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HomeMy WebLinkAbout1989-473 1 2 3 4 5 6 7 8 9 RESOLUTION NUMBER Rq- ill RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN EMERGENCY SHELTER GRANT PROGRAM FUNDING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SALVATION ARMY. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 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 Program (ESGP) funding with the Salva- 10 tion Army, which agreement is attached hereto as Exhibit" 1" , 11 12 and is incorporated herein by reference as though fully set forth at length. The agreement provides for the granting of 13 Emergency Shelter Grant Program funds in the following amount of 14 $ 27,000.00. 15 Section 2. 16 The authorizations to execute the above referenced agreement 17 is rescinded 18 within sixty 19 IIII 20 IIII 21 IIII 22 IIII 23 IIII 24 IIII 25 IIII 26 IIII 27 28 11-15-89 if the parties to the agreement fail to execute it (60) sixty days of the passage of this resolution. 1 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE SALVATION ARMY FOR EMERGENCY SHELTER GRANT FUNDS 1 2 3 4 5 6 7 8 9 10 11 12 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Ber- nardino at a ri"'glllMr meeting thereof, held on the 4th day of December , 1989 by the following vote, to wit: AYES: Councilpersons Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller NAYES: None ABSENT: None ~~~-(~~ .' city Clerk 13 The foregoing resolution is hereby approved this -dl ~--=--_. day of 14 15 16 17 18 December , 1989. ./ Approved as to form 19 and legal content: 20 JAMES F. PENMAN, City Attorney n'J ) 22 By: ~.~ /.! rc-V;.M<._. (J lab/3541 24 21 23 25 26 27 28 11-15-89 2 if '1-.; 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 AGREEMENT FOR USE OF EMERGENCY SHELTER GRANT FUNDS THIS AGREEMENT, entered into this 'C:-tA day of /'(:('~ /-I' C,<'.",-) 1989, by and between the CITY OF SAN BERNARDINO, (hereinafter referred to as "CITY") and THE SALVATION ARMY, a California non- profit corporation, (hereinafter referred to as "SUBRECIPIENT"); J!.I~li;g~~;g~H WHEREAS, pursuant to Subtitle "B" of the Stewart B. MCKinney Homeless Assistance Act of 1987 (Public Law 100-77), (herein- after 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 home- less, 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 indivi- duals, and; WHEREAS, CITY is authorized to contract with non-profit cor- porations for the use of ESGP funds to provide various services for homeless individuals, and; WHEREAS, SUBRECIPIENT as a non-profit corporation, is elig- ible under the "Act" to receive ESGP funds to provide those ser- vices as described herein. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Term. The term of this Agreement shall be for a period com- mencing on the 5J...L day of /"(<'I./t(..(I,) , 1989, and termin- ating as provided for in Paragraph 5 herein. 11/14/89 -1- EXHIBIT "I" 1 2. Scoce of Services. 2 SUBRECIPIENT promises and agrees to provide certain 3 emergency shelter grant program services for homeless persons by 4 utilizing the sum of $27,000.00 in ESGP funds, as set forth in 5 the manner provided in Exhibit "A" which is attached hereto, and 6 by this reference, incorporated herein. SUBRECIPIENT shall also 7 provide homeless individuals with assistance in obtaining (i) 8 appropriate supportive services, including permanent housing, 9 physical health treatment, mental health treatment, counseling, 10 supervision, and other services essential for achieving indepen- 11 dent living, and; (ii) other federal, state, local and private 12 assistance provided hereunder shall be in full conformity with 13 the "Act", and any amendments thereto, and the federal regula- 14 tions and guidelines now, or hereinafter enacted pursuant to the 15 "Act". 16 3. Matchina Funds. 17 SUBRECIPIENT must supplement its emergency shelter grant 18 amounts with an equal amount of funds from sources other than 19 those provided herein. These funds must be provided after the 20 date of the grant award to the SUBRECIPIENT. SUBRECIPIENT may 21 comply with this requirement by providing the supplemental funds 22 itself, or through supplemental funds or voluntary efforts or 23 gifts in-kind provided to SUBRECIPIENT, as appropriate. 24 4. Calculatina the Matchina Amount. 25 In calculating the amount of supplemental funds, there 26 may be included the value of any donated material or build- 27 ing(s), the value of the lease(s) on the building(s); any salary 28 11/14/89 -2- 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 paid to staff of the SUBRECIPIENT, or to any state or non-profit recipient, as appropriate, in carrying out the emergency shelter grant program; and the time and services contributed by volun- teers to carry out the emergency shelter grant program deter- mined at the rate of $5.00 per hour. For purposes of this Para- graph 4, the SUBRECIPIENT, upon written concurrence of the Director of Community Development ("Director), will determine the value of any donated material or building(s), or any lease(s), or furnishings and equipment using any method reason- ably calculated to establish a fair market value. 