HomeMy WebLinkAbout1991-298
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RESOLI71'IClN NUMBER 91-298
RESOLI71'IClN OF TIlE ~YOR AND CXIHlN CDUN::IL OF TIlE CITY OF Sl\N BERNMDnD
AU'lH)RJ:ZIm AND D.u<&:J:.uIl TIlE EXECllTIClN OF AN ~ 8HEII1'ER GlU\Nl' FUNDIm
llGREEMENl' .tiI5".Lw"",,", THE CITY OF Sl\N BERNMDnD AND FRAZEE CXI!MlDlITY CENl'ER.
BE IT RESOLVED BY THE ~YOR AND CXIHlN OOUH::IL OF THE CITY OF
section 1.
a) '!he Mayor of the city of San Bernardino is hereby authorized arxl
directed to execute on behalf of the City an agreement for FY 1991/1992
Emergency Shelter Program Grant fun:J.in;J with the Frazee Camrmmity Center,
which agreement is annexed hereto as Exhibit "1", arxl is incorporated herein
by reference as though fully set forth at length. '!he agreement provides for
the grantiIg of Emergency Shelter Grant fun:ls in the aIOOUI1t of $20,000.00.
section 2.
a) '!he authorizations to execute the above referenced agreement is res-
cin:J.ed if the parties to the agreement fail to execute it within sixty (60)
sixty days of the passage of this resolution.
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RESOLUTION AUTJl)RIZIN3 AND DIllEla1'IN3 THE EXECUTION OF AN
~ SHELTER PRJGlU\M GIlANl' FONDIN3 1lGREEMENl' BE'lWEEN CITY
AND FRAZEE a:MMIlNITY CENTER.
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2 I HEREBY CERI'IFY that the foregoin;J resolution was duly adopted by the
3 Mayor am Ca1Illv:>n 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:
, 1991, by the followin;J
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COImCil Members
AYES
NAYS
ABS'E\IN
E'S'rnAI:lA
x
REILLY
x
HERNANDEZ
x
MAUDSIEY
x
MINOR
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mPE-IIJDIAM
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MILLER
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I~ c ,.;IV,
, "LtA-,:j'~ I V "'cA.,
" City Clerk
"'"'1/
J
The foregoin;J resolution is hereby approved this 5th day of July
1991.
/// ~------
W.R. , Mayor
City 0 san Bernardino
~roved as to form am
legal content:
JJ\MES F. PENMl\N,
City Attorney ~
By: ~/Jt~ ~0
~/
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1lGREEMEN1' FOR USE OF ~ SHELTER GIWn' FU!lIlS
'!HIS AGREEMENT, entered into this ~ day of
July
, 1991, by and
between the CITY OF SAN BERNARDINO, (hereinafter referred to as "CITY") and
FRAZEE cnlMDNITY CENTER, a California non-profit corporation, (hereinafter
referred to as "SUBRECIPIENT");
:!fI'l'I!'I;~~I;'l'1J
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"), CITY has been awarded EmeJ:gency Shelter Grant Program ("FSGP") funds
which are to be used to iJtprove the quality of existin;J E!lll8l:gency shelters fOL
the haneless, to help make available additional E!lll8l:gency shelters, and to
help meet the costs of operatin;J E!lll8l:gency she! ters and of provic:lin;J certain
essential social services to homeless irxlividuals, and;
WHEREAS, CITY is authorized to contract with non-profit corporations for
the use of FSGP funds to provide various services for hane1.ess individuals,
and;
WHEREAS, SUBRECIPIENT as a non-profit corporation, is eligible under the
"Act" to receive FSGP funds to provide those services as described herein.
NCM, 'Iht;t(EE0RE, the parties hereto do IllUtually agree as follC7NS:
1. Tenn.
The term of this Agreement shall be for a period commencin;J on the
July 1, 1991, and terminatin;J on June 30, 1992, or as otheJ:wise as provided
for in Paragraph 5 herein.
