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HomeMy WebLinkAbout1990-354 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NUMBER ~-3.:)1 # . RESOLUTION OF THE CITY OF SAN llERmUIDINJ AUTHORIZIm AND DIRE:C:l'Im THE EX!lCt1l'ION OF AN EME:llGEN::Y SHELTER GRAN1' FllNDIm 1lGREEMENl' BETIiEEN THE CITY OF SAN llERmUIDINJ AND THE SALVATION ARMY. BE IT RESOLVED BY THE Ml\.YOR AND CXlM!DN cx:lUH:r.[L OF THE CITY OF Section 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of the City an agreement for Emergency Shelter Grant funding with the Salvation Anny, which agreement is annexed hereto as Exhibit "1", and is incorporated herein by reference as though fully set forth at length. The agreement provides for the granting of Emergency Shelter Grant funds in the amount of $43.000.00. Section 2. The authorizations to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) sixty days of the passage of this resolution. I HEREBY CERI'IFY that the foregoing resolution was duly adopted by the Mayor and Cormnon Council of th. e city of San Bernardino at a /t~..eJ meeting thereof, held on the..(Qtiday of ~tUr 1990 by e following vote, to wit: i' IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII IIII 8-06-90 1 , RESOLUTION AUTHORIZING AND DIRECrING THE EXECUTION OF AN EMERGENCY SHELTER GRANT FUNDING 1IGREEMENl' BETWEEN CITY AND SALVATION ARMY 1 2 3 4 5 6 7 8 9 I HEREBY CERI'IFY that the foregoing resolution was duly adopted by the Mayor and Corrnnon Council of the city of San ~ino at a ./r meeting thereof, held on the :?JJ-daY of t&~ ,1990, by the following vote, to wit: Colmcil Manbers ESTRADA A/ / Nl\.YS ABSTAIN REIILY FlDRFS 10 MAUI'6lEY / - 11 MINOR / 12 roPE-WDIAM / 13 MILlER ./ 14 15 16 17 18 19 1990. 20 21 C42~ULd. /fY~'-"-^J-- City Clerk r.r-- The foregoing resolution is hereby approved this M day of @(cJ,u{ , f 22 I 23 Approved as to fom and 24 legal content: 25 JAMES F. PEN!mN, City Attomey 26 ~7 p~ 27 1 V, 498 28 8-06-90 2 _.~~-) /--:.-------- (' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1\GREEMEN1' FOR USE OF ~ SHELTER GRAN!' FUNDS THIS AGREEMENT, entered into this 2.p"Tdayof tlW1UvJf:, 1990, by and (j between the CITY OF SAN BERNARDINO, (hereinafter referred to as "CITY") and THE SALVATION ARMY, a California non-profit co:rporation, (hereinafter referred to as "SUBRECIPIENT"); lfl l' !f ~ !H! ~ l' II 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 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 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 co:rporations for the use of ESGP funds to provide various services for homeless individuals, and; WHEREAS, SUBRECIPIENT as a non-profit co:rporation, is eligible under the "Act" to receive ESGP funds to provide those services as described herein. NOO, THEREFORE, the parties hereto do mutually agree as follows: 1. Tenn. The tenn of this Agreement shall be for a period commencing on the 21st day of August, 1990, and tenninating on August 20, 1991, or as otherwise as provided for in Paragraph 5 herein. 24 2. Seope of services. 25 SUBRECIPIENT promises and agrees to provide certain emergency shelter 26 grant program services for homeless persons by utilizing the SUIll of $43,000.00 27 in FSGP funds, as set forth in the manner provided in Exhibit "A" which is 28 8-06-90 1 EXHmIT "I" 1 attached hereto, and by this reference, incorporated herein. SUBRECIPIENT 2 shall also provide homeless individuals with assistance in obtaining (i) 3 appropriate supportive services, including pennanent housing, physical health 4 treatment, mental health treatment, counseling, supervision, and other 5 services essential for achieving independent living, and; (ii) other federal, 6 state, local and private assistance provided hereunder shall be in full 7 confo:rmity with the "Act", and any amendments thereto, and the federal regula- 8 tions and guidelines naN, or hereinafter enacted pursuant to the "Act". 9 3. Matchincr Flmds. 10 SUBRECIPIENT must supplement its emergency shelter grant annmts with 11 an equal annmt of funds from sources other than those provided herein. 'Ihese 12 funds must be provided after the date of the grant award to the SUBRECIPIENT. 