HomeMy WebLinkAboutR05-Redevelopment Agency
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DEVOOPMEN'I DEPARTME.::..:t
OF THE CITY OF SAIl BBRlWlDllIO
REOUBS'I lOR CQIRlSSION/COUllfCIL ACTION
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Date:
August 12, 1992
Subject: EMERGBIICY SBBLDR GRA1ft
PROGRAM Alo;lW5I'WIXS WI'IB
PRAZBB C.........IIJ.:l'Y liJIII:[JUt
AIm SALVATION AHMY
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From:
KENNB'IB J. HENDERSON
Executive Director
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SvnoDsis of Previous Commission/Council/Committee Action(s):
On June 15, 1992, the Mayor and Common Council approved a Request for
Proposals (RFP) for the City's FY 1992/1993 Emergency Shelter Grant
Program ($43,000).
On August 3, 1992. the Mayor and Common Council approved funding from
the FY 1992/1993 Emergency Shelter Grant Program (ESGP) to the Frazee
Communi ty Center in the amount of $25,000 and the Salvation Army in
the amount of $18.000.
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Recnmm-..ded Motion(s):
(Mavor .n" C~ Conn~il)
MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL 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 FRAZEE COMMUNITY CENTER.
MOTION: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN
EMERGENCY SHELDR GRANT PROGRAM FUNDING AGREEMENT BETWEEN
Ai THE CITY OF SAN BERNARDINO AND THE SALWAT~ION ARMY.
Admi~Ztrator 1U51'IIIIU1l . ON
REecutive Direct r
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Contact Person(s): Kenneth Henderson/Emilv Wona Phone: 5081
Project Area(s): N/A Ward(s): 1 throuRh 7
Supporting Data Attached: Staff ReDort/Reso1ution
FUNDING REQUIREMENTS:
Amount: $43.000
Source: FY 92/93 ESGP
Budget Authority:
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Commission/C~nn~i1 Notes:
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CQIRlSSION IID'rlllG AGBImA
Meeting Date: 08/17/1992
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Agenda Itea KUIIber:
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DEV}tOPME.T DEPARTME~T
OF THE CITY OF SAIl BBRlWlDIRO
sun REPORT
BaerRencv Shelter Grant ProRr.. (ESGP)
On February 26. 1992. the U. S. Department of Housing and Urban Development
(BUD) approved the City of San Bernardino's application for Fiscal Year
1992/93 Emergency Shelter Grants Program (ESGP) funds in the amount of $43,000
to apply certain types of assistance to address home1essness. Subsequently, a
Request for Proposals (RFP) was released in June of 1992. The Mayor and
Common Council directed staff to solicit proposals from qualified non-profit
entities for the ESGP and utilize the Housing Committee to review eligible
proposals and make funding recommendations to the Mayor and Common Council. A
total of four proposals were received and evaluated. Based upon the
evaluations. the Mayor and Common Council approved funding Frazee Community
Center in the amount of $25.000 and Salvation Army in the amount of $18,000.
The proposed funding agreements with Frazee Community Center and Salvation
Army are attached for your information, review and approval.
Staff recommends adoption of the attached resolution.
ON. Executive Director
rtllent
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KJH:EMW:0727T
COIRlSSION IID'rIIlG AGB1IDA
MeetiDa Date: 08/17/1992
Agenda It. ~er: ~
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USOLDTION 01' TIIB IIlYOR BD COIR). COUIICIL OF TIIB CITY OF SQ
BDIIAIDIIO AIJTBORIZIlIG AJID DIIICTmG TIIB DBCUTION 01' Q IlItBl__GY SBlLTD
GUIlT rmmIllG AGIWiI'lU'~ 1lB1'...... THE CITY OF SAIl BDIIAIDIIO AD TIIB I'RAZD
c~._..ln WiIU:_.
BE IT USOLVID BY TIIB IIlIOR AIID COM)B COUlICIL 01' TIIB CITY OF SAIl
Rvvw.&DnIBO.
Section 1.
a) The Mayor of the City of San Bernardino is hereby authorized
8 and directed to execute on behalf of the City an agreement for FY 1992/1993
9 Emergency Shelter Program Grant funding with the Frazee Community Center,
10 which agreement is annexed hereto as Exhibit "1". and is incorporated herein
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by reference as thOugh fully set forth at length. The agreement provides for
12 the grantina of Emergency Shelter Grant funds in the amount of $25.000.00.
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Section 2.
a)
The authorization to execute the above referenced agre~ent is
" 15 rescinded if the parties to the asreement fail to execute it within sixty (60)
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16 days of the passage of this resolution.
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5 reaular meeting thereof, held on the
6 by the following vote, to wit:
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9 COIMISSION IIBIIBBRS:
10 ESTRADA
11 REILLY
12 HERNANDBZ
13 MAUDSLBY
14 MINOR
15 POPE-LUDLAIl
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.. MILLER
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20 of
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USOLDTIat""'tF TIll IIlYOR AlID COIM)N COUltCII{) TIll CITY OF SAIl
BBRlUDIRO AIJTIIORl'ri1lG AlID DIUCTIW; TIll DBCUTION'W All BMEIIGDCY
SBBLrn PROOIAII GRANT FlllOlIW; ~1UIJirI&IIJ: BB'1'WBBlI TIll CITY OF SAIl
BBRlUDIRO AlID TIll FIAZD C-__.lIJ.:l'Y 1aIIl:U;.
I HEREBY CBRTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a
day of
, 1992.
ml
lAD
ABSTAIN
, R.Clarr
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City Clerk
The foregoing resolution is hereby approved this
. 1992.
day
W.R. HOLCOMB. 1IQ'0r
City of San Bernardino
Approved as to form
24 and legal content:
25 JAIIBS P. J'BIIIO.
City Attomq
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27 BY~)
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2 STAD 01' CALIPODU. )
(' C01JIITY 01' as BBRlURDIWO ) ..
3 CITY 01' as BBRlURDIBO )
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5 I. UCBIL DASIII'f. City Clerk in and for the City of San
Bernardino. DO HEREBY CERTIFY that the foregoing and attached copy of
6 the Mayor and CODlllon Council of the City of San Bernardino Resolution
No. is a full, true and correct copy of that now on file in
7 this office.
IN WITRESS WHEREOF, I have hereunto set my hand and affixed the
8 official seal of the Mayor and Common Council of the City of San
9 Bernardino this _ day of , 1992.
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City Clerk
City of San Bernardino
By:
Deputy
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AC:~~ POR un or 1lIIBJl.\;1Ii.cY SBBLrn GRAIIT PlJlIDS
THIS AGRBBMBIT. entered in this ____ day of
, 1992, by and
between the CITY or su R1rIIWAIIDIRO. (hereinafter referred to as "CITY") and
THE PRAZII ~1_IIJ.rr ~1IiIII". s Ca1ifornis non-profit corporation,
(hereinafter referred to sa ("SUBRECIPIENT");
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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
12 the homeless. to help make avsi1able additional emergency shelters, and to
13 help meet the costs of operating emergency shelters and of providing certain
14 essential social services to homeless individuals. and;
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WHEREAS. CITY is authorized to contract with non-profit corporations for
16 the use of ESC:P funds to provide various services for homeless individuals,
17 and;
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WHEREAS. SUBRBCIPIERT as a non-profit corporation. is eligible under
19 the "Act" to receive ESGP funds to provide those services as described herein. --
20 NOW. THEREfORE. the parties hereto do mutually agree as follows:
21 1. 1nII.
22 The term of this Agreement shall be for a period commencing on
23 July 1. 1992, and terminating on June 30. 1993. or as otherwise as provided
24 for in Paragraph 5 herein.
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SCODt! of Services.
2.
SUBRBCIPIENT promises and agrees to provide certain emergency
27 shelter grant program services for homeless persons by utilizing the sum of
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funds. as set forth. in the manner provided in Exhibit "A"
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$25.000.00 in ESGP
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which is attache~ereto.
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and by this reference. incorporated herein.