2. SCOPe of services.
SUBRECIPIENr promises and agrees to provide certain E!lll8l:gency shelter
grant program services for homeless persons by utilizin;J the sum of $20,000.OC
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EXHIBIT "t"
1 in ESGP funds, as set forth in the manner provided in Exhibit "A" which is
2 attached hereto, ani by this reference, inoorporate:l herein. SUBRECIPIENT
3 shall also provide haneless .in::lividuals with assistance in obtaining (i)
4 appropriate supportive services, including pennanent housing, physical health
5 treatJnent, mental health treatment, counseling, supervision, ani other
6 services essential for achieving irrlepen:1ent living, ani; (ii) other federal,
7 state, local ani private assistance provided hereun:ler shall be in full
8 conformity with the "Act", ani any amerrlments thereto, ani the federal regula-
9 tions ani guidelines roN, or hereinafter enacted pursuant to the "Act".
10 3. Matchincr Funds.
11 SUBRECIPIENT IIUlSt supplement its emergency shelter grant am:lUI1ts with
12 an equal ano.mt of funds from sources other than those provided herein.
13 funds IIUlSt be provided after the date of the grant award to the SUBRECIPIENT.
14 SUBRECIPIENT may comply with this requirement by providing the supplemental
15 funds itself, or through supplemental funds or voluntary efforts or gifts in
16 kirrl provided to SUBRECIPIENT, as appropriate.
17 4. Caloulatincr the Matchincr l\mount.
18 In calculating the ano.mt of supplemental funds, there may be includ
19 the value of any donate:l 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 she1
22 grant program; ani the time ani services =ntribute:l by volunteers to carry
23 out the emergency shelter grant program determined at the rate of $5.00 per
24 hour. For purposes of this Paragraph 4, the SUBRECIPIENT, upon written
25 = of the Executive Director of the Development Department ("Direc-
26 tor), will determine the value of any donate:l material or building(s), or any
27 lease(s), or furnishings ani equipment using any method reasonably calculate:l
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to establish a fair market value.
5. TeJ:mination.
(a) Either party may terminate this Agreement upon thirty (30) days
prior written notice to the other party.
(b) Notwithst:amin;J the provisions of Paragraph 5(a), CITY may
suspen:l 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 convenants herein contained; (H)
in the event there is a conflict with arrj federal, state or local law,
ordinance, regulation or role rerrlering arrj of the provisions of this
Agreement invalid or untenable, or; (Hi) in the event the furrling frcan the
united states Department of Housing and Urban Developnent (HOD), referred to
in the recitals herein, is reduced, terminated or otherwise becomes un-
available. CITY shall provide written notice to SUBRECIPIENT within ten (10)
working days from the date HOD reduces, suspen:ls ?r terminates the ESGP
furrling. 'lhi.s Agreement may, at the discretion of the Executive Director of
the Developnent Department, be either terminated or amerxied to reflect said
reduction of funds.
(c) Upon termination of this Agreement, SUBRECIPIENT agrees to
arrj unencumbered funds which it has been provided by CITY. In accepting said
funds, CITY does not waive arrj claim or cause of action it may have against
SUBRECIPIENT for breach of this Aqreernent.
(d) Upon termination of this Agreement, SUBRECIPIENT shall not incur
arrj obligations after the effective date of such termination, unless expressl
authorized in writing by CITY of the notice of termination.
(e) ~ provisions for inspection and audits relative to the
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1 expexxtiture of furrls provided for hereurrler shall not be erxied upon the date
2 of arr:l termination but shall continue thereafter as specified herein.
3 6. Pavment of Funds.
4 'Ihe Mayor am Cammon Council of the CITY shall determine the final
5 disposition am distribution of all furrls received by CITY urrler the "Act".
6 CITY, through its Development DepartIlent, shall make payments of ESGP furrls to
7 SUBRECIPIENT for the purposes set forth in Exhibit "A" am shall monitor the
8 expexxtiture of furrls am activities of SUBRECIPIENT to ensure compliance with
9 applicable federal regulations am the terms of this Agreement. SUBRECIPIENT
10 shall establish am maintain a separate a=unt for all ESGP furrls received
11 urrler this Agreement am deposit all such furrls in said a=unt.
