______________________________________________________________ 21900 Colorado Avenue, P.O. Box 758, San Joaquin, CA 93660 (559) 693-4311, (559) 693-2193 (fax), www.cityofsanjoaquin.org
NOTICE AND CALL OF SPECIAL MEETING AND AGENDA
CITY OF SAN JOAQUIN CITY COUNCIL
Notice is hereby given that the City Council of the City of San Joaquin will hold a special meeting beginning at 11:30 A.M. on Wednesday, December 18, 2024, at the VFW Hall, 22001 W. Manning Avenue, San Joaquin, CA 93660.
MEMBERS OF THE PUBLIC MAY ATTEND THIS MEETING OR
PARTICIPATE IN THE MEETING BY SUBMITTING WRITTEN COMMENTS
AT CITY HALL OR BY EMAIL PRIOR TO THE MEETING AT
[email protected]
The City Council welcomes you. All attendees are advised that pagers, cell phones, and any other communication devices should be powered off upon entering the Council meeting and to silence their devices until they speak.
The Council may consider and act on an agenda item in any order it deems appropriate.
Actual timed items may be heard later but not before the time set on agenda. Persons interested in an item listed on the agenda are advised to be present throughout the meeting to ensure their presence when the items is called.
For each agenda item considered by the Council there will first be a staff presentation followed by a presentation from the involved individuals. Public comments from those in attendance will then be taken. All comments will be limited to three minutes per person.
1. CALL TO ORDER - PLEDGE OF ALLEGIANCE – ROLL CALL
Adam Flores-Cornejo
Martha Mejia
Cristina Covarrubia
Abel Lua
Rosa M. Ramirez
2. APPROVAL OF AGENDA
3. PUBLIC COMMENTS ON THIS AGENDA. The sole business to be conducted is listed below. Members of the public will have an opportunity to address the City Council on the item(s) listed on this agenda.
4. NEW BUSINESS
A. SUBJECT: Council consider a subrecipient agreement with the Salvation Army for a hot meal and food distribution program funded by CDBG.
RECOMMENDATION: Council approve the subrecipient agreement with the Salvation Army for a hot meal and food distribution program funded by CDBG and authorize the City Manager to execute all related documents for it on behalf of the City. (Enclosure P. 1, Action Item)
B. SUBJECT: Council consider a subrecipient agreement with the Salvation Army for a Community Program funded by ARPA funds.
RECOMMENDATION: Council approve the subrecipient agreement with the Salvation Army for a Community Program funded by ARPA and authorize the City Manager to execute all related documents for it on behalf of the City. (Enclosure P. 21, Action Item)
C. SUBJECT: Authorizing the use of American Rescue Plan Act Funds for Fiscal Year 2025-2026 and 2026-2027 for qualifying activities.
RECOMMENDATION: Council approve Resolution No. 2024-45, Authorizing the use of American Rescue Plan Act Funds for Fiscal Year 2025-2026 and 2026-2027 for qualifying activities. (Enclosure P. 28, Action Item)
5. ADJOURN MEETING –
NOTICE OF ADA COMPLIANCE: If you or anyone in your party needs reasonable accommodations to attend, or participate in, any City Council Meeting, please make arrangements by contacting the City Clerk’s Office at City Hall 24 hours prior to the meeting Who can be reached by calling 693-4311 or by mail at P.O. Box 758, San Joaquin, CA 93660.
NOTICE OF AVAILABILITY OF AGENDA MATERIALS: Any writings or documents provided to a majority of the City Council regarding any items on this agenda will be made available for public inspection at the City Clerk’s Office located at City Hall 21900 Colorado Avenue during normal business hours.
LEVINE ACT DISCLOSURE. Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $250 made by the party or the party’s agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well.
The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made.
Council Members are also required to make such disclosures and recuse themselves.
CONFLICT OF INTEREST. City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure when the item is called and recuse themselves.
