HomeMy WebLinkAbout18-Economic Development Agency
~ITY OF SAN BERfARDINO .?REQUEST ~R COUNCIL ACTION
.rom:
Dept:
Kenneth J. Henderson, Director
Ccmmuni.ty DevelUl-"Cl/t
Subject:
EM!lllGEH:Y AR1l!I"IT'RIl. GRl\Nl'
PR:lGRAM llGREEHEN'l' w:;~wJ:ilSl>l
CITl( l\ND DLVATICIN ARMY
Date:
NClITE!IIlber 15, 1989
Synopsis of Previous Council action:
In Januazy, 1989, the Mayor am l'hmnr1 Council authorized am directed staff to
suJ:mit an ~ication for EmeJ:gen::y Shelter Grant PL"':jLam (ESGP) furDs to the
U.S. Department of Halsi.n;J am urban Devel'-'l-"C&/t for FY 1989/1989 in the am:JllI1t
of $27,000.00.
on NClITE!IIlber 20, 1989, the Mayor am o-mnr., ecuncil awarded the FY 1989/1990
ESGP furDs to the Salvation Arrrrz am authorized staff to prepare an agreE!IM!1'1t
between the City am the Salvatim Arrrrz.
Recommended motion:
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1ldopt Resolution
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Ken Henderson
Phone:
5065
Contact person:
Supporting data attached:
staff Report
Ward:
1-7
Source: (Acct. No.)
$27,000.00
ESGP Letter of Credit
FUNDING REOUIREMENTS:
Amount:
(Acct. DescriPtion)
ESGP FY 89/90 Allocation
Finance: ''1/ ft. r/
. Council Notes:
75-0262
Agenda Item No.
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CITY OF SAN BERaRDINO - REQUEST -'R COUNCIL ACTION
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STAFF REPORT
In January, 1989, the Mayor and lhmInr1 eoun:::i1 authorized and
directed staff to sutmit an llI1'licati.a1 to the U.S. Department of
HaJSin;J and Url:lan Devel~JL (lIDO) for the Fll 1989/1990 ESGP
award in the 8JID.ll1t of $27,000. since the time the City sutmitted
its lq:plicati.a1, the Salvati.a1 Anny has ocntinled to provide
emergency food and shelter as well as CDJOin;J }'L""YL...... designed to
build-up hc:meless indivi'h" 1.. with certain need-specific ....'"":lL......
and sez:vioes. 'lhese activities reach c:hildren, youth, the
resident and transient, iJrpaverished and uneIIployed individuals.
On NOIIl!!II1ber 20, 1989, the Mayor and Chmlnrt eoun:::i1 awarded the
Salvati.a1 Anny the Fll 1989/1990 ESGP allocation in the 8JID.ll1t of
$27,000. Additionally, the Mayor and Chmlnrt eoun:::i1 directed
staff to prepare an aq............Jt between the City and the Salvation
Anny to cant:inue to provide direct sez:vioes to the hc:meless pc:pl-
lation.
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'ltle Salvati.a1 Anny is qlel'l six (6) days per week and assist an
average of two-hun:D:'ed, fifty (250) indivirlm.1.. per day with food,
cla\:hin;J, shelter and personal attention. In the past year, the
Salvati.a1 Anny shelter PL""YLCIIU with the benefit of ESGP tums and
matd1in:;J tums, have provided shelter for ever 5,279 hc:meless
c:hildren, men and liaIlen. 'lbi.s level of sez:vioe significantly
inc:reases the costs of administration. '!he Fll 1989/1990 ESGP
tums wmld be used to suwlement: the administra1;ion part of the
operation, with the Salvation Anny providin;J matd1in:;J tums. ().)r
latest calculations of the costs for administration of the Salva-
tion Anny Shelter is ~tely $110,000 per year. '!he ESGP
tums waUd assist in this area and help the shelter """......JLcate
on dedicatin;J tums to other areas equally as iJrportant.