12 All disbursements of grant furrls by the DeveloplElt Department will be
13 made in the followin;J manner:
14 (a) Payments shall be made on a reilnburseIrent basis am made within
15 thirty (30) days after the SUBRECIPIENT has submitted written notice
16 identifyin;J payments made am requestin;J rei.mburseIrent. Payments shall be
17 based on dOCl.nllel1ted expenses by SUBRECIPIENT, approved by the Executive
18 Director of the Development DepartIlent, or designee.
19 (b) One (1) advance payment may be granted to SUBRECIPIENT in such
20 am:JUnt am at such tiIne as deteJ:1ni.ned by the Executive Director of the
21 DeveloplElt, DepartIlent, not to exceed $5,000.00, .menever he/she finds that a
22 need for same is properly dOCI.nIleI1ted am otherwise consistent with the pur
23 poses of the grant.
24 (e) In no event shall CITY, or arr:l of its officers, agents or
25 employees, be held liable for expenses incurred by SUBRECIPIENT in excess of
26 the ESGP allocation noted in ParagraID 2, entitled "Scope of Services".
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(d) Payments may be withheld if, on a determination by the Director
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of the Developnent Department, SUBRECIPIENT has not catplied with the co-
venants herein contained at such tilnes, 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 COO with its
estimate of the annmt of furDs which will remain unexpended upon such
termination.
Notwithstanding any provisions contained in this Paragraph 6, CITY,
through its Executive Director of the Developrent Department, shall there-
after, upon reasonable notice provided to SUBRECIPIENT, have the right to (i)
reduce the payment of furDs hereunder, (ii) renegotiate the actual levels of
experrli.tures in the event SUBRECIPIENT'S rate of experrli.tures will result in
unexpended furDs at the expiration of this Agreement, anJ/or; (iii) re-p
furDs associated with a project in which the Executive Director of the
Development Department fims there has been no substantial progress or
activity .
7. Documentation. ReDorts. InsDecti.ons and Perfomance Evaluations.
(a) Documentation of ExPerxiitures. All experrli.tures supported by
properly executed payrolls, time records, invoices, contracts, vouchers,
receipts, orders and any other accountin;J dOCLnl1entation pertainin;J, in whole
or in part, to this Agreement, shall be clearly identified and readily
accessible. SUBRECIPIENT shall maintain and keep available all such d
for a period of not less than three (3) years from the termination of this
Agreement, if a CITY, state anJ/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 fran said date if such audit has not occurred. In the event of
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1 audit exception, such doc::I.mentation shall be maintainai tmtil every exception
2 has been cleared to the satisfaction of the auclitin;J authority.
3 (b) Reoorts. SUBRECIPIEm', at such times an:i on such foD1lS as CITY
4 may require, shall fun1i.sh CITY such statements, records, reports, data an:i
5 infonnation as CITY may request pertainin:J to its perfonnance of services
6 hereun:ier an:i other matters covere1 by this 1\greeIIlent. SUBRECIPIEm' shall
7 establish an:i maintain records in accx>rdance with the Office of Management an:i
8 axiget (ctoIB) circulars Numbered A-no an:i A-n2, respectively, as awlicable
9 to the acceptance an:i use of emergency shelter grants.
10 (c) Insoections. SUBRECIPIEm' shall make available to CITY, state
11 aro;or federal officials its records an:i data with respect to all matters
12 covere1 by this Agreement for inspection an:i audit, which inspection an:i audit
13 may be made at any time after reasonable notice. SUBRECIPIEm' shall comply
14 with the audit requirements of ctoIB Circular Number A-nO, as awlicable, an:i
15 as they relate to the acceptance an:i use of federal furrls un:ier this Agree-
16 ment.
17 (d) Perfonnance Evaluations. SUBRECIPIEm' shall permit CITY, state
18 aro;or federal officials to nonitor, assess or evaluate SUBRECIPIEm"S
19 perfonnance un:ier this Agreement on at least a IIOnthly basis, said IIOnitorin;J,
20 assessment or evaluation to include, but not be liJni.ted to, audits, inventory,
21 inspections within the program area, an:i interviews with SUBRECIPIEm"S em-
22 ployees, agents, .in:lependent contractors an:i subcontractors, providin:J the
23 services un:ier this 1\greeIIlent an:i recipients thereof.