SUBRBCIPIENr shall also provide hom1ess individuals with assistance in
obtaining (i) appropriate supportive services, including permanent housing,
physical hes1th treatment, mental health treatment, counseling, supervision,
and other services essential for achieving independent living. and; (ii) other
federal, state. local and private assistance provided hereunder shs1l be in
7 full conformity with the "Act". and any amendments thereto, and the federal
8 regulations and guidelines now. or hereinafter enacted pursuant to the "Act".
9 3. Mat..1l1na ~d..
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SUBRECIPIENT must supplement its emergency shelter grant amounts
II with an equal amount of funds from sources other than those provided herein.
12 These funds must be provided after the date of the grant award to the
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SUBRBCIPIENr.
SUBRBCIPIENT may comply with this requirement by providing the
14 supplemental funds itself. or through supplemental funds or voluntary efforts
15 or gifts in kind provided to SUBRECIPIENT, as appropriate.
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4.
Ca1cu1atina the Matchina 1.........1'.
In calcu1atina the amount of supplemental funds. there may be
18 included the value of any donated material or bui1ding(s), the value of the
19 1ease(s) on the bui1ding(s); any salary paid to staff of the SUBRECIPIENT. or
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to any State or non-profit recipient. as appropriate. in carrying out the
emergency shelter grant program; and the time and services contributed by
volunteers to carry out the emergency shelter grant program determined at the
23 rate of $5.00 per hour. For purposes of this Paragraph 4, the SUBRECIPIENT.
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upon written concurrence of the Executive Director of the Development
Department ("Director"), will determine the value of any donated material or
bui1dina(a). or any lease(s). or furnishings and equipment using any method
reasonably calculated to establish a fair market value.
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(a) Either party may terminate this Agreement upon thirty (30)
3 days prior written notice to the other party.
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(b) Notwithstanding the provisiollA of Paragraph 5(a), CITr 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 SUBRECIPIEIIr fails to perform the covenants herein contained; (11)
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 Department of Housing and Urban Development (BUD), referred to
12 in the recitals herein. is reduced. terminated or otherwise becomes
13 unavailable. CITY shall provide written notice to SUBRECIPIENT within ten
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(10) working days fro. the date BUD reduces. suspenda or terminates the ESGP
funding.
This Agreement may, at the discretion of the Executive Director of
16 the Development Department. be either terminated or amended to reflect said
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reduction of funds.
(c) Upon termination of this Agreement. SUBRECIPIENT agrees to
19 return any unenc_bered funds which it has been provided by CITro In
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accepting said funds, CITY does not waive any claim or cause of action it may
have against SUBRECIPIERT for breach of this Agreement.
(d) Upon termination of this Agreement, SUBRECIPIENT shall not
incur any obligations after the effective date of such termination.
(e) Any provisions for inspection and audits relative to the
expenditure of fund. provided for hereunder shall not be ended upon the date
of any termination but shall continue thereafter as specified herein.
6. P.~t of "m"_.
The Mayor and Common Council of the CITY shall determine the final
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disposition and distribution
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of all funds received by CITY under the "Act".
2 CITY, throUlh its Development Department, shall make payments of ESGP funds to
3 SUBRBCIPIEBT for the purposes set forth in EXhibit "A" and shall monitor the
4 expenditure of funds and activities of SUBRECIPIElft to ensure compliance with
5 applicable federal regu1ationa and the terms of this Agreement. SUBRECIPIENT
6 shall establish and maintain a separate account for all ESGP funds received
7 under this Agreement and deposit all such funds in said account.
All disbursements of grant funds by the Development Department will
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9 be made in the following manner:
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(a) Psyments shall be made on a reimburseDent basis and made within
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thirty (30) days after the SUBRECIPIENT has submitted written notice
12 identifyina payments made and requesting reimbursement. Payments shall be
13 based on documented expenaes by SUBRECIPIEBT. approved by the EXecutive
14 Director of the Development Department, or designee.
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(b) One (1) advance payment may be granted to SUBRECIPIENT in such
16 amount and at such time as determined by the EXecutive Director of the
17 Development. Department. not to exceed $5.000.00, whenever. whenever he/she
18 finds that a need for same is properly dOCUMented and otherwise consistent
19 with the purposes of the grant.
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(c)In no event shall CITY. or any of its Officers. agents or
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employees. be held liable for expenses incurred by SUBRBCIPIEJr.r In excess of
the ESGP allocation noted in Paragraph 2, entitled "ScoDe of Services".
(d) Payments may be withheld if. on a determination by the
Director of the Development Department. SUBRECIPIENT has not complied with the
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covenants herein contained at such times. and in such manner ss provided in
this Agre'ement.
(e) No later than thirty (30) days prior to the date set forth
herein for termination of this Agreement. SUBRECIPIENT shall provide CDD with
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its estimate
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~ the amount of funds which wiu''';'emain unexpended upon such
2 termination.
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Notwithstanding any provisions contained in this Paragraph 6, CITY,
4 through its Executive Director of the Development Department, shall
5 thereafter. upon reasonable notice provide to SUBRECIPIBNT, have the right to
6 (i) reduce the paYMent of funds hereunder. (ii) renegotiate the actual levels
7 of expenditures in the event SUBRECIPIENT'S rate of expenditures will result
8 in unexpended funds at the expiration of this Agreeaent. and/or; (iii)
9 re-program funds associated with a project in which the Executive Director of
10 the Development Department finds there has been no substantial progress or
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activity.
7.
Do--tation. ReDOrts. InsDections .ft.. Perfo.....ftce Evaluations.
(a) Documentation of ErDenditures. All expenditures supported b1
14 properly executed payrolls, time records. invoices, contracts. vouchers.
15 receipts. orders and any other accounting documentation pertainins. in whole
16 or in part. to this Agreement. shall be clearly identified and readily
17 accessible. SUBRECIPIENT shall maintain and keep available all such documents
18 for a period of not less than three (3) years fro. the termination of this
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Agreement. if a CITY, state and/or federal audit has occurred within siz (6)
months prior to date of termination. and for a period of not less than five
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(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 been cleared to the satisfaction of the auditina authority.
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(b) ReDorts. SUBRECIPIEN'I. at such times and on such forms as
CITY may require. shall furnish CITY such statements, records. reports, data
and information as CITY may request pertaining to its performance of services
27 hereunder and other matters covered by this Agreement.
SUBRECIPIBNT shall
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establish and maintain records in accordance with the Office of Management and
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(OMS Circulars lumbered A-IIO
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and A-112. respectively. as applicable to
the acceptance and use of emergency shelter grants.
3 (c) InsDections. SUBRBCIPIENT shall make available to CITY. state
4 and/or federal officials its records and data with respect to all matters
5 covered by this Agreement for inspection and aUdit, which inspection and audit
6 may be made at any time after reasonable notice. SUBRECIPIENT shall comply
7 with the audit requirements of OMS Circular Number A-110. as applicable. and
8 as they relate to the scceptance and use of federal funds under this Alreement.
9 (d) Perfor1lla.,ce Evaluations. SUBRECIPIBI'I shall permit CITY.
10 state and/or federal officials to monitor, assess or evaluate SUBRBCIPIBI'I'S
11 performance under this Agreement on at least a monthly basis. said monitorins.
12 assessment or evaluation to include. but not be limited to. audita. inventory,
13 inspections within the program area. and interviews with SUBRBCIPIENr'S
14 employees. agents, independent contractors and subcontractors. provi'lUns the
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services under this Agreement and recipients thereof.
(e) This Agreement contemplates that the SUBRBCIPIBI'I will pay
salaries. utilities and furnishings with the monies provided in accordance
with Exhibit "A" and Section 2 of this Agreement. SUBRBCIPIENT 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/Janitorial.
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and; (ii) Facility Cook.
8. Bui14t.,. or Facility.
(a) Any building for which emergency shelter grant amounts are used
for renovation, conversion. or major rehabilitation. must meet local safety
and sanitation standards.
