HomeMy WebLinkAbout1996-06-17 City Council (51)TO:
FROM:
RUDGET 1996-98
City
City of Palo Alto
Manager’s Report
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: Planning and
Community Environment
AGENDA DATE:
SUBJECT:
JUNE 17, 1996 CMR:300:96
USE OF COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS -- APPROVAL OF FISCAL YEAR 1996-97
AGREEMENTS WITH PALO ALTO HOUSING
CORPORATION FOR THE PROVISION OF AFFORDABLE
HOUSING SERVICES AND WITH URBAN MINISTRY OF
PALO ALTO FOR SERVICES FOR THE HOMELESS
REQUEST
Council action is requested to approve the attached agreements with the Palo Alto Housing
Corporation (PAHC) for $29,300 for the provision of affordable housing services and with
Urban Ministry of Palo Alto (UMPA) for $58,000 for,the provision of services for the
homeless.
RECOMMENDATIONS
Staff recommends that the City Council approve and authorize the Mayor to execute the
attached agreements between the City of Palo Alto and the Palo Alto Housing Corporation
and between the City.ofPalo Alto and the Urban Ministry of Palo Alto for fiscal year 1996-
1997.
BACKGROUND
On May 6, 1996, the City Council approved funding resolution number 7584 approving
the use of Community Development Block Grant (CDBG) funds for fiscal year 1996-1997.
The resolution allocated $29,300 for the Palo Alto Housing Corporation’s affordable
housing information and referral services for affordable housing options, a supportive
counseling program for the Barker Hotel tenants, and an update of the affordable housing
directory. The amount of $58,000 was allocated to the Urban Ministry of Palo Alto for
the provision of basic support services to homeless individuals, including the provision of
emergency food and a rotating church shelter program.
CMR:300:96 Page 1 of 3
POLICY IMPLICATIONS
The attached agreements do not represent any changes to existing City policy.
DISCUSSION
The attached Agreement with the Palo Alto Housing Corporation contains only the CDBG-
funded portion of the services provided to the City by PAHC. A separate agreement, which
provides funding from the Housing Reserve to pay for PAHC’s administrative costs to
manage the City’s Below Market Rate (BMR) Program, has been prepared.
The CDBG Citizens Advisory Committee recommended that the disbursement of funds to
UMPA be conditioned upon the reforms and limitations outlined in the Committee’s letter
of March 7, 1996. The Agreement with UMPA incorporates the restrictions contained in the
letter into Exhibit "A", Scope of Services, and Exhibit "B", Contract Budget.
FISCAL IMPACT
Expenditures under the CDBG Program will be reimbursed from federal funds through the
U.S. Department of Housing and Urban Development.
ENVIRONMENTAL ASSESSMENT
For purposes of the California Environmental Quality Act (CEQA), the activities covered by
these agreements are classified as categorically exempt. For purposes of the National
Environmental Policy Act (NEPA), the activities are classified as exempt.
ATTACHMENTS
1. Agreement with the Palo Alto Housing Corporation for housing services and the
Barker Hotel Tenant Counseling Program.
2.Agreement with Urban Ministry of Palo Alto for the provision of services for the
homeless.
PREPARED BY: . Suzanne Richards
DEPARTMENT HEAD REVIEW:
KENNETH R. SCHREIBER
Director of Planning and
Community Environment
CMR:300:96 Page 2 of 3
CITY MANAGER APPROVAL:
FLEMING
City Manager
CC:Palo Alto Housing Corporation
Urban Ministry of Palo Alto
CDBG Citizens Advisory Committee
CMR:300:96 Page 3 of 3
AGREEMENT NO.
BETWEEN THE CITY OF PALO ALTO AND
PALO ALTO HOUSING CORPORATION
FOR 1996-1997 COMMUNITY DEVELOPMENT BLOCK GRANT’FUNDS
This Agreement No.is entered into ,
1996, by and between the CITY OF PAL0 ALTO, a chartered city and a
municipal corporation of the State of California ("City"), and PALO
ALTO HOUSING CORPORATION, a corporation duly organized and existing
under the Nonprofit Corporation Law of the State of California
("Subrecipient").
RECITALS:
WHEREAS, the City has applied for and received funds
("Funds") from the Government of the United States under Title I of
the Housing and Community Development Act of 1974; and
WHEREAS, the City, as a grantee under the Community
Development Block Grant program ("CDBG Program"), wishes to-~engage
the Subrecipient to assist the City in utilizing such Funds;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and provisions set forth in this Agreement, the parties
agree:
SECTION i. TERM
I.I Time of Performance. Services of the Subrecipient
shall commence on July i, 1996 and terminate on June 30, 1997. The
term of this agreement and the provisions herein shall be extendedto cover any additional time period during which the Subrecipient
remains in control of Funds or other assets including program
income.
SECTION 2. SCOPE OF SERVICE
2.1 Activities. The Subrecipient shall be responsible
for administering affordable housing services ("Program"), as more
fully described in Exhibit "~’, in a manner satisfactory to the City
and consistent with any and all standards required as a condition
of providing these Funds. Such Program will include the activities
and administrative support eligible under the CDBG Program
("Services"), as more fully described in Exhibit "A" which is
incorporated herein by reference and made a part of this agreement.
2.2 Levels of Accomplishment. In addition to the normal
administrative services required as part of this Agreement, the
Subrecipient agrees to provide the levels of Services as more fully
described in Exhibit "A".
2.3 Performance Monitoring. The City will monitor the
performance of the Subrecipient against goals and performance
960604 syn 0070987
1
standards required herein. Substandard performance as determined
by the City will constitute non-compliance 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 City, contract suspension or termination procedures
will be initiated.
SECTION 3. PAYMENT
3.1 city Payment. The Subrecipient expressly agrees and
understands that the total amount to be paid by the City under this
Agreement shall not exceed Twenty-Nine Thousand Three Hundred
Dollars ($29,300). Drawdowns for the payment of eligible expenses
shall be made against the line item budgets specified in
Exhibit "B", which is incorporated herein by reference and made a
part of this agreement, and in accordance with the Subrecipient’s
performance. Expenses for general administration shall also be
paid against the line item budgets specified in Exhibit "B", which
is incorporated herein by reference and made a part of this
Agreement, and in accordance with the Subrecipient’s performance.
3.2 A-f10 Standards. Payments may be contingent upon
certification of the Subrecipient’s financial management system in
accordance with the standards specified in OMB Circular A-If0,
Attachment F.
SECTION 4. NOTICES
4.1 Communications. All notices, correspondence, and.
other communications concerning this Agreement shall be directed to
the parties’ duly authorized representatives at the addresses set
forth below or at any other addresses as may be noticed, in
writing:
CITY City of Palo Alto
Department of Planning &
Community Environment
250 Hamilton Avenue
Palo Alto, CA 94301
Attn: CDBG Coordinator
SUBRECIPIENT Palo Alto Housing Corporation
540 Cowper Street, Suite 201
Palo Alto, CA 94301
SECTION 5. SPECIAL CONDITIONS
5.1 Compliance with Federal Regulations.The
Subrecipient agrees to comply with the requirements of the Housing
and Urban Development regulations concerning Community Development
Block Grants. (24 CFR Part 570) and all federal regulations and
policies issued pursuant to these Regulations. The Subrecipient
further agrees to utilize Funds available under this Agreement to
supplement rather than supplant Funds otherwise available°
960604 syn 0070927
further agrees to utilize Funds available under this Agreement to
supplement rather than supplant Funds otherwise available.
5.2. National Objectives. The Subrecipient certifies
that the activities carried out with funds provided under this
Agreement will meet the CDBG Program’s National Objective of
benefitting low/moderate income persons as defined in 24 CFR, Part
570.208.
5.3 The City’s payment of funds under the CDBG Program
is contingent upon the City receiving the intended appropriation
from the U.S. Department of Housing and Urban Development (HUD).
SECTION 6. GENERAL CONDITIONS
6.1 General Compliance. The Subrecipient agrees to
comply with all applicable federal, state, county, and municipal
laws, ordinances, resolutions, rules, policies, and regulations
("Laws") governing the Funds provided under this Agreement.
6.2 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 and 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 City 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.
6.3 Hold Harmless. The Subrecipient shall hold
harmless, defend and indemnify the City 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.
6.4 Insurance and Bonding. The Subrecipient, at its
sole cost and expense, shall obtain and maintain during the term of
this Agreement, insuranGe as more fully described in Exhibit C
which is incorporated herein by reference and made a part of this
Agreement~ The Subrecipient shall comply with the bonding and
insurance requirements of Attachment B of OMB Circular A-f10,
Bonding and Insurance.
6.5 Grantor Recognition° The Subrecipient shall ensure
recognition of the role of the grantor agency 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.
6.6 Amendments. The parties may amend this Agreement at
any time provided that such amendments make specific reference to
this Agreement, and are executed in writing, and signed by their
960528 syn 0070987
3
duly authorized representatives° Such amendments shall not
invalidate this Agreement, nor relieve or release any party from
its obligations under this Agreement. ~At any time during the term
of .this Agreement, the City, in its discretion, may amend this
Agreement to conform with~ federal, state or local governmental
guidelines, policies and available funding amounts, or for any
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 the parties.