5. Termination. (a) Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. (b) Notwithstanding the provisions of Paragraph 5(a), CITY may suspend or terminate this Agreement forthwith for cause, upon written notice to SUBRECIPIENT of the action being taken. Cause shall be established, (i) in the event SUBRECIPIENT fails to perform the convenants herein contained; (ii) in the event there is a conflict with any federal, state or local law, ordinance, regulation or rule rendering any of the provisions of this Agreement invalid or untenable, or; (iii) in the event the funding from the United states Department of Hous ing and Urban Development (HUD), referred to in the recitals herein, is reduced, terminated other otherwise becomes unavailable. CITY shall provide written notice to SUBRECIPIENT within ten (10) working days from the date HUD reduces, suspends or terminates the ESGP funding. This Agreement may, at the discretion of the Director of Community Development, be either terminated or 11/14/89 -3- 1 amended to reflect said reduction of funds. 2 (c) Upon termination of this Agreement, SUBRECIPIENT 3 agrees to return any unencumbered funds which it has been pro- 4 vided by CITY. In accepting said funds, CITY does not waive any 5 claim or cause of action it may have against SUBRECIPIENT for 6 breach of this Agreement. 7 (d) Upon termination of this Agreement, SUBRECIPIENT 8 shall not incur any obligations after the effective date of such 9 termination, unless expressly authorized in writing by CITY of 10 the notice of termination. 11 (e) Any provisions for inspection and audits relative to 12 the expenditure of funds provided for hereunder shall not be 13 ended upon the date of any termination but shall continue there- 14 after as specified herein. 15 6. PaYment of Funds. 16 The Mayor and Common Council of the CITY shall determine 17 the final disposition and distribution of all funds received by 18 CITY under the "Act". CITY, through its Community Development 19 Department (COD), shall make payments of ESGP funds to SUBRECI- 20 PIENT for the purposes set forth in Exhibit "A" and shall moni- 21 tor the expenditure of funds and activities of SUBRECIPIENT to 22 ensure compliance with applicable federal regulations and the 23 terms of this Agreement. SUBRECIPIENT shall establish and main- 24 tain a separate account for all ESGP funds received under this 25 Agreement and deposit all such funds in said account. 26 All disbursements of grant funds by COD will be made in 27 the following manner: 28 11/14/89 -4- 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 (a) Payments shall be made on a reimbursement basis and made within thirty (30) days after the SUBRECIPIENT has submit- ted written notice identifying payments made and requesting re- imbursement. Payments shall be based on documented expenses by SUBRECIPIENT, approved by the Director of Community Development, or designee. (b) One (1) advance payment may be granted to SUBRECI- PIENT in such amount and at such time as determined by the Di- rector of Community Development, not to exceed $5,000.00, when- ever he/she finds that a need for same is properly documented and otherwise consistent with the purposes of the grant. (c) In no event shall CITY, or any of its officers, agents or employees, be held liable for expenses incurred by SUBRECIPIENT in excess of the ESGP allocation noted in Paragraph 2, entitled "Scope of Services". (d) Payments may be withheld if, on a determination by the Director of Community Development, SUBRECIPIENT has not complied with the covenants herein contained at such times, and in such manner as provided in this Agreement. (e) No later than thirty (30) days prior to the date set forth herein for termination of this Agreement, SUBRECIPIENT shall provide CDD with its estimate of the amount of funds which will remain unexpended upon such termination. Notwithstanding any provisions contained in this Para- graph 6, CITY, through its Director of Community Development, shall thereafter, upon reasonable notice provided to SUBRECI- PIENT, shall have the right to (i) reduce the payment of funds hereunder, (ii) renegotiate the actual levels of expenditures in 11/14/89 -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 the event SUBRECIPIENT'S rate of expenditures will result in unexpended funds at the expiration of this Agreement, and/or; (iii) re-program funds associated with a project in which the Director of Community Development finds there has been no sub- stantial progress or activity. 