(b) When ESGP funds are utilized to provide emergency shelter for
the h~e1ess in hotels or motels or other commercial facilities providing
transient housing. (i) SUBRBCIPIENr. at the request of CITY, shall execute an
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Agreement with the
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provider of such housing which providea that co.parable
2 living space. in terms of quality, available in the facility for use as
3 emergency shelters for at least the same period of tille as provided in
4 Paragraph 9 herein. and; (ii) leases negotiated between SUBRBCIPIBRr and the
5 provider of such housing shs1l make avai1sb1e such living space at
6 substantially less than the daily room rate otherwise charged by the facility
7 and; (iii) SUBRECIPIENT shall certify. in writing. to City that it has
8 considered using other facilities as emergency shelter for the ho.eless in the
9 CITY.
10 (c) SUBRECIPIENT shall enaure thst sny buildiq or facility ia
II utilized excluaively for secular purposes and ia made available to all person
12 regardless of religion. If ESGP funds are used to renovate. rehabilitate. or
13 convert buildings owned by primarily religious organization or entities.
14 SUBRBCIPIENTS shall comply with the provisions of '1it1e 24. Code of Federal
15 RegUlations. Part 575.21(b)(2).
16 (d) SUBRECIPIENT shall comply with the Unifonl Federal
17 Accessibility Standards (24 CFR. Part 40. Appendiz "A"). When activities
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funded by the ESGP involve major rehabilitation or conversion.
9. Maiut.......ce as a ......le.. Facility.
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(a) SUBRECIPIENT shall maintain 8JQ' building for Which ESGP funds
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are used for not less than three (3) year period. or for not 1esa than a ten
22 (10) year period if the grant amounts are used for major rehabilitation or
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conversion of the building.
(b) The three (3) or ten (10) year periods begin to run, (i) on
the date of initial occupancy as an emergency shelter for the homeless when
the building utilized was Il21 operated as an emergency shelter for the
27 homele.. before receiving ESGP funds, or; (ii) on the date that ESGP funds are
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first obligated to the shelter When the building was operated as an emergency
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shelter before receiving
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ESGP funds. or; (ii) on the date that ESGP funds are
2 first obligated to shelter when the building was operated as an emergency
3 shelter before receiving ESGP funds.
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(c) When ESGP funds are used exclusively to provide essential
5 services including. but not limited to, services concerned with employment,
6 physical or mental health. substance abuse. education. food, equipment or
7 furnishings. the time periods noted above are not applicable.
8 10. Indev......ent Cavadty.
9 SUBRBCIPIEIT. and its officers. employees and agents. shall act in
10 an independent capacity during the tel'll of this Agreement and shall not act
11 88, shall not be. nor shall they in any manner be construed to be officers.
12 employees. or agents of the CITY or the State of California.
13 11. As.I....bility.
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SUBRBCIPIEIT cannot assign any of its rights. duties or obligations
pursuant to this Agreement to any person or entity without the prior written
consent ~f CITY. This includes the sbi1ity to subcontract all. or a portion
of. its right.. duties and obligations hereunder.
12. IlUI1IraniPe.
SUBRECIPIENT shall during the tel'll of this Agreement:
(a) Procure and maintain Workers' Compensation Insurance as
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prescribed by the laV8 of the State of California.
(b) Procure and maintain comprehensive general and automobile
liability insurance as shall protect SUBRBCIPIENT from claims for damages for
personal injury. inCluding accidental and wrongful death. as well as from
claims for property damage. which may arise from activities or programs under
this Agreement. whether such activities or programs by by SUBRECIPIENT, by any
subcontractor or by any Officer. employee or agent of either of them.
Such insurance shall name CITY as an additional insured with
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I respect to thb Agreement and the obligations of SUBDCIPIENT hereunder. Such
2 insurance shall provide for combined coverage limits of not less than
3 $1,000,000 per occurrence.
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(c) Furnish CITY with policies of insurance showing that such
5 insurance is in full force and effect. and that CITY is named as an additional
6 insured with respect to this Agreement and the obligations of SUBRBCIPIENT
7 hereunder. Further. said policies shall contain the covenant of the insurance
8 carrier that thirty (30) days written notice will be given to CITY prior to
9 mOdification. cancellation. or reduction in coverage of such insurance.
10 13. Bold Baraless.
II SUBRECIPIElIT shall indemnify and hold CIn. its officers, agents.
12 employees and independent contractors free and harmless from any liability
13 whatsoever. including wrongful death. based or asserted upon any act or
14 omission of SUBRBCIPIENT. it Officers. agents. employees and independent
]5 contractors in any legal action based upon such alleged acts or omissions.
]6 The specific insurance coverage required in Paragraph 12 shall in no way 1iait
17 or circumscribe SUBRECIPIBNT'S obligation to indemnify and hold CITY harmless
]8 as set forth in this Paragraph 13.
]9 14. Federal Reauirellent.
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(a) SUBRECIPIBNT shall comply with the provisions of the Act. and
any amendmenta thereto. and the federal regUlations and guidelines now or
hereinafter enacted pursuant to the "Act". More particularly, SUBRECIPIENT is
to comply with those regulations found in Part 575 of Title 24 of the Code of
Federal Regulations and OM! Circu1ara Numbered A-110 and A-112, respectively,
and appropriate attachments for non-profit organization contractors.
(b) The SUBRECIPIENT represents that it is. or may be. a religious
or denoainationa1 institution or organization or an organization operated for
religious purposes which is supervised or controlled by. or in connection
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I with. a religious or denominational institution or organization.
2 (c) The SUBRECIPIEIT agrees that, in connection with the services
3 to be provided hereunder. (i) it will not discriminate against any employee or
~ applicant for employment on the basis of religion and will not limit
5 employment or give preference in employment to persona on the basis of
6 religion; (ii) it will not discriminate against any person applying for such
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services on the basis of religion and will not limit such services or give
8 preference to persons on the basis of religion; (iii) it will provide no
9 religious instruction or counseling, conduct no religious workshop or
10 services. engage in no religious proselytizing and exert no other religious
11 influence in the provision of such services; (iv) the portion of a facility
12 used to provide services assisted. in whole or in part. under this Agreement
13 shall contain no sectarian or religious symbols or decorations. and; (v) the
1~ funds received under this Agreement shall not be used to conatruct. '
rehabilitate. or restore any facility which is owned by the SUBRECIPIEIT in
which the services are to be provided; Drovided that. minor repairs may be
made if such repsirs are directly related to the services; are located in a
structure used exclusively for non-religious purposes. and; constitute in
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services.
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15.
C......liAft... vi ~ Law_
SUBRBCIPIEIT shall comply with all federal. stste and local laws
and regulations pertinent to its operation and services to be performed
hereunder, and shall keep in effect any and all licenses. permits, notices and
certificates as are required thereby.
SUBRECIPIENT shall further comply with
all laws 'applicable to wages and hours of employment. occupational safety and
to fire safety. health and sanitation.
tnt:0322V
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16. C~r~~~.i.e B~le.. '..i.t.ft~e Plan.
SUBRECIPIBIT shall cooperate with CITY in undertaking emergency
shelter Irant activities and shall assist CITY in carrying out its
Comprehensive Homeless Assistance Plan and shall act in conformity therewith.
17. Nou-Disert.tnatiou..... Eana1 DDDOrtunitv C~liance.
SUBRECIPIENT hereby certifies compliance with the following:
(a) Executive Order Number 11246, as amended, and the regulations
issued thereunder at Title 41. Code of Federal Regulations. Chapter 60;
(b) Title VI and Title VII of the Civil Rights Act of 1964 (423
10 U.S.C. Section 2000(d) et. seq.). as amended by the Equal Opportunity Act of
11 March 24. 1972. (Public Law Number 92 261;
12 (c) '1it1e VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections
13 3601-3619) and implementing regulations issued pursuant thereto (24 CFR, Part
1);
1.
15
(d) Executive Order Number 11063 and implementing regulations
16 issued pursuant thereto (25 CFR. Part 107);
(e) Age Discrimination Act of 1975 (42 U.S.C.. Sections
17
18 6101-6107);
(f)
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C..
19
~
20 Section 794). and;
(g) Executive Orders Numbered 11625. 12432 and 12138.
21
22
consistent with BUD's responsibilities under these Orders, the
23 SUBRECIPIENT must make efforts to encourase the use of minority and women
2. owned business enterprises in connection with ESGP activities;
(h) SUBRECIPIEIT shall establish and maintain a procedure through
25
26 which homeless individuals will be informed of the facilities and services
27 available to all on a nondiscriminatory basis.