6.7 Suspension or Termination.
6.7.1 Either party may terminate this Agreement at
any time by giving written notice to the other party of such
termination and specifying the effective date thereof at least 30
days before the effective date of such termination. Partial
termination of the scope of Services described in Exhibit "~’ may
only be undertaken with the prior approval of the City. In the
event of any termination for convenience, all finished or
unfinished documents, data, studies, surveys, maps, ..models,
photographs, reports or other material prepared by the Subrecipient
under this Agreement shall at the option of the City become the
property of the City, and the Subrecipient shall be entitled, to
receive just and equitable compensation for any satisfactory work
completed on such documents or materials prior to the termination.
6.7.2 The City may also suspend or terminate this
Agreement, in whole or in part, if the Subrecipient materially
fails to comply with any covenant, term, condition, or provision of
this Agreement, or with any of the rules, regulations or provision
referred to herein; and the City may declare the Subrecipient
ineligible for any further participation in City contracts, in
addition to other remedies as provided by Law. In the event there
is probable cause to believe the Subrecipient is in noncompliance
with any applicable rules or regulations, the City may withhold up
to fifteen percent (15%) of the Funds until such time as the
Subrecipient .is found t~ be. in compliance by the City, or is
otherwise adjudicated to be in compliance.
-SECTION 7.ADMINISTRATIVE REQUIREMENTS
7.1 Financial Management.
7.1.1 Accounting Standards. The Subrecipient agrees to
comply with Attachment F of OMB Circular A-If0 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.
7.1.2 Cost Principles. The Subrecipient shall
administer its program in conformance with OMB Circulars A-122,
"Cost Principles for Non-Profit Organizations," or A-21, "Cost
Principles for Educational Institutions," as applicable. These
960528 syn 0070987
~4
principles shall be applied for all costs incurred whether charged
on a direct or indirect basis.
7.2 Documentation and Record-Keeping.
7.2.1 Records to be M~intained. The Subrecipient shall
maintain all records required by the federal regulations specified
in 24 CFR Section 570.506, and that are pertinent to the activities
to be funded under this Agreement. Such records shall include, but
not limited to:
Records providing a full description of each
activity undertaken;
Records demonstrating that each activity
undertaken meets a National Objective of the
CDBG Program;
Records required to determine the eligibility
of activities;
Records required to document the acquisition,
improvement, use or disposition of real
property acquired or improved with CDBG
assistance;
Records documenting compliance with the fair
housing and equal opportunity component of the
CDBG Program;
Financial records as required by 24 CFR
Section 570.502, and OMB Circular A-II0; and
Other records necessary to document compliance
with Subpart K of 24 CFR Part 570.
7.2.2 Retention. The Subrecipient shall retain all
records pertinent, to expenditures incurred under this Agreement for
a period of three (3) years after the termination of all activities
funded under this Agreement, or after the resolution of all federal
audit findings, whichever occurs later. Records for non-expendable
property acquired with Funds under this Agreement shall be retained
for three (3) years after final disposition of such property.
Records for any displaced person must be kept for three (3) years
after he or she has received final payment. 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 three-year period, then such
records must be retained until completion of the actions and
resolution of all issues, or the expiration of the three-year
period, whichever occurs later.
7.2°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,
960528 syn 0070987
5
address, income level or other basis for determining eligibility,
and description of service provided. Such information shall be
made available to the City’s monitors or their designees for review
upon request.
7.2.4 Disclosure. The Subrecipient understands, that
client information .c~llected under this Agreement is private and
the use or disclosure of such information, when not directly
connected with the administration ot the City’s or the
Subrecipient’s responsibilities with respect to Services provided
under this Agreement,. is prohibited by the laws of the State of
California, unless written consent is obtained from such person
receiving the service and, in the case of a minor, that of a
responsible parent or guardian.
.7.2.5 Property Records. The Subrecipient shall maintain
real property inventory records which clearly identify properties
purchased, improved or sold. Properties retained shall continue to
meet eligibility criteria and shall conform with the "changes in
use" restrictions specified in 24 CFR Section 570.503(b) (8), as
applicable. .~.~
7.2.6 National Objectives. The Subrecipient agrees to
maintain documentation that demonstrates that the activities
carried out with Funds provided under this Agreement meet the CDBG
Program’s national objective of benefitting low and moderate income
persons, as defined in 24 CFR Section 570.208.
7.2.7 Close-Outs. The Subrecipient’s obligation to the
City 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 CDBG Program assets
(including the return of all unused materials, equipment, unspent
cash advances, program income balances, and receivable accounts to
the City), and determining the. custodianship of records.
7.2.8 Audits and Inspections. All of the Subrecipient’s
records with respect to any matters covered by this Agreement shall
be made available to the City, grantor agency, their designees or
the Government of the United States, at any time during normal
business -hours, as often as the City or grantor agency deems
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 Subrecipiento Failure of the Subrecipient to comply with the
above audit requirements will constitute a violation of this
Agreement and may result in the withholding of future payments.
The Subrecipient agrees to have an annual agency audit conducted
in accordance with current City policy concerning the Subrecipient’s
audits, and as applicable, OMB Circular A-133o
7.3 Procedures Concerning Reporting and Payments.
7.3.1 Budgets° The Subrecipient shall submit a detailed
budget of a form and content prescribed by the City for its
960528 syn 0070987
approval. The parties may agree to revise the budget from time to
time in accordance with existing City policies.
7.3.2 Program Income. Subrecipient must accurately
account for any program income generated from the use of CDBG
funds, as defined under 24 Code of Federal Regulations Section
570.500, as amended, and report the income to CITY and HUD in
accordance with 24 Code of Federal Regulations Part 570, the "CDBG
Final Rule" Such program income shall be returned to CITY in
accordance w~th 24 Code of Federal Regulations Section 570.504(c),
as amended.
7.3.3 Indirect Costs. If indirect costs are charged,
the Subrecipient shall develop an indirect cost allocation plan in
accordance with OMB Circular A-122, and subject to City review and
approval.
7.3.4 Payment Procedures. The City will pay to the
Subrecipient Funds available under this Agreement based upon
information submitted by the Subrecipient and consistent with any
approved budget and City 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
actual cash requirements. Payments will be adjusted by the City in
accordance with advance fund and program income balances available
in the Subrecipient accounts. In addition, the City reserves the
right to liquidate Funds available under this Agreement for costs
incurred by the City on behalf of the Subrecipient.
7.3.5 Progress Reports. The Subrecipient shall submit
semi-annual progress reports to the City in the form and content
required by the City. Reports are due for the periods ending
December 31 and June 30 within fifteen (15) days following the end
of each period.
7.4 Procurement.
7.4.~i Compliance. The Subrecipient shall comply with
current City policy concerning the purchase of equipment and shall
maintain inventory records of all non-expendable personal property
as defined by such policy as may be procured with Funds provided~
herein. All program assets, including, without limitation,
unexpended program income, property, and equipment, shall revert to
the City upon termination of this Agreement.
7.4.2 OMB Standards. The Subrecipient shall procure
materials in accordance with the requirements of Attachment 0 of
OMB Circular A-If0, Procurement Standards, and shall subsequently
follow Attachment N of OMB Circular A-If0, Property Management
Standards, as modified by 24 CFR 470.502(b) (6) covering utilization
and disposal of property.
7°4.3 Travel.. The Subrecipient shall obtain written
approval from the City for any travel outside the metropolitan area
with Funds provided under this Agreement.
960528 syn 0070987
7
7.4.4 Relocation. The Subrecipient agrees to comply
with (a) the Uniform" Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended (URA), and
implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b);
(b) the requirements of 24 CFR 570.606(c) governing the Residential
Antidisplacement and Relocat.ion Assistance Plan under section
104(d) of the HCD Act; and (c) the requirements in CFR 570.606(d)
governing optional relocation policies. The Subrecipient shall
provide relocation assistance to persons (families, individuals,
businesses, nonprofit organizations and farms) that are displaced
as a direct result of acquisition, rehabilitation, demolition or
conversion for a CDBG-assisted project. The Subrecipient also~
agrees to comply with applicable City ordinances, resolutions and
policies concerning the displacement of persons from their
residences.
SECTION 8. PERSONNEL AND PARTICIPANT CONDITIONS
8.1 Civil Rights.
8.1.1 Compliance. The Subrecipient agrees to comply
with all federal, state, and local laws, including, without
limitation,~ 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 and
12086.
8.1.2 Nondiscrimination. The Subrecipient will not
discriminate against any employee or applicant for employment
because of race, color, creed, religion, ancestry, national origin,
sex, disability, or other handicap, age, marital status, family
status, or status with regard to public assistance. The
Subrecipient will take affirmative action to ensure that all
employment practices are free from such discrimination.. Such
employment practices include, but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
The Subrecipient agrees to ppst in conspicuous places, available to
employees and applicants for employment, notices to be provided by
the contracting agency setting forth the provision of this
nondiscrimination clause.