I reo:. ...,-.n adq;lti.on of the resolution.
k-!i\j.~
J. HE1IDERSCN
Director of Chmwnli.ty Devel
KJ'lVlab/3545
Nov. 15, 1989
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75-0264
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RESOLUTION NUHBER
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND
DIRECTING THE EXECUTION OF AN EMERGENCY SHELTER GRANT PROGRAM
FUNDrNG AGREEMENT BETWEEN THE CrTY OF SAN BERNARDrNO AND THE
SALVATrON ARMY.
5 BE rT RESOLVED BY THE MAYOR AND COMMON COUNCrL OF THE CITY
OF SAN BERNARDrNO AS FOLLOWS:
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section 1.
The Mayor of the City of San Bernardino is hereby authorized.
and directed to execute, on behalf of the City, an agreement for
9 Emergency Shelter Grant Program (ESGP) funding with the Salva-
10 tion Army, which agreement is attached hereto as Exhibit "1",
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12 forth at length.
and is incorporated herein by reference as though fully set
The agreement provides for the granting of
13 Emergency Shelter Grant Program funds in the following amount of
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27,000.00.
15 section 2.
16 The authorizations to execute the above referenced agreement
17 is rescinded if the parties to the agreement fail to execute it
18 within sixty (60) sixty days of the passage of this resolution.
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RESOLUTrOH~THORrZrHG AN AGREEMENT WrT~HE
ARMY FOR EMERGEHCY SHELTER GRANT FONDS
SALVATrOH
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the city of San Ber-
3 nardino at a
meeting thereof, held on the
, 1989 by the following vote, to wit:
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day of
Counci1persons
AYES:
HAYES:
ABSENT:
City Clerk
13 The foregoing resolution is hereby approved this ____ day of
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Approved as to form
19 and legal content:
, 1989.
W.R. HOLCOMB, Mayor
City of San Bernardino
20 JAMES F. PENMAN,
City Attorney
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22 By: ~.~ ? II:-.~/>-<-
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3 THIS AGREEMENT, entered into this day of
4 1989, by and between the CITY OF SAN BERNARDINO, (hereinafter
5 referred to as "CITY") and THE SALVATION ARMY, a California non-
6 profit corporation, (hereinafter referred to as "SUBRECIPIENT");
7 KX%B~aa~%B
WHEREAS, pursuant to Subtitle "B" of the Stewart B. McKinney
Homeless Assistance Act of 1987 (Public Law 100-77), (herein-
after referred to as the "Act"), CITY has been awarded Emergency
Shelter Grant Program ("ESGP") funds which are to be used to
improve the quality of existing emergency shelters for the home-
less, to help make available additional emergency shelters, and
to help meet the costs of operating emergency shelters and of
providing certain essential social services to homeless indivi-
duals, and;
WHEREAS, CITY is authorized to contract with non-profit cor-
porations for the use of ESGP funds to provide various services
for homeless individuals, and;
WHEREAS, SUBRECIPIENT as a non-profit corporation, is elig-
ible under the "Act" to receive ESGP funds to provide those ser-
vices as described herein.
NOW, THEREFORE, the parties hereto do mutually agree as
follows:
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1. Term.
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The term of this Agreement shall be for a period com-
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mencing on the day of 1989, and termin-
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ating as provided for in Paragraph 5 herein.
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AGREEMENT FOR USE OF EMERGENCY SHELTER GRANT FUNDS
EXHIBIT "I"
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2. Scone of Services.
SUBRECIPIENT promises and agrees to provide certain
emergency shelter grant program services for homeless persons by
utilizing the sum of $27,000.00 in ESGP funds, as set forth in
the manner provided in Exhibit "A" which is attached hereto, and
6 by this reference, incorporated herein. SUBRECIPIENT shall also
7 provide homeless individuals with assistance in obtaining (i)
8 appropriate supportive services, including permanent housing,
9 physical health treatment, mental health treatment, counseling,
10 supervision, and other services essential for aChieving indepen-
11 dent living, and; (ii) other federal, state, local and private
12 assistance provided hereunder shall be in full conformity with
13 the "Act", and any amendments thereto, and the federal regula-
14 tions and guidelines now, or hereinafter enacted pursuant to the
15 "Act".
