HomeMy WebLinkAbout23-Community Development
CITY ..JF SAN BERNARDIN( - RE UEST FOR COUNCIL ~CTION
From:
Kenneth J. Henderson, Director
Su bject:
EMERGE:N::Y SHELTER GRAN!'
PROGRAM 1\GREEMEN1' BETWEEN CITY
AND SALVATION ARMY
Dept:
Community Development
Date:
August 6, 1990
Synopsis of Previous Council action:
In JanuaIy, 1990, the Mayor and Common Council authorized and directed staff to
submit an application for Emergency Shelter Grant Program (ESGP) funjs to the
u.S. Deparbnent of Housing and Urban Development for FY 1990/1991 in the amount
of $43,000.00.
On March 19, 1990, staff prepared and submitted the FY 1990/1991 application to
the U.S. Deparbnent of Housing and Urban Development for consideration and
subsequent approval.
On April 4, 1990, the U.S. Deparbnent of Housing and Urban Development approved
said application in the amount of $43,000.00, and the Mayor and Common Council
authorized staff to solicit proposals for fun:ling.
Recommended motion:
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Contact person:
Ken Henderson,lEdward Flores
Phone:
5065
Supporting data attached:
Staff Report
Ward:
1-7
FUNDING REQUIREMENTS:
Amount:
$43,000
To Be Created
Source: (Acct. No.)
(Acct. DescriPtion)
FY 1990/1991 ESGP l.OC ~
P;Zh :/
Finance:
Council Notes:
"7",_n?F;?
An.anrl", 1+.0...... I\I^ ~3
--..
CITY '-IF SAN BERNARDINQ . REl JEST FOR COUNCIL _ ..CTION
STAFF REPORT
In January, 1990, the Mayor and Common Council authorized and directed
staff to submit an application to the U.S. Department of Housing and
UrtJan Development (HUD) for the FY 1990/1991 ESGP award in the amount
of $43,000. For the past two (2) years, and, subsequent to the City
submitting its current application, the Salvation Army has provided
emergency food and shelter, as well as ongoing programs designed to
assist the homeless in conjunction with certain "need specific" pro-
graIl1S and services. These activities reach children, youths, the re-
sidents, transients, impoverished and unemployed individuals.
On July 12, 1990, staff submitted recommendations relative to the
awarding of ESGP FY 1990/1991 funds to the Homeless AD HOC Canunittee
for its consideration and approval. The Canunittee voted unaninously
to recammend to the Mayor and Common Council awarding of ESGP funds to
the Salvation Army in the amount of $43,000. The Canunittee also di-
rected staff to prepare an agreement between the City and Salvation
Army to provide direct services to the homeless population.
The Salvation Army is open six (6) days eNery week and assists indivi-
duals with food, clothing, shelter and personal counseling. This
SeNenty (70) bed program offers SeNen (7) to sixty (60) days of inter-
mediate care in conjunction with intensive screening and assessment
geared towards =isis stablization. In the past year, the Salvation
Army shelter program, benefited by ESGP funds and matching funds, has
provided 28,074 nights of shelter to men, women and children, and a
total of 63,385 meals along with rnnnerous other services such as jobs,
job training, substance abuse referrals, groceries, baby food and
related items. This leNel of service has significantly increased the
cost of administration. The FY 1990/1991 ESGP allocation would be
used to supplement the administration portion of the program in con
junction with matching funds provided by the Salvation Army.
I recammen::l. adoption of the attached resolution.
~~~
Director of CaiIlIuni.ty Developnent
KnVlab/4016
attachments
August 6, 1990
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RESOLUTION NUMBER
RESOLUTION OF THE CITY OF SAN BERNMDIN:l AUTHORIZIm AND DI:RElC'l'IN3 THE
EXECllTION OF AN EMERGENCY SHELTER GRANT FtlNDIm 1lGREEMENT BETWEEN THE CITY OF
SAN BERNMDIN:l AND THE SALVATION ARMY.
BE IT RESOLVED BY THE Mll.YOR AND CX)M!fJN (X)~L OF THE CITY OF
section 1.