8.1.3 Land Covenants. This Agreement is subject to the
requirements of Title VI of the Civil Rights Act of 1964, as
amended, and 24 CFR Part 570.601 and 602. In regard to the sale,
lease, or other transfer of land acquired, cleared or improved with
assistance provided under this Agreement, 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
960528 syn 0070987
occupancy of such land, or in any improvements erected or to be
erected thereon, providing that the City and the United States are
beneficiaries of and entitled to enforce such covenants. The
Subrecipient, in undertaking its obligation to carry out the CDBG
Program assisted hereunder, agrees to take such measures as are
necessary to enforce such covenant, and will not itself so
discriminate.
8.1.4 Section 504. The Subrecipient agrees to comply
with any federal regulations issued pursuant to and in compliance
with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706),
as amended, which prohibits discrimination against the disabled in
any federally assisted program. The City shall provide the
Subrecipient with any guidelines necessary for compliance with that
portion of the regulations in force during the term of this
Agreement.
8.2 Affirmative Action.
8.2.1 Approved Plan. The Subrecipient agrees that it
shall be committed to carry out pursuant to the -.City’s
specifications an affirmative action program in keeping with the
principles as provided in Executive Order 11246 (September 24,
1965). The City 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.
8.2.2’ Women and Minority Business Enterprises. The
Subrecipient will use its best efforts to afford minority and
women-owned business enterprises the maximum practicable
opportunity participate in the performance of this Agreement. As
used in this Agreement, the term "minority and female business
enterprise" means a business at least fifty-one percent (51%) owned
and controlled by minority group members or women. For the purpose
of this definition, "minority group members" are Afro-Americans,
Spanish-speaking, Spanish surname 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.
8.2.3 Access to Records. The Subrecipient shall furnish
and cause each of its sub-subrecipients to furnish all information
and reports required hereunder and will permit access to its books,
records and accounts by the City, HUD or its agent, o5 other
authorized federal officials for purposes of investigation to
ascertain compliance with rules, regulations and provisions stated
herein.
8.2.4 Notifications. The Subrecipient will send to.each
labor union or representative of workers with which~it may have 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
960528 syn 0070987
9
Subrecipient’s commitments hereunder, and shall post copies of the
notice in conspicuous places available to employees and applicants
for employment.
8°2.5 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°
8.2.6 Subcontract Provisions. The Subrecipient will
include the provisions of Sections 8.1 and 8.2 in every subcontract
or purchase order, specifically or by reference, so that such
provisions will be binding upon each sub-subrecipient or vendor.
8°3 Employment Restrictions.
8.3.1 Prohibited Activity° The Subrecipient is
prohibited from using Funds provided herein or personnel employed
in the administration of the CDBG Program for political activities,
sectarian or religious activities, or lobbying, political
patronage, and nepotism activities.
8.3.2 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, the Safety Standards Act, the Copeland "Anti-
Kickback" Act (40 U.S.C. 276a-276a-5; 40 U.S.C. 327 and 40 U.S.C.
276c and all other applicable Laws pertaining to labor standards
insofar as those acts apply to the performance Of this Agreement.
The Subrecipient shall maintain documentation which demonstrates
compliance with the hour and age requirements of this part. Such
documentation.shall be made available to the City 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 for construction, renovation or repair of any
building or work financed, in whole or in part, with assistance
provided under this Agreement, shall comply with the federal
requirements adopted by the City pertaining to such contracts and
with the applicable requirements of the regulations of the
Department of Labor, under 29 CFR Parts i, 3, 5 and 7 governing
the payment of wages and ratio of apprentices and trainees to
journeymen; provided, that if wage rates higher than those required
under the regulations are imposed by state or local laws, 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.
960528 syn 00709~7
I0
8.3.3 "Section 3" Clause.
Compliance with the provisions of "Section 3"
regulations set forth in 24 CFR Part 135, and
all applicable rules and orders issued
hereunder prior to the execution of this
Agreement, shall be a condition of the federal
financial assistance provided under this
Agreement and binding upon the City, the
Subrecipient and any sub-subrecipient.
Failure to fulfill these requirements shall
subject the City, the Subrecipient and any
subosubrecipients, 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 which would prevent compliance with
these requirements.
The Subrecipient furtheragrees 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 contracts
for 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
960528 syn 0070987
11
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 are given to
business concerns that provide economic
opportunities for 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
business concerns which provide economic
opportunities to low and very low income
residents within the service area of 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
which would prevent compliance with -~hese
requirements.
Do The Subrecipient agrees to send to each labor
organization or representative of workers with
which it has a collective .agreement or other.
contract or understanding, if any, a notice
advising the 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
employees and applicants for employment or
training.
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 sub-subrecipient is in
violation of regulations issued by the grantor
agency. The Subrecipient will not subcontract
with any sub-subrecipient 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
sub-subrecipient has first provided it with a
preliminary statement of ability to comply
with the requirements of these regulations.
8°4 Conduct°
8.4.1 Assignability. The Subrecipient shall not assign
or transfer any interest in this Agreement without the prior
written consent of the City; provided, however, that claims for
money due or to become due to the Subrecipient from the City under
this ~Agreement may be assigned to a bank, trust company, or other
960528 syn 0070987
12
financial institution without such approval. Notice of any such
assignment or transfer shall be furnished promptly to the City.
8.4.2 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 5 of the United
States Code.
8.4.3 Conflict of Interest. The Subrecipient agrees to
abide by the provisions of 24 CFR Section 570.611 with respect to
conflicts of interest, and covenants that it presently has no
financial interest and shall not acquire any financial interest,
direct or indirect, which would conflict in any manner or degree
with the performance of Services required under this Agreement.
The Subrecipient further covenants that in the performance of this
Agreement, no person having such a financial interest shall be
employed or retained by the Subrecipient hereunder. These
conflict of interest provis±ons apply to any person who is an
employee, agent, consultant~ officer, or elected official or
appointed official of the City, or of any designated public
agencies or subrecipients which are receiving Funds under the CDBG
Program.
8.4.4 Subcontracts.
The Subrecipient shall not enter into any
subcontracts with any agency or individual in
the performance of this Agreement without the
written consent of the City prior to the
execution of such subcontracts..
The Subrecipient will monitor all subcontract
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.
do
The Subrecipient shall cause all of the
provisions of this Agreement in its entirety
to be included in and made a part of any
subcontract executed in the performance of
this Agreement.
The Subrecipient shall undertake to ensure
that all subcontracts let in the performance
of this Agreement shall be awarded on a fair
and open competition basis. Executed copies
of all subcontracts shall be forwarded to the
City along with documentation concerning the
selection process.
960528 syn 0070997
13
8.4.5 Lobbying.
The Subrecipient hereby certifies that:
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;
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;
Co It will require that the language of paragraph
(d) of this certification be included in the
aware 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; and
d.Lobbying Certification - Paragraph d
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. Code. Any person
who fails to file the required certification
shall be subject to a civil penalty of not
less than $I0,000 and not more than $i00,000
for each such failure.
8.4.6 Copyrights. If this Agreement results in any
copyrightable material, the City or grantor agency, or both,
960528 syn 0070987
14
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 for government purposes.
8.4.7 Religious Organizations. The Subrecipient agrees
that Funds provided under this Agreement will not be utilized for
religious activities, to promote religious interests, or for the
benefit of a religious organization in accordance with the federal
regulations specified in 24 CFR Section 570.200(j).
SECTION 9 ENVIRONMENTAL CONDITIONS
9.1 Air and Water. The Subrecipient agrees to comply
with the following regulations insofar as they apply to the
performance of this Agreement: Clean Air Act, 42 U.S.C. 74.01, e__t
s_~.q.; 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; U.S. Environmental Protection
Agency regulations pursuant to 40 CFR Part 50, as amended. ..
9.2 Flood Disaster Protection. In accordance with the
requirements ofthe Flood Disaster Protection Act of 1973 (42 USC
4001), the Subrecipient shall assure that for activities located in
an area identified by 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).
9.3 Lead-Based Paint. The Subrecipient agrees that any
construction or rehabilitation of residential structures with
assistance provided under this Agreement shall be subject to HI!D
Lead-Based Paint Regulations at 24 CF~ Section 570.608, and 24 CFR
Part 35. Such regulations pertain to all HUD-assisted housing and
require that all owners, prospective owners, and tenants or
properties constructed prior to 1978 be properly noticed 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 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.
9.4 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
960528 syn 0070987
15
or that are included ,on a federal, state, or local historic
property list.
SECTION I0. 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.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the date first written above.
