HomeMy WebLinkAbout1991-297
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RESOLUTION NUMBER 91-297
RESOLUTION OF THE !O\.roR AND CXlMMJN OOUN::IL OF THE CITY OF SAN BERNlUIDIH)
lWTIIJRIZDG AND D.I.l<&:ul'G THE EXECt1rION OF 1\N EMERGEN::Y SIIEIIl'ER GRl\Nl' FtlNDDG
1lGREEMEN1' BE'l'lIEEN THE CITY OF SAN BER!OOU)IH) AND THE SALVATION ARMY.
BE IT RESOLVED BY THE !O\.roR AND CXlMMJN OOUN::IL OF THE CITY OF
Section 1.
a) '!he Mayor of the City of San Bernardino is hereby authorized an:l
directed to execute on behalf of the city an agreement for FY 1991/1992
Emergency Shelter P.t.vy:t.am Grant fuIxiing with the Salvation Arnri, which
agreement is annexed hereto as Exhibit "1", an:l is incorporated herein by
reference as though fully set forth at lerqth. '!he agreement provides for the
grantin;J of Emergency Shelter Grant funJs in the am:JUnt of $23.000.00.
Section 2.
a) '!he authorizations to execute the above referenced agreement is res-
eWed if the parties to the agreement fail to execute it within sixty (60)
sixty clays of the passage of this resolution.
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RESOLUTION AUTll)RIZIN3 1\ND D.u<P.:~'.uG THE EXECUTION OF AN
~ SHELTER PRl:lGIW! GRl\Nl'~IN3 1\GREEMENl' BETWEEN CITY
1\ND THE Sl\LVATION ARMY.
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2 I HEREBY CERTIFY that the foregoin;J resolution was duly adopted by the
3 Mayor an:i CalInw:ll1 Council of the City of San Bernardino at a regular
4 meetin;J thereof, held on the 1st day of July
5 vote, to wit:
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council M-thArs
E'Sl'RAD1\
REILLY
HERNANDEZ
MAllDSIEY
MINOR
R:lPE-IIJDlAM
MILlER
, 1991, by the follooin;J
AYES
N1.YS
ABS'l7UN
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, .), ,'k
Ij\,cc/J/.~ j-\. i. j ." I
City Clerk !
'!he foregoin;J resolution is hereby approved this 5th day of Julv
1991.
Approved as to fonn an:i
legal content:
JAMES F. PENMAN,
city AtU>rnety~. ~
By: 4JMt
c/
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6-20-91
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Res. 91-297
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1IGREEMEN1' FOR USE OF EMERGE:l<<::Y SHELTER GRAN!' FllND6
'IHIS J\GREEMENT, entered into this ~ day of J u 1 y
, 1991, by and
between the CI'IY OF SAN BERNARDDIO, (hereinafter referred to as "CI'IY") and
THE SALVATION ARMY, a California non-profit corporation, (hereinafter referred
to as "SUBRECIPIENT");
B'l1'~~~H!~1'H
WHEREAS, pursuant to SUbtitle "B" of the Stewart B. McKinney Homeless
Assistance Act of 1987 (Public Law 100-77), (hereinafter referred to as the
"Act"), CI'IY has been awarded ~ency Shelter Grant Program ("ESGP") funds
which are to be used to ilI1prove the quality of existin;J emergency shelters for
the haneless, to help make available additional emergency shelters, am to
help meet the costs of operatin;J emergency shelters am of providin;J certain
essential social services to homeless individuals, am;
WHEREAS, CI'IY is authorized to contract with non-profit corporations for
the use of ESGP funds to provide various services for haneless individuals,
am;
WHEREAS, SUBRECIPIENT as a non-profit corporation, is eligible urxier the
"Act" to receive ESGP funds to provide those services as described herein.
NCM, 'IHEREFORE, the parties hereto do mutually agree as follows:
1. Term.
'!he tenn of this Agreement shall be for a period commencin;J on the
July I, 1991, am tenninatin;J on June 30, 1992, or as otherwise as provided
for in ParagraIil 5 herein.