28
(i)
SUBRECIPIENT agrees to abide by. and include in any
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subcontracts to perform work under
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this Agreement. the following clause:
2 "Durina the performance of this Agreement. SUBRBCIPIENT and it.
3 subcontractors shall not unlawfully discriminate aaainst any employee or
4 applicstion for employment because of race. religion. color, national origin.
5 ancestry, physical handicap. medical condition. marital status, age (over 40),
6 or sex. SUBRECIPIBNT and subcontractors shall ensure that the evaluation and
7 treatment of their employees and applications for employment are free of such
8 discrimination.
9
SUBRBCIPIEN'I and subcontractors shall comply with the provisions of
10 the Fair Bmp10yment and Housina Act (Government Code. Section 12900 et.
11 seq.). The applicable regulations of the Fair Employment and Housing
12 Commission imp1ementina Government Code Section 12990. set forth in Chapter
13 five (5) of Division four (4) of Title two (2) of the California
14 Administrative Code are incorporated into this AGreement by reference and made
15 a part hereof as if fully set forth at length.
16
SUBRBCIPIENT and its subcontractors shall give written notice of
17 their ob1igstions under this clause to labor organizations with which they
18 have collective bargaining or other agreement."
(j) The equal opportunity clause continued in Section 202 of
19
20
EXecutive Order Number 11246. as amended. is hereby incorporated into this
=
21
22
23
Agreement by this reference.
(k) During the performance of this Agreement. SUBRECIPIENT and ita
subcontractors. if any, shall not deny the benefits rendered hereunder to any
24 person on the basis of religion. color, ethnic group identification. sex. age
25
26
27
28
or physical or mental disability.
(1) SUBRBCIPIEN'I shall furnish all information and reports as
required by EXecutive Order Number 11246. as amended.
(m) SUBRBCIPIENT shall include the non-discrimination and compliance
tnt:0322V - 12 -
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provisions of the
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equal opportunity clause in all subcontracts. if any.
II. Affinaatiye AetiOD C~lianee.
Each SUBRECIPIENT or subcontractor with less than fifty (50)
4 employees shall comply with Section 202. Part II. of Executive Order Number
5 11246. u amended. SUBRECIPIEIT ahall ensure that subcontractors. if any.
6 falling within the scope of this provision shall comply in full with the
7 requirements thereof.
8
9
19. CODflict of Interest.
No person who is (i) an employee. agent, consultant. officer. or
10 elected or appointed official of the CITY. state or SUBRECIPIENT that receives
II ESGP funds and who exercises or has exercised any functions or
12 responsibilities with respect to assisted actiYities. or; (ii) in a position
13 to participate in a decision making process or gain inside information with
14 regard to such activities. may obtain a personal or financial interest or
15 benefit from he activity, or have an interest in any contract. subcontract or
16 agreement with respect thereto. or the proceeds thereunder. either for himself
17 or herself or those with wholl he or she has faaUy or business ties. during
18 his or her tenure or for one (1) year thereafter.
19
20
21
22
23
20. 11iaibi1itv of Contractors .ft" Subcontraetors.
No ESGP funds allocated to SUBRBCIPIERr through this Agreement
~
may be used. directly or indirectly, to employ, award contracts to. or
otherwise engage the services of. or purchase the goods of. or fund any
contractor or subcontractor during any period of debarment. suspension. or
24 placement in ineligibility status under the provision of CFR. Part 4.
21. Lead Bued Paint.
25
26
SUBRECIPIEIT and all subcontractors. if any. shall comply with
27
the requirements. as applicable. of the Lead-Based Paint Poisoning Prevention
28 Act (42 U.S.C., Section 4821-4846) and implementing regulations issued
tnt:0322T - 13 _
08/12/92
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22. nood. I1UIu..n~e.
No site proposed on which renovation. major rehabilitation, or
conversation of a building, ia to be assisted under this part. other than by
grant amounts allocated to the state. may be located in an area that has been
identified by the Federal Emergency Management Agency as having special flood
7 hazards. unless the community in which the areas is situated is participating
8 in the National Flood Insurance Program and the regulations issued thereunder
9 (44 CFR. Parts 59-79) or less than a year has passed since the Federal
10 Emergency Manaaement Agency notification regarding such hazards. and the
11
SUBRBCIPIENT will ensure that flood insurance on the structure is obtained in
12 compliance with Section 102(a) of the Flood Disaster Protection Act of 1973.
13 (42 U.S.C.. Section 4001 et. seq.).
14
15
23. !fotiee.
Any notices required or desired to be served by either party
16 upon the other shall be addressed to respective parties as set forth below (or
17
to such other addresses as from time to time may be designated, in writing. by
18 the respective parties):
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20
21
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23
24
25
26
AS to CITY:
AS to SUBRBCIPIDT:
I:enneth J. Readerson. be. Dir.
DBVILOPIIBIIT DEPll......x
City of San Bernardino
201 !forth ..." Street. 3rd noor
San Bernardino CA 92401-1507
.edra Wallace. becutiye Director
PRAZBI co-,lI.l:l'Y ....;n'.
1140 West Rill Street
San Bernardino CA 92412
24. Bt....ina Successors.
SUBRECIPIENT. its heirs, assigns and successors in interest
shall be bound by all the provisions contained in this Agreement, and all of
27 the parties thereto shall be jointly and severally liable hereunder.
28
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- 14 -
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12 against
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15 1111
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SUBRBCIPIENT certifies that it has the legal authority to enter
3 into and meet the requirements of this Agreement.
4
26. llDtire AlIre_ent.
5 This Agreement is intended by the parties hereto as the final
6 and exclusive expression of these provisions contained in this Agreement and
7 it supersedes and replaces any and all prior and contemporaneous agreements
8 and understandings. oral or written. in connection therewith. This Agreement
9 may be modified or changed only upon the written consent of the parties hereto.
10 27. No Third Party Beneficisries.
No third party shall be deemed to have any rights hereunder
any of the parties hereto as a result of this Agreement.
~
27 II II
28 1111
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IN WITlESS WHEREOF.
,
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the parties hereto have hereunto their hand. and
.ea1. this day and year first above written.
CITY or SAIl RU-AlIDXRO
TBI PRAZRB COII_.lIJ.:l'Y l.Uf',rJlIl. a
California Corporation
W. R. BOLCOIIB. IIqor
City of San BernardiDD
Pre.ident
Secretary
8 ArrEST
9
10
11 City Clerk
City of San Bernardino
12
13 Approved as to fo~
and legal content:
14
15 JAIIBS F. PDIWI
City Attornq
16 BY:
17
--"
18 1111
19 1111 ~
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21 1111
22 1111
23 1111
24 1111
25 1111
26 1111
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RESOLUTION BlJIUlBR
RESOLUTION 01' TBI KAYOR AIm COMlN COURCIL 01' TBI CITY OF SAIl
Rn.nDtRO AImIORIZIIIG AIm DIUCTIIIG THE IXlCOTION OF All IlIUlRGDCY SBBL'ID
GRAft FlllOlIllG AGkufwn: BB'r\o6611 TBI CITY OF SAIl BBIlURDIRO AIm THE SALVATION
.llIIIY .
BE IT USOLVID BY TBI KAYOR AIm COIlII)N COURCIL OF TBI CITY OF SAIl
R1rIIWnDlRO .
Section 1.
a) The Mayor of the City of San Bernardino is hereby authorized
8 and directed to execute on behalf of the City an agreement for FY 1992/1993
9 Emergency Shelter Program Grant funding with the Salvation Army. which
10 agreement is annexed hereto as Exhibit "1". and is incorporated herein by
11 reference as though fully set forth at length. The agreement provides for the
12 granting of Emergency Shelter Grant funds in the amount of $18.000.00.
13
14
Section 2.
a>
The authorization to execute the above referenced agreement is
.,
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15 rescinded if the parties to the agreement fail to execute it within sixty (60)
16 days of the passage of this resolution.