'Ihe Mayor of the City of San Bernardino is hereby authorized and directed
to execute on behalf of the City an agreerrent for Emergency Shelter Grant
funding with the Salvation Anny, which agreerrent is annexed hereto as Exhibit
"1", and is incorporated herein by reference as though fully set forth at
length. 'Ihe agreerrent provides for the grantin;J of Emergency Shelter Grant
funds in the amount of $43.000.00.
section 2.
'Ihe authorizations to execute the above referenced. agreerrent is rescinded
if the parties to the agreerrent fail to execute it within sixty (60) sixty
days of the passage of this resolution.
I HEREBY CERITFY that the foregoin;J resolution was duly adopted by the
Mayor and Common Council of the city of San Bernardino at a
meetin;J thereof, held on the _ day of
1990 by the followin;J
vote, to wit:
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20 IIII
IIII
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IIII
22 IIII
IIII
23 IIII
IIII
24 IIII
IIII
25 IIII
IIII
26 IIII
IIII
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RESOLUTION AUl'HORIZING . DIREC'l'Th 1'HE EXECUTION OF AN
EMERGENCY SHELTER GRAm FUNDING 1IGREEMENr BETWEEN CITY
AND SALVATION ARMY
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2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
3 Mayor and Canunon Council of the City of San Bernardino at a
4 meeting thereof, held on the
day of
, 1990, by the follaving
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vote, to wit:
Cotmcil Manbers
AYES
NlI.YS
ABSTAIN
ESTRADA
REILLY
FlORES
10 MAIID3IEY
11 MINOR
12 FOPE-llJDIAM
13 MILlER
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City Clerk
'Ihe foregoing resolution is hereby approved this _ day of
1990.
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23 Approved as to form and
24 legal =ntent:
25 JN1ES F. PENM1lN,
City Attorney
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W.R. HOUXlMB, Mayor
City of San Bernardi.no
1 1\GREEMEN1' roR USE OF ~ SHELTER GRANl' FUNDS
2 THIS AGREEMENT, entered into this _ clay of , 1990, by and
3 between the CITY OF SAN BERNARDINO, (hereinafter referred to as "CITY") and
4 THE SALVATION ARMY, a California non-profit corporation, (hereinafter refen-ed
5 to as "SUBRECIPIENT") ;
6 WI~~~~~~~H
7 WHEREAS, pursuant to SUbtitle "B" of the stewart B. McKinney Homeless
8 Assistance Act of 1987 (Public law 100-77), (hereinafter referred to as the
9 "Act"), CITY has been awarded Emergency Shelter Grant Program ("ESGP") funds
10 which are to be used to iIrprove the quality of existing emergency shelters for
11 the homeless, to help nake available additional emergency shelters, and to
12 help meet the costs of operating emergency shelters and of providing certain
13 essential s=ial services to homeless in:iividuals, and;
14 WHEREAS, CITY is authorized to contract with non-profit corporations for
15 the use of ESGP funds to provide various services for homeless in:iividuals,
16 and;
17 WHEREAS, SUBREC!PIENT as a non-profit corporation, is eligible under the
18 "Act" to receive ESGP funds to provide those services as described herein.
19 NCM, 'IHEREFORE, the parties hereto do JI1Utually agree as follows:
20 1. Tenn.
21 The term of this Agreement shall be for a period camrnencing on the
22 21st clay of August, 1990, and terminating on August 20, 1991, or as otherwise
23 as provided for in Paragraph 5 herein.
24 2. Scope of Services.
25 SUBREC!PIENT promises and agrees to provide certain emergency shelter
26 grant program services for homeless persons by utilizing the stnn of $43,000.00
27 in ESGP funds, as set forth in the manner provided in Exhibit "A" which is
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EXHIBIT "I"
1 attached hereto, and by this reference, incorporated herein. SUBRECIPIENT
2 shall also provide homeless individuals with assistance in obtaining (i)
3 appropriate supportive services, includin:J pennanent housing, physical health
4 treatment, mental health treatment, counseling, supervision, and other
5 services essential for achieving indepement living, and; (ii) other federal,
6 state, local and private assistance provided hereun::ler shall be in full
7 confonnity with the "Act", and any amen::lments thereto, and the federal regula-
8 tions and guidelines nCM, or hereinafter enacted pursuant to the "Act".