2. SCOPe of 8erI7i.ces.
SUBRECIPIENT promises am agrees to provide certain emergency shelter
grant program services for hOll1eless persons by utilizin;J the SUIII of $23,000.0
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EXHIBIT "1"
1 in FSGP funds, as set forth in the manner provided in Exhibit "A" which is
2 attached hereto, and by this reference, incorporated herein. SUBRECIPIENT
3 shall also provide homeless i.n:iividuals with assistance in abtai.nin:J (i)
4 appropriate supportive services, including permanent housing, physical health
5 treatment, mental health treatment, counseling, supervision, and other
6 services essential for achieving :inlepen:ient living, and; (ii) other federal,
7 state, local and private assistance provided hereun:ier shall be in full
8 confonnity with the "Act", and any amerrlments thereto, and the federal regu1a-
9 tions and guidelines nt:M, or hereinafter enacted pursuant to the "Act".
1 0 3. Matchinc:r!\mds.
11 SUBRECIPIENT must supplement its emergency shelter grant anv:ronts with
12 an equal annmt of funds fram sources other than those provided herein. 'lhese
13 funds must be provided after the date of the grant award to the SUBRECIPIENT.
14 SUBRECIPIENT may CCllIply with this requirement by providing the supplemental
15 funds itself, or through supplemental funds or voluntary efforts or gifts in
16 kiIrl provided to SUBRECIPIENT, as appropriate.
17 4. Calculatincr the Matchinc:r .l\moImt.
18 In calculating the annmt of supplemental funds, there may be incl
19 the value of any donated material or building(s), the value of the lease(s) 0
20 the building(s); any salary paid to staff of the SUBRECIPIENT, or to any sta
21 or non-profit recipient, as appropriate, in carrying out the emergency shel
22 grant program; and the time and services contributed by volunteers to carry
23 out the emergency shelter grant program detennined at the rate of $5.00 per
24 hour. For pw:poses of this Paragraph 4, the SUBRECIPIENT, upon written
25 concurrence of the Executive Director of the Developnemt Department ("Direc-
26 tor), will determine the value of any donated material or building(s), or any
27 lease(s), or furnishings and equipment using any method reasonably calculated
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to establish a fair market value.
5. TeJ:mination.
(a) Either party may tenninate this Agreement upon thirty (30) days
prior written notice to the other party.
(b) Notwithst.arxiin;J the provisions of Paragraph 5(a), CITY may
susperxi or tenninate this Agreement forthwith for cause, upon written notice
to SUBRECIPIENT of the action beirg taken. Cause shall be established, (i) in
the event SUBRECIPIENT fails to perfonn the convenants herein contained: (H)
in the event there is a conflict with any federal, state or local law,
ordinance, regulation or rule rernerirg any of the provisions of this
Agreement invalid or untenable, or: (Hi) in the event the furxling fram the
united states Department of Housirg and Urban Developnent (RUD), referred to
in the recitals herein, is red11ced, tenninated or otherwise becames 1.m-
available. CITY shall provide written notice to SUBRECIPIENT within ten (10)
workin; days fram the date RUD red! ~, susperxis or tenninates the ESGP
furxling. '!his Agreement may, at the discretion of the Executive Director of
the Developnent Deparbnent, be either tenninated or amerrled to reflect said
reduction of fums.
(c) Upon tennination of this Agreement, SUBRECIPIENT agrees to
any 1.Il'1e1'lClDI1 fums which it has been provided by CITY. In acceptirg said
fums, CITY does not waive any claim or cause of action it may have against
SUBRECIPIENT for breach of this Agreement.
(d) Upon tennination of this Agreement, SUBRECIPIENT shall not incur
any obligations after the effective date of such tennination, 1.mless expressh
authorized in writirg by CITY of the notice of tennination.
(e) Arrj provisions for inspection and audits relative to the
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1 expen:liture of fun:ls provided for hereun:ier shall not be en:ied upon the date
2 of any termination but shall continue thereafter as specified herein.
3 6. Pavment of Funds.
4 '!he Mayor anj Cammon Council of the CITY shall determine the final
5 disposition anj distribution of all fun:ls received by CITY UOOer the "Act".
6 CITY, through its Development Department, shall make payments of FSGP fun:ls to
7 SUBRECIPIENT for the purposes set forth in Exhibit "A" anj shall m::mitor the
8 expen:liture of fun:ls anj activities of SUBRECIPIENT to ensure c:::oJll'liance with
9 applicable federal regulations anj the terms of this l\greement. SUBRECIPIENT
10 shall establish anj maintain a separate account for all FSGP fun:ls received
11 UOOer this l\greement anj deposit all such fun:ls in said aCCCllll1t.
12 All disbursements of grant fun:ls by the Development Department will be
13 made in the foll<::Min3' manner:
14 (a) Payments shall be made on a reimbursement basis anj made within
15 thirty (30) days after the SUBRECIPIENT has submitted written notice
16 identifying payments made anj requesting reimbursement. Payments shall be
17 based on docuirented expenses by SUBRECIPIENT, approved by the Executive
18 Director of the Development Department, or designee.
19 (b) One (1) advance payment may be granted to SUBRECIPIENT in such
20 annmt anj at such time as determined by the Executive Director of the
21 Development, Deparbnent, not to exceed $5,000.00, whenever he/she firrls that c
22 need for same is properly docuirented anj otherwise consistent with the pur
23 poses of the grant.