16 3. Matchina Funds.
17 SUBRECIPIENT must supplement its emergency shelter grant
18 amounts with an equal amount of funds from sources other than
19 those provided herein. These funds must be provided after the
20 date of the grant award to the SUBRECIPIENT. SUBRECIPIENT may
21 comply with this requirement by providing the supplemental funds
22 itself, or through supplemental funds or voluntary efforts or
23 gifts in-kind provided to SUBRECIPIENT, as appropriate.
24 4. Ca1cu1atina the Matcbina Amount.
25 In calculating the amount of supplemental funds, there
26 may be included the value of any donated material or build-
27 ing(s), the value of the leaseCs) on the buildingCs); any salary
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1 paid to staff of the SUBRECIPIENT, or to any state or non-profit
2 recipient, as appropriate, in carrying out the emergency shelter
3 grant program; and the time and services contributed by vol un-
4 teers to carry out the emergency shelter grant program deter-
5 mined at the rate of $5.00 per hour. For purposes of this Para-
6 graph 4, the SUBRECIPIENT, upon written concurrence of.the
7 Director of Community Development ("Director), will determine
8 the value of any donated material or building(s), or any
9 lease(s), or furnishings and equipment using any method reason-
10 ably calculated to establish a fair market value.
11 5. Termination.
12 (a) Either party may terminate this Agreement upon
13 thirty (30) days prior written notice to the other party.
(b) Notwithstanding the provisions of Paragraph 5(a),
CITY may suspend or terminate this Agreement forthwith for
cause, upon written notice to SUBRECIPIENT of the action being
taken. Cause shall be established, (i) in the event SUBRECIPIENT
fails to perform the convenants herein contained; (ii) in the
event there is a conflict with any federal, state or local law,
ordinance, regulation or rule rendering any of the provisions of
this Agreement invalid or untenable, or: (iii) in the event the
funding from the United states Department of Hous ing and Urban
Development (HUD), referred to in the recitals herein, is
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reduced, terminated other otherwise becomes unavailable. CITY
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shall provide written notice to SUBRECIPIENT within ten (10)
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working days from the date HUD reduces, suspends or terminates
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the ESGP funding. This Agreement may, at the discretion of the
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Director of Community Development, be either terminated or
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1 amended to reflect said reduction of funds.
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(c) Upon termination of this Agreement, SUBRECIPIENT
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agrees to return any unencumbered funds which it has been pro-
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vided by CITY. In accepting said funds, CITY does not waive any
5 claim or cause of action it may have against SUBRECIPIENT for
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breach of this Agreement.
7 (d) Upon termination of this Agreement, SUBRECIPIENT
8 shall not incur any obligations after the effective date of such
9 termination, unless expressly authorized in writing by CITY of
10 the notice of termination.
(e) Any provisions for inspection and audits relative to
the expenditure of funds provided for hereunder shall not be
ended upon the date of any termination but shall continue there-
after as specified herein.
6. pavment of Funds.
The Mayor and Common Council of the CITY shall determine
the final disposition and distribution of all funds received by
CITY under the "Act". CITY, through its Community Development
Department (COD), shall make payments of ESGP funds to SUBRECI-
PIENT for the purposes set forth in Exhibit "A" and shall moni-
tor the expenditure of funds and activities of SUBRECIPIENT to
ensure compliance with applicable federal regulations and the
terms of this Agreement. SUBRECIPIENT shall establish and main-
tain a separate account for all ESGP funds received under this
Agreement and deposit all such funds in said account.