CITY OF PALO ALTO PALO ALTO HOUSING CORPORATION
Mayor
ATTEST:
By :
Title:
Fed. I.D.#
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Director of Planning and
Community Environment
Deputy City Manager,
Administrative Services
Risk Manager
Attachments:EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
SCOPE OF SERVICES
BUDGET
INSURANCE REQUIREMENTS
960528 syn 0070987
16
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF CALIFORNIA )
)
COUNTY OF SANTA CLARA)
On°--~.__ \? \~k~ , before me, the undersigned, a
notary public in and" for said County, personally appeared
personally known to me ~or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/ her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
960528 syn 0070987
17
EXHIBIT "A"
PALO ALTO HOUSING CORPORATION, INC.
AFFORDABLE HOUSING SERVICES
1996/97 SCOPE OF SERVICES
SJT, I~I.C.a~ Palo Alto Housing Corporation (PAHC) shall bc responsible for providing
housing related services which assist low and very low income persons in accessing and/or
retaining decent, safe and affordable housing. Funding from the 1997 CDBG Program will be
used for the following activities: 1) to provide information and referral regarding affordable or
subsidized housing units or programs in Palo Alto or surrounding communities; 2) to update
and reprint the affordable housing directory; and 3) for the provision of a supportive
counseling program for low income tenants in the Barker Hotel single room occupancy (SRO)
housing program.
Subrecipient will administer all tasks in the provision of the aforementioned public services in
compliance with all applicable federal, state and local rules and regulations governing these
funds, and in a manner satisfactory to the City. Changes in the scope of services, budget or
method of compensation contained in this Agreement, unless otherwise noted, may only be
made through a written amendment, executed by the Subrecipient and City.
The major tasks which the Subrecipient will perform in connection With the provision of the
eligible housing and counseling services, and the maximum funding available under each
category, are as follows:
Activity. #1 - Information and Referral $18.700
PAHC anticipates providing approximately 2000 persons with information and counseling
relating to local affordable housing and housing services. The majority of questions and
requests for information will be addressed over the phone, but a limited number of walk-in
clients are also expected to request assistance.
4.
5.
6.
7.
The subrecipient shall provide information and referral services during their regular
businegs hours, Monday through Friday from 8:00 a.m. to 5:00 p.m. except holidays.
The subrecipient shall maintain a phone listing in the telephone directory Government
section under City of Palo Alto - Affordable Housing.
Subrecipient staff will be provided with information and adequate training in order to
provide clientele with appropriate housing information.
Informational handouts will be updated as needed to reflect current information.
When appropriate, available information will be mailed to callers to assist in their
housing search.
The subrecipient shall conduct outreach to other public service agencies to maintain up-
to-date information to disseminate to clientele.
The subrecipeint will provide counseling and support services to lower income tenants
of PAHC properties who need assistance with special difficulties or extraordinary
circumstances in order to maintain their housing situation.
Subrecipient will record and maintain logs for housing assistance calls, and provide
statistical information on ethnicity and income levels of the clientele served, and other
reasonable information which may be required by Grantee or HUD.
Activity #2 - Housing Directory_ $2.000
Subrecipient will reprint a minimum of 2,000 copies of the Directory of Housing
Services and Subsidized Rental Housing in Palo Alto.
Suprecipient will distribute the Housing Directory at various locations throughout Palo
Alto including City Libraries, City Hall, and other appropriate public service agencies.
Activity_ #3 - Barker Hotel Counseling $8.600
The Subrecipient will provide on-site tenant counseling services to the low income residents of
the Barker Hotel. The Barker is a Single Room Occupancy (SRO) hotel located at 439
Emerson Street in Palo Alto, and is owned by an affiliate of PAHC, and managed by PAHC.
Tenants are often formerly homeless, or have a disability, and have not had experience in
stable housing.
The subrecipient will provide on-site counseling, casework management and other
supportive and social services for the Barker Hotel tenants who wish to participate in
the program.
The subrecipient will coordinate and cooperate with the caseworkers and counselors at
the Urban Ministry of Palo Alto as appropriate to meet the needs of tenants or future
tenants.
Subrecipient shall provide a room in the Barker Hotel for the provision of counseling
services.
The subrecipient will provide an average minimum of four hours of casework
management and tenant counseling per week.
SEMI-ANNUAL REPORTS: Subrecipient shall provide semi-annual activity reports relating
to this Scope of Services for the periods ending December 31, 1996 and June 30, 1997, within
fifteen (15) days after these dates. Each report shall cover the preceding six (6) month period,
and other such information as the City may request. The final report shall focus on the
preceding six (6) months, but also provide information on contract services for the entire year.
Each report shall be prepared int he form agreed upon by the City and Subrecipient.
EXHIBIT "B"
PALO ALTO HOUSING CORPORATION
1996/97 BUDGET AND METHOD OF COMPENSATION
With the submission of original bills with proper support documentation for the services
described in Exhibit "A", PAHC may bill the City quarterly for the charges identified below,
up to a maximum of $29,300. The funds available under each activity category identified in
Exhibit "A" are as follows: Information and Referral, $18,700; Housing Directory $2,000;
Barker Hotel Counseling $8,600. Funds budgeted within activity areas are estimates, and may
be adjusted for good cause with the prior wri..*ten consent of the City.
Funds will be used to reimburse for:
°
Staff salaries for time spent on Information and Referral services, the updating of the
Housing Directory, and administration of the Barker Hotel Counseling Program. Staff
salaries will be billed at approved hourly rates including direct salaries, payroll taxes,
benefits, workers compensation and an indirect cost rate for overhead expenses..:.
Hourly billing rates will reflect the most recently approved indirect cost allocation plan
in effect at the time of billing. If necessary, an adjustment will be made with the
billing for the last quarter of the fiscal year, if the actual indirect cost rate for the year
has been modified by a more recent audit.
Direct Costs, as supported by receipts, invoices, etc., for administration of the
activities in Exhibit "A", such as:
Audit costs
Office Supplies
Postage
Printing/Duplicating
Advertising
Telephone
Conferences and Training
Outside Contractors (Services)
Other necessary direct expenses
With each quarterly billing, the Subrecipient shall submit a report describing its
activities during the period, including, but not limited to:
Number of I & R calls and visitors received
Number of tenants counseled for extraordinary circumstances
Trainings attended/outreach/networking efforts
Directories printed/distributed
Number of counseling sessions completed at the Barker Hotel
Number of unduplicated persons counseled at the Barker Hotel
EXHIBIT "C"
INSURANCE REQUIREMENTS
The policy or policies of insurance maintained by Subreeipient shall provide the following limits
and coverages:
POLICY MINIMUM LIMITS OF LIABILITY
Worker’s Compensation
Comprehensive Automobile Liability
(including owned, hired, and non-owned
automobiles)
Statutory
$1,000,000 Bodily Injury ea. person
$1,000,000 Bodily Injury ca. occurrence
$1,000,000 Property Damage ea. occurrence
Comprehensive General Liability
(including products and completed
operations, broad form contractual,
and personal injury.
$1,000,000 Bodily Injury ca. person,
$1,000,000 Bodily Injury ca. occurrence
$1,000,000 Bodily Injury aggregate "
$1,000,000 Property Damage ea. occurrence
Any deductibles or self-insured retentions must be declared to and approved by the City. At the
option of the City either: the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials, employees and volunteers; or the
Subrecipient shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
Insurance shall be in full force and effect commencing on the first day of the term of this
Agreement. Each insurance policy required by this Agreement shall contain the following
clauses:
o
"This insurance shall not be suspended, voided, cancelled, reduced in coverage or
in limits except after thirty (30) days written notice has been given to the City by
certified mail, return receipt requested."
;’All rights of subrogation are hereby waived against the City and the members of
the City Council and elective or appointive officers or employees, when acting
within the scope of their employment or appointment."
"The City, its officers, officials, employees, agents and volunteers are to be
covered as insureds as respects: liability arising out of activities performed by or
on behalf of the Subrecipient; products and completed operations of the
Subrecipient; premises owned, occupied or used by the Subrecipient; or
automobiles owned, leased, hired or borrowed by the Subrecipient. The coverage
shall contain no special limitations on the scope of protection afforded to the City,
its officers, officials, employees, agents or volunteers."
4 "It is agreed that any insurance maintained by the City of Palo Alto will apply in
excess of, and not contribute to, insurance provided by the Subrecipient."
o "Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers."
o "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."
All insurance coverage required under this Agreement shall be provided through carriers with a
BEST rating of A:X or higher that are admitted to do business in the State of California. The
certificate(s) of insurance evidencing such coverage shall be completed and executed by an
authorized representative of the Company providing insurance, and shall be filed with and
approved by the City.
c:suz\insure.frm
AGREEMENT NO.
BETWEEN THE CITY OF PALO AL~O AND
URBAN MINISTRY OF PALO ALTO, INC.
FOR 1996-1997 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Agreement No.is entered into ,
1996, by and between the CITY OF PALO ALTO, a chartered city and a
municipal corporation of the State of California ("City’), and URBAN
MINISTRY OF PALO ALTO, INC., a corporation duly organized and
existing under the Nonprofit Corporation Law of the State of
California ("Subrecipient").