17
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18 1111
19 1111 =-
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21 1111
22 1111
23 1111
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26 1111
27
, 28 tnt:0321V - 1 -
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, ..--5-.-
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usouO- or TBI MYOI AlII) COlllOll colJlll-l or TBI CITY or SAIl
I '1rIIWAIIDtBO A1JTIIORIZIIIG AlII) DIUCTIJl: TBI BDCOTION or All BMIIGBlIC'f
sm.ra PROGUII QAft rmmIJl: AGUDwn: Ul'Io6Jill TBI CITY OF SAIl
2 '1rIIWAIIDtRO AlII) TBI SALVATION 1IIIr.
,
...
3
I HEREBY CERTIFY that the foregoing resolution was duly adopted
4
by the Mayor and Co_on Council of the City of San Bernardino at a
5
reaular meeting thereof, held on the
6
by the following vote. to wit:
7
day of
, 1992.
8
9 COIRlSSION _nIl: Am lAD ABSTAIN ABSBlIr
10 ESTRADA
11 REILLY
]2 HBRlWmEZ
]3 MAUDSLBY
14 MINOR
..-"....... ]5 POPE-LUDLAM
,
.
~ ]6 MILLER
17 !=
18 Ci ty Clerk
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The foregoing resolution is hereby approved this day ~
20 of . 1992.
2]
22
23
24 Approved as to form
and legal content:
25 JAIIBS r. :PBIBUI.
26 City Attorll/lY
BY:~
27
, 28 tnt:0321V - 2 -
.. 08/12/92
W.R. BOLCOIIB. Mayor
City of San Bernardino
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2 SDD or car.IPORlIU )
,,,. COUIITY or SAIf IlUIIARDIIO ) sa
''''' 3 CITY or SAIl IlUIIARDIIO )
4
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I, RACBIL DASD'f, City Clerk in and for the Ci ty of San
5 Bernardino. DO HEREBY CERTIFY that the foregoing and attached copy of
6 the Mayor and CODlllon Council of the City of San Bernardino Resolution
No. ia a full, true and correct copy of that now on file in
7 this office.
8
IN WITRBSS WHEREOr. I have hereunto set my hand and affixed the
official seal of the Mayor and Common Council of tbe City of San
9 Bernardino thia _ day of , 1992.
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28 tnt:0321V
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City Clerk
City of San Bernardino
By:
Deputy
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2
THIS AGUIPwn, entered in thi. _ day of
. 1992, by and
3
4
5
6
between the CITY OF SAN BERNARDINO. (hereinafter referred to a. "CI'IY") and
TBB SALVATION ARKr. a California non-profit corporation. (hereinafter referred
to a. ("SUBUCIPIEIT");
7
Jl1%11111%1
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WHEREAS, pursuant to Subtitle "B" of the Stewart B. McKiDney Romeles.
Aa.istance Act of 1987 (Public Lav 100-77). (hereinafter referred to a. the
"Act"). CI'IY ha. been awarded Bmersency Shelter Grant Progr.. ("ESGP") fund.
which are to be u.ed to improve the quality of exiatina emergency .helters for
the home1es.. to help make available additional emeraency .he1ter.. and to
help meet the co.t. of operatina emergency she1tera and of providina certain
essential .ocial aervices to home1esa individual.. and;
15 WHEREAS. CI'IY i. authorized to contract with non-profit corporation. for
16 the use of ESGP fund. to provide variou. .ervice. for home1e.. individuala.
17 and;
18 WREREAS. SUBRBCIPIBNT a. a non-profit corporation. is elisib1e under
19 the "Act" to receive ESGP funds to provide tho.e .ervice. a. deacribed herein.
20 KOW. THEuroRB. the parties hereto do IIUtuaUy agree as follow.:
21 1. tmI.
22
The term of thi. Alreement shall be for a period cOMmencina on
23 July 1, 1992. and terminatina on June 30. 1993. or aa otherwiae aa provided
24 for in Paragraph 5 herein.
25
2. . BeGIN! o~ SerYieeJI.
26
27
SUBUCIPIBNT promi.e. and asree. to provide certain emergency
28 Reyised ./12/92
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ahelter .rant pro.ram aervicea for homeleaa peraona b7 uti1izina the aua of
3
..
$18,000.00 in ES;' fUDda. aa aet forth in the maDDer provided in lXbibit "A"
which ia attached hereto. and by thia reference. incorporated herein.
5
SUBRBCIPIIIT ahall a1ao provide homea individuala with aaaiatance in obtainins
6
(i) appropriate aupportive aervices. includina permanent houaina. phyaical
7
health treataent. mental health treatment. counaelins. auperviaion. and other
8
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servicea esaential for achievina independent livina. and; (ii) other federal,
state, local and private asaiatance provided hereUDder shall be in full
conformity with the "Act". and BDY amendmenta thereto. and the federal
regulationa and .uidelinea now, or hereinafter enacted pursuant to the "Act".
3. llat~htft. ..........
SUBRBCIPIIIT must aupplement ita emergenC7 shelter grant amounts with an
equal amount of fUDda from aourcea other than thoae provided herein. These
fUDda IlUst be provided after the date of the .rant award to the SUBRBCIPIIIT.
SUBRECIPIENT ...y comply with this requirement by providina the supplemental
funds itae1f. or through supplemental funds or voluntary efforts or gifts in
kind provided to SUBRBCIPIENT. aa appropriate.
4.
r..le1ll.~tft. ..,,_ llat:~'ht'll. ..~..
In calcu1atina the amount of supplemental funda, there may be
included the value of BDY donated ...terial or buildiDa(s). the value of the
1ease(s) on the bui1dina(a); BDY salary paid to staff of the SUBRBCIPIERT. or
to BDY State or non-profit recipient. aa appropriate. in carryina out the
23 emerlenC7 shelter grant prolram; and the time and services contributed by
24 vo1unteera to carry out the emer.ency shelter grant program determined at the
25 rate of $$.00 per hour. For purposes of this Paragraph 4. the SUBRECIPIENT,
26
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upon written concurrence of the Executive Director of the Development
Department ("Director"). will determine the value of BDY donated material or
Revised 8/12/92
BW:pav:OOl7c
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DIIIBIT "1-
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bui1dina(a). or any leaae(a). or furniahinaa and equipment usina any .ethod
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reaaonably calculated to eatab1iah a fair .arket value.
5. Teraillation.
(a) Either party may terainate thia Alreeaent upon thirty (30)
days prior written notice to the other party.
(b) Botwithstandina the proviaiona of Paragraph 5(a). CITY may
suspend or terminate thia Alreeaent forthwith for cause. upon written notice
to SUBRBCIPIEBr of the action beina taken. Cauae aha11 be eatab1ished. (i) in
the event SUBRlCIPIBNT faila to perform the covenanta herein contained; (ii)
in the event there is a conflict with any federal. atate or local law.
ordinance. regulation or rule renderina any of the provisiona of this
Agreement invalid or untenable. or; (Ui) in the event the fundina fro. the
United Statea Department of Houaina and Urban Development (BUD). referred to
in the recitala herein. ia reduced. terminated or otherwise becomes
unavailable. CITY shall provide written notice to SUBUCIPIENT within ten
(10) workina daya fro. the date BUD reducea. suapencla or terminatea the ESGP
fundina. This Alreement may. at the discretion of the Iltecutive Director of
the Development Department. be either terminated or amended to reflect said
reduction of funds.
(c) Upon teraination of this Alreement. SUBRBCIPIBNT agrees to
return any unencUllbered funda whith it haa been provided by CITY. In
22 acceptina said funda, CITY doea not waive any c1aia or cause of action it may
23
have againat SUBRECIPIBNT for breath of this Agreement.
24
(d) Upon termination of this Agreement. SUBUCIPIENT shall not
25 incur any:ob1igationa after the effective date of suth termination.
26
(e) Any provisiona for inspection and audita relative to the
27 expenditure of funda provided for hereunder shall not be ended upon the date
28 Revised 1/12/92
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of any terainstion but shall continue thereafter .. specified herein.
3
4
6. p....-af: of 'I'Iotft"..
The Mayor and Common Council of the CITY shall determine the dina1
disposition and distribution of all fUDda received b7 CITY under the "Act".