CERTIFICATION OF POSTING
I, Matt Flood, Acting City Clerk of the City of San Joaquin, do hereby declare that the foregoing agenda for the San Joaquin City Council Special Meeting of Wednesday, December 18, 2024 was posted at the following locations: City Hall, 21900 Colorado Avenue, San Joaquin Senior Center, 21991 Colorado Ave. (B) and US Post Office, 8667 Ninth Street, and VFW Hall 22001 W. Manning Avenue on Tuesday December 17, 2024 by 11:30 a.m.
**NEXT REGULAR COUNCIL MEETING WILL BE HELD JANUARY 13, 2024** Subrecipient Agreement for the Salvation Army
SUBRECIPIENT AGREEMENT
AGREEMENT BETWEEN THE CITY OF SAN JOAQUIN
AND THE SALVATION ARMY FOR
HOT MEAL / FOOD DISTRIBUTION PROGRAM
THIS AGREEMENT, entered this 18th day of December 2024, by and between the City of San Joaquin, a municipal corporation (herein called the “Grantee”) and The Salvation Army, a California non-profit 501 (C) (3), (herein called the “Subrecipient”).
WHEREAS, the Grantee has applied to the State of California, Department of Housing and Community Development (the Department), State Community Development Block Grant Program (CDBG) originating from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHERAS, CDBG funds will provide funding for a hot meal and food box distribution program; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds;
NOW, THEREFORE, it is agreed between the parties hereto that; I. FUNDING AVAILABILITY AND USE
A. Contingent on funding
The terms of this agreement are valid and enforceable only to the extent to which funds are made available to the GRANTEE by the United States Government and the State of California for the purposes of the Community Development Block Grant Program.
B. Limitation on Use of Funds
Grant funds may be used by the SUBRECEPIENT only for the activities described in this agreement and any properly executed amendment thereto. Funds found to have been expended improperly or for which sufficient documentation is not available shall be repaid by the SUBRECIPIENT to the GRANTEE.
C. Duplication of Benefits
In accordance with Section 312 of the Stafford Act, the SUBRECIPIENT will ensure that there is no duplication of benefits with any of the proposed funding as required by the Department. If a duplication of benefits is later found, a repayment of funds may be required.
II. SCOPE OF SERVICE
A. Activities
1 Subrecipient Agreement for the Salvation Army
The SUBRECIPIENT will be responsible for implementing the hot meal and food box distribution program, in a manner satisfactory to the GRANTEE and consistent with any standards required as a condition of providing these funds. Such program will include the following activities eligible under the CDBG Program:
Program Delivery
Activity #1 Food Bank (05W) Hot meal and Food Box Distribution Program.
General Administration
The Subrecipient shall provide all CDBG Program-required financial oversight and grant reporting for the Public Service programs listed above to the Grantee, including all programspecific administrative, monitoring and reporting requirements specified in the CDBG Grant Management Manual and contract between the Grantee and the Department regarding this CDBG grant.
B. National Objectives
All activities funded with CDGB funds must meet one of the CDBG program’s National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. The Subrecipient warrants and assures that the services carried out under this Agreement will comply with the CDBG National Objective by benefiting low-and moderate-income persons and households.
Any programs administered by the Subrecipient pursuant to this Agreement will serve 100% low- and moderate-income limited clientele within the service area, which has been identified as within the city limits. The food distribution program will qualify on an “LMA” basis.
Levels of Accomplishment – Goals and Performance Measures The Subrecipient agrees to provide the following levels of program services:
Activity #1: Hot Meal / Food Box Distribution Program: Assistance to 350 unduplicated individuals
C. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated.
D. Reporting Requirements
2 Subrecipient Agreement for the Salvation Army
Subrecipient agrees to provide quarterly financial status reports and annual performance reports per forms and instructions provided by the Grantee. Said reports shall include a statement indicating the expenses for which grant funds are being requested. In addition, Subrecipient shall submit, on an annual basis, no later than July 15th for the previous fiscal year ending June 30th, the following data for all non-duplicated individual served:
For activities serving a limited clientele, the following information will need to be obtained and provided on reports.