13 SUBRECIPIENT may comply with this requirement by providing the supplemental 14 funds itself, or through supplemental funds or voluntary efforts or gifts in 15 kind provided to SUBRECIPIENT, as appropriate. 16 4. Calculatincr the Matchincr 1\mo\mt. 17 In calculating the annmt of supplemental funds, there may be included 18 the value of any donated material or building(s), the value of the lease(s) on 19 the building(s); any salary paid to staff of the SUBRECIPIENT, or to any state 20 or non-profit recipient, as appropriate, in carrying out the emergency shelter 21 grant program; and the time and services contributed by volunteers to carry 22 out the emergency shelter grant program dete:rmined at the rate of $5.00 per 23 hour. For purposes of this Paragraph 4, the SUBRECIPIENT, upon written 24 concurrence of the Director of Carrnmmity Development ("Director), will deter- 25 mine the value of any donated material or building(s), or any lease(s), or 26 furnishings and equipment using any method reasonably calculated to establish 27 a fair market value. 28 8-06-90 2 1 s. Tel:1ni.nation. 2 (a) Either party may terminate this Agreement upon thirty (30) days 3 prior written notice to the other party. 4 (b) Notwithstanding the provisions of Paragraph S(a), CITY may 5 suspend or terminate this Agreement forthwith for cause, upon written notice 6 to SUBRECIPIENT of the action being taken. Cause shall be established, (i) in 7 the event SUBRECIPIENT fails to perform the convenants herein contained; (ii) 8 in the event there is a conflict with any federal, state or local law, 9 ordinance, regulation or rule rendering any of the provisions of this 10 Agreement invalid or untenable, or; (iii) in the event the funding from the 11 United states Deparbnent of Housing an:! Uman Development (HUD), referred to 12 in the recitals herein, is reduced, terminated other otherwise becomes un- 13 available. CITY shall provide written notice to SUBRECIPIENT within ten (10) 14 working days from the date HUD reduces, suspends or terminates the ESGP 15 funding. '!his Agreement may, at the discretion of the Director of Connnunity 16 Development, be either terminated or amended to reflect said reduction of 17 funds. 18 (c) upon termination of this Agreement, SUBRECIPIENT agrees to return 19 any unencumbered funds which it has been provided by CITY. In accepting said 20 funds, CITY does not waive any claim or cause of action it may have against 21 SUBRECIPIENT for breach of this Agreement. 22 (d) Upon termination of this Agreement, SUBRECIPIENT shall not incur 23 any obligations after the effective date of such termination, unless expressly 24 authorized in writing by CITY of the notice of termination. 25 (e) Any provisions for inspection an:! audits relative to the 26 expenditure of funds provided for hereunder shall not be ended upon the date 27 of any termination but shall continue thereafter as specified herein. 28 8-06-90 3 1 2 3 4 5 6 7 8 9 10 11 12 manner: 13 (a) Payments shall be made on a reimbursement basis and made within 14 thirty (30) days after the SUBRECIPIENr has submitted written notice 15 identifying payments made and requesting reimbursement. Payments shall be 16 based on documented expenses by SUBRECIPIENr, approved by the Director of 17 Community Development, or designee. 18 (b) One (1) advance payment may be granted to SUBRECIPIENT in such 19 amount and at such time as determined by the Director of Comnumity 20 Development, not to exceed $5,000.00, whenever he/she finds that a need for 21 same is properly documented and otherwise consistent with the purposes of the 22 grant. 23 (c) In no event shall CITY, or any of its officers, agents or 24 errployees, be held liable for expenses incurred by SUBRECIPIENr in excess of 25 the ESGP allocation noted in Paragraph 2, entitled "SCOPe of Services". 