7. Documentation. Reports. Inspections and Performance Evaluations. (a) Documentation of Expenditures. All expenditures supported by properly executed payrolls, time records, invoices, contracts, vouchers, receipts, orders and any other accounting documentation pertaining, in whole or in part, to this Agree- ment, shall be clearly identified and readily accessible. SUBRE- CIPIENT shall maintain and keep available all such documents for a period of not less than three (3) years from the termination of this Agreement, if a CITY, state and/or federal audit has occurred within six (6) months prior to date of termination, and for a period of not less than five (5) years from said date if such audit has not occurred. In the event of audit exception, such documentation shall be maintained until every exception has 20 been cleared to the satisfaction of the auditing authority. 21 (b) Reports. SUBRECIPIENT, at such times and on such 22 forms as CITY may require, shall furnish CITY such statements, 23 records, reports, data and information as CITY may request per- 24 taining to its performance of services hereunder and other mat- 25 ters covered by this Agreement. SUBRECIPIENT shall establish 26 and maintain records in accordance with the Office of Management 27 and Budget (OMB) Circulars Numbered A-lID and A-112, respec- 28 11/14/89 -6- 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 tively, as applicable to the acceptance and use of emergency shelter grants. (c) Inspections. SUBRECIPIENT shall make available to CITY, state and/or federal officials its records and data with respect to all matters covered by this Agreement for inspection and audit, which inspection and audit may be made at any time after reasonable notice. SUBRECIPIENT shall comply with the audit requirements of OMB Circular Number A-110, as applicable, and as they relate to the acceptance and use of federal funds under this Agreement. (d) Performance Evaluations. SUBRECIPIENT shall permit CITY, state and/or federal officials to monitor, assess or eval- uate SUBRECIPIENT'S performance under this Agreement on at least a monthly basis, said monitoring, assessment or evaluation to include, but not be limited to, audits, inventory, inspections within the program area, and interviews with SUBRECIPIENT'S em- ployees, agents, independent contractors and subcontractors, providing the services under this Agreement and recipients thereof. (e) This Agreement contemplates that the SUBRECIPIENT will pay salaries, utilities and furnishings with the monies provided in accordance with Exhibit "A" and Section 2 of this agreement. SUBRECIPIENT has identified two (2) positions which salaries are to be paid in part with ESGP funds under this Agreement, and are identified herein as: (i) Maintenance/Jani- torial, and; (ii) Facility Cook. 8. Buildinq or Facilitv. (a) Any building for which emergency shelter grant 11/14/89 -7- 1 amounts are used for renovation, conversion, or major rehabili- 2 tation, must meet local safety and sanitation standards. 3 (b) When ESGP funds are utilized to provide emergency 4 shelter for the homeless in hotels or motels or other commercial 5 facilities providing transient housing, (i) SUBRECIPIENT, at the 6 request of CITY, shall execute an agreement with the provider of 7 such housing which provides that comparable living space, in 8 terms of quality, available in the facility for use as emergency 9 shelters for at least the same period of time as provided in 10 Paragraph 9 herein, and; (ii) leases negotiated between SUBRECI- 11 PIENT and the provider of such housing shall make available such 12 living space at substantially less than the daily room rate 13 otherwise charged by the facility, and; (iii) SUBRECIPIENT shall 14 certify, in writing, to City that it has considered using other 15 facilities as emergency shelters, and has determined that the 16 use of such living space in the facilities provides the most 17 cost effective means of providing emergency shelter for the 18 homeless in the CITY. 19 (c) SUBRECIPIENT shall ensure that any building or faci- 20 lity is utilized exclusively for secular purposes and is made 21 available to all persons regardless of religion. If ESGP funds 22 are used to renovate, rehabilitate, or convert buildings owned 23 by primarily religious organization or entities, SUBRECIPIENTS 24 shall comply with the provisions of Title 24, Code of Federal 25 Regulations, Part 575.21(b) (2). 26 (d) SUBRECIPIENT shall comply with the Uniform Federal 27 Accessibility Standards (24 CFR, Part 40, Appendix "A"), when 28 11/14/89 -8- 1 activities funded by the ESGP involve major rehabilitation or 2 conversion. 3 9. Maintenance as a Homeless Facility. 