All disbursements of grant funds by COD will be made in
27 the following manner:
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1 (a) Payments shall be made on a reimbursement basis and
2 made within thirty (30) days after the SUBRECIPIENT has submit-
3 ted written notice identifying payments made and requesting re-
4 imbursement. Payments shall be based on documented expenses by
5 SUBRECIPIENT, approved by the Director of Community Development,
6 or designee.
7 (b) One (1) advance payment may be granted to SUBRECI-
8 PIENT in such amount and at such time as determined by the Di-
9 rector of Community Development, not to exceed $5,000.00, when-
10 ever he/she finds that a need for same is properly documented
11 and otherwise consistent with the purposes of the grant.
12 (c) In no event shall CITY, or any of its officers,
13 agents or employees, be held liable for expenses incurred by
14 SUBRECIPIENT in excess of the ESGP allocation noted in Paragraph
2, entitled "Scotle of Services".
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16 (d) Payments may be withheld if, on a determination by
17 the Director of Community Development, SUBRECIPIENT has not
complied with the covenants herein contained at such times, and
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in such manner as provided in this Agreement.
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(e) No later than thirty (30) days prior to the date set
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forth herein for termination of this Agreement, SUBRECIPIENT
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shall provide COD with its estimate of the amount of funds which
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will remain unexpended upon such termination.
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Notwithstanding any provisions contained in this Para-
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graph 6, CITY, through its Director of Community Development,
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shall thereafter, upon reasonable notice provided to SUBRECI-
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PIENT, shall have the right to (i) reduce the payment of funds
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hereunder, (ii) renegotiate the actual levels of expenditures in
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the event SUBRECIPIENT'S rate of expenditures will result in
unexpended funds at the expiration of this Agreement, and/or;
(iii) re-program funds associated with a project in which the
Director of Community Development finds there has been no sub-
stantial progress or activity.
7. Documentation. Re~orts. Ins~ections and Performance
Evaluations.
(a) Documentation of EXDenditures. All expenditures
supported by properly executed payrolls, time records, invoices,
contracts, vouchers, receipts, orders and any other accounting
documentation pertaining, in whole or in part, to this Agree-
12 ment, shall be clearly identified and readily accessible. SUBRE-
13 CIPIENT shall maintain and keep available all such documents for
14 a period of not less than three (3) years from the termination
15 of this Agreement, if a CITY, state and/or federal audit has
16 occurred within six (6) months prior to date of termination, and
17 for a period of not less than five (5) years from said date if
18 such audit has not occurred. In the event of audit exception,
19 such documentation shall be maintained until every exception has
20 been cleared to the satisfaction of the auditing authority.
21 (b) ReDortS. SUBRECIPIENT, at such times and on such
22 forms as CITY may require, shall furnish CITY such statements,
23 records, reports, data and information as CITY may request per-
24 taining to its performance of services hereunder and other mat-
25 ters covered by this Agreement. SUBRECIPIENT shall establish
26 and maintain records in accordance with the Office of Management
27 and Budget (OMB) Circulars Numbered A-l10 and A-112, respec-
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tively, as applicable to the acceptance and use of emergency
shelter grants.
(c) Insoections. SUBRECIPIENT shall make available to
CITY, state and/or federal officials its records and data with
respect to all matters covered by this Agreement for inspection
and audit, which inspection and audit may be made at any time
after reasonable notice. SUBRECIPIENT shall comply with the
audit requirements of OMB Circular Number A-llO, as applicable,
and as they relate to the acceptance and use of federal funds
under this Agreement.
(d) Performance Evaluations. SUBRECIPIENT shall permit
CITY, state and/or federal officials to monitor, assess or eval-
uate SUBRECIPIENT'S performance under this Agreement on at least
a monthly basis, said monitoring, assessment or evaluation to
include, but not be limited to, audits, inventory, inspections
within the program area, and interviews with SUBRECIPIENT'S em-
ployees, agents, independent contractors and subcontractors,
providing the services under this Agreement and recipients
thereof.