9 3. Matchinq Flmds.
10 SUBRECIPIENT must supplement its eoorgency shelter grant arrounts with
11 an equal arrount of fun::ls frcnn sources other than those provided herein. These
12 fun::ls must be provided after the date of the grant award to the SUBRECIPIENT.
13 SUBRECIPIENT may comply with this requirement by providing the supplemental
14 fun::ls itself, or through supplemental fun::ls or voluntary efforts or gifts in
15 Jdnj provided to SUBRECIPIENT, as appropriate.
16 4. Calculatina the Matchinq 1\mount.
17 In calculating the arrount of supplemental fun::ls, there may be included
18 the value of any donated material or building(s), the value of the lease(s) on
19 the building(s); any salary paid to staff of the SUBRECIPIENT, or to any state
20 or non-profit recipient, as appropriate, in carrying out the eoorgency shelter
21 grant program; and the time and services contributed by volunteers to carry
22 out the eoorgency shelter grant program detennined at the rate of $5.00 per
23 hour. For purposes of this Paragraph 4, the SUBRECIPIENT, upon written
24 concurrence of the Director of Cammunity Developnent ("Director), will deter-
25 mine the value of any donated material or building(s), or any lease(s), or
26 furnishings and equipment using any l1'ethod reasonably calculated to establish
27 a fair market value.
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s. Tennination.
(a) Either party may terminate this Agreement upon thirty (30) days
prior written notice to the other party.
(b) Notwithstarrli.n:J the provisions of Paragraph 5(a), CI'IY may
suspend or terminate this Agreement forthwith for cause, upon written notice
to SUBRECIPIENT of the action bein3" 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 rerrlerin3" any of the provisions of this
Agreement invalid or untenable, or; (iii) in the event the furxti.n:.J from the
united States Department of Housin3" am Urban Development (HUD), referred to
in the recitals herein, is reduced, terminated other otherwise be<=nes un-
available. CI'IY shall provide written notice to SUBRECIPIENT within ten (10)
working days from the date HUD reduces, suspends or terminates the ESGP
fun:ling. 'lhis Agreement may, at the discretion of the Director of Community
Development, be either terminated or amen:ied to reflect said reduction of
funds .
(c) Upon termination of this Agreement, SUBRECIPIENT agrees to return
any unencumbered funds which it has been provided by CI'IY. In acceptin3" said
funds, CI'IY does not waive any claim or cause of action it may have against
SUBRECIPIENT for breach of this Agreement.
(d) Upon termination of this Agreement, SUBRECIPIENT shall not incur
any obligations after the effective date of such termination, unless expressly
authorized in writin3" by CI'IY of the notice of termination.
(e) Any provisions for inspection am audits relative to the
expen:liture of funds provided for hereunder shall not be errled upon the date
of any termination but shall continue thereafter as specified herein.
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12 manner:
13 (a) Paynents shall be made on a reimbursement basis an:l. made within
14 thirty (30) days after the SUBRECIPIDU' has sul:nni.tted written notice
15 identifyirq paynents made an:l. requestirq reimbursement. Paynents shall be
16 based on documented expenses by SUBRECIPImr, awroved by the Director of
17 Community Development, or designee.
18 (b) One (1) advance paynent may be granted to SUBRECIPIDU' in such
19 am::JUnt an:l. at such time as detennined by the Director of Community
20 Development, not to exceed $5,000.00, whenever he/she firrls that a need for
21 same is properly documented an:l. otherwise =nsistent with the p..u:poses of the
22 grant.
23 (e) In no event shall CITY, or any of its officers, agents or
24 errployees, be held liable for expenses incurred by SUBRECIPIDU' in excess of
25 the ESGP allocation noted in Paragraph 2, entitled "SCOPe of Services".