24 (c) In no event shall CITY, or any of its officers, agents or
25 employees, be held liable for expenses incurred by SUBRECIPIENT in excess of
26 the FSGP allocation noted in Paragraph 2, entitled "SCOPe of Services".
27 (d) Payments may be withheld if, on a determination by the Director
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of the DeveloplleIlt DepartJnent, SUBRECIPIENT has not ClClI1plied with the co-
venants herein contained at such times, ani in such manner as provided in this
llgreelIIent .
(e) No later than thirty (30) days prior to the date set forth herein
for tennination of this llgreelIIent, SUBRECIPIENT shall provide CD!) with its
estiJnate of the amount of furx:ls which will remain ~ upon such
tennination.
Notwithstan:lin; arrj provisions contained in this ParagraJ;i1 6, CITY,
through its Executive Director of the Development DepartJnent, shall there-
after, upon reasonable notice provided to SUBRECIPIENT, have the right to (i)
reduce the payment of furx:ls hereurxier, (ii) renegotiate the actual levels of
expero.itures in the event SUBRECIPIENT'S rate of expero.itures will result in
unexperxied furx:ls at the expiration of this llgreelIIent, arrljor; (iii) re-program
furx:ls associated with a project in which the Executive Director of the
Development DepartJnent fin::ls there has been no substantial prog:t:ess or
activity.
7. Documentation. ReDorts. InsPections and Perfomance Evaluations.
(a) ~tion of Exoen:litures. All expero.itures supported by
properly executed payrolls, time records, invoices, contracts, vouchers,
receipts, orders ani arrj other a=untinq documentation pertaining, in .mole
or in part, to this Agreement, shall be clearly identified ani readily
accessible. SUBRECIPIENT shall maintain ani keep available all such docrnnents
for a period of not less than three (3) years from the tennination of this
Ay.l...ement, if a CITY, state arrljor federal audit has occurred within six (6)
months prior to date of tennination, ani for a period of not less than five
(5) years from said date if such audit has not occurred. In the event of
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1 audit exception, such dClClllrelltation shall be maintained until every exception
2 has been cleared to the satisfaction of the auditirq authority.
3 (b) Reports. SUBRECIPIENT, at such tiInes ani on such fOIlllS as CITY
4 may require, shall furnish CITY such statements, records, reports, data ani
5 information as CITY may request pertainirq to its performance of senric:es
6 hereunier ani other matters covered by this Agreement. SUBRECIPIENT shall
7 establish ani maintain records in accordance with the Office of Management arxi
8 Budget (CMB) circulars Numbere:i A-no ani A-n2, respectively, as applicable
9 to the acceptance ani use of eIrergency shelter grants.
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(c) InsPections. SUBRECIPIENT shall make available to CITY, state
11 aOO,Ior federal officials its records ani data with respect to all matters
12 covered by this Agreement for inspection ani audit, which inspection arxi audit
13 may be made at any tilDe after reasonable notice. SUBRECIPIENT shall c::arply
14 with the audit requirements of CMB Circular Number A-nO, as applicable, arxi
15 as they relate to the acceptance ani use of federal funds un:ier this Agree-
16 ment.
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(d) Performance Evaluations. SUBRECIPIENT shall penni.t CITY, state
18 aOO,Ior federal officials to m::mitor, assess or evaluate SUBRECIPIENT'S
19 performance un:ier this Agreement on at least a m:mthly basis, said m::mitoring,
20 assessment or evaluation to include, but not be 1:i1nited to, audits, inventory,
21 inspections within the program area, ani interviews with SUBRECIPIENT'S em-
22 ployees, agents, independent contractors ani subcontractors, providirq the
23 senric:es un:ier this Agreement ani recipients thereof.
24 (e) '!his Agreement contemplates that the SUBRECIPIENT will pay
25 salaries, utilities ani furnishings with the m::mies provided in accordance
26 with Exhibit "A" ani Section 2 of this Agreement. SUBRECIPIENT has identified
27 two (2) positions which salaries are to be paid in part with ESGP funds urxieI
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this Agreement, an:i are identified herein as: (i) Maintenance/Janitorial,
an:i; (ii) Facility Cook.