(e) This Agreement contemplates that the SUBRECIPIENT
will pay salaries, utilities and furnishings with the monies
provided in accordance with Exhibit "A" and section 2 of this
agreement. SUBRECIPIENT has identified two (2) positions which
salaries are to be paid in part with ESGP funds under this
Agreement, and are identified herein as: (i) Maintenance/Jani-
torial, and; (ii) Facility Cook.
8. Buildina or Facilitv.
(a) Any building for which emergency shelter grant
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amounts are used for renovation, conversion, or major rehabili-
tation, must meet local safety and sanitation standards.
(b) When ESGP funds are utilized to provide emergency
shelter for the homeless in hotels or motels or other commercial
facilities providing transient housing, (i) SUBRECIPIENT, at the
6 request of CITY, shall execute an agreement with the provider of
7 such housing which provides that comparable living space, in
8 terms of quality, available in the facility for use as emergency
9 shelters for at least the same period of time as provided in
10 Paragraph 9 herein, and; (ii) leases negotiated between SUBRECI-
PIENT and the provider of such housing shall make available such
living space at substantially less than the daily room rate
otherwise charged by the facility, and; (iii) SUBRECIPIENT shall
certify, in writing, to City that it has considered using other
facilities as emergency shelters, and has determined 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) SUBRECIPIENT shall ensure that any building or faci-
lity is utilized exclusively for secular purposes.and is made
available to all persons regardless of religion. If ESGP funds
are used to renovate, rehabilitate, or convert buildings owned
23 by primarily religious organization or entities, SUBRECIPIENTS
24 shall comply with the provisions of Title 24, Code of Federal
25 Regulations, Part 575.21(b) (2).
26 (d) SUBRECIPIENT shall comply with the Uniform Federal
27 Accessibility standards (24 CFR, Part 40, Appendix "A"), when
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4 (a) SUBRECIPIENT shall maintain any building for which
5 ESGP funds are used for not less than a three (3) year period,
6 or for not less than a ten (10) year period if the grant amounts
7 are used for major rehabilitation or conversion of the building.
8 (b) The three (3) or ten (10) year periods begin to run,
9 (i) on the date of initial occupancy as an emergency shelter for
10 the homeless when the building utilized was D2t operated as an
11 emergency shelter for the homeless before receiving ESGP funds,
12 or: (ii) on the date that ESGP funds are first obligated to the
13 shelter when the building was operated as an emergency shelter
14 before receiving ESGP funds.
15 (c) When ESGP funds are used exclusively to provide es-
16 sential services including, but not limited to, services con-
17 cerned with employment, physical or mental health, substance
abuse, education, food, equipment or furnishings, the time
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periods noted above are not applicable.
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10. ZDde~endeD~ Ca~aci~v.
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SUBRECIPIENT, and its officers, employees and agents,
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shall act in an independent capacity during the term of this
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Agreement and shall not act as, shall not be, nor shall they in
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any manner be construed to be officers, employees, or agents of
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the CITY or the State of California.
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11. Assianabilitv.
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SUBRECIPIENT cannot assign any of its rights, duties or
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obligations pursuant to this Agreement to any person or entity
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activities funded by the ESGP involve major rehabilitation or
conversion.
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Main~enance as a Homeless Pacili~v.
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without the prior written consent of CITY. This includes the
ability to subcontract all, or a portion of, its rights, duties
and obligations hereunder.
12. Insurance.
SUBRECIPIENT shall during the term of this Agreement:
(a) Procure and maintain Workers' Compensation Insurance
as prescribed by the laws of the state of California.
(b) Procure and maintain comprehensive general and auto-
mobile liability insurance as shall protect SUBRECIPIENT from
claims for damages for personal injury, including accidental and
wrongful death, as well as from claims for property damage,
which may arise from activities or programs under this Agree-
13 ment, whether such activities or programs be by SUBRECIPIENT, by
14 any subcontractor or by any officer, employee or agent of either
15 of them.
