Administrative Code are
26 incorporated into this AGreement by reference and made a part hereof as if
27 fully set forth at length.
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SUBRECIPIENT and its subcontractors shall give written notice of their
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obligations under this clause to labor organizations with which they have
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collective bargaining or other agreement."
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(j) The equal opportunity clause continued in Section 202 of Executive
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Order Number 11246, as amended, is hereby incorporated into this Agreement by
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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.
(1) SUBRECIPIENT shall furnish all information and reports as required
by Executive Order Number 11246, as amended.
(m) SUBRECIPIENT shall include the non-discrimination and compliance
14 provisions of the equal opportunity clause in all subcontracts, if any.
1511 18. AffiI'llllltive Action COMDliance.
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Each SUBRECIPIENT or subcontractor with less than fifty (50) employees
17 shall comply with Section 202, Part II, of Executive Order Number 11246, as
18 amended. SUBRECIPIENT shall ensure that subcontractors, if any, falling
19 within the scope of this provision shall comply in full with the requirements
20 thereof.
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19. Conflict of Interest.
22 No person who is (i) an employee, agent, consultant, officer, or elected
23 or appointed official of the CITY, state or SUBRECIPIENT that receives ESGP
24 funds and who exercises or has exercised any functions or responsibilities
25 with respect to assisted activities, or; (ii) in a position to participate in
26 a decision making process or gain inside information with regard to such
27 activities, may obtain a personal or financial interest or benefit from he
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activity, or have an interest in any contract, subcontract or agreement with
respect thereto, or the proceeds thereunder, either for himself or herself or
those with whom he or she has family or business ties, during his or her
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tenure or for one (1) year thereafter.
20. Elh:ibilitv of Contractors and Subcontractors.
No ESGP funds allocated to SUBRECIPIENT through this Agreement may be
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used, directly or indirectly, to employ, award contracts to, or otherwise
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engage the services of, or purchase the goods of, or fund any contractor or
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subcontractor during any period of debarment, suspension, or placement in
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ineligibility status under the provision of CFR, Part 4.
21. Lead Based Paint.
SUBRECIPIENT and all subcontractors, if any, shall comply with the
requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act
(42 U.S.C., Section 4821-4846) and implementing regulations issued pursuant
thereto (24 CFR, Part 35).
22. Flood Insurance.
No site proposed on which renovation, major rehabilitation, or
conversation of a building, is to be assisted under this part, other than by
19
grant amounts allocated to the state, may be located in an area that has been
20
21
identified by the Federal Emergency Management Agency as having special flood
hazards, unless the community in which the areas is situated is participating
221
23,
241
251
26
27
28
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.).
Revised 8/12/92
EW:paw:0087c
II
- 14 -
EXHIBIT "1"
2
3
4
23. 1I0tice.
Any notices required or desired to be served by either party upon the
other shall be addressed to respective parties as set forth below (or to such
5
other addresses as from time to time may be designated, in writing, by the
respective parties):
6
7
8
AS TO CITY:
AS TO SUBRECIPIElIT:
Kenneth J. Henderson, Exe. Dir.
DEVELOPIml'IT DRPAIlTPmrrr
City of San Bernardino
201 1I0rth "E" Street, 3rd Floor
San Bernardino CA 92401-1507
Thomas L. Petersen, Director
The SALVATI 011 ABI!Y
P.O. Bo% 947
San Bernardino CA 92402
9
10
11
12
13
14
15
24. BindiD2 Successors.
SUBRECIPIENT, its heirs, assigns and successors in interest
shall be bound by all the provisions contained in this Agreement, and all of
the parties thereto shall be jointly and severally liable hereunder.
25.
Assurances.
SUBRECIPIENT certifies that it has the legal authority to enter
16
into and meet the requirements of this Agreement.
17
18
26. Entire Aareement.
This Agreement is intended by the parties hereto as the final
19
and exclusive expression of these provisions contained in this Agreement and
20
21
22
23
24
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.
27. 110 Third Partv Beneficiaries.
No third party shall be deemed to have any rights hereunder
25
against any of the parties hereto as a result of this Agreement.
26
27
28
IN WITNESS WHEREOF, the parties hereto have hereunto their hands and
seals this day and year first above written.
Revised 8/12192
RW:paw:0087c
- 15 -
EXHIBIT "1"
i.1
I
!
1
CITY OF SAR BERlWIDIBO
2
3
4
5
6
7
8
~
ATrEST
-tRr.-Ul.t ~e-_~
City Clerk
City of San Bernardino
9
Approved as to form
and legal content:
10
11
12
13
14
15
16
17
18
JAMES F. PElVIAlf J
City Attorney~
;~ ~
//
//
//
//
//
19
//
//
20
21
22
23
24
25
26
27
28
//
//
//
//
//
//
//
Revised 8/12/92
EW:paw:0087c
- 16 -
EXHIBIT "1"
THE SALVATION ARMY J a California
Corporation
~~.~
V {'-e- - President
xk ~kZ~
4ss'l~ Secretary
JAM E S
SEDGWICK JAMES OF CALIFORNIA INC.,
Tel: (415) 433-1440
P. o. BOX 7601, SAN FRANCISCO, CA 94120
Fax: (415) 956-1941
CERTIFICATE OF INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO
RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND
OR ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW.