5
CITY. through iu Development Departlllent, shall uke paYllenU of ESGP funds to
6
SUBRECIPIEIT for the purposes set forth in EXhibit "." and ahall monitor the
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ezpenditure of funds and activities of SUBRBCIPIEIT to eD8ure compliance with
applicable federal regulations and the terma of this Agreement. SUBRBCIPIEIT
shall establish and maintsin a sepsrate account for all ISGP funds received
under this Alreeaent and deposit all such funds in said account.
All disbursemenu of grant funds by the Development Departlllent will
be made in the followiDl manner:
(a) Payments shall be made on a reimbursement basis and made within
thirty (30) days after the SUBRBCIPIEIT has submitted written notice
identifying paYllenU made and requestiDl reimbura_t. PaYllents shall be
based on dOCUMented ezpenses by SUBRECIPIEIT. approved by the Executive
Director of the Development Department. or desianee.
(b) One (1) advance paYllent may be aranted to SUBRECIPIEIT in auch
amount and at such tille .. deterlDined by the Executive Director of the
Development. Departllent. not to exceed $5.000.00. whenever. whenever he/she
finds that a need for .ame is properly dOCUMented and otherwiae consistent
'"
with the purposes of the grant.
(c)In no event .hall CITY. or any of its officers, agent. or
employees. be held liable for expenses incurred by SUBRBCIPIENT In exces. of
the ESG~'allocation noted in Paraaraph 2. entitled "SeoDe of Services".
(d) PaYllenu may be withheld if. on a deterlDinstion by the
Director of the Development Departllent. SUBRECIPIEIT has not complied with the
Revised 1112/92
BW:paw:0087c
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DBIBIT "1"
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covenants herein contained at .uch tillu. and in such lWII1er as provided in
thia Aaresent.
3
4
5
6
(e) Ko later than thirty (30) da~s prior to the date set forth
herein for ter.ination of this Aareement. SUBRlCIPIBIr shall provide CDD with
its utillate of the amount of funds which will remain unexpended upon such
ter.ination.
i
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NotwitbatandiD& any proviaiona contained in thia Paraaraph 6. CITY.
through its lzecutive Director of the Development Department. shall
thereafter. upon rea.onable notice provide to SUBUCIPIBIr. have the ript to
(i) reduce the payment of funds hereunder. (ii) rene.otiate the actual levels
of expenditures in the event SUBRlCIPIBIT'S rate of expenditures will result
in unexpended fund. at the expiration of this Agreement. and/or; (iii)
re-program funda associated with a project in which the lzecutive Director of
the Development Department finds there has been no sub.tantial pro.ress or
ectivit~.
7. Do.. -t.~tcm... .eDOr~.. I1UIIN!etlcma .... ..rf'o.....,.e :IY.I11A~t.ftII..
Ii
(a) DOCUllentation of ExDenditurea. All expenditure. supported 11)'
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proper1~ exeeuted payroll.. tille recorda. invoice.. contracts. vouchers.
receipts. order. and any other accountiD& docu.entation pertainiD&. in whole
~
or in part. to this Aareellent. shall be clear1~ identified and readi1~
accessible. SUBRlCIPIBIT shall aaintain and keep available all such documents
for a period of not less than three (3) years froa the ter.ination of thia
Agreement, if a CITY. state and/or federal audit has occurred within siz (6)
montha prior to date of termination. and for a periOd of not less than five
25 (5) ~ear.:froa said date if such audit has not occurred. In the event of
26 audit exception.
27 has been cleared
, 28 Revieed &/12/92
'" BW:pav:0087c
such dOCUMentation shall be maintained UDti1 every exception
to the satisfaction of the aUditiD& authorit~.
- 5 -
BlBIBIT "I.
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(b) ReDOn.. SUBUCIPIIft..t .uch tiae. and on .uch forma ..
3
4
CITY .., require. &hall furniah CITY .uch st.tement.. record.. report., data
and information .. CIrr .., reque.t pertainina to it. performance of .ervice.
5
hereunder and other aattera covered by thia Aareement. SUBUCIPIENT .hall
6
e.tab1iah and aaintain records in .ccordance with the Office of Ran.gement and
7
Budget (OMB) Circu1er. Rumbered A-110 and A-112. re.pectively. .. .pp1icable
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to the .cceptance and u.e of emerlency .he1ter grant..
(c) IIUIDectiolUl. SUBRECIPIEIT .hall IIaJte .vailable to CITY. .tate
and/or federal official. it. record. and data with re.pect to all matters
covered by thia Aareement for inapection and audit. which inapection and audit
may be aade .t any tiae after reasonable notice. SUBUCIPIIft shall comply
with the audit requirement. of OMB Circular RUaber A-110. as applicable. and
a. they relate to the acceptance and u.e of federal fund. under this Aareement.
(d) Perform."ce Bva1u.tiona. SUBUCIPIIft .ha11 permit CIrr,
.tate and/or feder.1 official. to aonitor. as. e.. or evaluate SUBUCIPIBNT'S
Ii
performance under this Alreeaent on at least a aonthly ba.i.. .aid monitorina.
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20
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22
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24
25
26
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a..e....ent or evaluation to include. but not be Uaited to. aUdita, inventory.
ilUlpectiona within the prolraa area. and interviews with SUBRECIPIBNT'S
employee.. ..ent.. independent contractor. and .ubcontractor.. providina the
~
.ervice. under this Aareement and recipient. thereof.
(e) Thia Aareement contemplate. that the SUBRECIPIERT will pay
sa1arie.. utili tie. and furni.hina. with the aonie. provided in accordance
with Exhibit "A" and Section 2 of this Aareeaent. SUBRECIPIENT has identified
two (2) po.itiona which .a1arie. are to be paid in part with ESGP fund. under
this Aareaaent. and are identified herein a.: (i) Maintenance/Janitorial.
and; (ii) Facility Cook.
Revised a/U/92
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.. BuUdlBa or "aelli t)'.
(a) A1ly buUdiDl for which eaergenc:y ahelter Irant uounu are uaed
for renovation. converaion. or aajor rehabilitation. .uat aeet local aafety
and aanitation atandarda.
(b) When ES" funda are utilized to provide eaerlenc:y ahe1ter for
the hoae1eaa in hotela or aote1a or other comaerciel feci1itiea providiDl
transient houaing. (i) SUBUCIPIBNT. at the requen of CITY. ahall execute an
Aareement with the provider of auch houalBa which providea that comperab1e
1iviDl spece. in terma of qualit:y. available in the facilit:y for use aa
emergency sheltera for at lean the aue period of tille sa provided in
Parasreph 9 herein. and; (ii) leaaes negotieted between SUBUCIPIBNT and the
provider of auch houaiDl shall .ate available auch 1iviDl apace at
subatantiall:y leaa than the daily room rate otherwiae charled by the faci1it:y
and; (iii) SUBUCIPIBNT aha11 certi~. in writiDl. to Cit)' that it haa
15 considered uaiDl other faci1itiea aa emerlency shelter for the hoaeleaa in the
16
CITY.
17
(c) SUBUCIPIBNT aha11 anaura that ~ building or faci1it:y ia
--0
18 utilized ezc1uaive1:y for aecu1ar purpoaea and ia aade available to all peraon
19 regard1eaa of re1ilion. If ISGP funda are uaed to renovate. rehabilitate. or
20 convert bui1diDla oWDed b:y priaari1:y re1ilioua orlanization or entitiea.
~
=
21
SUBUCIPIBNTS shall coap1:y with the proviaiona of Title 24. Code of Federal
22 Regulationa. Part 575.2l(b)(2).
23
(d) SUBUCIPIBNT aha11 comp!:y with the Unifora Federal
24 Acceasibi1ity Standarda (24 CFR. Part 40. Appendiz "A"). when activitiea
25 funded b:y: the ESGP involve major rehabilitation or converalon.
26 9. Maint--..e.. a "......lea. Facilitv.
27 (a) S~RECIPIBNT ahall aaintaln ~ buildiDl for which ISGP funda
28 Reviaed "12/92
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are uaed for Ilot le.. than three (3) year period. or for Ilot le.. than a ten
(10) year period if the crSllt aaounta are uaed for ..jor rehabilitation or
converdon of tha buildilll.