24 (e) '!his Agreement conteIrplates that the SUBRECIPIEm' will pay
25 salaries, utilities an:i fun1i.shin:Js with the IIOnies provided in accx>rdance
26 with Exhibit "A" an:i Section 2 of this Agreement. SUBRECIPIEm' has identified
27 two (2) positions which salaries are to be paid in part with ESGP furrls und
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this l\greeIIlent, am are identified herein as: (i) MainteJ'lancejJanitorial,
am; (ii) Facility Cook.
8. Bui1di.nq or Facili tv.
(a) l>urj bui1din;J for which ~ency shelter grant aoounts are used
for renovation, conversion, or major rehabilitation, IlU.lSt meet local safety
am sanitation stan:1ards.
(b) When ESGP fun:ls are utilized to provide ~ency shelter for the
haneless in hotels or Jrote1s or other commercial facilities providin;J
transient housing, (i) SUBRECIPIENT, at the request of CITY, shall execute an
l\greeIIlent with the provider of such housing which provides that c:x.:mparab1e
living space, in terms of quality, available in the facility for use as
~ency shelters for at least the same period of time as provided in Para-
graph 9 herein, am; (ii) leases negotiated between SUBRECIPIENT am the
provider of such housing shall make available such living space at
substantially less than the daily roam rate otherwise charged by the facility,
am; (iii) SUBRECIPIENT shall certify, in writing, to City that it has
considered using other facilities as ~ency shelters, am has detennined
that the use of such living space in the facilities provides the IrCSt cost
effective means of providin;J ~ency shelter for the haneless in the CITY.
(c) SUBRECIPIENT shall ensure that any buildin;J or facility is
utilized exclusively for secular pmposes am is made available to all persons
regardless of religion. If ESGP fun:ls are used to renovate, rehabilitate, or
convert bui1din;Js owned by prilllarily religious organization or entities,
SUBRECIPIENTS shall comply with the provisions of Title 24, Code of Federal
Regulations, Part 575.21(b) (2).
(d) SUBRECIPIENT shall comply with the unifonu Federal Accessibility
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1 Stan:1ards (24 CFR, Part 40, Apperrlix nAn), when activities :EunJed by the ESGP
2 involve major rehabilitation or oonversion.
3 9. Maintenance as a Haneless Facilitv.
4 (a) SUBRECIPIENT shall maintain any buildi.n:] for which FSGP funjs 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 aJlPllIlts are used for major rehabilitation or
7 oonversion of the buildi.n:].
8 (b) '!he three (3) or ten (10) year periods begin to run, (i) on the
9 date of initial occupancy as an emergency shelter for the homeless when the
10 buildi.n:] utilized was not operated as an emergency shelter for the homeless
11 before receivin;J FSGP funjs, or; (ii) on the date that FSGP funjs are first
12 obligated to the shelter when the buildi.n:] was operated as an emergency
13 shelter before receivin;J FSGP funjs,
14 (c) When FSGP funjs are used exclusively to provide essential
15 services includi.rg, but not limited to, services concemed with ~loyment,
16 ~ysica1 or mental health, substance abuse, education, food, equipnent or
17 furnishin;Js, the time periods noted above are not applicable.
18 10. IndeDendent C8Dacitv.
19 SUBRECIPIENT, and its officers, ~loyees and agents, shall act in an
20 imeperxient capacity durin;J the tenn of this 1\greeIIIel1t and shall not act as,
21 shall not be, nor shall they in any manner be construed to be officers, emplo-
22 yees, or agents of the CITY or the State of California.
23 11. Assicmabilitv.
24 SUBRECIPIENT cannot assign any of its rights, duties or obligations
25 pursuant to this 1\greeIIIel1t to any person or entity without the prior written
26 consent of CITY. 'Ibis includes the ability to subcontract all, or a portion
27 of, its rights, duties and obligations hereurrler.
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12. Insurance.
SUBRECIPIENT shall durin:J the tenn of this Agreement:
(a) Procure am. maintain Workers' CoIlp3nSation Insurance as
prescribed by the laws of the state of California.