26 (d) Paynents may be withheld if, on a detennination by the Director
27 of Community Development, SUBRECIPImr has not COI1plied with the covenants
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6. Pavment of Funds.
'Ihe Mayor an:l. Common Council of the CITY shall determine the final
disposition an:l. distribution of all funds received by CITY un::ler the "Act".
CITY, through its Community Development Deparbnent (COD), shall make paynents
of ESGP funds to SUBRECIPImr for the purposes set forth in Eldlibit "A" and
shall IOClnitor the eJqlenditure of funds an:l. activities of SUBRECIPImr to
ensure COI1pliance with applicable federal regulations and the terns of this
Agreerrent. SUBRECIPImr shall establish and maintain a separate account for
all ESGP funds received un::ler this Agreerrent and deposit all such funds in
All disbursements of grant funds by COD will be made in the followirq
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herein =ntained at such t:iJnes, and in such manner as provided in this
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Agreement.
3 (e) No later than thirty (30) days prior to the date set forth herein
4 for termination of this Agreement, SUERECIPIENT shall provide COD with its
5 estimate of the anount of funds which will rerrain unexperrled upon such
6 termination.
7 Notwithstanding any provisions =ntained in this Paragraph 6, CITY,
8 through its Director of Comrmlnity Development, shall thereafter, upon
9 reasonable notice provided to SUERECIPIENT, shall have the right to (i) reduce
10 the payment of funds hereunder, (ii) renegotiate the actual levels of
11 experrlitures in the event SUERECIPIENT'S rate of experrlitures will result in
12 unexperrled funds at the expiration of this Agreement, arrl,Ior; (iii) re-program
13 funds ass=iated with a project in which the Director of Community Development
14 fims there has been no substantial progress or activity.
15 7. Documentation. Reports. Insoections and Perfonnanoe Evaluations.
16 (a) DJcumentation of ExPenditures. All experrlitures supported by
17 properly executed payrolls, time re=rds, invoices, contracts, vouchers,
18 receipts, orders and any other a=ting dOCl.mleIltation pertaining, in whole
19 or in part, to this Agreement, shall be clearly identified and readily
20 accessible.. SUI!RECIPIENT shall maintain and keep available all such dOCl.mleIlts
21 for a pericxi of not less than three (3) years fram the termination of this
22 Agreement, if a CITY, state arrl,Ior federal audit has ocx::urred within six (6)
23 Ironths prior to date of termination, and for a pericxi of not less than five
24 (5) years fram said date if such audit has not ocx::urred. In the event of
25 audit exception, such dOCl.mleIltation shall be maintained until every exception
26 has been cleared to the satisfaction of the auditing authority.
27 (b) RepOrts. SUERECIPIENT, at such t:iJnes and on such fonns as CITY
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nay require, shall furnish CITY such staterrents, records, reports, data an:l
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infonnation as CITY nay request pertaining to its performance of services
3 hereunder an:l other natters covered by this Agreenent. SUBRECIPIENT shall
4 establish an:l naintain records in a=rdance with the Office of Management an:l
5 Budget (OMB) circulars Numbered A-no an:l A-n2, respectively, as applicable
6 to the acceptance an:l use of emergency shelter grants.
7 (c) Inspections. SUBRECIPIENT shall make available to CITY, state
8 arrl/or federal officials its records an:l data with respect to all natters
9 covered by this Agreement for inspection an:l audit, which inspection an:l audit
10 nay be nade at any time after reasonable notice. SUBRECIPIENT shall amply
11 with the audit requirements of OMB Circular Number A-nO, as applicable, an:l
12 as they relate to the acceptance an:l use of federal funds under this Agree-
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ment.
14 (d) Perfonnance Evaluations. SUBRECIPIENT shall pennit CITY, state
15 arrl/or federal officials to monitor, assess or evaluate SUBRECIPIENT'S
16 performance under this Agreenent on at least a monthly basis, said monitoring,
17 assessment or evaluation to include, but not be limited to, audits, inventory,
18 inspections within the program area, an:l inteJ:views with SUBRECIPIENT'S em-
19 ployees, agents, in:iepen:ient =ntractors an:l subcontractors, providing the
20 services under this Agreenent an:l recipients thereof.