RECITALS:
WHEREAS, the City has applied for and received funds
("Funds") from the Government of the United States under Title I of
the Housing and Community Development Act of 1974; and
WHEREAS, the City, as a grantee under the Community
Development Block Grant program ("CDBG Program"), wishes to~ngage
the Subrecipient to assist the City in utilizing such Funds;
NOW, THEREFORE, in consideration of the covenants, terms,
conditions, and Provisions set forth in this Agreement, the parties
agree:
SECTION i. TERM
i.I Time of Performance. Services of the Subrecipient
shall commence on July i, 1996 and terminate on June 30, 1996. 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 Funds or other assets including program
income.
SECTION 2.SCOPE OF SERVICE
2..1 Activities.The Subrecipient shall be responsible
for administering a Homeless Services Program ("Program"), as more
fully described in Exhibit "~’, in a manner satisfactory to the City
and consistent with any and all standards required as a condition
of providing these Funds. Such Program will include the activities
and administrative support eligible under the CDBG Program
("Services"), as more fully described in Exhibit "A" which is
incorporated herein by reference and made a part of this agreement.
2.2 Levels of Accomplishment. In addition to the normal
administrative services required as part of this Agreement, the
Subrecipient agrees to provide the levels of Services as more fully
described in Exhibit "A".
960528 syn 0070986
1
2.3 Staffing. The staffing and other time commitments
to be allocated to each activity specified in Section 2.1 shall be
as fully described in Exhibit "A"o
2.4 Performance Monitoring° The City will monitor the
performance of the Subrecipient against goals and performance
standards required herein. Substandard performance as determined
by the City will constitute non-compliance 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 City, contract suspension or termination procedures
will be initiated.
SECTION 3.PAYMENT
3.1 City Payment. The Subrecipient expressly agrees and
understands that the total amount to be paid by the City under this
Agreement shall not exceed Fifty-Eight Thousand Dollars ($58,000).
Drawdowns for the payment of eligible expenses shall be made
against the line item budgets specified in Exhibit "B", which is
incorporated herein by reference and made a part of this agreement,
and in accordance with the Subrecipient’s performance. Subrecipient~
shall submit monthly requests for reimbursement under this
agreement no later than fifteen (15) days following the end of the
month. Requests for payment will include a copy of the financial
statement for the previous month.
3.2 A-If0 Standards. Payments may be contingent upon
certification of the Subrecipient’s financial management system in
accordance with the standards specified in OMB Circular A-If0,
Attachment F.
SECTION 4.NOTICES
4.1 Communications. All notices, correspondence, and
other communications concerning this Agreement shall be directed to
the parties’ duly. authorized representatives at the addresses set
forth below or at any other addresses as may be noticed, in
writing:
CITY City of Palo Alto
Department of Planning &
Community Environment
250 Hamilton Avenue
Palo Alto, CA 94301
Attn: CDBG Coordinator
SUBRECIPIENT Urban Ministry of
Palo Alto, Inc.
Attn: Executive Director
P.O° Box 213
Palo Alto, CA 94302
960528 syn 0070986
2
SECTION 5.SPECIAL CONDITIONS
5.1 Compliance with Federal Regulations.. The
Subrecipient agrees to comply with the requirements of the Housing
and Urban Development regulations concerning Community Development
Block Grants (24 CFR Part 570) and all federal regulations and
policies issued pursuant to these Regulations. The Subrecipient
further agreeg to utilize Funds available under this Agreement to
supplement rather than supplant Funds otherwise available.
5.2. National Objectives. The Subrecipient certifies
that the activities carried out with funds provided under this
Agreement will meet the CDBG Program’s National Objective of
benefitting low/moderate income persons as defined in 24 CFR, Part
570.208.
5.3 The City’s payment of funds under the CDBG Program
is contingent upon the City receiving the intended appropriation
from the U.S. Department of Housing and Urban Development (HUD).
5.4 The Subrecepient certifies that, in connection, with
the provision of the public services funded with CDBG funds:
ao It will not discriminate against any employee
or applicant for employment on the basis of
religion and will not limit employment or give
preference in employment to persons on the
basis of religion;
Do It will not discriminate against any person
applying for such public services on the basis
of religion and will not limit such services
or give preference to persons on the basis of
religion; and
It will provide no religious instruction or
counseling, conduct no religious worship or
services, engage in no religious
proselytizing, and exert no other religious
influence in the provision of such public
services.
SECTION 6.GENERAL CONDITIONS
6.1 General Compliance. The Subrecipient agrees to
comply with all applicable federal, state, county, and municipal
laws, ordinances, resolutions, rules, policies, and regulations
(°’Laws") governing the Funds provided under this Agreement°
6.2 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 and employee
between the parties. The Subrecipient shall at all times remain an
independent contractor with respect to the services to be performed
960529 syn 0070986
3
under this Agreement.. The City 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°
6.3 Hold Harmless. The Subrecipient shall hold
harmless, defend and indemnify the City 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.
6.4 Insurance and Bonding. The Subrecipient, at its
sole cost and expense, shall obtain and maintain during the term of
this Agreement, insurance as more fully described in Exhibit C
which is incorporated herein by reference and made a part of this
Agreement. The Subrecipient shall comply with the bonding and
insurance requirements-of Attachment B of OMB Circular A-II0,
Bonding and Insurance.
6.5 Grantor Recognition. The Subrecipient shall ensure
recognition of the role of the ~grantor agency 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.
6.6 Amendments. The parties may amend this Agreement at
any time provided that such amendments make specific reference to
this Agreement, and are executed in writing, and signed by their
duly authorized representativeS. Such amendments shall not
invalidate this Agreement, nor relieve or release any party from
its obligations under this Agreement. At any time during the term
of this Agreement, the City, in its discretion, may amend this
Agreement to conform with federal, state or local governmental
guidelines, policies and available funding amounts, or for any
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 the parties.
6°7 Suspension or Termination.
6.7.1 Either party may terminate this Agreement at
any time by giving written notice to the other party of such
termination and specifying the effective date thereof at least 30
days before the effective date of such termination. Partial
termination of the scope of Services described in Exhibit "A" may
only be undertaken with the prior approval of the City. In the
event of any termination for convenience, all finished or
unfinished documents, data, studies, surveys, maps, models,
photographs, reports or other material prepared by the Subrecipient
under this Agreement shall at the option of the City become the
property of the City, and the Subrecipient shall be entitled to
960528 syn 0070986
receive just and equitable compensation for any satisfactory work
completed on such documents or materials prior to the termination.
6°7.2 The City may also suspend or terminate this
Agreement, in whole or in part, if the Subrecipient materially
fails to comply with any covenant, term, condition, or provision of
this Agreement, or with any of the rules, regulations or provision
referred to herein; and the City may declare the Subrecipient
ineligible for any further participation in City contracts, in
addition to other remedies as provided by Law. In the event there
is probable cause to believe the Subrecipient is in noncompliance
with any applicable rules or regulations, the City may withhold up
to fifteen percent (15%) of the Funds until such time as the
Subrecipient is found to be in compliance by the City, or is
otherwise adjudicated to be in compliance.
SECTION 7. ADMINISTRATIVE REQUIREMENTS
7.1 Financial Management.
7.1.1 Accounting. Standards. The Subrecipient agrees to
comply with Attachment F of OMB Circular A-If0 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.
7.1.2 Cost Principles. The Subrecipient shall
administer its program in conformance with OMB Circulars A-122,
"Cost Principles for Non-Profit Organizations," or A-21, "Cost
Principles for Educational Institutions," as applicable. These
principles shall be applied for~all costs incurred whether charged
on a direct or indirect basis.
7.2 Documentation and Record-Keeping.
7.2.1 Records to be Maintained. The Subrecipient shall
maintain all records required by the federal regulations specified
in 24 CFR Section 570.506, and that are pertinent to the activities
to be funded under this Agreement. Such records shall include, but
not limited to:
ao Records providing a full description of each
activity undertaken;
Do Records demonstrating that each activity
undertaken meets a National Objective of the
CDBG Program;
Records required to determine the eligibility
of activities;
do Records required to document the acquisition,
improvement, use or disposition of real
property acquired or improved with CDBG
assistance;
960528 syn 0070986
5
Records documenting compliance with the fair
housing and equal opportunity component of the
CDBG Program;
Financial records as required by 24 CFR
Section 570.502, and OMB Circular A-f10; and
Other records necessary to document compliance
with Subpart K of 24 CFR Part 570°
7.2.2 Retention° The Subrecipient shall retain all
records pertinent to expenditures incurred under this Agreement for
a period of three (3) years after the termination of all activities
funded under this Agreement, or after the resolution of all federal
audit findings, whichever occurs later. Records for non-expendable
property acquired with Funds under this Agreement shall be retained
to three (3) years after final disposition of such property.
Records for any displaced person must be kept for three (3) years
after he or she has received final payment. 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 three-year period, then such
records must be retained until completion of the actions and
resolution of all issues, or the expiration of the three-year
period, whichever occurs later°
7°2.3 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 the City’s monitors or their designees for review
upon request.