4 (a) SUBRECIPIENT shall maintain any building for which 5 ESGP funds are used for not less than a three (3) year period, 6 or for not less than a ten (10) year period if the grant amounts 7 are used for major rehabilitation or conversion of the building. 8 (b) The three (3) or ten (10) year periods begin to run, 9 (i) on the date of initial occupancy as an emergency shelter for 10 the homeless when the building utilized was not operated as an 11 emergency shelter for the homeless before receiving ESGP funds, 12 or; (ii) on the date that ESGP funds are first obligated to the 13 shelter when the building was operated as an emergency shelter 14 before receiving ESGP funds. 15 (c) When ESGP funds are used exclusively to provide es- sential services including, but not limited to, services con- 16 cerned with employment, physical or mental health, substance 17 abuse, education, food, equipment or furnishings, the time 18 periods noted above are not applicable. 19 10. Independent Capacity. 20 SUBRECIPIENT, and its officers, employees and agents, 21 shall act in an independent capacity during the term of this 22 Agreement and shall not act as, shall not be, nor shall they in 23 any manner be construed to be officers, employees, or agents of 24 the CITY or the state of California. 25 11. Assiqnability. 26 SUBRECIPIENT cannot assign any of its rights, duties or 27 obligations pursuant to this Agreement to any person or entity 28 11/14/89 -9- 1 2 3 4 5 6 7 8 9 10 11 without the prior written consent of CITY. This includes the ability to subcontract all, or a portion of, its rights, duties and obligations hereunder. 12. Insurance. SUBRECIPIENT shall during the term of this Agreement: (a) Procure and maintain Workers' Compensation Insurance as prescribed by the laws of the state of California. (b) Procure and maintain comprehensive general and auto- mobile 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, 12 which may arise from activities or programs under this Agree- 13 ment, whether such activities or programs be by SUBRECIPIENT, by 14 any subcontractor or by any officer, employee or agent of either 15 of them. 16 Such insurance shall name CITY as an additional 17 insured with respect to this Agreement and the obligations of 18 SUBRECIPIENT hereunder. Such insurance shall provide for com- 19 bined coverage limits of not less than $1,000,000 per occur~ .Jk L~4TIIUl;k7 _ (c) Furnish CITY with policies of insurance showing that 20 rence. 21 22 such insurance is in full force and effect, and that CITY is 23 named as an additional insured with respect to this Agreement 24 and the obligations of SUBRECIPIENT hereunder. Further, said 25 policies shall contain the covenant of the insurance carrier 26 that thirty (30) days written notice will be given to CITY prior 27 to modification, cancellation or reduction in coverage of such 28 11/14/89 -10- 1 2 3 4 5 6 7 8 9 insurance. 13. Hold Harmless. SUBRECIPIENT shall indemnify and hold CITY, its offi- cers, agents, employees and independent contractors free and harmless from any liability whatsoever, including wrongful death, based or asserted upon any act or omission of SUBRECI- PIENT, its officers, agents, employees and independent contrac- tors in any legal action based upon such alleged acts or omis- sions. The specific insurance coverage required in Paragraph 12 or circumscribe SUBRECIPIENT'S obligation CITY harmless as set forth in this Para- 10 shall in no way limit 11 to indemnify and hold 12 graph 13. 13 14. Federal Reauirements. 14 (al SUBRECIPIENT shall comply with the provisions of the 15 Act, and any amendments thereto, and the federal regulations and guidelines now or hereinafter enacted pursuant to the "Act". 16 More particularly, SUBRECIPIENT is to comply with those regula- 17 tions found in Part 575 of Title 24 of the Code of Federal Regu- 18 lations and OMB Circulars Numbered A-110 and A-112, respec- 19 tively, and appropriate attachments for non-profit organization 20 contractors. 21 (bl The SUBRECIPIENT represents that it is, or may be, a 22 religious or denominational institution or organization or an 23 organization operated for religious purposes which is supervised 24 or controlled by, or in connection with, a religious or denomin- 25 ational institution or organization. 