21 (e) 'Ihis Agreenent contemplates that the SUBRECIPIENT will pay
22 salaries, utilities an:l furnishings with the monies provided in a=rdance
23 with Exhibit "A" an:l Section 2 of this Agreement. SUBRECIPIENT has identified
24 two (2) positions which salaries are to be paid in part with ESGP funds under
25 this Agreenent, an:l are identified herein as: (i) Maintenance/Janitorial,
26 an:l; (ii) Facility Cook.
27 8. Buildincr or Facilitv.
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(a) Any building for which emergency shelter grant amounts are used
for renovation, =nversion, or najor rehabilitation, must meet local safety
an::l sanitation stan::lards.
(b) When ESGP funds are utilized to provide emergency shelter for the
homeless in hotels or motels or other =mnercial facilities providing
transient housing, (i) SUERECIPIENT, at the request of CITY, shall execute an
Agreement with the provider of such housing which provides that comparable
living space, in tenus of quality, available in the facility for use as
emergency shelters for at least the same period of too as provided in Para-
graph 9 herein, an::l; (ii) leases negotiated between SUERECIPIENT an::l the
provider of such housing shall make available such living space at
substantially less than the daily room rate otherwise charged by the facility,
an::l; (iii) SUERECIPIENT shall certify, in writing, to City that it has
considered using other facilities as emergency shelters, an::l has detennined
that the use of such living space in the facilities provides the most cost
effective means of providing emergency shelter for the homeless in the CITY.
(c) SUERECIPIENT shall ensure that any building or facility is
utilized exclusively for secular purposes an::l is nade available to all persons
regardless of religion. If ESGP funds are used to renovate, rehabilitate, or
convert buildings owned by prinarily religious organization or entities,
SUERECIPIENTS shall =illy with the provisions of Title 24, Code of Federal
Regulations, Part 575.21(b) (2).
(d) SUERECIPIENT shall =illy with the Uniform Federal ;>'''''''''''sibility
24 stan::lards (24 CFR, Part 40, Appendix "A") , when activities funded by the ESGP
25 involve najor rehabilitation or =nversion.
26 9. Maintenance as a Haneless Facilitv.
27 (a) SUERECIPIENT shall naintain any building for which ESGP funds are
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used for not less than a three (3) year period, or for not less than a ten
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(10) year period if the grant amounts are used for major rehabilitation or
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conversion of the building.
4 (b) The three (3) or ten (10) year periods begin to run, (i) on the
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clate of initial f"l<"Y"I1paJ1Cy as an emergency shelter for the hOIreless when the
6 building utilized was not operated as an emergency shelter for the hOIreless
7 before receiving ESGP funds, or; (E) on the clate that ESGP funds are first
8 obligated to the shelter when the building was operated as an emergency
9 shelter before receiving ESGP funds.
10 (c) When ESGP funds are used exclusively to provide essential
11 sexvices including, but not limited to, sexvices concerned with enq:>lCY.fI11el1t,
12 physical or mental health, substance abuse, education, food, equipment or
13 furnishings, the tine periods noted above are not applicable.
14 10. Independent ClIPaci tv.
15 SUBRECIPIENr, anj its officers, enq:>loyees anj agents, shall act in an
16 indepen::ient capacity during the term of this Agreement anj shall not act as,
17 shall not be, nor shall they in any manner be construed to be officers, enq:>lo-
18 yees, or agents of the CITY or the state of California.
19 11. AssiQ'llabilitv.
20 SUBRECIPIENr cannot assign any of its rights, duties or obligations
21 pursuant to this Agreement to any person or entity without the prior written
22 consent of CITY. 'Ibis includes the ability to subcontract all, or a portion
23 of, its rights, duties anj obligations hereun:l.er.
24 12. Insurance.
25 SUBREC!PIENr shall during the term of this Agreement:
26 (a) Procure anj maintain Workers' Compensation Insurance as
27 prescribed by the laws of the State of California.