1) Name or identification number
2) Home address
3) Total household size
4) Annual gross income for household
5) % of area median income
6) Access to service/program
7) Hispanic (yes/no)
8) Race/ethnicity
For activities under the Area Benefit criteria, the public service must be offered to all residents of an area where at least 51 percent of the residents are LMI. The subrecipient will be required to provide a brief narrative of accomplishment and number of persons that were served.
III. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the date a CDBG grant is executed (subject to award) and end 33 months from execution date. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets, including program income.
IV. BUDGET
Budget shall not exceed: $280,400 .
Any amendments to the budget must be approved in writing by both the Grantee and the Subrecipient.
V. PAYMENT
Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Paragraph IV herein and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets and in accordance with performance.
With the submission of original monthly bills, together with proper support documentation, for the services described in Section A. of this Agreement, the Subrecipient will be reimbursed on a monthly basis. Payments may be contingent upon certification of the 3 Subrecipient Agreement for the Salvation Army
Subrecipient’s financial management system in accordance with the standards specified in 2 CFR Part 200.300-309.
VI. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this contract shall be directed to the following contract representatives:
Grantee: Subrecipient:
City of San Joaquin Salvation Army
Attn: City Manager Attn: Mark Ford
21900 Colorado Avenue 21962 Railroad Avenue
San Joaquin, CA 93660 San Joaquin, CA 93660
(559) 693-4311 (559) 458-5505
VII. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with the requirements of the Code of Federal Regulations, Title 2 Grant and Agreements Part 200 Subpart A -F and Title 24 Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Subrecipient does not assume the grantees’ environmental responsibilities described in 24 CFR 570.604 and (2) the Subrecipient does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.
B. “Independent Contractor”
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an “independent contractor” with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent contractor.
4 Subrecipient Agreement for the Salvation Army
C. Hold Harmless
The Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient’s performance or nonperformance of the services or subject matter called for in this Agreement.
D. Workers’ Compensation
The Subrecipient shall provide Workers’ Compensation Insurance coverage for all of its employees involved in the performance of this Agreement.
E. Insurance & Bonding
The Subrecipient shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Grantee.
The Subrecipient shall comply with the bonding and insurance requirements of 2 CFR Part 200.324 Federal Awarding agency pass through entity review and 2 CFR Part 200.325, Bonding Requirements.
F. Grantee Recognition
The Subrecipient shall insure recognition of the role of the Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement.
G. Amendments
The Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the Grantee or Subrecipient from its obligations under this Agreement.
The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Subrecipient.
H. Suspension or Termination
5 Subrecipient Agreement for the Salvation Army
In accordance with 2 CFR Part 200.339, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following:
(a) The Federal award may be terminated in whole or in part as follows:
(1) By the Federal awarding agency or pass-through entity, if a non-Federal entity fails to comply with the terms and conditions of a Federal award; (2) By the Federal awarding agency or pass-through entity for cause; (3) By the Federal awarding agency or pass-through entity with the consent of the non-Federal entity, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; or
(4) By the non-Federal entity upon sending to the Federal awarding agency or passthrough entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated.
However, if the Federal awarding agency or pass-through entity determines in the case of partial termination that the reduced or modified portion of the Federal award or subaward will not accomplish the purposes for which the Federal award was made, the Federal awarding agency or pass-through entity may terminate the Federal award in its entirety.
(b) When a Federal awarding agency terminates a Federal award prior to the end of the period of performance due to the non-Federal entity's material failure to comply with the Federal award terms and conditions, the Federal awarding agency must report the termination to the OMB-designated integrity and performance system accessible through SAM (currently FAPIIS).
(1) The information required under paragraph (b) of this section is not to be reported to designated integrity and performance system until the non-Federal entity either - (i) Has exhausted its opportunities to object or challenge the decision, see § 200.341 Opportunities to object, hearings and appeals; or (ii) Has not, within 30 calendar days after being notified of the termination, informed the Federal awarding agency that it intends to appeal the Federal awarding agency's decision to terminate.