(b) The three (3) or tSll (10) year perioda begin to run. (i) 011
the date of initial occupSllcy as an emercency ahelter for the homele.. when
the buildiaa utilized vaa ~ operated a. SIl aaercency .he1ter for the
home1es. before receiYilll ESGP fund.. or; (ii) on the date that ESGP fund. are
firet obligated to the ahelter when the bui1dilll was operated aa SIl emergency
shelter before receivilll ISGP funda. or; (ii) 011 the date that ESGP funds are
first oblicated to ahelter when tha buildilll va. operated as SIl emergency
ahe1ter before receivilll ESGP funds.
(c) When ISGP fund. are used exc1uaive1y to provide esaential
servicu illcludilll. but not limited to. servicea concerned with employment.
physical or mental health. aubstance abuae. education. food. equipment or
fUl'l1ishiaaa. the time period. noted above are not applicable.
10. Tftdaftaftdeat: CaDaefh'.
SUBIBCIPIBIT. and it. officera. elP1a,ree. and acent.. shall act ill
18 an illdependent capacity durilll the term of this Acreement SIld shall not act
19
20
~
aa. shall Ilot be. nor shall they in ~ maDIler be cOl18trued to be officers.
"
employees. or aaenta of the CITY or the State of Califol'l1ia.
21 11. o.t....bilitv.
22 SUBIBCIPIBIT Camlot ..dill ~ of ita rishte. duties or oblicationa
23 pursuant to this Acreement to ~ person or entity without the prior written
24 consent of CITY. This include. the ability to subcontract aU. or a portioll
25 of. it. ~isht.. duties and ob1igatiol18 hereunder.
26 U. Il18Ur-ce.
27
28 Revi.ed IIU/92
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SUBRBCIPIDT ahall durilll the ten! of thia Agreement:
3
4
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6
(a) Procure and maintain Workera' Compenaation Insurance aa
preacribad b7 the 1awa of the State of California.
(b) Procure and maintain co~rehenaive leneral and automobile
liability inaurance aa aha1l protect SUBRBCIPIDT from claima for damages for
7
personal injury. indudill& accidental and wrolllfu1 death. sa well aa from
c1ai.. for property damale. which may ariae from activities or programa under
8
9
10
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12
13
14
]5
]6
]7
18
]9
20
2]
22
23
24
25
26
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thia Agreement. whether such activitiea or programs by by SUBRECIPIDT. by lIDY
subcontractor or by SDy officer. employee or agent of either of them.
Such insurance shall name CITY sa an additional insured with
respect to thia Agreement and the obUgations of SUBRBCIPIENT hereunder. Such
insurancs ahal1 provide for combined coveraae 1imita of not 1eaa than
$1.000.000 per occurrence.
(c) Furniah CITY with policiea of inaurance showilll that auch
insurance ia in full force and effect, and that CITY ia named as an additionsl
insured with reapect to thia Agreement and the obUlations of SUBRECIPIDT
hereunder.
Further. aaid poUciea shall contain the covenant of the insurance
~'
carrier that thirty (30) daya written notice will be liven to CITY prior to
modification. cancellation. or reduction in coverale of such insurance.
13. Bold Ba~ea..
SUBRBCIPIDT shall indemnify and hold CITY. ita officers, asenta,
employees and independent contractora free and harm1es. from lIDY liability
whatsoever. inc1udilll wrongful death. based or as.erted upon any act or
omission of SUBRBCIPIDT. it officers. agent.. employees and independent
contractoza in SDy legal action based upon such alleged acts or omissions.
The apecific insurance coverale required in Paragraph 12 shs11 in no way limit
28 Revised '/12/92
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or circu.acribe SUBRlCIPIBIT'S obliaation to indemnity and hold CITY har.less
as set forth in this Paraaraph 13.
14. Federal Recmir_t:.
(a) SUBRlCIPIBIT shall comply with the provisiona of the Act. and
~ ..endments thereto. and the federal reau1ationa and auide1ines now or
hereinafter enacted pursuant to the "Act". More particularly, SUBRlCIPIBIT is
to comply with those reau1ationa found in Part 575 of Title 24 of the Code of
Federal leau1atiana and OMB Circulars IUBbered A-110 and A-112. respectively,
and appropriate attachments for non-profit oraanization contractors.
(b) The SUBRBCIPIEIT represents that it is. or may be. a religious
or denominational inatitution or oraanization or an organization operated for
religious purposes which is supervised or controlled by. or in cODnection
13
14
with. a re1iaious or denominational inatitution or organization.
(c) The SUBRlCIPIBIT aarees that. in cODnection with the services
to be provided hereunder. (i) it will not discriminate againat ~ employee or
applicant for employment on the basis of re1iaion and will not limit
employment or aive preference in employment to persana on the basis of
re1iaion; (ii) it will not discriminate ..ainet ~ person applying for such
services on the bssis of re1iaion and will not limit such services or give
~
preference to persona on the basis of re1iaion; (iii) it will provide no
religious inatruction or counseling. conduct no religious workshop or
22 service.. enaaae in no religious proselytizing and exert no other religious
23 influence in the provision of such services; (iv) the portion of a facility
24 used to provide services a.sisted. in whole or in part. under this Agreement
25 shall con~ain no sectarian or reliaious symbols or decorations, and; (v) the
26 funds received under this Agreement shall not be used to construct,
27 rehabilitate. or restore ~ facility which is owned by the SUBRBCIPIENr in
28 Revised IIU/92
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which the aervicea are to be provided; Drovided that. minor repaira may be
made if auch repaira are directly related to the aerricea; are located in a
atructure uaed exc1uaive1y for non-reliaioua purpoaea. and; conatitute in
dollar tera8 only a minor portion of the ESGP expenditure for the public
aervicea.
15. C~llaae. vtt.1t Lav_
SUBRBCIPIBIT ahal1 comply with all federal. atate and local 1awa and
regulation. pertinent to ita operation and aervicea to be performed hereunder,
10
11
12
and aha11 keep in effect &D7 and all 1icenaea. permita. noticea and
certificatea aa are required thereby. SUBRBCIPIUT ahall further comply with
all lava applicable to wagea and houra of employment. occupational aafety and
to fire aafety. health and aanitation.
16. ~..""".i.. W.-.le_ .&.aal.taB':. PI.....
SUBRBCIPIBIT aha11 cooperate with CITY in undertakiD& emergency shelter
arant activitiea and aha11 asaiat CITY in carrying oat ita Comprehenaive
Rome1eaa Aaaiatance Plan and ahall act in conformiq therewith.
17. lImt-Dtac:rlafllat:lcm..... Bema! O'DDontmfty ~llaft"'e_
--
SUBRBCIPIBIT hereby certifiea compliance with the following:
(a) Executive Order .umber 11246. aa amended. and the regu1ationa
E::
isaued thereunder at Title 41. Code of Federal Reau1ationa. Chapter 60;
(b) Title VI and '1it1e VII of the Civil Riahta Act of 1964 (423 U.S.C.
22 Section 2000(d) et. aeq.). as amended by the Equal Opportunity Act of March
23 24. 1972, (Public Law lUmber 92 261;
24
25
26
27
(c) Title VIII of the Civil Riahta Act of 1961 (42 U.S.C. Section.
3601-3619) and implementing regulationa issued purauant thereto (24 CFR. Part
1);
(d) Ixecutive Order lUmber 11063 and implementing reau1ationa issued
'"
.,.
28 Reviaed "12/92
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(e) Ale Discrimination Act of 1975 (42 D.S.C.. Sectiona 6101-6107);
(f) Section 504 of the Rehabilitation Act of 1973 (29 D.S.C.. Section
pursuant thereto (25 CrR. Part 107);
.. 794). and;
5 (,) lXecutive Orders lUmbered 11625. 12432 and 12138.
6 conaistent with BUD's responaibi1ities under these Orders. the
7 SUBRECIPIEIT llUet II<s efforta to encouraae the use of minori ty and women
8 owned business enterprises in connection with ESGP activities;
9 (h) SUBUCIPIENT shall estsblish and ..intdn a procedure through which
10 homeless individuals yill be info~ed of the facilities and services available
II to all on a nondiscriminatory bsds.