26 (c) The SUBRECIPIENT agrees that, in connection with the 27 services to be provided hereunder, (i) it will not discriminate 28 11/14/89 -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in em- ployment to persons on the basis of religion; (ii) it will not discriminate against any person applying for such services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; (iii) it will provide no religious instruction or counseling, conduct no religious workshop or services, engage in no religious prosely- tizing and exert no other religious influence in the provision of such services; (iv) the portion of a facility used to provide services assisted, in whole or in part, under this Agreement shall contain no sectarian or religious symbols or decorations, and; (v) the funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the SUBRECIPIENT in which the services are to be provided; provided that. minor repairs may be made if such re- pairs are directly related to the services; are located in a structure used exclusively for non-religious purposes, and; constitute in dollar terms only a minor portion of the ESGP ex- 20 penditure for the public services. 21 15. Compliance with Law. 22 SUBRECIPIENT shall comply with all federal, state and 23 local laws and regulations pertinent to its operation and ser- 24 vices to be performed hereunder, and shall keep in effect any 25 and all licenses, permits, notices and certificates as are re- 26 quired thereby. SUBRECIPIENT shall further comply with all laws 27 applicable to wages and hours of employment, occupational safety 28 11/14/89 -12- 1 2 3 4 5 6 7 8 9 10 11 12 and to fire safety, health and sanitation. 16. ComDrehensive Homeless Assistance Plan. SUBRECIPIENT shall cooperate with CITY in undertaking emergency shelter grant activities and shall assist CITY in carrying out its Comprehensive Homeless Assistance Plan and shall act in conformity therewith. 17. Non-Discrimination and Eaual ODDortunitv ComDliance. SUBRECIPIENT hereby certifies compliance with the fol- lowing: (a) Executive Order Number 11246, as amended, and the regulations issued thereunder at Title 41, Code of Federal Regu- lations, Chapter 60; (b) Title VI and Title VII of the civil Rights Act of (423 U.S.C section 2000(d) et. seq.), as amended by the Opportunity Act of March 24, 1972, (Public Law Number 92 13 1964 14 15 Equal 16 261) ; 17 (c) Title VIII of the civil Rights Act of 1968 (42 18 U.S.C. Sections 3601-3619) and implementing regulations issued pursuant thereto (24 CFR, Part 1); 19 20 (d) Executive Order Number 11063 and implementing regulations issued pursuant thereto (25 CFR, Part 107); 21 (e) Age Discrimination Act of 1975 (42 U.S.C., sections 22 6101-6107) ; 23 (f) Section 504 of the Rehabilitation Act of 1973 (29 24 U.S.c., section 794), and; 25 (g) Executive Orders Numbered 11625, 12432 and 12138. 26 Consistent with HUD's responsibilities under these 27 Orders, the SUBRECIPIENT must make efforts to encourage the use 28 11/14/89 -13- 1 of minority and women-owned business enterprises in connection 2 with ESGP activities; 3 (h) SUBRECIPIENT shall establish and maintain a proce- 4 dure through which homeless individuals will be informed of the 5 facilities and services available to all on a nondiscriminatory 6 basis. 7 (i) SUBRECIPIENT agrees to abide by, and include in any 8 subcontracts to perform work under this Agreement, the following 9 clause: 10 "During the performance of this Agreement, SUBRECI- 11 PIENT and its subcontractors shall not unlawfully discriminate 12 against any employee or application for employment because of 13 race, religion, color, national origin, ancestry, physical hand- 14 icap, medical condition, marital status, age (over 40), or sex. 15 SUBRECIPIENT and subcontractors shall ensure that the evaluation 16 and treatment of their employees and applications for employment 17 are free of such discrimination. 18 SUBRECIPIENT and subcontractors shall comply with 19 the provisions of the Fair Employment and Housing Act (Govern- 20 ment Code, Section 12900 et. seq.). The applicable regulations 21 of the Fair Employment and Housing Commission implementing Go- 22 vernment Code section 12990, set forth in Chapter five (5) of 23 Division four (4) of Title two (2) of the California Administra- 24 tive Code are incorporated into this Agreement by reference and 25 made a part hereof as if fully set forth at length. 26 SUBRECIPIENT and its subcontractors shall give writ- 27 ten notice of their obligations under this clause to labor or- 28 11/14/89 -14- 1 ganizations with which they have a collective bargaining or 2 other agreement... 3 (j) The equal opportunity clause contained in section 4 202 of Executive Order Number 11246, as amended, is hereby 5 incorporated into this Agreement by this reference. 6 (k) During the performance of this Agreement, SUBRECI- 7 PIENT and its subcontractors, if any, shall not deny the bene- 8 fits rendered hereunder to any person on the basis of religion, 9 color, ethnic group identification, sex, age or physical or men- 10 tal disability. 11 (1) SUBRECIPIENT shall furnish all information and re- 12 ports as required by Executive Order Number 11246, as amended. 13 (m) SUBRECIPIENT shall include the non-discrimination 14 and compliance provisions of the equal opportunity clause in all 15 subcontracts, if any. 16 18. Affirmative Action Compliance. 