8. Buildincr or Facili tv.
(a) Arrj buildinJ for which emergency shelter grant amunts are used
for renovation, conversion, or major rehabilitation, must meet local safety
an:i sanitation starrlards.
(b) When ESGP funls are utilized to provide emergency shelter for the
haneless in hotels or motels or other COIlIIl'eI'Cial facilities providinJ
transient housin;J, (i) SUBRECIPIENT, at the request of CITY, shall execute an
Agreement with the provider of such housin;J which provides that ~le
livin;J space, in tenns of quality, available in the facility for use as
emergency shelters for at least the same period of time as provided in Para-
graph 9 herein, an:i; (ii) leases negotiated between SUBRECIPIENT an:i the
provider of such housin;J shall make available such livin;J space at
substantially less than the daily roan rate otheIwise charged by the facility,
an:i; (iii) SUBRECIPIENT shall certify, in writin;J, to City that it has
considered usin;J other facilities as emergency shelters, an:i has detennined
that the use of such livin;J space in the facilities provides the most cost
effective means of providinJ emergency shelter for the homeless in the CITY.
(c) SUBRECIPIENT shall ensure that any buildinJ or facility is
utilized exclusively for secular purposes an:i is made available to all persons
regardless of religion. If ESGP funls are used to renovate, rehabilitate, or
convert buildinJs owned by primarily religious organization or entities,
SUBRECIPIENTS shall ccmply with the provisions of Title 24, Code of Federal
Regulations, Part 575.2l(b) (2).
(d) SUBRECIPIENT shall ccmply with the Uniform Federal Accessibility
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1 Stamards (24 CFR, Part 40, Appendix "A"), 1tihen activities fun:led by the FSGP
2 involve major rehabilitation or conversion.
3 9. Maintenance as a Haneless Fac:ili tv.
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(a) SUBRECIPIENI' shall maintain any builclirg for which FSGP furrls are
5 used for not less than a three (3) year period, or for not less than a ten
6 (10) year period if the grant llIOOU1'lts are used for major rehabilitation or
7 conversion of the builclirg.
8 (b) '!he three (3) or ten (10) year periods begin to run, (i) on the
9 date of initial occllpancy as an emergency shelter for the homeless 1tihen the
10 builclirg utilized was not operated as an emergency shelter for the homeless
11 before receivin;J FSGP furrls, or; (ii) on the date that FSGP furrls are first
12 obligated to the shelter 1tihen the builclirg was operated as an emergency
13 shelter before receivin;J FSGP furrls.
14 (c) When FSGP furrls are used exclusively to provide essential
15 savices incl\.ld.i.rxJ, rot not limited to, savices concemed with employment,
16 physical or mental health, substance abuse, education, food, equipnent or
17 fumishin;Js, the time periods noted above are not applicable.
18 10. IndeDendent caDacitv.
19 SUBRECIPIENI', an:i its officers, employees an:i agents, shall act in an
20 in:iepen:ient capacity durin;J the term of this Agreement an:i shall not act as,
21 shall not be, nor shall they in any manner be =nstrued to be officers, emplo-
22 yees, or agents of the CITY or the state of California.
23 11. klsianabilitv.
24 SUBRECIPIENI' cannot assign any of its rights, duties or obligations
25 pursuant to this Agreement to any person or entity without the prior written
26 consent of CITY. 'lhis includes the ability to subcontract all, or a portion
27 of, its rights, duties an:i obligations hereurxier.
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12. Insurance.
SUBRECIPIENT shall durin::J the term of this Agreement:
(a) Procure arxi maintain Workers' ~tion Insurance as
prescribed by the laws of the state of Califonlla.
(b) Procure arxi maintain comprehensive general arxi autanobile
liability insurance as shall protect SUBRECIPIENT frcm claillls for damages for
personal injury, including accidental arxi wrorY:Jful death, as well as from
claillls for property damage, which may arise from activities or p.LU\J.LCllnS under
this Agreement, whether such activities or procJraIIIS be by SUBRECIPIENT, by
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 arxi the obligations of SUBRECIPIENT hereun:ler. SU
insurance shall provide for canbined coverage limits of not less than
$1,000,000 per occurrence. \1, ,I.