7.2.4 Disclosure. The Subrecipient understands that
client information collected under this Agreement is private and
the use or disclosure of such information, when not directly
connected with the administration of the City’s or the
Subrecipient’s responsibilities with respect to Services provided
under this Agreement, is prohibited by the laws of the State of
California, unless written consent is obtained from such person
receiving the service and, in the case of a minor, that of a
responsible parent or guardian.
7.2.5 Property Records° The Subrecipient shall maintain
real property inventory records which clearly identify properties
purchased, improved or sold. Properties retained shall continue to
meet eligibility criteria and shall conform with the "changes in
use" restrictions specified in ~24 CFR Section 570o503(b) (8), as
applicable.
7.2.6 National Objectives. The Subrecipient agrees to
maintain documentation that demonstrates that the activities
carried out with Funds provided under this Agreement meet the CDBG
960528 syn 0070986
Program’s national objective of benefitting low and moderate income
persons, as defined in 24 CFR Section 570.208°
7.2.7 Close-Outso The Subrecipient’s obligation to the
City 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 CDBG Program assets
(including the return of all unused materials, equipment, unspent
cash advances, program income balances, and receivable accounts to
the City), and determining the custodianship of records.
7.2.8 Audits and~Inspections. All of the Subrecipient’s
records with respect to any matters covered by this Agreement shall
be made available to the City, grantor agency, their designees or
the Government of the United States, at any time during normal
business hours, as often as the City or grantor agency deems
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
Agreement and may result in the withholding of future payments.
The Subrecipient agrees to have an annual agency audit conducted
in accordance with current City policy concerning the Subrecipient’s
audits, and as applicable, OMB Circular A-133.
7.3 Procedures Concerning Reporting and Payments.
7.3.1 Budgets. The Subrecipient shall submit a detailed
budget of a form and content prescribed by the City for its
approval. The parties may agree to revise the budget from time to
time in accordance with existing City policies.
7.3.2 Program Income. The Subrecipient shall report on
a monthly basis all program income, as defined at 24 CFR Section
570.500(a), generated by activities carried out with the Funds made
available under this Agreement. The use of program income by the
SubreciPient shall comply with the requirements set forth at 24 CFR
Section 570.504. By way of further limitations, the Subrecipient
may use such program income during the term of this Agreement for
activities permitted under this Agreement and shall reduce requests
for additional Funds by the amount of any such program income
balances on hand. All unused program income shall be returned to
the City at the end of the term of this Agreement. Any interest
earned on cash advances from the United States Treasury is not
Program Income and shall be remitted promptly to the City.
7.3.3 Indirect Costs. If indirect costs are charged,
the Subrecipient shall develop an indirect cost allocation plan for
determining the appropriate City share of administrative costs and
shall submit such plan to the City for approval, in a form
specified by the City.
7°3°4 Payment Procedures. The City will pay to the
Subrecipient Funds available under this Agreement based upon
960528 syn 0070986
7
information submitted by the Subrecipient and consistent with any
approved budget and City policy concerning payments. With the
exception of certain advances, payments will be made for eligible
expenses actually incurred by the Subrecipient, and not tQ exceed
actual cash requirements. Payments will be adjusted by the City in
accordance with advance fund and program income balances available
in the Subrecipient accounts. In addition, the City reserves the
right to liquidate Funds available under this Agreement for costs
incurred by the City on behalf of the Subrecipient.
7.3.5 Progress Reports. The Subrecipient shall submit
semi-annual progress reports to the City in the form and content
required by the City. Reports are due for the periods ending
December 31 and June 30 within fifteen (15) days following the end
of each period.
7.4 Procurement.
7.4.1 Compliance. The Subrecipient shall comply with
current City policy concerning the purchase of equipment and shall
maintain inventory records of all non-expendable personal prQperty
as defined by such policy as may be procured with Funds provided
herein. All program assets, including, without limitation,°
unexpended program income, property, and equipment, shall revert to
the City upon termination of this Agreement.
7.4.2 OMB Standards~ The. Subrecipient shall procure
materials in accordance with the requirements of Attachment 0 of
OMB Circular A-If0, Procurement Standards~ and shall subsequently
follow Attachment N of OMB Circular A-If0, Property Management
Standards, as modified by 24 CFR 470.502(b)(6)covering utilization
and disposal of property.
7.4.3 Travel. The Subrecipient shall obtain written
approval from the City for any travel outside the metropolitan area
with Funds provided under this Agreement.
7.4..4 Relocation. The Subrecipient agrees to comply
with (a) the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970,. as amended (URA), and
implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b);
(b) the requirements of 24 CFR 570.606(c) governing the Residential
Antidisplacement and Relocation Assistance Plan under section
104(d) of the HCD Act; and (c) the requirements in CFR 570.606(d)
governing optional relocation policies. The Subrecipient shall
provide relocation assistance to persons (families, individuals,
businesses, nonprofit organizations and farms) that are displaced
as a direct result of acquisition, rehabilitation, demolition or
conversion for a CDBG-assisted project. The Subrecipient also
agrees to comply with applicable City ordinances, resolutions and
policies concerning the displacement of persons from their
residences.
960528 syn 0070986
8
SECTION 8. PERSONNEL AND PARTICIPANT CONDITIONS
8.1 Civil Rights.
8.1.1 Compliance. The Subrecipient agrees to comply
with all federal, state, and local laws, including, without
limitation, 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 &mended by Executive Orders 11375 and
12086.
8.1.2 Nondiscrimination. The Subrecipient will not
discriminate against any employee or applicant for employment
because of race, color, creed, religion, ancestry, national origin,
sex, disability, or other handicap, age, marital status, family
status, or status with regard to public assistance. The
Subrecipient will take affirmative action to ensure that all
employment practices are free from such discrimination. Such
employment practices include, but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
The Subrecipient agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by
the contracting agency setting forth the provision of this
nondiscrimination clause.
8.1.3 Land Covenants. This Agreement is subject to the
requirements of Title VI of the Civil Rights Act of 1964, as
amended, and 24 CFR Part 570.601 and 602. In regard to the sale,
lease, or other transfer of land acquired, cleared or improved with
assistance provided under this Agreement, the Subrecipient shall
cause or require a covenant running with the land to be inserted in
the deed or le&se 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 City and the United States are
beneficiaries of and entitled to enforce such covenants. The
Subrecipient, in undertaking its obligation to carry out the CDBG
Program assisted hereunder, agrees to take such measures as are
necessary to enforce such covenant, and will not itself so
discriminate.
8.1.4 Section 504. The Subrecipient agrees to comply
with any federal regulations issued pursuant to and in compliance
with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 706),
as amended, which prohibits discrimination against the disabled in
any federally assisted program. The City shall provide the
Subrecipient with any guidelines necessary for compliance with that
portion of the regulations in force during the term of this
Agreement.
960528 syn 0070986
8.2 Affirmative Action.
8.2.1 Approved Plan. The Subrecipient agrees that it
shall be committed to carry out pursuant to the City’s
specifications an affirmative action program in keeping with the
principles as provided in Executive Order 11246 (September 24,
1965). The City 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.
8.2.2 Women and Minority Business Enterprises. The
Subrecipient will Use its best efforts to afford minority and
women-owned business enterprises the maximum practicable
opportunity participate in the performance of this Agreement. As
used in this Agreement, the term "minority and female business
enterprise" means a business at least fifty-one percent (51%) owned
and controlled by minority group members or women. For the purpose
of this definition, "minority group members" are Afro-Americans,
Spanish-speaking, Spanish surname or Spanish-heritage Americans,
Asian-Americans, and American Indians. TheSubrecipient may rely
on written representations by businesses regarding their status as
minority and female business enterprises in lieu of an independent
investigation.
8.2.3 Access to Records. The Subrecipient shall furnish
and cause each of its sub-subrecipients to furnish all information
and reports required hereunder and will permit access to its books,
records and accounts by the City, HUD or its agent, or other
authorized federal officials for purposes of investigation to
ascertain compliance with rules, regulations and provisions stated
herein.
8.2.4 Notifications. The Subrecipient will send to each
labor union or representative of workers with which it may have 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.
8.2.5 EEO/AA Statement. The Subrecipient will, in all
solicitations or advertisements for employees placed by or on
behalf of the Subrecipient, state tha~ it is an Equal Opportunity
or Affirmative Action Employer.
8.2.6 Subcontract Provisions. The Subrecipient will
include the provisions of Sections 8.1 and 8.2 in every subcontract
or purchase order, specifically or by reference, so that such
provisions will be binding upon each sub-subrecipient or vendor.
960528 syn 0070986
I0
8.3 Employment Restrictions.
8.3.1 Prohibited Activity. The Subrecipient is
prohibited from using Funds provided herein or personnel employed
in the administration of the CDBG Program for political activities,
sectarian or religious activities, or lobbying, political
patronage, and nepotism activities.
8.3.2 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,.the Safety Standards Act, the Copeland "Anti-
Kickback" Act (40 U.S.C. 276a-276a-5; 40 U.S.C. 327 and 40 U.S.C.