(2) If a Federal awarding agency, after entering information into the designated integrity and performance system about a termination, subsequently:
(i) Learns that any of that information is erroneous, the Federal awarding agency must correct the information in the system within three business days; 6 Subrecipient Agreement for the Salvation Army
(ii) Obtains an update to that information that could be helpful to other Federal awarding agencies, the Federal awarding agency is strongly encouraged to amend the information in the system to incorporate the update in a timely way. (3) Federal awarding agencies, shall not post any information that will be made publicly available in the non-public segment of designated integrity and performance system that is covered by a disclosure exemption under the Freedom of Information Act. If the non-Federal entity asserts within seven calendar days to the Federal awarding agency who posted the information, that some of the information made publicly available is covered by a disclosure exemption under the Freedom of Information Act, the Federal awarding agency who posted the information must remove the posting within seven calendar days of receiving the assertion. Prior to reposting the releasable information, the Federal agency must resolve the issue in accordance with the agency's Freedom of Information Act procedures.
(c) When a Federal award is terminated or partially terminated, both the Federal awarding agency or pass-through entity and the non-Federal entity remain responsible for compliance with the requirements in §§ 200.343 Closeout and 200.344 Post-closeout adjustments and continuing responsibilities.
VIII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
1. Accounting Standards
The Subrecipient agrees to comply with 2 CFR Part E Cost Principles and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with 2 CFR Part D subpart 200.300-200.309, 2 CFR Part E Cost Principles and 2 CFR Part F Audit Requirements. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record Keeping
1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 2 CFR Part 200, which are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
a) Records providing a full description of each activity undertaken; 7 Subrecipient Agreement for the Salvation Army
b) Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
c) Records required to determine the eligibility of activities; d) Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;
e) Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
f) Financial records as required by 2 CFR Part 200 Subpart C, D, E & F g) Other records necessary to document compliance.
2. Retention
The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement in compliance with 2 CFR Part 200.333-337 and for a period of five (5) years.
The retention period begins on the date of the close out letter issued by the Grantee. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five-year period, whichever occurs later.
3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to Grantee monitors or their designees for review upon request.
4. Disclosure
The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee’s or Subrecipient’s responsibilities with respect to services provided under this contract, is prohibited by the applicable State of Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.
5. Closeouts
The Subrecipient’s obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the 8 Subrecipient Agreement for the Salvation Army
Grantee), and determining the custodianship of records. Not withstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income.
6. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning subrecipient audits and 2 CFR Part 200 Subpart F.
C. Reporting and Payment Procedures
1. Program Income
In the event there is program income, the Subrecipient shall report “quarterly” all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this contract. The use of program income by the Subrecipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Subrecipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balance on hand. All unexpended program income shall be returned to the Grantee at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the Grantee.
2. Indirect Costs
Indirect costs will not be allowed under this program unless written approval has been received by the Grantee.
3. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient, and not to exceed 9 Subrecipient Agreement for the Salvation Army
actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Subrecipient.
D. Procurement
1. Compliance
The Subrecipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all nonexpendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this Agreement.
2. Federal Requirements
Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 2 CFR Part 200 Subpart D 200.317.
3. Travel
The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement.
E. Use and Reversion of Assets
The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR Part 200 Subpart D, as applicable, which include but are not limited to the following:
1. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.
2. Real property under the Subrecipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until five (5) years after expiration of this Agreement [or such longer period of time as the Grantee deems appropriate]. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of nonCDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient 10 Subrecipient Agreement for the Salvation Army
may retain real property acquired or improved under this Agreement after the expiration of the five-year period [or such longer period of time as the Grantee deems appropriate].
3. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment].
IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING
REPLACEMENT
The Subrecipient’s scope of public services does not involve relocation of residents or acquisition of real property or one-for-one housing replacement. Funds received by the Subrecipient shall not be used for relocation, real property acquisition, or one-for-one housing replacement as a part of this agreement.
X. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights
1. Compliance
The Subrecipient agrees to comply with local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.
2. Nondiscrimination
The Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279.
The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.
3. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P. L. 88-352) and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with 11 Subrecipient Agreement for the Salvation Army
assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate.
4. Section 504
The Subrecipient agrees to comply with all Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.
B. Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The Grantee shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.
2. Women- and Minority-Owned Businesses (W/MBE)
The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.
3. Access to Records
12 Subrecipient Agreement for the Salvation Army
The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the Grantee, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.
4. Notifications
The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the Subrecipient’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. Additional State of California Requirements regarding the State Equal Opportunity provisions are contained in Attachment B.
6. Subcontract Provisions
The Subrecipient will include the provisions of Paragraphs X.A, Civil Rights, and B, Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own subrecipients or subcontractors.
C. Employment Restrictions
1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; inherently religious activities; lobbying; political patronage; and nepotism activities.
2. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient shall 13 Subrecipient Agreement for the Salvation Army
maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Grantee for review upon request.
The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph.
“Section 3” Clause
a) Compliance: Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the Grantee, the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors. Failure to fulfill these requirements shall subject the Grantee, the Subrecipient and any of the Subrecipient’s subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.
The Subrecipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement:
“The work to be performed under this Agreement is a
project assisted under a program providing direct
Federal financial assistance from HUD and is subject
to the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended (12
U.S.C. 1701). Section 3 requires that to the greatest
extent feasible opportunities for training and
employment be given to low- and very low-income
residents of the project area, and that contracts for
14 Subrecipient Agreement for the Salvation Army
work in connection with the project be awarded to
business concerns that provide economic
opportunities for low- and very low-income persons
residing in the metropolitan area in which the project
is located.”
The Subrecipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very lowincome persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs.
The Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements.
b) Notifications: The Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.
c) Subcontracts: The Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.
15 Subrecipient Agreement for the Salvation Army
D. Conduct
1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee.
2. Subcontracts
a) Approvals: The Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the Grantee prior to the execution of such agreement.
b) Monitoring: The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance.
c) Content: The Subrecipient shall cause all of the provisions of this contract in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d) Selection Process: The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process.
3. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.
4. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following:
a) The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees 16 Subrecipient Agreement for the Salvation Army
or agents engaged in the award and administration of contracts supported by Federal funds.
b) No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.
c) No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency.
5. Lobbying
The Subrecipient hereby certifies that:
a) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and
c) It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly:
17 Subrecipient Agreement for the Salvation Army
d) Lobbying Certification
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
6. Copyright
If this contract results in any copyrightable material or inventions, the Grantee and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes.
7. Religious Activities
The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization.
XI. ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
• Clean Air Act, 42 U.S.C., 7401, et seq.;
• Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; • Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).
18 Subrecipient Agreement for the Salvation Army
C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B.
Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven.
The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted.
D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list.
XII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
XIII. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
XIV. WAIVER
The Grantee’s failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
XV. ENTIRE AGREEMENT
19 Subrecipient Agreement for the Salvation Army
This agreement constitutes the entire agreement between the Grantee and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the Grantee and the Subrecipient with respect to this Agreement.
Date: December 18, 2024
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
City of San Joaquin Salvation Army
By: By:
Elizabeth Cabrera, City Manager Mark Nelson, Major General Secretary Subrecipient’s
Federal I.D. #94-1156347
Attest
Darren Norton, Major Divisional Commander
20
AGREEMENT BETWEEN THE CITY OF SAN JOAQUIN
AND THE SALVATION ARMY FOR A COMMUNITY PROGRAM
This Agreement for A COMMUNITY PROGRAM (“Agreement”), is entered this December ___ , 2024, by and between the City of San Joaquin, a municipal corporation (herein called the “City”) and The Salvation Army, a California Corporation, (herein called the “Contractor” or “TSA”).