(b) Procure am. maintain CClllIlrehensi ve general am. automobile
liability insurance as shall protect SUBRECIPIENT fran clailns for damages for
personal injmy, including accidental am. w.Lollgful death, as well as fran
clailns for property damage, which may arise fran activities or programs under
this Agreement, whether such activities or programs be by SUBRECIPIENT, by any
subcontractor or by any officer, employee or agent of either of them.
Such insurance shall naIre CITY as an additional insurErl with
respect to this 1\greemeJ1t am. the obligations of SUBRECIPIENT hereunder.
insurance shall provide for cambined coverage limits of not less than
$1,000,000 per occurrence.
(c) F\nni.sh CITY with policies of insurance showin:J that such
insurance is in full force am. effect, am. that CITY is named as an additional
insurErl with respect to this Agreement am. the obligations of SUBRECIPIENT
hereunder. Further, said policies shall contain the covenant of the insurance
carrier that thirty (30) days written notice will be given to CITY prior to
IlICldi.fication, cancellation or re:iuction in coverage of such insurance.
13. Hold HaDnless.
SUBRECIPIENT shall i.rxiemnify am. hold CITY, its officers, agents,
employees am. independent contractors free am. hannless iran any liability
whatsoever, includin:J wrongful death, based or asserted upon any act or
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omission of SUBRECIPIENT, its officers, agents, employees am. independent
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contractors in any legal action based upon such alleged acts or omissions.
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1 specific insurance coverage required in Paragraph 12 shall in no way limit or
2 circumscribe SUBRECIPIENT I S obligation to in:iemnify am hold CITY hannless as
3 set forth in this Paragraph 13.
4 14. Federal Reauirements.
5 (a) SUBRECIPIENT shall comply with the provisions of the Act, am any
6 amen:hrents thereto, am the federal regulations am guidelines rJON or
7 hereinafter enacted pursuant to the "Act". More particularly, SUBRECIPIENT is
8 to comply with those regulations fCJUIrl in Part 575 of Title 24 of the Code of
9 Federal Regulations am CMB circulars Numbered A-110 am A-1l2, respectively,
10 am appropriate attachments for non-profit organization contractors.
11 (b) '!he SUBRECIPIENT represents that it is, or may be, a religious or
12 denominational institution or organization or an organization operated for
13 religious p.lrposes which is supervised or controlled by, or in connection
14 with, a religious or denominational institution or organization.
15 (c) '!he SUBRECIPIENT agrees that, in connection with the services to
16 be provided hereurxl.er, (i) it will not discriminate against any employee or
17 applicant for employment on the basis of religion am will not limit
18 employment or give preference in employment to persons on the basis of
19 religion; (ii) it will not discriminate against any person applyirxJ for such
20 services on the basis of religion am will not limit such services or give
21 preference to persons on the basis of religion; (iii) it will provide no
22 religious instruction or counselirxJ, con:iuct no religious workshop or
23 services, ~e in no religious proselytizirxJ am 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, un:ier this Ag.Leement
26 shall contain no sectarian or religious symbols or decorations, am; (v) the
27 fuOOs received umer 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
structure used exclusively for non-religious purposes, am; constitute in
dollar tenns only a minor portion of the ESGP eJq:leI'Xtiture for the public
services .
15. Chnnliance with Law.
SUBRECIPIENT shall comply with all federal, state am local laws am
regulations pertinent to its operation am services to be perfo:rmed here1Jrxier,
am shall keep in effect any am all licenses, penni.ts, notices am
certificates as are required thereby. SUBRECIPIENT shall further comply with
all laws awlicable to wages am hours of employment, occupational safety am
to fire safety, health am sanitation.
16. Cc:lIBJrehensive Haneless Assistance Plan.
SUBRECIPIENT shall cooperate with CITY in urrlertakin;J E!IIl&gency
shelter grant activities am shall assist CITY in can:y~ out its Cali>rehen-
sive Halreless Assistance Plan am shall act in confonnity therewith.