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1 amen:lrnents thereto, and the federal re:JUlations and guidelines now or
2 hereinafter enacted pursuant to the "Act". More particularly, SUBRECIPIENr is
3 to =nply with those regulations found in Part 575 of Title 24 of the Code of
4 Federal Regulations and CMB circulars Numbered A-110 and A-1l2, respectively,
5 and appropriate attachments for non-profit organization contractors.
6 (b) The SUBRECIPIENT represents that it is, or may be, a religious or
7 denominational institution or organization or an organization operated for
8 religious purposes which is supervised or controlled by, or in connection
9 with, a religious or denominational institution or organization.
10 (c) The SUBRECIPIENT agrees that, in connection with the services to
11 be provided hereunder, (i) it will not discriminate against any enplayee or
12 applicant for enployment on the basis of religion and will not limit
13 enployment or give preference in enployment to persons on the basis of
14 religion; (ii) it will not discriminate against any person applying for such
15 services on the basis of religion and will not limit such services or give
16 preference to persons on the basis of religion; (iii) it will provide no
17 religious instruction or counseling, corrluct no religious workshop or
18 services, engage in no religious proselytizing and exert no other religious
19 influence in the provision of such services; (iv) the portion of a facility
20 used to provide services assisted, in whole or in part, under this Agreement
21 shall contain no sectarian or religious symbols or decorations, and; (v) the
22 funds received under this Agreement shall not be used to construct,
23 rehabilitate, or restore any facility which is owned by the SUBRECIPIENT in
24 which the services are to be provided; provided that. minor repairs may be
25 made if such repairs are directly related to the services; are located in a
26 structure used exclusively for non-religious purposes, and; constitute in
27 dollar tenns only a minor portion of the ESGP experrliture for the public
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services .
2 15. Catu:lliance with Law.
3 SUBRECIPIENT shall =rq:>ly with all federal, state an:l. local laws an:l.
4 regulations pertinent to its operation an:l. services to be performed hereun::1er,
5 an:l. shall keep in effect any and all licenses, pennits, notices an:l.
6 certificates as are required thereby. SUBRECIPIENT shall further =rq:>ly with
7 all laws applicable to wages and hours of enployment, occupational safety and
8 to fire safety, health an:l. sanitation.
9 16. Catu:lrehensive Haneless Assistance Plan.
10 SUBRECIPIENT shall cooperate with CITY in un::lertaking energency
11 shelter grant activities an:l. shall assist CITY in carrying out its Carrprehen-
12 sive Homeless Assistance Plan an:l. shall act in conformity therewith.
13 17. Non-Discrimination and EQual ODcorttmi.tv Catu:lliance.
14 SUBRECIPIENT hereby certifies =rq:>liance with the following:
15 (a) Executive Order Number 11246, as amen:ied, an:l. the regulations
16 issued thereun::1er at Title 41, Ccrle of Federal Regulations, Olapter 60;
17 (b) Title VI an:l. Title VII of the civil Rights Act of 1964 (423 V.S.C
18 Section 2000(d) et. seq.), as amen:ied by the Equal Opportunity Act of March
19 24, 1972, (Public law Number 92 261);
20 (c) Title VIII of the civil Rights Act of 1968 (42 V.S.C. sections
21 3601-3619) an:l. inplE!ll'eI'lting regulations issued pursuant thereto (24 CFR, Part
22 1);
23 (d) Executive Order Number 11063 an:l. inplE!ll'eI'lting regulations issued
24 pursuant thereto (25 CFR, Part 107);
25 (e) Age Discrimination Act of 1975 (42 V.S.C., sections 6101-6107);
26 (f) section 504 of the Rehabilitation Act of 1973 (29 V.s.C., section
27 794), an:l.;
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(g) Executive Orders Numbered 11625, 12432 an:l 12138.
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Consistent with RUD's responsibilities under these Orders, the
3 SUERECIPIENT must nake efforts to en=urage the use of minority an:l women
4 owned business enteJ:prises in =nnection with FSGP activities;
5 (h) SUERECIPIENT shall establish an:l maintain a procedure through
6 which homeless irrlividuals will be infonned of the facilities an:l services
7 available to all on a nondiscriminatory basis.