26 (d) Payments may be withheld if, on a detennination by the Director 27 of Community Development, SUBRECIPIENT has not corrplied with the covenants 28 6. Pavment of Flmds. '!he Mayor and Cormnon Council of the CITY shall determine the final disposition and distribution of all funds received by CITY under the "Act". CITY, through its Comnumity Development Department (COD), shall make payments of ESGP funds to SUBRECIPIENT for the purposes set forth in Exhibit "A" and shall monitor the expenditure of funds and activities of SUBRECIPIENT to ensure corrpliance with applicable federal regulations and the terms of this Agreement. SUBRECIPIENT shall establish and maintain a separate a=unt for all ESGP funds received under this Agreement and deposit all such funds in said a=unt. All disbursements of grant funds by COD will be made in the following 8-06-90 4 1 herein contained at such times, and in such manner as provided in this 2 Agreement. 3 (e) No later than thirty (30) days prior to the date set forth herein 4 for tennination of this Agreement, SUBRECIPIENT shall provide CDD with its 5 est:i1nate of the amount of funds which will remain unexpended upon such 6 tennination. 7 Notwithstanding any provisions contained in this Paragraph 6, CITY, 8 through its Director of Community Development, shall thereafter, upon 9 reasonable notice provided to SUBRECIPIENT, shall have the right to (i) reduce 10 the payment of funds hereurrler, (H) rene::lotiate the actual levels of 11 expenditures in the event SUBRECIPIENT'S rate of expenditures will result in 12 unexpended funds at the expiration of this Agreement, and/or; (Hi) re-program 13 funds associated with a project in which the Director of Community Development 14 finds there has been no substantial progress or activity. 15 7. Documentation. Reports. Il1SPeCtions and Perfonnance EI7aluations. 16 (a) Documentation of ExPenditures. All expenditures supported by 17 properly executed payrolls, time records, invoices, contracts, vouchers, 18 receipts, orders and any other a=.mting documentation pertaining, in whole 19 or in part, to this Agreement, shall be clearly identified and readily 20 accessible. SUBRECIPIENT shall maintain and keep available all such documents 21 for a period of not less than three (3) years from the tennination of this 22 Agreement, if a CITY, state and/or federal audit has occu=ed within six (6) 23 months prior to date of tennination, and for a period of not less than five 24 (5) years from said date if such audit has not occu=ed. In the event of 25 audit exception, such dOCllll\entation shall be maintained until every exception 26 has been cleared to the satisfaction of the auditing authority. 27 (b) Reports. SUBRECIPIENT, at such times and on such fonns as CITY 28 8-06-90 5 1 may require, shall furnish CITY such statements, records, reports, data and 2 infonnation as CITY may request pertaining to its perfonnance of services 3 hereunder and other matters covered by this Agreement. SUBRECIPIENT shall 4 establish and maintain records in a=rdance with the Office of Management and 5 Budget (CMB) circulars Numbered A-no and A-n2, respectively, as applicable 6 to the acceptance and use of emergency shelter grants. 7 (c) Inspections. SUBRECIPIENT shall make available to CITY, state 8 and/or federal officials its records and data with respect to all matters 9 covered by this Agreement for inspection and audit, which inspection and audit 10 may be made at any time after reasonable notice. SUBRECIPIENT shall corrg:>l Y 11 with the audit requirements of CMB Circular Number A-nO, as applicable, and 12 as they relate to the acceptance and use of federal funds under this Agree_ 13 ment. 14 (d) Perfonnance Evaluations. SUBRECIPIENT shall permit CITY, state 15 and/or federal officials to monitor, assess or evaluate SUBRECIPIENT'S 16 perfonnance under this Agreement on at least a monthly basis, said monitoring, 17 assessment or evaluation to include, but not be limited to, audits, inventory, 18 inspections within the program area, and interviews with SUBRECIPIENT'S em- 19 ployees, agents, independent contractors and subcontractors, providing the 20 services under this Agreement and recipients thereof. 21 (e) 'Ibis Agreement contenplates that the SUBRECIPIENT will pay 22 salaries, utilities and furnishings with the monies provided in a=rdance 23 with Exhibit "A" and Section 2 of this Agreement. SUBRECIPIENT has identified 24 two (2) positions which salaries are to be paid in part with ESGP funds under 25 this Agreement, and are identified herein as: (i) Maintenance/Janitorial, 26 and; (ii) Facility Cook. 27 8. Buildinq or Facilitv. 