WHEREAS, the City has received American Rescue Plan Act (ARPA) grant funding, a portion of which the City wishes to allocate to activities undertaken by Salvation Army consistent with their organization’s mission within the community of San Joaquin; and WHEREAS, The Salvation Army has experienced a loss of funding for some of their programs, creating an element of uncertainty for funding the program; and WHEREAS, The City currently has other active or proposed agreements with Salvation Army to provide services, including a proposed agreement contingent on approval for CDBG funding. In the event that the CDBG funding is not granted, this agreement intends to fulfill as many objectives as that funding intended, until relevant funding (such as ARPA) is exhausted; and WHEREAS, the Salvation Army with the previous lost funding sources had been able to provide an average of 1500 hot meals monthly and 18,000 annual meals for the City of San Joquin, among many other tangible and intangible benefits to the community; and WHEREAS, the City wishes to engage The Salvation Army in the fulfilling of their objectives within San Joaquin, for the wellbeing of its community; and
WHEREAS, The Salvation Army wishes to provide the services set forth in this Agreement.
NOW, THEREFORE, it is agreed by and between the Parties as follows:
I. FUNDING AVAILABILITY AND USE
A. Contingent on funding
The terms of this Agreement are valid and enforceable only to the extent funds continue to be made available, which funding may come from various sources, including Local, State, Federal, or Private funding.
B. Limitation on Use of Funds
Funds from the City shall be used by the Contractor only for the activities described in this Agreement and any properly executed amendment thereto. Funds found to have been expended improperly or for which sufficient documentation is not available shall be repaid by the Contractor to the City.
II. SCOPE OF SERVICE
The Contractor will be responsible for managing a program consistent with their current operations, providing food in the form of prepared meals or “food boxes”, and whatever other staples can be provided to the community, in a manner satisfactory to the City.
III. TIME OF PERFORMANCE
This Agreement is effective December ___, 2024 and shall expire on December 31, 2026, or until all ARPA funds from the City are exhausted, or as amended pursuant to Section IV.
IV. TERMINATION
Termination for Convenience. Either party may terminate this Agreement at any time by giving notice of such termination (including the effective termination date) at least thirty (30) calendar days before the effective date of such termination.
V. BUDGET
The Contractor shall track and provide any documentation necessary to ensure the appropriate use of funding, including providing Quarterly reports of all activities associated to use of funds. Additional reporting may be requested of Contractor by City and shall be done in writing.
The budget amount for this Program within the term of this Agreement shall not exceed $172,000, with 20% ($34,400) being available for immediate disbursement upon the provision to the City of a budget from the Contractor detailing such costs. All other qualifying expenses shall be reimbursed to Contractor based on Section VI below.
Any amendments to the budget must be requested in writing by both the City and Contractor.
VI. PAYMENT
With the exception of the amount to be disbursed immediately pursuant to Section V above, all other qualifying expenses incurred by the Contractor shall be granted on a reimbursement basis, via a monthly expense report provided by Contractor on a form acceptable to the City. The total of all reimbursements for monthly ongoing services, excluding the first two months in which the immediate disbursement referenced above will affect the total, shall not exceed $20,000 per month, for the duration in which the Contractor continues to provide services under this Agreement.
VII. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means such as email. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this contract shall be directed to the following contract representatives:
City: Contractor:
City of San Joaquin The Salvation Army, a California Corporation Attn: City Manager Attn: Mark Ford, Field Representative 21900 Colorado Avenue P.O. Box 934
San Joaquin, CA 93660 San Joaquin, CA 93660
(559) 693-4311 (559) 458-5505
VIII. GENERAL CONDITIONS
A. General Compliance
The Contractor agrees to use all funding provided in compliance with the spirit and intent of the provisions by which these funds were provided to the City, (ARPA Rules and Regulations, including the qualification of activities consistent with those classified as Title I projects, investing in eligible activities under the CDBG and ICDBG programs as listed in section 105(a) of the Housing and Community Development Act of 1974).