12 (i) SUBUCIPIBIT alrees to abide b7. and include in aDy subcontracts to
13 perfo~ work under this Aareement. the followina clavae:
14 "Duriq the performance of this Aareement. SUBRBCIPIBIT and its
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15 subcontractora shall not unlawfully discriminate aadnst aDy employee or
16 application for employment because of race. reli,ion. color. national ori,in.
17 ancestry. phyeica1 handicsp. medical cOndition. ..rital statue. aae (over 40).
18 or eex. SUBUCIPIBIT and eubcontractore ehall enaure that the evaluation 8IId
19 treatment of their emp10yeee and applications for employment are free of such
20 discrimination.
21 SUBRECIPIBlIT and subcontrsctora ehall cOllply with the provisions of the
22 Fair Bmp10yment and Bouaina Act (GoverDllent Code. Section 12900 et. seq.).
,
"
23 The applicable regulations of the Fair Employment and Boueina Commission
24 imp1ementina GoverDlllent Code Section 12990. aet forth in Chapter five (5) of
25 Divieion,four (4) of '1it1e two (2) of the California Administrative Code are
26 incorporated into this AGreement by reference and ..de a part hereof as if
27 fully eet forth at length.
28 Revised 1/12/92
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SUBIICIPIBNT and its aubcontractora shall give written notice of their
2
obligations under thia clause to labor oraanizationa with which they have
3
4
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6
collective baraainina or other aareement."
(j) The equal opportunity clauae continued in Section 202 of becutive
Order lUmber 11246. ae amended, ia hereby incorporated into thia Aareement by
thb reference.
7
(It) Durina the performance of thb Aareement. SUBRECIPIBNT and ita
8
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12
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16
aubcontractora. if aay. aha11 not deny the benefita rendered hereunder to 8D7
peraon on the baaia of re1iaion. color. ethnic aroup identificetion. aez. age
or ph7aical or mental diaability.
(1) SUBIICIPIBNT aha1l furniah all information and reporta as required
by Executive Order Number 11246. aa amended.
(m) SUBIICIPIERT shall include the non-diacriaination and compliance
proviaiona of the equal opportunity c1auae in all aubcontracta. if aay.
11. Affi~tive Action c-U.....41.
Each SUBIICIPIBRT or subcontractor with leaa than fifty (50) employeea
17 shall comply with Section 202. Part II. of Executive Order lUmber 11246. aa
18 amended. SUBIICIPIENT shall eneure that aubcontractora. if aay. falling
19 within the acope of thb provia1on ahall comply in full with the requirementa
20 thereof.
~
21 19. em.nict of Illterest.
22 No peraon who ia (i) an employee. aaent. conau1tant. officer, or elected
23 or appointed official of the CITY. atate or SUBIICIPIBRT that receivea ESGP
24 funda and who ezerciaea or haa ezerciaed aay functiona or reaponaibi1ities
25 with respect to aaaiated activitiea. or; (ii) in a poaition to participate in
26 a decision aaJtina procesa or aain inaide information with regard to such
27 activitiea. may obtain a peraona1 or financial intereat or benefit from he
28 Rutaeel 1/12/92
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activity. or have m intereat in ID7 cOlltract. aubcOlltract or aaresent with
reapect thereto. or the proceeda thereunder. either for hiaae1f or herae1f or
thoae with whoa he or ahe haa fUlilJ' or buaineaa tiea. durina hie or her
tenure or for OIle (1) J'ear thereafter.
20. .1i.lblll~ Df CGDtr.etQ~ anA Sabeaatraetor..
Ro ESQP funda allocated to SUBRlCIPIBBT throuah this Agreeaent may be
7
uaed. directlJ' or indirectlJ'. to eap10J'. award contracta to. or otherwiee
8
9
10
11
12
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enaaae the aervicea of. or purchaae the gooda of. or fund ID7 contractor or
aubcontractor durina ID7 period of debarment. auapell8ion. or placUlent in
ine1iaibi1itJ' atatua under the proviaiOll of CPR. Part 4.
21. Lead Il."ed Pafllt.
SUBRlCIPIBBT and all aubcOlltractora. if aQJ'. aha1l comp1J' with the
requirUlenta. aa applicable. of the Lead-Baaed Paint POiaonina PreventiOll Act
(42 U.S.C.. Section 4821-4846) and iapleaentina reaulatiollS isaued purauant
15 thereto (24 CR. Part 35). .
16
17
22. Plood IDMlPMll.....
No site propoaed OIl which renovation. major rehabilitation. or
~
18 cOllveraation of a bUildina. ia to be aaaiated under thia part. other than b7
19 arant uounta allocated to the atate. II&)' be located in m area that haa been
20 identified bJ' the Federal lIIergene,. IIaIlSgeaent .laene,. .. haVing special flood
21 hazards, un!eaa the coamunitJ' in which the areaa ia aituated is participatilll
22 in the Rational Flood Inaurmce Progru and the reau1atiollS isaued thereunder
23 (44 CR. Parta 59-79) or 1eaa than a year haa paaaed since the Federal
24 Emeraency Manageaent Alene,. notification regardina auch hazards. and the
25 SUBRlCIPIBBT will ellSure that flood illSurmc:e on the atructure ie obtained in
==
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26 comp1imce with SectiOll 102(a) of the Flood Dia.ater Protection Act of 1973.
27 (42 U.S.C.. Section 4001 et. aeq.).
28 Reviaed 1112/92
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23. .~te..
AaJ noticea required or desired to be aerved b7 either part7 upon the
other aha11 be addreaaed to reapective partiea aa aet forth below (or to auch
other addreaaea .. frOll ti.e to ti.e -7 be dea1pated. ill writilll. by the
reapectiye partiea):
AS TO CITY:
AS TO SUBDCIPIII1':
i
~th 3. BeadenOll. be. Dir.
DBVILOI'IIDT DBP~..
Cit7 of Sa IerurdiJlo
201 .rth "I. Street. 3rd noor
Sa lerurdiDo Cl 92401-1507
n- L. petera.. Director
fte SALTAnOJr DII!
P.O. IlcIz 947
Sa IerurdiDo Cl 92402
8
9
10
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24. BfNtfft. l1U!.e...o~_
SUBDCIPIBNT. ita heira. aaaipa and aacceaaora ill intereat
12 shall be bound b7 all the proYiaiona contailled ill thia Agreeaent. and all of
13 the parties thereto ahall be jOint17 and aevera1l7 liable hereunder.
14
25. Aanr_r.ea.
SUBUCIPIII1' certifiea that it haa the lelal authorit7 to enter
au.d .eet the requireaenta of thia Aareement.
26. btire ......--t.
Thia Aareement is intended b7 the partiea hereto aa the final
19 and ezcluaive expreaaion of theae proviaiona contained in thia Aare_ent and
20
2]
it auperaedea and rep1acea BIl7 and all prior and contemporau.eoua aareementa
and underatau.dillla. oral or written. in cOllDectioll therewith. Thia qreement
22 may be lI04ified or chanaed only UPOIl the written conaent of the parties hereto.
23
24
27. . rldrd Partv -.Udariea.
.0 third part7 shall be deemed to have BIl7 rilhta hereunder
25 againat aQ, of the parties hereto aa a result of thia Aareement.
26 IN WI'lKBSS WBBRlOr. the partiea hereto haye hereunto their hands and
27 sea1a thia d.., and year first aboye written.
28 Reviaed ./12/92
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BDIBIT "1"
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C
CITY or SAIl BnII&IDIID
v. I. 1IClLCGm. IIqor
Ci ~ of Sa IemarcliDo
5
6 ATDST
i
8 Ci~ Clerk
Cit)' of San Bernardino
9 Approved .. to fol'll
10 and legal content:
11 JAIIIS r. PBIMA1I.
::~
12
13 II
14 II
15 II
16 II
17 II
18 II
19 II
20 II
21 /I
22 II
23 II
24 II
25 II
26 II
27 II
28 Robed I/U/92
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BlllIBIT "I"
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TIll ULVUXOll AIIIf. a Califonaia
CorporatiOll
Pruideat
SecretU7
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