8 (i) SUERECIPIENT agrees to abide by, an:l include in any subcontracts
9 to perform work under this Agreement, the fOllCMing clause:
10 "Dlring the performance of this Agreement, SUERECIPIENT an:l its
11 subcontractors shall not unlawfully discriminate against any enployee or
12 application for enployment because of race, religion, =lor, national origin,
13 ancestry, physical han:licap, medical =ndition, marital status, age (over 40),
14 or sex. SUERECIPIENT an:l subcontractors shall ensure that the evaluation an:l
15 treatment of their enployees an:l applications for enployment are free of such
16 discrimination.
17 SUERECIPIENT an:l subcontractors shall =reply with the provisions
18 of the Fair Employment an:l Housing Act (Governrrent Code, Section 12900 et.
19 seq.). The applicable regulations of the Fair Employment an:l Housing
20 Commission implemznting Governrrent Code Section 12990, set forth in Chapter
21 five (5) of Division four (4) of Title two (2) of the California Adrninistra-
22 tive Code are in=rporated into this Agreement by reference an:l made a part
23 hereof as if fully set forth at length.
24 SUERECIPIENT an:l its subcontractors shall give written notice of
25 their obligations under this clause to labor organizations with which they
26 have a =llective bargaining or other agreement."
27 (j) The equal opportunity clause =ntained in Section 202 of
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Executive Order Number 11246, as amended, is hereby incorporated into this
Agreement by this reference.
(k)
D.lring the perfonnance of this Agreement, SUBRECIPIENT an:l its
subcontractors, if any, shall not deny the benefits ren:lered hereunder to any
person on the basis of religion, color, ethnic group identification, sex, age
or physical or mental disability.
(1)
SUBRECIPIENT shall furnish all infonnation an:l reports as
required by Executive Order Number 11246, as amended.
(m)
SUBRECIPIENT shall include the non-discrimination an:l =tpliance
provisions of the equal opportunity clause in all subcontracts, if any.
18. Affinnative k::tion Oc::rm:lliance.
Each SUBRECIPIENT or subcontractor with less than fifty (50) employees
shall =tply with Section 202, Part II, of Executive Order rnmiber 11246, as
amended. SUBRECIPIENT shall ensure that subcontractors, if any, falling
within the scope of this provision shall =tply in full with the requirements
thereof.
19. Conflict of Interest.
No person who is (i) an employee, agent, consultant, officer, or
elected or appointed official of the CITY, state or SUBRECIPIENT that receives
FSGP funds an:l who exercises or has exercised any functions or
responsibilities with respect to assisted activities, or; (ii) in a position
22 to participate in a decision making process or gain inside infonnation with
23 regard to such activities, may obtain a personal or financial interest or
24 benefit fran the activity, or have an interest in any contract, subcontract or
25 agreement with respect thereto, or the proceeds thereunder, either for himself
26 or herself or those with wham he or she has family or business ties, during
27 his or her tenure or for one (1) year thereafter.
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20. Elicribilitv of Contractors and SUboontractors.
2 No ESGP funis allocated to SUBRECIPIENT through this Agreement may be
3
used, directly or irrlirectly, to enploy, award contracts to, or otherwise
4
engage the services of, or purchase the goods of, or fund any contractor or
5 subcontractor during any period of debanrent, suspension, or placement in
6 ineligibility status under the provision of 24 CFR, Part 4.
7 21. Lead Based Paint.
8 SUBRECIPIENT and all subcontractors, if any, shall COIlply with the
9 requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act
10 (42 U.S.C., Section 4821-4846) and inplementing regulations issued pursuant
11 thereto (24 CFR, Part 35).