16 Such insurance shall name CITY as an additional
17 insured with respect to this Agreement and the obligations of
18 SUBRECIPIENT hereunder. Such insurance shall provide for com-
19 bined coverage limits of not less than $1,000,000 per occur-
20 rence.
21 (c) Furnish CITY with policies of insurance showing that
22 such insurance is in full force and effect, and that CITY is
23 named as an additional insured with respect to this Agreement
24 and the obligations of SUBRECIPIENT hereunder. Further, said
25 policies shall contain the covenant of the insurance carrier
26 that thirty (30) days written notice will be given to CITY prior
27 to modification, cancellation or reduction in coverage of such
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insurance.
13. Hold Harmless.
SUBRECIPIENT shall indemnify and hold CITY, its offi-
cers, agents, employees and independent contractors free and
harmless from any liability whatsoever, including wrongful
death, based or asserted upon any act or omission of SUBRECI-
PIENT, its officers, agents, employees and independent contrac-
tors in any legal action based upon such alleged acts or omis-
sions. The specific insurance coverage required in Paragraph 12
shall in no way limit or circumscribe SUBRECIPIENT'S obligation
to indemnify and hold CITY harmless as set forth in this Para-
12 graph 13.
13 14. Federal Reauirements.
14 (a) SUBRECIPIENT shall comply with the provisions of the
15 Act, and any amendments thereto, and the federal regulations and
16 guidelines now or hereinafter enacted pursuant to the "Act".
More particularly, SUBRECIPIENT is to comply with those regu1a-
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tions found in Part 575 of Title 24 of the Code of Federal Regu-
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lations and OMB Circulars Numbered A-110 and A-112, respec-
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tively, and appropriate attachments for non-profit organization
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contractors.
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(b) The SUBRECIPIENT represents that it is, or may be, a
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religious or denominational institution or organization or an
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organization operated for religious purposes which is supervised
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or controlled by, or in connection with, a religious or denomin-
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ationa1 institution or organization.
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(c) The SUBRECIPIENT agrees that, in connection with the
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services to be provided hereunder, (i) it will not discriminate
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against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in em-
ployment to persons on the basis of religion; (ii) it will not
discriminate against any person applying for such services on
the basis of religion and will not limit such services or give
preference to persons on the basis of religion; (iii) it will
provide no religious instruction or counseling, conduct no
religious workshop or services, engage in no religious prosely-
tizing and exert no other religious influence in the provision
of such services; (iv) the portion of a facility used to provide
services assisted, in whole or in part, under this Agreement
shall contain no sectarian or religious symbols or decorations,
and; (v) the funds received under this Agreement shall not be
used to construct, rehabilitate, or restore any facility which
is owned by the SUBRECIPIENT in which the services are to be
16 provided; Drovided that. minor repairs may be made if such re-
17 pairs are directly related to the services; are located in a
18 structure used exclusively for non-religious purposes, and;
19 constitute in dollar terms only a minor portion of the ESGP ex-
20 penditure for the public services.
21 15. ComD1iance with Law.
22 SUBRECIPIENT shall comply with all federal, state and
23 local laws and regulations pertinent to its operation and ser-
24 vices to be performed hereunder, and shall keep in effect any
25 and all licenses, permits, notices and certificates as are re-
26 quired thereby. SUBRECIPIENT shall further comply with all laws
27 applicable to wages and hours of employment, occupational safety
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and to fire safety, health and sanitation.
16. ComDrehensive Homeless Assistance Plan.
SUBRECIPIENT shall cooperate with CITY in undertaking
emergency shelter grant activities and shall assist CITY in
carrying out its Comprehensive Homeless Assistance Plan and
shall act in conformity therewith.