17 Each SUBRECIPIENT or subcontractor with less than fifty 18 (50) employees shall comply with Section 202, Part II, of Execu- tive Order number 11246, as amended. SUBRECIPIENT shall ensure 19 that subcontractors, if any, falling within the scope of this 20 provision shall comply in full with the requirements thereof. 21 19. Conflict of Interest. 22 No person who is (i) an employee, agent, consultant, 23 officer, or elected or appointed official of the CITY, state or 24 SUBRECIPIENT that receives ESGP funds and who exercises or has 25 exercised any functions or responsibilities with respect to 26 assisted activities, or; (ii) in a position to participate in a 27 decision making process or gain inside information with regard 28 11/14/89 -15- 1 2 3 4 5 6 7 8 to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any con- tract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or those with whom he or she has family or business ties, during his or her tenure or for one (1) year thereafter. 20. E1iaibi1itv of Contractors and Subcontractors. No ESGP funds allocated to SUBRECIPIENT through this 9 Agreement may be used, directly or indirectly, to employ, award 10 contracts to, or otherwise engage the services of, or purchase 11 the goods of, or fund any contractor or subcontractor during any 12 period of debarment, suspension, or placement in ineligibility 13 status under the provision of 24 CFR, Part 4. 14 21. Lead Based Paint. 15 SUBRECIPIENT and all subcontractors, if any, shall com- 16 ply with the requirements, as applicable, of the Lead-Based 17 Paint Poisoning Prevention Act (42 U.S.C., Section 4821-4846) 18 and implementing regulations issued pursuant thereto (24 CFR, 19 Part 35). 20 22. Flood Insurance. 21 No site proposed on which renovation, major rehabilita- 22 tion, or conversion of a building, is to be assisted under this 23 part, other than by grant amounts allocated to the state, may be 24 located in an area that has been identified by the Federal Emer- 25 gency Management Agency as having special flood hazards, unless 26 the community in which the area is situated is participating in 27 the National Flood Insurance Program and the regulations issued 28 11/14/89 -16- 1 2 3 4 5 6 7 8 thereunder (44 CFR, Parts 59-79) or less than a year has passed since the Federal Emergency Management Agency notification re- garding such hazards, and the SUBRECIPIENT will ensure that flood insurance on the structure is obtained in compliance with section 102(a) of the Flood Disaster Protection Act of 1973, (42 U.S.C., section 4001 et. seq.). 23. Notice. Any notices required or desired to be served by either 9 party upon the other shall be addressed to respective parties as 10 set forth below (or to such other addresses as from time to time 11 12 13 14 15 16 may be designated, in writing, by the respective parties): AS TO CITY: AS TO SUBRECIPIENT: Kenneth J. Henderson, Director community Development Department City of San Bernardino 300 North "0" Street, 5th Floor San Bernardino, CA 92418-0001 Robert Anderson, Director The Salvation Army P.O. Box 947 San Bernardino, CA 92402 17 24. Bindina Successors. 18 SUBRECIPIENT, its heirs, assigns and successors in inte- 19 rest shall be bound by all the provisions contained in this 20 Agreement, and all of the parties thereto shall be jointly and 21 severally liable hereunder. 22 25. Assurances. 23 SUBRECIPIENT certifies that it has the legal authority to 24 enter into and meet the requirements of this Agreement. 25 26. Entire Aareement. 26 This Agreement is intended by the parties hereto as the 27 final and exclusive expression of these provisions contained in 28 11/14/89 -17- 1 2 3 4 5 6 7 8 9 10 11 this Agreement and it supersedes and replaces any and all prior and contemporaneous agreements and understandings, oral or writ- ten, in connection therewith. This Agreement may be modified or changed only upon the written consent of the parties hereto. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this day and year first above written. THE SALVATION ARMY, a Cali- fornia Corporation ~~~ ,/ it c- President 12 ATTEST 13 44. - D7f2L.~ ~ / Assistant Secretary 14 15 4hff~~~ /' C1ty' erk Approved as to form and 16 legal content: 17 JAMES F. PENMAN, City Attorney 18 1 . 2 ~: :tt::;o~"" ~~ 21 Rev. 11/14/89 22 23 24 25 26 27 28 11/14/89 -18- THE SALVATION ARMY "Budqet" Budget expenditures for FY 1989/1990 will be as follows: Annual Salaries Salvation (includes 20% Army ESGP Description (frinae ben.l Portion Portion Facility Cook: $ 16,016 $11,966 $ 4,050 Maintenance/Janitorial: $ 14,560 $ 7,280 $ 7,280 Additional Staff: $ 42,924 $42,924 $ -0- util i ties: $ 16,800 $10,800 $ 6,000 (Gas/Water/Elec.) Furnishings: $ 19.700 $10.030 $ 9.670 TOTAL: $110.000 $83.000 $27.000 lab/3540 Nov. 15, 1989 EXHIBIT "A"