(c) FUrnish CITY with ~k~f ~ showin::J that such
insurance is in full force arxi effect, arxi that CITY is named as an additional
insured with respect to this Agl:eement arxi the obligations of SUBRECIPIENT
hereun:ler. Further, said policies shall contain the covenant of the insuran
carrier that thirty (30) days written notice will be given to CITY prior to
modification, cancellation or reduction in coverage of such insurance.
13. Hold HaJ:mless.
SUBRECIPIENT shall indemnify arxi hold CITY, its officers, agents,
employees arxi indepen:ient contractors free arxi harmless frcm any liability
whatsoever, including wrorY:Jful death, based or asserted upon any act or
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omission of SUBRECIPIENT, its officers, agents, employees arxi :indepement
contractors in any legal action based upon such alleged acts or omissions.
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1 specific insurance coverage required in Paragra~ 12 shall in no way limit or
2 circumscribe SUBRECIPIENT I S obligation to irxiemnify an:l hold CITY hannless as
3 set forth in this Paragra~ 13.
4 14. Federal Reaui.rsnents.
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(a) SUBRECIPIENT shall c:anply with the provisions of the Act, an:l any
6 arreroments thereto, an:l the federal regulations an:l guidelines n<:l\Y or
7 hereinafter enacted pursuant to the "Act". More particularly, SUBRECIPIENT is
8 to c:anply with those regulations fourrl in Part 575 of Title 24 of the Code of
9 Federal Regulations an:l GlB circulars Numbered A-110 an:l A-ll2, respectively,
10 an:l appropriate attachments for non-profit organization contractors.
11 (b) 'Ihe SUBRECIPIENT represents that it is, or may be, a religious or
12 denominational institution or organization or an organization operated for
13 religious purposes which is supervised or controlled by, or in connection
14 with, a religious or denominational institution or organization.
15 (c) 'Ihe SUBRECIPIENT agrees that, in connection with the services to
16 be provided hereun:ier, (i) it will not discriminate against any employee or
17 applicant for employment on the basis of religion an:l will not limit
18 employment or give preference in employment to persons on the basis of
19 religion; (H) it will not discriminate against any person applyirg for such
20 services on the basis of religion an:l will not limit such services or give
21 preference to persons on the basis of religion; (Hi) it will provide no
22 religious instruction or counseling, con:iuct no religious workshop or
23 services, en;Jage in no religious proselytizing an:l exert no other religious
24 influence in the provision of such services; (iv) the portion of a facility
25 used to provide services assisted, in whole or in part, uOOer this Agreement
26 shall contain no sectarian or religious symbols or decorations, an:l; (v) the
27 fun1s received uOOer this Agreement shall not be used to construct,
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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 a
stnlct:ure used exclusively for non-religious purposes, an:i; =nstitute in
dollar terms only a minor portion of the ESGP expen:iiture for the public
services.
15. OClII:lliance with Law.
SUBRECIPIENT shall CCllIIlly with all federal, state an:i local laws an:i
regulations pertinent to its operation an:i services to be performed hereurxier,
an:i shall keep in effect any an:i all licenses, permits, notices an:i
certificates as are required thereby. SUBRECIPIENT shall further CCllIIlly with
all laws awlicable to wages an:i hours of employnent:, occupational safety an:i
to fire safety, health an:i sanitation.
16. C'nnn'l."8hensive Haneless Assistance Plan.
SUBRECIPIENT shall cooperate with CITY in un1ert:akin;J emergency
shelter grant activities an:i shall assist CITY in can:yirY;J out its Ccllrprehen-
sive Homeless Assistance Plan an:i shall act in oonformity therewith.
17. Non-Discrimination and Eaual ClDPOrtunitv OaIIDliance.
SUBRECIPIENT hereby certifies CCllIIlliance with the followirY;J:
(a) Executive Order Number 11246, as anerrled, an:i the regulations
issued thereun:ler at Title 41, Code of Federal Regulations, aJapter 60;
(b) Title VI an:i Title VII of the civil Rights Act of 1964 (423 U.S.
section 2000(d) et. seq.), as amen:led by the Equal Opportunity Act of March
24, 1972, (Public Law Number 92261);
(c) Title VIII of the civil Rights Act of 1968 (42 U.S.C. sections
3601-3619) an:i iJnplementirY;J regulations issued pursuant thereto (24 CFR, Part
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1 1);
2 (d) Executive Order Number 11063 and iltplementing regulations issued
3 pursuant thereto (25 CFR, Part 107);
4 (e) llge Discr:iJnination Act of 1975 (42 U.S.C., sections 6101-6107);
5 (f) section 504 of the Rehabilitation Act of 1973 (29 U.S.C., Section
6 794), and;
7 (g) Executive Orders Numbered 11625, 12432 and 12138.