17. Non-Discrimination and Eaual ODDortunitv ComDliance.
SUBRECIPIENT hereby certifies compliance with the fol-
lowing:
(a) Executive Order Number 11246, as amended, and the
regulations issued thereunder at Title 41, Code of Federal Regu-
lations, Chapter 60;
(b) Title VI and Title VII of the civil Rights Act of
1964 (423 U.S.C Section 2000(d) et. seq.), as amended by the
Equal Opportunity Act of March 24, 1972, (Public Law Number 92
261);
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(c) Title VIII of the civil Rights Act of 1968 (42
U.S.C. Sections 3601-3619) and implementing regulations issued
pursuant ~hereto (24 CFR, Part 1);
(d) Executive Order Number 11063 and implementing
regulations issued pursuant thereto (25 CFR, Part 107);
(e) Age Discrimination Act of 1975 (42 U.S.C., sections
6101-6107);
(f) section 504 of the Rehabilitation Act of 1973 (29
U.S.C., section 794), and;
(g) Executive Orders Numbered 11625, 12432 and 12138.
Consistent with HOD's responsibilities under these
Orders, the SUBRECIPIENT must make efforts to encourage the use
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of minority and women-owned business enterprises in connection
with ESGP activities;
(h) SUBRECIPIENT shall establish and maintain a proce-
dure through which homeless individuals will be informed of the
facilities and services available to all on a nondiscriminatory
6 basis.
7
8
9
10
11
(i) SUBRECIPIENT agrees to abide by, and include in any
subcontracts to perform work under this Agreement, the following
clause:
"During the performance of this Agreement, SUBRECI-
PIENT and its subcontractors shall not unlawfully discriminate
12 against any employee or application for employment because of
13 race, religion, color, national origin, ancestry, physical hand-
14 icap, medical condition, marital status, age (over 40), or sex.
15 SUBRECIPIENT and subcontractors shall ensure that the evaluation
16 and treatment of their employees and applications for employment
17 are free of such discrimination.
18 SUBRECIPIENT and subcontractors shall comply with
19 the provisions of the Fair Employment and Housing Act (Govern-
20 ment Code, section 12900 et. seq.). The applicable regulations
21 of the Fair Employment and Housing commission implementing Go-
22 vernment Code Section 12990, set forth in Chapter five (5) of
23 Division four (4) of Title two (2) of the California Administra-
24 tive Code are incorporated into this Agreement by reference and
25 made a part hereof as if fully set forth at length.
26 SUBRECIPIENT and its subcontractors shall give writ-
27 ten notice of their obligations under this clause to labor or-
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1 ganizations with which they have a collective bargaining or
2 other agreement."
3 (j) The equal opportunity clause contained in section
4 202 of Executive Order Number 11246, as amended, is hereby
5 incorporated into this Agreement by this reference.
6 (k) During the performance of this Agreement, SUBRECI-
7 PIENT and its subcontractors, if any, shall not deny the bene-
8 fits rendered hereunder to any person on the basis of religion,
9 color, ethnic group identification, sex, age or physical or men-
10 tal disability.
11 (1) SUBRECIPIENT shall furnish all information and re-
12 ports as required by Executive Order Number 11246, as amended.
13 (m) SUBRECIPIENT shall include the non-discrimination
14 and compliance provisions of the equal opportunity clause in all
15 subcontracts, if any.
16 18. Affirmative Action ComD1iance.
17 Each SUBRECIPIENT or subcontractor with less than fifty
18 (50) employees shall comply with section 202, Part II, of Execu-
tive Order number 11246, as amended. SUBRECIPIENT shall ensure
that subcontractors, if any, falling within the scope of this
provision shall comply 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 ESGP funds and who exercises or has
exercised any functions or responsibilities with respect to
assisted activities, or; (ii) in a position to participate in a
decision making process or gain inside information with regard
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to such activities, may obtain a personal or financial interest
or benefit from the activity, or have an interest in any con-
tract, subcontract or agreement with respect thereto, or the
proceeds thereunder, either for himself or herself or those with
5 whom he or she has family or business ties, during his or her
6 tenure or for one (1) year thereafter.