276c and all other applicable Laws pertaining to labor standards
insofar as those acts apply to the performance of this Agreement.
The Subrecipient shall maintain documentation which demonstrates
compliance with the hour and age requirements of this part. Such
documentation shall be made available to the City for review upon
request.
The Subrecipient agreeS that, except with respect -t~ the
rehabilitation or construction of residential property containing
less than eight (8) units, all contractors engaged under contracts
in excess of $2,000 for construction, renovation or repair of any
building or work financed, in whole or in part, with assistance
provided under this Agreement, shall comply with the federal
requirements adopted by the City pertaining to such contracts and
with the applicable requirements of the regulations of the
Department of Labor, under 29 CFR Parts i, 3, 5 and 7 governing
the payment of wages and ratio of apprentices and trainees to
journeymen; provided, .that if wage rates higher than those.required
under the regulations are imposed by state or local laws, 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.
8.3.3 "Section 3" Clause.
Compliance with the provisions of "Section 3"
regulations set Zorth in 24 CFR Part 135, and
all applicable rules and orders issued
hereunder prior to the execution of this
Agreement, shall be a condition of the federal
financial assistance provided under this
Agreement and binding upon the City, the
Subrecipient and any sub-subrecipient.
Failure to fulfill these requirements shall
subject the City, the Subrecipient and any
sub-subrecipients, 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
960528 syn 0070986
11
exists which 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 perfor~Led 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 contracts
for 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 are given to
business concerns that provide economic
opportunities for 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
business concerns which provide economic
opportunities to low and very low income
residents within the service area of the
neighborhood in which the project is located,
and to low and very low income participants in
other HUD programs.
960528 syn 00709S6
12
The Subrecipient certifies and agrees that no
contractual or other legal incapacity exists
which would prevent compliance with these
requirements.
The Subrecipient agrees to send to each labor
organization or representative of workers with
which it has a collective agreement or other
contract or understanding, if any, a notice
advising the 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
employees and applicants for employment or
training.
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 sub-subrecipient is in
violation of regulations issued by thegrantor
agency. The Subrecipient will not subcontract
with any sub-subrecipient 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
sub-subrecipient has first provided it with a
preliminary statement of ability to comply
with the requirements of these regulations.
8.4 Conduct.
8.4.i Assignability. The Subrecipient shall not assign
or transfer any interest in this Agreement without the prior
written consent of the City; provided, however, that claims for
money due or to become due to the Subrecipient from the City under
this Agreement may be assigned to a bank, trust company, or other
financial inst±tution without such approval. Notice of any such
assignment or transfer shall be furnished promptly to the City.
°8.4.2 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 5 of the United
States Code°
8.4.3 Conflict of Interest. The Subrecipient agrees to
abide by.the provisions of 24 CFR Section 570o611 with respect to
conflicts of interest, and covenants that it presently has no
financial interest and shall not acquire any financial interest,
direct or indirect, which would conflict in any manner or degree
with the performance of Services required under this Agreement.
The Subrecipient further covenants that in the performance of this
Agreement, no person .having such a financial interest shall be
employed or retained by the Subrecipient here~ndero These
960528 syn 0070986
13
conflict of interest provisions apply to any person who is an
employee, agent, ~consultant, officer, or elected official or
appointed official of the City, or of any designated public
agencies or subrecipients which are receiving Funds under the CDBG
Program.
8.4.4 Subcontracts.
The Subrecipient shall not enter into any
subcontracts with any agency or individual in
the performance of this Agreement.without the
written consent of the City prior to the
execution of such subcontracts.
The Subrecipient will monitor all subcontract
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.-~. ~
The Subrecipient shall cause all of the
provisions of this Agreement in its entirety
to be included in and made a part of any
subcontract executed in the performance of
this Agreement.
de The Subrecipient shall undertake to ensure
that all subcontracts let in the performance
of this Agreement shall be awarded on a fair
and open competition basis. Executed copies
of all subcontracts shall be forwarded to the
City along with documentation concerning the
selection process.
8.4.5 Lobbying.
The Subrecipient hereby certifies that:
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;
960528 syn 0070986
14
.d.
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;
It will require that the language of paragraph
(d) of this certification be included in the
aware 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; and
Lobbyinq Certification - Paragraph d ...... ~
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. Code. Any person
who fails to file the required certification
shall be subject to a civil penalty of not
less than $i0,000 and not more than $I00,000
for each such failure.
8.4.6 Copyrights. If this Agreement results in any
copyrightable material, the City or grantor agency, or both,
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 for government purposes.
8.4.7 Religious Organizations. The Subrecipient agrees
that Funds provided under this Agreement will not be utilized for
religious activities, to promote religious interests, or for the
benefit of a religious organization in accordance with the federal
regulations specified in 24 CFR Section 570.200(j).
SECTION 9. ENVIRONMENTAL CONDITIONS
9.1 Air and Water. The Subrecipient agrees to comply
with the following regulations insofar as they apply to the
performance of this Agreement: Clean. Air Act, 42 U.S.C. 7401, e__%t
s_9_q.; Federal Water Pollution Control Act, as amended, 33 U.S.Co
1251, et Seqo, as amended, 1318 relating to inspection, monitoring,
entry, reports, and information, as well as other requirements
960528 syn 0070986
15
specified in said Section 114 and Section 308, and all regulations
and guidelines issued thereunder; UoSo Environmental Protection
Agency regulations pursuant to 40 CFR Part 50, as amended.
9.2 Flood Disaster Protection. In accordance with the
requirements of the Flood Disaster ~Protection Act of 1973 (42 USC
4001), the Subrecipient shall assure that for activities located in
an area identified by 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).
9.3 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 Section 570.608, and 24 CFR
Part 35. Such regulations pertain to all HUD-assisted housing and
require that all owners, prospective owners, and tenants or
.properties constructed prior to 1978 be properly noticed 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 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.
9°4 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 UoS.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.."
SECTION I0o 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.
960528 syn 0070986
16
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the date first written above.
CITY OF PALO ALTO
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
URBAN MINISTRY OF PALOALTO,
INC.
Fed. I.D.# 77-0034836
Senior Asst. City Attorney
APPROVED:
Assistant City Manager
Director of Planning and
Community Environment
Deputy City Manager,
Administrative Services
Risk Manager
Attachments:
EXHIBIT
EXHIBIT "B"
EXHIBIT "C"
1996-97 SCOPE OF SERVICES
1996-97 BUDGET AND METHOD OF
COMPENSATION
INSURANCE REQUIREMENTS
960528 syn 0070986
17
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code ~ 1189)
STATE OF CALIFORNIA )
)
COUNTY OF SANTA CLARA)
On ~ /~t ~q@~ , before me, the undersigned, a
notary publih#~in a~d for said County, personally appeared
to m~ (or proved to me on the basis of
s~atisfactor~ evidence) to be the person(~3 whose name(~ is/a)~e
subscribed to the w~q%in instrument, and acknowledged to me that
~she/t~4y executed the same in his/ b~r/th~r authorized
capacity(iR~), and that by his/h~/t~eir signature(~ on the
instrument the person(~, or the entity upon behalf of which the
person(~ acted, executed the instrument. - .... ~’
WITNESS my hand and official seal.
#1052881
.IC CALIFORN~AU_/~RA COU~TYExpires March 5, 1099
960528 syn 0070986
18
EXHIBIT "A"
URBAN MINISTRY OF PALO ALTO (UMPA)
SERVICES FOR THE HOMELESS
1996/1997 SCOPE OF SERVICES
SERVICES: Subrecipient shall be responsible-for providing basic services and emergency
assistance to eligible persons who are homeless, very low income, or "in crisis" for the period ’
July 1, 1996 through June 30, i997. Funding from the 1996 CDBG Program will be used for
the following activities:. 1) to provide assistance at the Drop-in Center located behind the Red
Cross Building at 400 Mitchell Lane in Palo Alto; 2) to administer the "Hotel deZink" rotating
church shelter program at various church locations throughout Palo Alto; 3) to provide
emergency sacks of food at the Food Closet located at All Saints Church, 425 Hamilton
Avenue, and to coordinate the provision of hot meals through the "Breaking Bread" program
at various locations in Palo Alto and surrounding communities. -
The subrecipient will administer all tasks in the provision of the aforementioned public
services in compliance with all applicable federal, state and local rules and regulations
governing these funds, and in a manner satisfactory to the Grantee. Changes in the scope of
services, budget or method of compensation contained in this Agreement, unless otherwise
noted, may only be made through a written amendment, executed by the Subrecipient and
City.
The major tasks which the Subrecipient will perform in connection with the provision of the
eligible homeless services activities include the following:
Activity. # 1 - Drop-In-Center
Agency anticipates serving between 60-75 persons each weekday at the Drop-In-Center by
providing the following basic services: coffee or tea and a light breakfast; counseling and
information and referral to other appropriate services and agencies; local telephone calls; toilet
facilities; distribution of bus passes; issuance of checks for DMV identification cards;
distribution of mail and messages; interviewing and registration of applicants for the Hotel
deZink shelter program, and the preparation of shelter intake forms; qualification of clients for
the South Palo Alto Food Closet; and other appropriate s~ervices.