17. Non-Discrimination and Eaual ODDorbmitv Cc:lIBJliance.
SUBRECIPIENT hereby certifies compliance with the follOll/~:
(a) Executive Order Number 11246, as amenjed, am the regulations
issued thereun1er at Title 41, Code of Federal Regulations, OIapter 60;
(b) Title VI am Title VII of the civil Rights Act of 1964 (423 U.S.C
section 2000(d) at. seq.), as amenjed by the Equal Opportunity Act of March
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24, 1972, (Public Law Number 92261);
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(c) Title VIII of the civil Rights Act of 1968 (42 U.S.C. sections
3601-3619) am i.nplement~ regulations issued pursuant thereto (24 CFR, Part
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1 1);
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(d) Executive Order Number 11063 am ilrplementin; regulations issued
3 pursuant thereto (25 CFR, Part 107);
4 (e) Age Dis=: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), am;
7 (g) Executive Orders Numbered 11625, 12432 am 12138.
8 Consistent with RUDIs responsibilities urrler these Orders, the
9 SUBRECIPIENT nuJSt make efforts to encourage the use of minority am 'NalleI'I
10 owned business enterprises in connection with FSGP activities;
11 (h) SUBRECIPIENT shall establish am maintain a procedure through
12 which homeless irrlividuals will be infonned of the facilities am services
13 available to all on a norxiis=:iJninatory basis.
14 (i) SUBRECIPIENT agrees to abide by, am include in arrj subcontracts
15 to perform 1NOrk urrler this Agreement, the followin; clause:
16 "Olrin; the performance of this Agreement, SUBRECIPIENT am its
17 subcontractors shall not unlawfully dis=:iJninate against arrj employee or
18 awlication for employment because of race, religion, color, national origin,
19 ancestry, physical harrlicap, medical corxlition, marital status, age (over 40),
20 or sex. SUBRECIPIENT am subcontractors shall ensure that the evaluation am
21 treatment of their employees am applications for employment are free of such
22 dis=:iJnination.
23 SUBRECIPIENT am subcontractors shall CCIII1ply with the provisions
24 of the Fair Ellployment am Housin; Act (Government Code, Section 12900 et.
25 seq.). The applicable regulations of the Fair Ellployment am Housin;
26 Calmnission ilrplementin; Govemment Code section 12990, set forth in Chapter
27 five (5) of Division four (4) of Title two (2) of the California Mministra-
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tive COde are inco:rporat.ed into this Agreement by reference am made a part
hereof as if fully set forth at length.
SUBRECIPIENT am its subcontractors shall give written notice of
their obligations un:ler this clause to labor organizations with which they
have a collective barga:ini.n;J or other agreerrent."
(j) '!he equal opportunity clause contained in Section 202 of
Executive Order Number 11246, as amerxied, is hereby inco:rporat.ed into this
Agreement by this reference.
(k) Dlring the perfonnance of this Agreement, SUBRECIPIENT am its
subcontractors, if arry, shall not deny the benefits rerDered hereun:ler to any
person on the basis of religion, color, ethnic group identification, sex, age
or physical or mental disability.
(1) SUBRECIPIENT shall furnish all infonnation am reports as
required by Executive Order Number 11246, as amerxied.
(m) SUBRECIPIENT shall include the non-discrimination am CClllpliance
provisions of the equal opportunity clause in all subcontracts, if arry.
18. Affinnative Action Chnnliance.
Fach SUBRECIPIENT or subcontractor with less than fifty (50) enployees
shall CClllply with section 202, Part II, of Executive Order mnnber 11246, as
amerxied. SUBRECIPIENT shall ensure that subcontractors, if arry, falling
within the scope of this provision shall CClllply in full with the requirements
thereof.
19. COnflict of Interest.
No person who is (i) an employee, agent, consultant, officer, or
elected or awoint.ed official of the CITY, state or SUBRECIPIENT that receives
ESGP funjs am who exercises or has exercised arry functions or
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1 responsibilities with respect to assisted activities, or; (ii) in a position
2 to participate in a decision maki.n:J process or gain inside infonnation 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, suJ:x:ontract or
5 agreement with respect thereto, or the procee:ls thereurxier, either for himself
6 or herself or those with whom he or she has family or business ties, dur:irq
7 his or her tenure or for one (1) year thereafter.