CERTIFICATE HOLDER:
CITY OF SAN BERNARDINO
DEVELOPMENT DEPARTMENT
300 NORTH "E" STREET 3RD FLOOR
SAN BERNARDINO, CA 92401
THIS IS TO CERTIFY THAT THE POLICY OF INSURANCE LISTED BELOW HAS BEEN ISSUED
TO THE INSURED NAMED BELOW FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OF OTHER DOCUMENT WITH
RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE
AFFORDED BY THE POLICY DESCRIBED HEREIN IS SUBJECT TO ALL TERMS,
EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES
INSURED :
THE SALVATION ARMY
A CALIFORNIA CORPORATION
30840 HAWTHORNE BOULEVARD
RANCHO PALOS VERDES, CA 90274
AS RESPECTS TO PROVIDE EMERGENCY SHELTER SERVICES
COMMENCING: JULY 1, 1992 THROUGH JUNE 30, 1993
COVERAGE:
COMPANY :
POLICY #:
LIMITS
TERM
EXCESS WORKERS' COMPENSATION
EMPLOYERS REINSURANCE CORPORATION
C-22509R2
$5,000,000 EXCESS SELF-INSURED RETENTION OF $275,000
OCTOBER 1, 1991 THROUGH OCTOBER 1, 1992
SHOULD THE ABOVE DESCRIBED POLICY BE CANCELLED BEFORE THE EXPIRATION DATE
THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL THIRTY (30) DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL SUCH
NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY,
ITS AGENTS OR REPRESENTATIVES.
DATE: 08/14/92
LOCATION CODE: 11-110
SIGNED:
~~?-~ .-
SEDGWICK JAMES OF CALIFORNIA INC.
CERTIFICATE OF INSURANCE
INSURED:
THE SALVATION ARMY
A CALIFORNIA CORPORATION
30840 HAWTHORNE BOULEVARD
RANCHO PALOS VERDES, CA 90274
CERTIFICATE HOLDER:
CITY OF SAN BERNARDINO
DEVELOPMENT DEPARTMENT
300 NORTH "E" STREET 3RD FLOOR
SAN BERNARDINO, CA 92401
INSURANCE COMPANY:
INDUSTRIAL INDEMNITY
POLICY NUMBER:
COMMERCIAL GENERAL LIABILITY NH9025234
AUTOMOBILE LIABILITY NB9025235
POLICY TERM:
OCTOBER 1, 1991 THROUGH OCTOBER 1, 1993
COVERAGE:
COMMERCIAL GENERAL LIABILITY INCLUDING OPERATIONS,
PRODUCTS, CONTRACTUAL, PROTECTIVE AND ELEVATORS.
COMPREHENSIVE AUTOMOBILE LIABILITY. NON OWNED VEHICLE
COVERAGE IS EXCESS AND NON CONTRIBUTORY TO ANY OTHER
INSURANCE POLICY THAT MAY BE IN FORCE ON THE SUBJECT
VEHICLE.
LIMITS:
$1,000,000 COMBINED SINGLE LIMIT PER OCCURRENCE AND
$2,000,000 GENERAL AGGREGATE
$1,000,000 COMBINED SINGLE LIMIT PER OCCURRENCE AND
IN THE AGGREGATE WHERE APPLICABLE, AUTOMOBILE LIABILITY
THIS COVERAGE IS SUBJECT TO ALL TERMS, CONDITIONS, PROVISIONS, EXCLUSIONS
AND LIMITATIONS OF THE DESCRIBED POLICY, WHETHER SHOWN BY ENDORSEMENT OR
OTHERWISE.
NOTWITHSTANDING ANY REQUIREMENT,
DOCUMENT WITH RESPECT TO WHICH
AFFORDED BY THE POLICY LISTED IS
TERM OR CONDITION OF
THIS CERTIFICATE IS
SUBJECT TO ALL THE
ANY CONTRACT OR OTHER
ISSUED, THE INSURANCE
TERMS OF SAID POLICY.
SHOULD THIS POLICY BE CANCELLED, ASSIGNED OR MATERIALLY CHANGED DURING THE
EFFECTIVE PERIOD, THE COMPANY WILL MAIL THIRTY (30) DAYS ADVANCE NOTICE TO
THE CERTIFICATE HOLDER.
THE CERTIFICATE HOLDER, ITS OFFICERS AND AGENTS, ARE INCLUDED AS ADDITIONAL
INSUREDS UNDER THESE POLICIES AS RESPECTS LEGAL LIABILITY ARISING OUT OF THE
OPERATIONS OF THE NAMED INSURED, BUT ONLY IF THE NAMED INSURED IS OBLIGATED
UNDER CONTRACT OR WRITTEN AGREEMENT TO DO SO.
AS RESPECTS TO PROVIDE EMERGENCY SHELTER SERVICES
COMMENCING: JULY 1, 1992 THROUGH
DATE: 08/14/92
SIGNED:
JUNE 30, 1~93 ) ~ 00_
~sffs~ GOGGIN ~ ~
SEDGWICK JAMES OF CALIFORNIA INC.
LOCATION CODE: 11-110