8 consistent with HUD's responsibilities un:l.er these Orders, the
9 SUBRECIPIENl' nnlSt make efforts to encourage the use of minority and wcmen
10 owned business enterprises in =nnection with FSGP activities;
11 (h) SUBRECIPIENl' shall establish and maintain a procedure through
12 which hcmeless individuals will be infonned of the facilities and services
13 available to all on a non:iiscr:iJninato~ basis.
14 (i) SUBRECIPIENl' agrees to abide by, and include in any subcontracts
15 to perform 'oIOrk un:l.er this Agreement, the following clause:
16 "D.lring the performance of this Agreement, SUBRECIPIENl' and its
17 subcontractors shall not unlawfully discr:iJninate against any employee or
18 application for employment because of race, religion, color, national origin,
19 al'lCeStty, physical handicap, medical condition, marital status, age (over 40),
20 or sex. SUBRECIPIENl' and subcontractors shall ensure that the evaluation and
21 treatment of their employees and applications for employment are free of such
22 discr:iJnination.
23 SUBRECIPIENl' and subcontractors shall CCIlIply with the provisions
24 of the Fair EntJloyment and Housing Act (Government Code, section 12900 et.
25 seq.). '!he applicable regulations of the Fair EntJloyment and Housing
26 Cammission iltplementing Government Code section 12990, set forth in Olapter
27 five (5) of Division four (4) of Title two (2) of the California Mministra-
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tive Code are incorporated into this Agreement by reference ani made a part
hereof as if fully set forth at len;Jth.
SUBRECIPIENT ani its subcontractors shall give written notice of
their obligations UOOer this clause to labor organizations with which they
have a collective bargaining or other agreement. II
(j) '!he equal opportunity clause contained in section 202 of
Executive Order Number 11246, as amerxied, is hereby incorporated into this
Agreement by this reference.
(k) 0Jrin;j' the perfonnance of this Agreement, SUBRECIPIENT ani its
subcontractors, if arrj, shall not deny the benefits reniered hereun:ier to any
person on the basis of religion, color, etimic group identification, sex, age
or physical or mental disability.
(1) SUBRECIPIENT shall furnish all information ani reports as
require1 by Executive Order Number 11246, as amerxied.
(m) SUBRECIPIENT shall include the non-discrimination ani ~liance
provisions of the equal opportunity clause in all subcontracts, if arrj.
18. Affirmative Action OCIIIDliance.
Each SUBRECIPIENT or subcontractor with less than fifty (50) E!llq:lloyees
shall c:::arply with section 202, Part II, of Executive Order Ill.DI1ber 11246, as
amerxied. SUBRECIPIENT shall ensure that subcontractors, if arrj, fallin;j'
within the scope of this provision shall comply in full with the requirements
thereof.
19. COnflict of Interest.
No person who is (i) an E!llq:lloyee, agent, consultant, officer, or
elected or appointed official of the CITY, state or SUBRECIPIENT that receives
ESGP furrls ani who exercises or has exercised arrj functions or
07-01-91
lab: 3409
13
1 responsibilities with respect to assisted activities, or; (ii) in a position
2 to participate in a decision making process or gain inside information with
3 regard to such activities, may obtain a personal or financial interest or
4 benefit from the activity, or have an interest in any contract, subcontract or
5 agreE!lreI1t with respect thereto, or the proceeds thereun:1er, either for hllnself
6 or herself or those with whom he or she has family or business ties, durirq
7 his or her tenure or for one (1) year thereafter.
8 20. E1iaibilitv of contractors and SUbcontractors.
9 No ESGP furDs allocated to SUBRECIPIENT through this Agreement may be
10 used, directly or irrli.rectly, to enploy, award contracts to, or ot:heI:wise
11 ~ge the services of, or purchase the goods of, or funj any contractor or
12 subcontractor durirq any period of debannent, suspension, or placement in
13 ineligibility status urrler the provision of 24 CFR, Part 4.
14 21. !Bad Based Paint.
15 SUBRECIPIENT and all subcontractors, if any, shall canply with the
16 requirements, as awlicable, of the Lead-Based Paint Poisonirq Prevention Act
17 (42 U.S.C., Section 4821-4846) and ~lementirq regulations issued pursuant
18 thereto (24 CFR, Part 35) .
19 22. Flood Insurance.