8 20. Eli<rlbilitv of Contractors and SUboontractors.
9 No ESGP f'L1ms allocated to SUBRECIPIENT through this 1\greeIlIent may be
10 used, directly or in:lirectly, to enploy, award contracts to, or otherwise
11 en;Jage the services of, or purchase the goods of, or fun:i any contractor or
12 suJ:x:ontractor dur:irq any period of debannent, suspension, or placement in
13 ineligibility status under the provision of 24 CFR, Part 4.
14 21. Lead Based Paint.
15 SUBRECIPIENT am all suJ:x:ontractors, if any, shall cauply with the
16 requi.re!rents, as applicable, of the lead-Based Paint Poison:irq Prevention Act
17 (42 U.S.C., Section 4821-4846) am inplement:irq regulations issued ~
18 thereto (24 CFR, Part 35).
19 22. Flood Insurance.
20 No site proposed on which renovation, major rehabilitation, or
21 =nversion of a build:irq, is to be assisted under this part, other than by
22 grant amounts allocated to the state, may be located in an area that has been
23 identified by the Federal Elrergency Management l\genay as hav:irq special flood
24 hazards, unless the cammuni.ty in which the area is situated is participat:irq
25 in the National Flood Insurance Program am the regulations issued thereurrler
26 (44 CFR, Parts 59-79) or less than a year has passed since the Federal
27 Elrergency Management l\gency notification regarding such hazards, am the
28
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SUBRElCIPIENT 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.).
23. Notice.
Mrj notices required or desired to be sexved by either party upon the
other shall be addressed to respective parties as set forth below (or to such
other addresses as fran time to time may be designated, in writ:in], by the
respective parties):
1\8 'ro CITY:
1\8 'ro SUBRECIPIENl':
Kenneth J. Henderson, EKecutive Director
Developn-ent Department
City of San Bernardino
300 North ''1)1' street, 5th Floor
San Bernardino, CA 92418-0001
Nedra Wallace, Exec. Directo
Frazee Cammunity Center
1140 West Mill street
San Bernardino, CA 92412
24. B:indi.ncr SUccessors.
SUBRECIPIENT, its heirs, assigns and successors in interest shall be
bolJnj by all the provisions contained in this Agreement, and all of the
parties thereto shall be jointly and severally liable hereumer.
25. Assurances.
SUBRElCIPIENT certifies that it has the legal authority to enter into
and Ireet the requirements of this Agreement.
26. Entire l\Qreement.
'Ihis Agreement is interxied by the parties hereto as the final and
exclusive expression of these provisions contained in this Agreement and it
supersedes and replaces any and all prior and contemporaneous agreements and
un:ierstandings, oral or written, in connection therewith. 'Ihis Agreement may
be modified or changed 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 any rights hereurrler against
3 any of the parties hereto as a result of this Agreement.
4 IN WI'INFSS WHEREOF, the parties hereto have hereunto set their hands and
5 seals this day and year first above written.
6
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FRAZEE CXHroNITY CENTER
R}::zJj/1
.~['" )17 /Ltul t'/<--<-jc1/
. Assistant Secretary
Frazee Community Center
1140 West Mill Street. P.O. Box 8250
San Bernardino. CA 92412-8250
(714) 889-4424
June 20, 1991
Ms. Becky Thurston
Homeless Services Analyst
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
~ar Ms. Thurston;
I have listed below our Proposal for the City funding through your office.
We are requesting $20,000 in Emergency Shelter Grant Program Funds, to cover
our Shelter Operating expenses.
(
We understand the money received from the City of San Bernardino must be
matched by other funding sources.
5- Food
City
$2,210
3,580
3,600
2,000
$ 5,010
20,000
Frazee
1- Facauility Cook
In kind match
2,210
2- Janitorial Maintenance
3,580
3,600
In kind match
2,000
In kind match/one half
5,010
20,000
3- Utilities
4- Furnishings
Sincerely;
~~~/~
Nedra Wallace
Executive Director
EYll.IRTT ,"A"
A social service agency oj the Riverside District oj the United Methodist Church
A United Way Agency