B. Independent Contractor
For the purposes of this Agreement, “Contractor” shall be deemed to include not only Contractor, but also any agent or employee of Contractor. Contractor acknowledges and agrees that at all times, Contractor or any agent or employee of Contractor shall be deemed at all times to be an independent contractor and is wholly responsible for the manner in which it performs the services and work requested by City under this Agreement. Contractor, its agents, and employees will not represent or hold themselves out to be employees of the City at any time. Contractor or any agent or employee of Contractor shall not have employee status with City, not be entitled to participate in any plans, arrangements, or distributions by City pertaining to or in connection with any retirement, health or other benefits that City may offer its employees. Contractor or any agent or employee of Contractor is liable for the acts and omissions of itself, its employees, and its agents. Contractor shall be responsible for all obligations and payments, whether imposed by federal, state, or local laws, including, but not limited to, FICA, income tax withholdings, unemployment compensation, insurance, and other similar responsibilities related to Contractor’s performing services and work, or any agent or employee of Contractor providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between City and Contractor or any agent or employee of Contractor. Any terms in this Agreement referring to direction from City shall be construed as providing for direction as to policy and the result of Contractor’s work only, and not as to the means by which such a result is obtained. City does not retain the right to control the means or the method by which Contractor performs work under this Agreement.
C. Hold Harmless
TSA shall hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Contractor’s performance or nonperformance of the services or subject matter called for in this Agreement.
D. Insurance & Bonding
The Contractor shall maintain insurance coverage as contained herein and as further detailed in “Exhibit A” of this agreement.
1. Commercial General Liability
a. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. A general aggregate limit shall apply separately to this project/location and shall be twice the required occurrence limit, as contained in “Exhibit A” herein. Contractor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, volunteers, and agents shall be additional insureds under such policies. b. Any failure to comply with reporting provisions of the policies by Contractor shall not affect coverage provided the City.
c. Coverage shall state that Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
d. Coverage shall contain a waiver of subrogation in favor of the City.
2. Business Automobile Liability
a. Contractor shall provide auto liability coverage, when applicable, for owned, nonowned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident.
3. Workers’ Compensation and Employers’ Liability
a. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, officials, agents, employees, and volunteers.
4. All Coverages
a. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium.
b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
c. Evidence of Insurance - Prior to commencement of work, the Contractor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Contractor must agree to provide complete, certified copies of all required insurance policies if requested by the City.
d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher.
E. Amendments
The City or Contractor may propose an amendment to this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the City Council. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Contractor from its obligations under this Agreement.
The City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the City and TSA.
IX. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
X. SECTION HEADINGS AND SUBHEADINGS
The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
XI. WAIVER
The City’s failure to act with respect to a breach by the Contractor does not waive its right to act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
XII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the City and the Contractor for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the Contractor with respect to this Agreement.
Date: ____________
IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above.
City of San Joaquin The Salvation Army, a California Corporation By: By:
Elizabeth Cabrera, City Manager Major Darren Norton, Divisional Commander Attest
Matthew Flood, City Clerk
EXHIBIT “A” INSURANCE REQUIREMENTS
CONTRACTOR AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT
OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF AVII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE
REQUIREMENTS, AS SPECIFIED, BELOW
Workers’ Compensation General Liability Auto Liability
Statutory
Employer’s Liability $1,000,000
$2,000,000 per occurrence
$4,000,000
general aggregate
$2,000,000
Combined Single Limit
CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN
FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT
AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT
ONLY SUBCONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND
PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS.
STAFF REPORT TO COUNCIL
December 18, 2024
TO: Mayor and Council
FROM: Elizabeth Cabrera, City Manager
SUBJECT: Authorizing the use of American Rescue Plan Act Funds for Fiscal Year 2025-2026 and 2026-2027 for qualifying activities.
Recommendation
Approve Resolution 2024-45 Authorizing the use of American Rescue Plan Act Funds for Fiscal Year 2025-2026 and 2026-2027 for qualifying activities.