20 No site proposed on which renovation, major rehabilitation, or
21 conversion of a buildirq, is to be assisted urrler this part, other than by
22 grant a.JlV:)UI1ts allocated to the state, may be located in an area that has been
23 identified by the Federal Emergency Management Agency as havirq special flood
24 hazards, unless the COIl1lIU.U'li.ty in which the area is situated is participatirq
25 in the National Flood Insurance Program and the regulations issued thereurder
26 (44 CFR, Parts 59-79) or less than a year has passed since the Federal
27 Emergency Management Agency notification regardirxJ such hazards, and the
28
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SUBRECIPIENT will ensure that flocx:l insurance on the structure is obtained in
c:xmpliance with section 102 (a) of the Flocx:l Disaster Protection 1\ct of 1973,
(42 U.S.C., section 4001 et. seq.).
23. Notice.
Arrj notices required or desired to be served by either party upon the
other shall be addressed to respective parties as set forth belOVl (or to such
other addresses as fran time to time may be designated, in writin1, by the
respective parties):
1\8 'ro CITY:
1\8 'ro SUBRECIPIENl':
Kenneth J. Henderson, Executive Director
Developll8llt Department
city of san Bernardino
300 North "D" street, 5th Floor
san Bernardino, CA 92418-0001
ThaDas L. Petersen, Director
The salvation Al'IIIy
P.O. Box 947
san Bernardino, CA 92402
24. Bindina successors.
SUBRECIPIENT, its heirs, assigns am successors in interest shall be
boun:l by all the provisions contained in this 1\greeIlIeIlt, am all of the
parties thereto shall be jointly am severally liable here1.Injer.
25. Assurances.
SUBRECIPIENT certifies that it has the legal authority to enter into
am meet the requirements of this 1\greeIlIeIlt.
26. Entire 1\QreeIDent.
'Ihis 1\greeIlIeIlt is interxied by the parties hereto as the final am
exclusive e>cpression of these provisions contained in this 1\greeIlIeIlt am it
supersedes am replaces any am all prior am conte!l\POraneous agreements am
unders~, oral or written, in connection therewith. 'Ihis Agreement may
be IOOdified or c::haD;Jed only upon the written consent of the parties hereto.
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1 27. No Third Partv Beneficiaries.
2 No third party shall be deemed to have arrj rights hereun:1er against
3 arrj of the parties hereto as a result of this Agreement.
4 IN WI'INESS WHERIDF, the parties hereto have heramto set their haxrls am
5 seals this clay am year first above written.
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i
THE Sl\LVATION ARMY, a California
Corpocation
,~
',/'-,
v,/ ,<<'/'
, Mayor
S.~J..~
Vf4c- President
/
.~
I-~<' /
t.i:jJ
ATTEST
,.." ( !
2~i:\~~"
(? I ' "I
! ,.,. !' t-
J\,~(-",,-I(._c. ~' {L/~~-"..<A.L
, city Clerk f
Approved as to fom and
legal content:
Jl\MES F. PEN!O\N,
city Attorney
BY:~~
./
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lab: 3409
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~\\~ ~\\l'(iu~~
~ . SAN BERNARDINO CORPS 'Hl-h
746 WEST FIFTH STREET e .
P.Q. Bo.X 947
SAN BERNARDINO.. CA 92402
714-888-1337
June 18, 1991
Becky Thurston
Homeless Services Analyst
300 North D Street
San Bernardino, CA 92418
RE: Proposal for 1991-92 ESGP Funding
Dear Ms. Thurston,
I have listed below our proposal for city funding through
your office. I are requesting $23,000.00 to cover
Emergency/Homeless Shelter operating expenses for fiscal
year 1991-1992. I understand that the money received
from the City of San Bernardino must be matched by other
funding sources.
Facility Cook
Sa.lvation
Total Army
Expense Portion ESGP Po!"t:.o::
---------- ---------- ----------
15,000.00 7,500.00 7,500.00
10,000.00 5,000.00 5,000.00
18,500.00 9,250.00 9,250.00
500.CO 250.00 250.00
Maintenance/Janitorial
Utilities
Furnishings
Food
2,000.00
1,000.00
1,000.00
Total:
46,000.00 23,000.00 23,000.00
---------- ---------- ----------
---------- ---------- ----------
Thank you for your interest i~ our ongoing programs.