28 8-06-90 6 1 (a) Any building for which emergency shelter grant amounts are used 2 for renovation, conversion, or major rehabilitation, IllUSt meet local safety 3 and sanitation standards. 4 (b) When ESGP funds are utilized to provide emergency shelter for the 5 homeless in hotels or motels or other c:omrnercial facilities providing 6 transient housing, (i) SUBRECIPIENT, at the request of CITY, shall execute an 7 Agreement with the provider of such housing which provides that comparable 8 living space, in tenns of quality, available in the facility for use as 9 emergency shelters for at least the same period of t:i1ne as provided in Para- 10 graph 9 herein, and; (ii) leases negotiated between SUBRECIPIENT and the 11 provider of such housing shall make available such living space at 12 substantially less than the daily room rate otheJ:Wise charged by the facility, 13 and; (iii) SUBRECIPIENT shall certify, in writing, to City that it has 14 considered using other facilities as emergency shelters, and has detemined 15 that the use of such living space in the facilities provides the most cost 16 effective means of providing emergency shelter for the homeless in the CITY. 17 (c) SUBRECIPIENT shall ensure that any building or facility is 18 utilized exclusively for secular purposes and is made available to all persons 19 regardless of religion. If ESGP funds are used to renovate, rehabilitate, or 20 convert buildings owned by primarily religious organization or entities, 21 SUBRECIPIENTS shall comply with the provisions of Title 24, Code of Federal 22 Regulations, Part 575.2l(b) (2). 23 (d) SUBRECIPIENT shall comply with the Uniform Federal Accessibility 24 standards (24 CFR, Part 40, Appendix "A"), when activities funded by the ESGP 25 involve major rehabilitation or conversion. 26 9. Maintenance as a Haneless Facilitv. 27 (a) SUBRECIPIENT shall maintain any building for which ESGP funds are 28 8-06-90 7 1 used for not less than a three (3) year period, or for not less than a ten 2 (10) year period if the grant amounts are used for major rehabilitation or 3 conversion of the building. 4 (b) The three (3) or ten (10) year periods begin to run, (i) on the 5 date of initial occupancy as an emergency shelter for the hClll1eless when the 6 building utilized was not operated as an emergency shelter for the hClIl1eless 7 before receiving ESGP funds, or; (ii) on the date that ESGP funds are first 8 obligated to the shelter when the building was operated as an emergency 9 shelter before receiving ESGP funds. 10 (c) When ESGP funds are used exclusively to provide essential 11 services including, but not limited to, services concerned with employment, 12 physical or mental health, substance abuse, education, food, equipment or 13 furnishings, the time periods noted above are not applicable. 14 10. Independent Caoaci tv. 15 SUBRECIPIENT, and its officers, employees and agents, shall act in an 16 independent capacity during the tem of this Agreement and shall not act as, 17 shall not be, nor shall they in any manner be construed to be officers, emplo- 18 yees, or agents of the CITY or the state of California. 19 11. Assicmabilitv. 20 SUBRECIPIENT cannot assign any of its rights, duties or obligations 21 pursuant to this Agreement to any person or entity without the prior written 22 consent of CITY. This includes the ability to subcontract all, or a portion 23 of, its rights, duties and obligations hereunder. 24 12. Insurance. 25 SUBRECIPIENT shall during the tem of this Agreement: 26 (a) Procure and maintain Workers I Corrq:Jensation Insurance as 27 prescribed by the laws of the state of California. 28 8-06-90 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (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 be 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 oc:cun-ence. ~. "fLhf/;i~l/ I pft-/ (c) Furnish CITY with ~ . of' showing that such insurance is in full force and effect, and that CITY is named as an additional insured with respect to this Agreement and 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 16 modification, cancellation or reduction in coverage of such insurance. 