12
22. Flood Insurance.
13 No site proposed on which renovation, major rehabilitation, or
14 conversion of a building, is to be assisted under this part, other than by
15 grant arrounts allocated to the state, may be located in an area that has been
16 identified by the Federal Emergency Management Agency as having special flood
17 hazards, unless the conununity in which the area is situated is participating
18 in the National Flood Insurance Program and the regulations issued thereunder
19 (44 CFR, Parts 59-79) or less than a year has passed since the Federal
20 Emergency Management Agency notification regarding such hazards, and the
21 SUBRECIPIENT will ensure that flood insurance on the structure is obtained in
22 COIlpliance with section 102(a) of the Flood Disaster Protection Act of 1973,
23 (42 U.S.C., section 4001 et. seq.).
24 23. Notice.
25 Arrj notices required or desired to be served by either party upon the
26 other shall be addressed to respective parties as set forth belOW' (or to such
27 other addresses as fram time to time may be designated, in writing, by the
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respective parties) :
AS 'ro CITY:
AS 'ro SUBRECIPImr:
Kenneth J. Henderson, Director
CamIuni. ty Developnent Deparbnent
City of san Bernardino
300 North "0" street, 5th Floor
san Bernardino, Cl\. 92418-0001
Thanas L. Petersen, Director
The Salvation ADIly
P.o. Box 947
San Bernardino, Cl\. 92402
24. Bindincr Successors.
SUBRECIPIENT, its heirs, assigns and successors in interest shall be
bound by all the provisions =ntained in this Agreement, and all of the
parties thereto shall be jointly and severally liable hereunder.
25. Assurances.
SUBRECIPIENT certifies that it has the legal authority to enter into
and meet the requirezrents of this Agreement.
26. Entire l\areement.
'!his Agreement is inten:led by the parties hereto as the final and
exclusive expression of these provisions =ntained in this Agreement and it
supersedes and replaces any and all prior and =ntenporaneous agreements and
understandings, oral or written, in =nnection therewith. '!his Agreement may
be m::xlified or changed only upon the written =nsent of the parties hereto.
20 I I I I
21 I I I I
22 IIII
23 IIII
24 IIII
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1 rn WI'INESS WHEREOF, the parties hereto have hereunto set their hands and
2 seals this clay and year first above written.
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8 ATl'EST
CITY OF SAN BERN1.RDIN:l
THE SALVATION 1\RMY, a California
Corporation
W.R. HOUXlMB, Mayor
city of San Bernardino
President
Assistant Secretary
9
10
City Clerk
11
12 1\pproved as to fom and
legal content:
13 JAMES F. PENMAN,
14 City Attorney
15 BY: Oa~~ '7. /~~
16 C
17 KJHjlab/3409
Rev. 08/06/90
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\) IlhOlm hOHlh, foundef
E\'OI Burrow <'nefOlI
u;
FOJNDf..... 0$" IN1866
~~j.}
~
~t )~~~~"~~~~~ ~rJqh
746 WEST FIFTH STREET e
PO BOX 947
SAN BERNARDINO, CA 92402
714-888-1337
"OtU' A. ROtder. TerrilOfiOl' CommOtnder
D.nid Rih'~. Uj\'i' II Commander
July 24, 1990
Edward L. Flores
Community Development Specialist
300 North D Street
San Bernardino, CA 92418
RE: Proposal for ESGP Funding
Dear Mr. Flores,
I have listed below our proposal for city funding through
your office. We are requesting $43,000.00 to cover
Emergency/Homeless Shelter operating expenses. We
understand that the money received from the city must be
matched by other funding sources.
Maintenance/Janitorial
Salvation
Total Army
Expense Portion ESGP Portion
---------- ---------- ----------
30,000.00 15,000.00 15,000.00
16,000.00 8,000.00 8,000.00
32,000.00 16,000.00 16,000.00
6,000.00 3,000.00 3,000.00
Facility Cooks
Util ities
Furnishings
Food
2,000.00
1,000.00
1,000.00
Total:
---------- ---------- ----------
86,000.00 43,000.00 43,000.00
---------- ---------- ----------
---------- ---------- ----------
Thank you for your interest in our ongoing programs.
Sincerely,
;:/'.771'\ ~
Captain Thomas L. Petersen
TLP:eol EXHmrr "A"