Kind Regards,
./TV"\. ~
Captai~ Tom Petersen
TLP:eol
EXHIBIT "A"
The Salvation Army
Southern California Divisional Headquarters
900 West Ninth Street. P.O. Box 15899 Del Valle Station
Los Angeles, California 90015-0899' (213) 627-5571
WILLIAM BOOTH, Founder
EVA BURROWS, General
PAUL A. RADER, Territorial Commander
DAVID P. RILEY, Divisional Commander
Founded in 1865
August 5, 1991
!fD)U~IIUC
IJi] - 6 1991 W
~. ECONOMIC DEVELOPMENT
AGENCY
Kenneth J. Henderson, Executive Director
Development Department/Secretary to the
Community Development Commission
Leslie A. Bond, Staff Assistant
CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT
300 North D Street, Fourth Floor
San Bernardino, California 92418
AGENCY
RE: SAN BERNARDINO - EMERGENCY SHELTER GRANT PROGRAM
Dear Mr. Henderson:
Enclosed please find four (4) copies of above referenced
documents which have been executed by officers of our
Corporation.
We call your attention to page 9; we have identified
that we furnish Certificates of Insurance, not polices,
which we have also enclosed.
sincerely yours,
- (2c~(er )~<6_c '
Rudy Hedgren (ei)
MAJOR
DIVISIONAL SECRETARY
RH:cl
Enclosures
CERTIFICATE OF INSURANCE
INSURED:
THE SALVATION ARMY
A CALIFORNIA CORPORATION
308~0 HAWTHORNE BOULEVARD
RANCHO PALOS VERDES, CA 9027~
CERTIFICATE HOLDER:
CITY OF SAN BERNARDINO
DEVELOPMENT DEPARTMENT
ATTN: KENNETH HENDERSON
300 NORTH "0" STREET 5TH FLOOR
SAN BERNARDINO, CA 92418-0001
INSURANCE COMPANY:
INDUSTRIAL INDEMNITY
POLICY NUMBER:
COMMERCIAL GENERAL LIABILITY NH9024780
AUTOMOBILE LIABILITY NB9024?81
POLICY TERr~:
OCTOBEI, 1, 1990 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.
Llr~ITS :
$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
TH I S COVER,b,GE
,A,N D LI ~1Ir.b,1' I ON S
OTHERWISE.
IS SUBJECT TO ALL TERMS, CONDITIONS, PROVISIONS, EXCLUSIONS
OF THE DESCRIBED POLICY, WHETHER SHOWN BY ENDORSEMENT OR
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER
DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE IS ISSUED, THE INSURANCE
AFFORDED BY THE POLICY LISTED IS SUBJECT TO ALL THE TERMS OF SAID POLICY.
SHOULD THIS POLICY BE CANCELLED, ,A,SSIGNED OR M,A,TERIALLY CH,", "'<',I\!G 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 00 SO.
AS RESPECTS TO PROVIDE EMERGENCY SHELTER SERVICES
::';::':;::,,~:,," ',,: ::::::' _~~"_:'~,~4i=_------
LOCATION CDDE:_ll=11Q_________ SEDGWICK JAMES OF CALIFORNIA INC.
~
J,A,MES
--~~66~iBR-J~~~~-6~-B~[Y~6~~Y~-Y~B:;--~:-6:-~6~-~~6~:-~~~-~~~~Bi~B6:-B~-~i~20
Tel: (415) 433-1440 Telex: 820236
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
ATTN: KENNETH HENDERSON
300 NORTH "0" STREET 5TH FLOOR
SAN BERNARDINO, CA 92418-0001
--.---............-..---.....--...---.---...-.-..-.-----.......-----......----..-......--...----.----.......---.---.--.-.--
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
CO~IMENCING: JULY I, '1991 THROUGH JUNE 30, 1992
....-..-..---.........0_.._-----------------.--...--..-----------.-----.------------.--.------.----------------
COVERAGE:
COI~PANY :
POLICY 11:
Llf~ITS
TERM
EXCESS WORKERS' COMPENSATION
EMPLOYERS REINSURANCE CORPORATION
C-22509R
$5,000,000 EXCESS SELF-INSURED RETENTION OF $275,000
OCTOBER '1,1990 THROUGH OCTOBER 1, 1991
.-..--..---...-...-..--.....--.--..----.---.--.-..----.-.-.--.---.--.-.-----.--.-.-.-.---.--.---------------------_.-
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.
OA ", ... 'W'''L--.. __.._ 5>""'" "" ____ _~~~:______... ,,--
LOCATION CODE: .l:L=.LUL..____. SEDGWICK JAMES OF CALIFORNIA INC.