17 18 13. Hold Hannless. SUBRECIPIENT shall indemnify and hold CITY, its officers, agents, 19 employees and independent contractors free and harmless from any liability 20 whatsoever, including wrongful death, based or asserted upon any act or 21 omission of SUBRECIPIENT, its officers, agents, employees and independent 22 contractors in any legal action based upon such alleged acts or omissions. The 23 specific insurance coverage required in Paragraph 12 shall in no way limit or 24 25 26 circumscribe SUBRECIPIENT I S obligation to indemnify and hold CITY harmless as set forth in this Paragraph 13. 14. Federal Reauirements. 27 28 (a) SUBRECIPIENT shall comply with the provisions of the Act, and any 8-06-90 9 1 amendments thereto, and the federal regulations and guidelines now or 2 hereinafter enacted pursuant to the "Act". More particularly, SUBRECIPIENT is 3 to comply with those regulations found in Part 575 of Title 24 of the Code of 4 Federal Regulations and CMB circulars NLmibered A-110 and A-ll2, respectively, 5 and appropriate attachments for non-profit organization contractors. 6 (b) The SUBRECIPIENT represents that it is, or nay be, a religious or 7 denominational institution or organization or an organization operated for 8 religious purposes which is superviSed or controlled by, or in connection 9 with, a religious or denominational institution or organization. 10 (c) The SUBRECIPIENT agrees that, in connection with the services to 11 be provided hereunder, (i) it will not discriminate against any enployee or 12 applicant for enployment on the basis of religion and will not lllnit 13 enployment or give preference in enployment to persons on the basis of 14 religion; (ii) it will not discriminate against any person applying for such 15 services on the basis of religion and will not lllnit such services or give 16 preference to persons on the basis of religion; (iii) it will provide no 17 religious instruction or counseling, conduct no religious workshop or 18 services, engage in no religious proselytizing and exert no other religious 19 influence in the provision of such services; (iv) the portion of a facility 20 used to provide services assisted, in whole or in part, under this Agreement 21 shall contain no sectarian or religious symbols or decorations, and; (v) the 22 funds received under this Agreement shall not be used to construct, 23 rehabilitate, or restore any facility which is owned by the SUBRECIPIENT in 24 which the services are to be provided; provided that. minor repairs nay be 25 nade if such repairs are directly related to the services; are located in a 26 structure used exclusively for non-religious purposes, and; constitute in 27 dollar tenns only a minor portion of the ESGP expenditure for the public 28 8-06-90 10 1 services . 2 15. canoliance with Law. 3 SUBRECIPIENT shall comply with all federal, state am. local laws am. 4 regulations pertinent to its operation am. services to be performed hereurrler, 5 am. shall keep in effect any am. all licenses, pemits, notices am. 6 certificates as are required thereby. SUBRECIPIENT shall further comply with 7 all laws applicable to wages am. hours of errployment, cx::cupational safety am. 8 to fire safety, health am. sanitation. 9 16. canorehensive Haneless Assistance Plan. 10 SUBRECIPIENT shall cooperate with CITY in undertaking emergency 11 shelter grant activities am. shall assist CITY in canying out its Conprehen- 12 sive Homeless Assistance Plan am. shall act in conformity therewith. 13 17. Non-Discrimination and EQual Opportunity canoliance. 14 SUBRECIPIENT hereby certifies compliance with the following: 15 (a) Executive Order N\.nnber 11246, as amen:ied, am. the regulations 16 issued thereurrler at Title 41, Code of Federal Regulations, Olapter 60; 17 (b) Title VI am. Title VII of the civil Rights Act of 1964 (423 u.s.c 18 section 2000(d) et. seq.), as amen:ied by the Equal Opportunity Act of March 19 24, 1972, (Public Law N\.nnber 92 261); 20 (c) Title VIII of the civil Rights Act of 1968 (42 u.s.c. sections 21 3601-3619) am. inplementing regulations issued pursuant thereto (24 CFR, Part 22 1); 23 (d) Executive Order N\.nnber 11063 am. inplementing regulations issued 24 pursuant thereto (25 CFR, Part 107); 25 (e) Age Discrimination Act of 1975 (42 U.S.C., sections 6101-6107); 26 (f) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C., section 27 794), am.; 28 8-06-90 11 1 (g) Executive Orders Numbered 11625, 12432 am. 12138. 