7 20. Eliaibilitv of Contractors and Subcontractors.
8 No ESGP funds allocated to SUBRECIPIENT through this
9 Agreement may be used, directly or indirectly, to employ, award
10 contracts to, or otherwise engage the services of, or purchase
11 the goods of, or fund any contractor or subcontractor during any
12 period of debarment, suspension, or placement in ineligibility
13 status under the provision of 24 CPR, Part 4.
21. Lead Based Paint.
SUBRECIPIENT and all subcontractors, if any, shall com-
ply with the requirements, as applicable, of the Lead-Based
Paint Poisoning Prevention Act (42 U.S.C., section 4821-4846)
and implementing regulations issued pursuant thereto (24 CPR,
Part 35)..
22. Flood Insurance.
No site proposed on which renovation, major rehabilita-
tion, or conversion of a building, is to be assisted under this
part, other than by grant amounts allocated to the state, may be
24 located in an area that has "been identified by the Federal Emer-
25 gency Management Agency as having special flood hazards, unless
26 the community in which the area is situated is participating in
27 the National Flood Insurance Program and the regulations issued
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1 thereunder (44 CFR, Parts 59-79) or less than a year has passed
2 since the Federal Emergency Management Agency notification re-
garding such hazards, and the SUBRECIPIENT will ensure that
3
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5 section 102(a) of the Flood Disaster Protection Act of 1973, (42
6
7
8
flood insurance on the structure is obtained in compliance with
u.s.c. ,
section 4001 et. seg.).
23. Notice.
Any notices required or desired to be served by either
9 party upon the other shall be addressed to respective parties as
10 set forth below (or to such other addresses as from time to time
11 may be designated, in writing, by the respective parties):
12
AS '1'0 CITY:
AS '1'0 SUBRBCI PIEN'1' :
Kenneth J. Henderson, Director
community Development Department
ci ty of San Bernardino
300 North "D" Street, 5th Floor
San Bernardino, CA 92418-0001
Robert Anderson, Director
The Salvation Army
P.O. Box 947
San Bernardino, CA 92402
24. Bindina Successors.
SUBRECIPIENT, its heirs, assigns and successors in inte-
rest shall be bound by all the provisions contained 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
24 enter into and meet the requirements of this Agreement.
25 26. Entire Aareement.
26 This Agreement is intended by the parties hereto as the
27 final and exclusive expression of these provisions contained in
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this Agreement and it supersedes and replaces any and all prior
and contemporaneous agreements and understandings, oral or writ-
ten, in connection therewith. This Agreement may be modified or
changed only upon the written consent of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals this day and year first above written.
CITY OP SAN BERNARDINO
THE SALVATION ARMY, a Cali-
fornia corporation
President
W.R. HOLCOMB, Mayor
City of San Bernardino
12 ATTEST
Assistant secretary
13
14 City Clerk
15
Approved as to form and
16 legal oontent:
17 JAMES F. PENMAN,
18 City Attorney
I )
19 BY: /- ? ;It,~
20 KJdab/3409
21
Rev. 11/14/89
22
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24
25
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27
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THE SALVATXON ARMY
"Budget"
Budget expenditures for FY 1989/1990 will be as follows:
Descrintion
Annual Salaries
(includes 20%
lfrinae ben.)
Salvation
ArIIIy
Portion
Facility Cook: $ 16,016 $11,966
Maintenance/Janitorial: $ 14,560 $ 7,280
Additional Staff: $ 42,924 $42,924
Utilities: $ 16,800 $10,800
(Gas/Water/Elec.)
Furnishings: $ 19.700 $10.030
TOTAL: $110.000 $83.000
.
lab/3540
Nov. 15, 1989
EXHXBXT "A"
.
ESGP
Portion
$ 4,050
$ 7,280
$ -0-
$ 6,000
$ 9.670
$27.000