Executive Summary
City staff is bringing forth a resolution that are related the closing out of American Rescue Plan Act Funds.
Resolution 2024-45 is to approve expenditures from the CLFRF (also known as the SLFRF or ARPA Funds) for an extension to the agreement with the Salvation Army to purchase food items and serving accessories needed to operate a community program similar to previous ones in which they hand out food and meals, as well as any other expenses that were budgeted to use ARPA funds in the annual budgets. The City received $961,909 in these funds and has allocated or expended the majority of it, with less than $172,000 remaining. This amount may decrease as previous year’s Financial Statements are reconciled.
The Department of the Treasury has required the City to obligate remaining American Rescue Plan Act Funds by December 31, 2024, to be expended by December 31, 2026. The City has resolutions in place for previous years before Fiscal Year 2025-2026, so this resolution only covers 2025-2026 and 2026-2027.
ARPA funds for the years 2025-2027 will be used to offset costs that may have been expensed to other accounts, but are qualifying expenses for ARPA purposes. This will alleviate the cost to our main accounts (General, Water, and Sewer), as well as help the City allocate and spend the money by the quickly approaching deadlines.
28 RESOLUTION NO. 2024-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN
AUTHORIZING THE USE OF AMERICAN RESCUE PLAN ACT FUNDS FOR FISCAL YEARS 2025-2026 AND 2026-2027 FOR QUALIFYING ACTIVITIES
THE CITY COUNCIL OF THE CITY OF SAN JOAQUIN DOES
RESOLVE AS FOLLOWS:
WHEREAS, The American Rescue Plan Act (ARPA) provides $350 billion for eligible state, local, territorial, and Tribal governments to mitigate the fiscal effects of the COVID-19 emergency; and
WHEREAS, ARPA established the Coronavirus State Fiscal Recovery Fund (CLFRF) for state allocations; and
WHEREAS, CLFRF provides flexibility for each government to meet local needs detailed in federal guidance; and
WHEREAS, States, counties, and cities will receive their allocations directly from the U.S. Treasury and the State is required to disburse allocations to the 291 small cities or non-entitlement units of local government (NEU); and
WHEREAS, The allocations are based on each city or town’s share of the eligible population (using date provided by Treasury base on 2019 U.S. Census data); and WHEREAS, The City of San Joaquin allocation must be obligated by December 31, 2024 and expended by December 31, 2026; and
WHEREAS, Current eligible usages are (1) Respond to the COVID-19 public health emergency and support various activities to decrease the spread of the virus (2) Address negative economic impacts caused by the public health emergency (3) Replace lost public sector revenue due to the pandemic (4) Provide premium pay to eligible workers or grants to eligible employers of essential workers (5) Invest in water, sewer, and broadband infrastructure (6) Emergency Relief from natural disasters and their economic impacts (7) Surface transportation projects (8) Title I Projects [those generally associated with eligible activities under CDBG]; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Joaquin as follows:
29 1. The City Council authorizes the use of American Rescue Plan Act funds for Fiscal Year 2025-2026 for eligible usages and expenses occurring in that year and Fiscal Year 2026-2027 for eligible usages and expenses occurring in that year in the amount not to exceed the current remaining balance of approximately $172,000; and
2. The City Council authorizes the use of American Rescue Plan Act funds for Fiscal Year 2026-27 for eligible usages in the amount not to exceed the current remaining balance of the $172,000, including for the extension to the agreement with the Salvation Army to purchase food items and serving accessories needed to operate Community Programs consistent with their mission and the needs of San Joaquin.
3. The City Council authorizes the use of the American Rescue Plan Act funds for Fiscal 2025-2026 and 2026-2027 for the eligible uses and expenses occurring in that year for auditing expenses.
4. This resolution is effective upon adoption.
The foregoing resolution was adopted at a regular meeting of the City Council of the City of San Joaquin the 18th day of December, 2024 and passed at said meeting the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adam Flores-Cornejo, Mayor
ATTEST:
_______________________________
Matt Flood, City Clerk
30