2 Consistent with RUDIs responsibilities under these Orders, the 3 SUBRECIPIENT nRlSt make efforts to encourage the use of minority am. women 4 owned business enterprises in connection with ESGP activities; 5 (h) SUBRECIPIENT shall establish am. maintain a procedure through 6 which homeless irrlividuals will be infonned of the facilities am. services 7 available to all on a nondiscriminato:ry basis. 8 (i) SUBRECIPIENT agrees to abide by, am. include in any subcontracts 9 to perfonn work under this Agreement, the following clause: 10 "D.lring the perfomance of this Agreement, SUBRECIPIENT am. its 11 subcontractors shall not unlawfully discriminate against any employee or 12 application for employment because of race, religion, color, national origin, 13 ancest:ry, physical harrlicap, medical condition, marital status, age (over 40), 14 or sex. SUBRECIPIENT am. subcontractors shall ensure that the evaluation am. 15 treatment of their employees am. applications for employment are free of such 16 discrimination. 17 SUBRECIPIENT am. subcontractors shall =ply with the provisions 18 of the Fair Employment am. Housing Act (Government Code, Section 12900 et. 19 seq. ). 'the applicable regulations of the Fair Employment am. Housing 20 Commission i1nplementing Government Code Section 12990, set forth in Chapter 21 five (5) of Division four (4) of Title two (2) of the California Mministra- 22 tive Code are incorporated into this Agreement by reference am. made a part 23 hereof as if fully set forth at length. 24 SUBRECIPIENT am. its subcontractors shall give written notice of 25 their obligations under this clause to labor organizations with which they 26 have a collective bargaining or other agreement. II 27 (j) 'the equal opportunity clause contained in Section 202 of 28 8-06-90 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Executive Order Number 11246, as amended, is hereby incorporated into this Agreeioont by this reference. (k) IA1ring the perfonnance of this Agreeioont, SUBRECIPIENT ani its subcontractors, if any, shall not deny the benefits rerrlered hereunder to any person on the basis of religion, color, ethnic group identification, sex, age or physical or mental disability. (1) SUBRECIPIENT shall furnish all information ani reports as required by Executive Order Number 11246, as amended. (m) SUBRECIPIENT shall include the non-discrimination ani corrpliance provisions of the equal opportunity clause in all subcontracts, if any. 18. Affinnative Action canoliance. Each SUBRECIPIENT or subcontractor with less than fifty (50) enployees shall COllply with Section 202, Part II, of Executive Order number 11246, as amended. SUBRECIPIENT shall ensure that subcontractors, if any, falling within the scope of this provision shall corrply in full with the requirements thereof. 19. Conflict of Interest. No person who is (i) an enployee, agent, consultant, officer, or elected or appointed official of the CITY, state or SUBRECIPIENT that receives 20 ESGP funds ani who exercises or has exercised any functions or 21 responsibilities with respect to assisted activities, or; (ii) in a position 22 to participate in a decision naking process or gain inside information with 23 regard to such activities, nay obtain a personal or financial interest or 24 benefit from the activity, or have an interest in any contract, subcontract or 25 agreement with respect thereto, or the proceeds thereun::ler, either for himself 26 or herself or those with whom he or she has family or business ties, during 27 his or her tenure or for one (1) year thereafter. 28 8-06-90 13 1 20. Elicrlbilitv of COntractors and SUbcontractors. 2 No ESGP funds allocated to SUBRECIPIENT through this Agreement may be 3 used, directly or indirectly, to e.nploy, award contracts to, or otherwise 4 ~ge the services of, or purchase the goods of, or fund any contractor or 5 subcontractor during any period of debarnent, suspension, or placement in 6 ineligibility status under the provision of 24 CFR, Part 4. 