The Drop In Center shall be open Monday through Friday (except Christmas Day, New
Year’s Day and Thanksgiving Day) between the hours of 7:30 a.m. and 11:30 a.m.
A minimum of two persons shall staff the Drop-In-Center, one of whom will be a
trained UMPA employee.
3.UMPA’s Executive Director or Acting Executive Director will coordinate and meet as
often as necessary, but at least twice a year, with representatives of the Red Cross and
MacArthur Park to assure that concerns relating to behaviors, cleanliness, and other
territorial/regulatory issues around the site are addressed.
4.Drop-In-Center staff and volunteers will be provided with adequate training and
information in order to provide clientele with appropriate and comprehensive
information and referral services. Informational handouts will be updated as needed to
provide current information.
5.Drop-In-Center staff and volunteers will coordinate and cooperate with Miramonte
Mental Health Services who provide mental health counselors to work with clients at
the Drop-in-Center site.
6.The Executive Director or his/her designee will coordinate and cooperate with the
Santa Clara County Homeless Coordinator’s Transit Program to remain eligible to
receive a monthly allocation of Santa Clara County Transit District bus passes for
distribution to eligible agency clientele. Bus passes will be distributed in accordance
with program requirements.
7.Agency staff will maintain a message and mail system for clients.
Activity. # 2 - Rotating Church Shelter Program - the Hotel deZink
Subrecipient will provide a year-round rotating emergency shelter program for homeless
persons by coordinating space with local churches. The "Hotel deZink" shelter will be
provided at a different church location each month according to a schedule worked out in
advance. Agency intends to provide a maximum of 5,475 bed nights by serving 13 - 15 guests
per night for each of the 365 days in the program year.
o
o
1
A minimum of one staff person will be present while the shelter is operational.
The Hotel deZink’s hours of operation are 9:00 p.m. to 7:00 a.m. every night of the
year, with a maximum number of 13 or 15 guests per night, depending on location..
UMPA will coordinate and communicate with the 12 participating area churches to
insure the smooth transition from one location to the next, and to make sure that issues
or concerns are addressed.
In addition to the shelter, UMPA staff will coordinate the provision of meals for the
shelter guests with the church community at each shelter location. The residents are
provided with a light breakfast, lunch supplies, and.an evening meal during their stay
in the shelter.
UMPA staff will screen and select all shelter guests based on individual circumstances.
Shelter guests are required to enter into a contract during their stay which obligates
them to follow a written set of rules, policies and procedures pertaining to appropriate
shelter behavior, and to take appropriate steps to improve their living situation.
UMPA staff will interview shelter residents on a weekly basis to ensure progress and
compliance with their individual contract obligations and goals and objectives.
In general, the maximum shelter stay is 90 days per person within a twelve month
period.
"v". -" _ Bread Program
Subrecipient will distribute approximately 20,000 sacks of food each year (approximately 90
sacks per day of operation) to persons in need through the downtown Food Closet at All Saints
Church. The hours of operation are 10:00 a.m. to 3:30 p.m. Monday through Friday, except
Christmas, New Years and Thanksgiving holidays. Through the Breaking Bread Program,
UMPA will coordinate the provision of a hot meal on a minimum of five different days each
week at various locations in Palo Alto and surrounding communities. The Breaking Bread
Program will serve approximately 15,000 rr:eals per year (approximately 60 meals per day of
operation)
o
o
Agency will maintain adequate records to insure that the policies relating to food
distribution from the Food Closet are followed. Food closet policies include sanitation
and food handling, as well as policies on participant income eligibility, and frequency
of use.
Persons in need will be given a maximum of two food sacks per week from-the’-Food
Closet..
UMPA staff will coordinate the purchase and distribution of food through the Food
Closet and the Breaking Bread Program. Donated food will be solicited and
incorporated into the food programs whenever possible.
UMPA staff will train and supervise volunteers to manage the food distribution
activities at the Food Closet, and coordinate with the volunteers at the Church sites for
the provision of the Breaking Bread Meal Program.
Agency will maintain written minimum standards of the type, quality and amount of
food (and/or appropriate substitutions) which can be expected to be provided in each
bag of food provided from the Food Closet.
Locations and times for the prepared meals in the Breaking Bread Program will be
printed and distributed to clients, other social service agencies, and be available at the
Drop-In-Center.
SEMI-ANNUAL REPORTS: Subrecipient shall provide semi-annual activity reports relating
to this Scope of Services for the periods ending December 31, 1996 and June 30, 1997, within
fifteen (15) da~,s after these dates. Each report shall cover the preceding six (6) month period,
and other such information as the Project Manager may request. The final report shall focus on
the preceding six (6) months, but also shall provide information on contract services for the
entire year. Each report shall be prepared in the form agreed upon by the City and
Subrecipient.
EXHIBIT "B"
URBAN MINISTRY OF PALO ALTO (UMPA)
1996/97 BUDGET AND METHOD OF COMPENSATION
With the submission of original monthly bills with proper support documentation for the
services described in Exhibit "A", the subrecipient will be reimbursed on a monthly basis for
the charges below. Aggregate monthly billings are limited to $4208 per month in addition to
reimbursement for the actual audit costs incurred, up to the $7500 maximum.
Drop-In-Center
Portable Toilet rental
DMV ID fees
Food, supplies
Program Manager salary
Monthly Annual
150 1,800
75 900
200 2,400
743 8,917
Budget Category
Direct Services
Direct Services
Direct Services
Salaries
Hotel deZink
Laundry service
Program Manager salary
30 360
743 8,917
Direct Services
Salaries
Food Closet & Breaking Bread
All Saints site rental
Cold storage rent
Dumpster fee
Fuel for food van
Program Manager salary
650 7,800
374 4,488
300 3,600
200 2,400
743 8,918
Rent
Direct Services
Auto/Tramportation
Salaries
Administrative Costs
Financial Audit Fee Audit
Total $4,208 $58,000
The following represents Urban Ministry’s entire anticipated budget for 1996/97 and the
amounts to be reimbursed by CDBG funds:
Expemes Total Project Contract Budget
~~CDBG funds
Salaries 291,900 26,752
Benefits 44,000
Payroll Taxes 20,000
Insurance 9,500
Audit 13,500 7,500
Rent 20,700 12,288
Utilities 8,300
Phone 8,500
Postage 12,200
Consultants, Staff Development 7,800
Travel/Transportation 4,400 2,400
Office Supplies 3,100
Equipment 4,200
Maintenance/Repair/Misc.6,800
Direct Services 50,500 9,060
Publications & Printing 10,100
.Total 515,500 58,000
EXHIBIT "C"
INSURANCE REQUIREMENTS
The policy or policies of insurance maintained by Subreeipient shall provide the following limits
and coverages:
POLICY MINIMUM LIMITS OF LIABILITY
Worker’s Compensation Statutory
Comprehensive Automobile Liability
(including owned, hired, and non-owned
automobiles)
$1,000,000
$1,000,000
$1,000,000
Bodily Injury ea. person
Bodily Injury ea. occurrence
Property Damage ea. occurrence
Comprehensive General Liability
(including products and completed
operations, broad form contractual,
and personal injury.
$1,000,000 Bodily Injury ca. person,
$1,000,000 Bodily Injury ca. occurrence
$1,000,000 Bodily Injury aggrega~
$1,000,000 Property Damage ea. occurrence
Any deductibles or self-insured retentions must be declared to and approved by the City. At the
option of the City either: the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials, employees and volunteers; or the
Subrecipient shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
Insurance shall be in full force and effect commencing on the first day of the term o~ this
Agreement. Each insurance policy required by this Agreement shall contain the following
clauses:
"This insurance shall not be suspended, voided, cancelled, reduced in coverage or
in limits except after thirty (30) days written notice has been given to the City by
certified mail, return receipt requested."
"All rights of subrogation are hereby waived against the City and the members of
the City Council and elective or appointive officers or employees, when acting
within the scope of their employment or appointment."
"The City, its officers, officials, employees, agents and volunteers are to be
covered as insureds as respects: liability arising out of activities performed by or
on behalf of the Subrecipient; products and completed operations of the
Subrecipient; premises owned, occupied or used by the Subrecipient; or
automobiles owned, leased, hired or borrowed by the Subrecipient. The coverage
shall contain no special limitations on the scope of protection afforded to the City,
its officers, officials, employees, agents or volunteers."
4 "It is agreed that any insurance maintained by the City of Palo Alto will apply in
excess of, and not contribute to, insurance provided by the Subrecipient."
o "Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers."
o "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."
All insurance coverage required under this Agreement shall be provided through carriers with a
BEST rating of A:X or higher that are admitted to do business in the State of California. The
certificate(s) of insurance evidencing such coverage shall be completed and executed by an
authorized representative of the Company providing insurance, and shall be filed with and
approved by the City.
c:suz\insure.frm