7 21. Lead Based Paint. 8 SUBRECIPIENT and all subcontractors, if any, shall comply with the 9 requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act 10 (42 U.S.c., section 4821-4846) and implementing regulations issued pursuant 11 thereto (24 CFR, Part 35). 12 22. Flood Insurance. 13 No site proposed on which renovation, major rehabilitation, or 14 conversion of a building, is to be assisted under this part, other than by 15 grant amounts allocated to the state, may be located in an area that has been 16 identified by the Federal Emergency Management Agency as having special flood 17 hazards, unless the community in which the area is situated is participating 18 in the National Flood Insurance Program and the regulations issued thereunder 19 (44 CFR, Parts 59-79) or less than a year has passed since the Federal 20 Emergency Management Agency notification regarding such hazards, and the 21 SUBRECIPIENT will ensure that flood insurance on the structure is obtained in 22 compliance with section 102(a) of the Flood Disaster Protection Act of 1973, 23 (42 U.s.c., Section 4001 et. seq.). 24 23. Notice. 25 Any notices required or desired to be served by either party upon the 26 other shall be addressed to respective parties as set forth below (or to such 27 other addresses as from tiIne to tiIne may be designated, in writing, by the 28 8-06-90 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 respective parties) : 1\8 'ro CITY: 1\8 'ro SUBRECIPIENr: Kenneth J. Henderson, Director Ccmmmity Developnent Deparbnent City of San Bernardino 300 North 111)11 street, 5th Floor San Bernardino, Cl\. 92418-0001 Thanas L. Petersen, Director The Salvation 1Umy P.O. Box 947 San Bernardino, Cl\. 92402 24. Bindino SUccessors. SUBRECIPIENT, its heirs, assigns and su=essors 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 hereurrler. 25. Assurances. SUBRECIPIENT certifies that it has the legal authority to enter into and meet the requirements of this Agreement. 26. Entire 1\areement. '!his Agreement is inten:ied 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 urrlerstandings, oral or written, in connection therewith. 'Ibis Agreement l1'ay 19 be modified or changed only upon the written consent of the parties hereto. 20 IIII 21 IIII 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 28 8-06-90 15 1 IN WITNFSS WHERIDF I the parties hereto have hereunto set their hands am 2 seals this day am year first above written. 3 CITY OF SAN BERNl\RDIID 4 "----.; "",".- ----j ,-' ///' ~ .' / -/ . ~~. 5 /~:/;:;'?.~_._-/, 6 ~~~0~fs1n ~ 7 8 ATTEST 9 (J . /1/ '- h IJJ;. ),,-L 1\, /, (( 4../l , " 1/ " City Clerk .1 10 11 12 Approved as to fom and legal oontent: 13 JAMES F. PENMAN I 14 city Attomey 15 BY: (1h-e? 7' I/~~ 16 0 KJH/lab/3409 17 Rev. 08/06/90 18 19 20 21 22 23 24 25 26 27 28 8-06-90 THE SALVATION ARMY, a california OO:rporation ~~!.;.. V i U - President ~~~ 16 FOJNDE:D Paul A. R;'Hln, Tl'nilOrial Commander Ilavid Ri]('y, Di\'i~ion;dl Commander William Rooth, Founder " F\'a .d:l"rr.!ws, Gt'neral IN 1860 ~t ):ahnltion Jlr. ~ SAN BERNARDINO CORPS llth 746 WEST FIFTH STREET "' PO. BOX 947 SAN BERNARDINO, CA 92402 714-B88-1337 July 24, 1990 Edward L. Flores Community Development Specialist 300 North D Street San Bernardino, CA 92418 RE: Proposal for ESGP Funding Dear Mr. Flores, I have listed below our proposal for city funding through your office. We are requesting $43,000.00 to cover Emergency/Homeless Shelter operating expenses. We understand that the money received from the city must be matched by other funding sources. Total Expense Salvation Army Portion ESGP Portion Facility Cooks 30,000.00 15,000,00 15,000.00 Furnishings 16,000.00 8,000.00 8,000.00 32,000.00 16,000.00 16,000.00 6,000.00 3,000.00 3,000.00 2,000.00 1,000.00 1,000.00 ---------- ---------- ---------- 86,000.00 43,000.00 43,000.00 ---------- ---------- ---------- ---------- ---------- ---------- Maintenance/Janitorial Utilities Food Total: Thank you for your interest in our ongoing programs. Sincerely, ;:?~ ~ Captain Thomas L. Petersen TLP:eol EXHffirr "A"