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HomeMy WebLinkAbout2005-01-24 City Council (5)EXHIBIT "A" ECONOMIC AND SOCIAL OPPORTUNITIES, INC., HOUSING AND ENERGY SERVICES PROGRAM SCOPE OF SERVICES Economic and Social Opportunities, Inc., is a community-based nonprofit agency providing a number of services in Santa Clara County. The agency has five divisions, which include: Refugee and Immigrant Women's Resource Center, Housing and Energy Services, Family Health Services,· Children's Services Division, and South County Services. The agency's programs operate primarily from its main facility at 1445 Oakland Road in San Jose. This project consists of assisting a minimum of 26 low-income Palo Alto households. Priority will be given to very low-income households, households that include seniors and/or young children, and female headed households. Accessibility, home safety and energy efficiency improvement services will be available to all income eligible households; home repair services will be limited to income eligible, owner-occupied homes. The major tasks that Economic and Social Opportunities, Inc. will perform in connection with the project include, but are not limited to, the following: 1. Apply for City required permits and/or variances based on proposed modifications to existing housing units. 2. Provide outreach, eligibility confirmation, home assessments, work order preparation, work order implementation, inspection follow-up, and report preparation. 3. Work to be performed under this grant shall be specific to the needs of the residents of the home. In general, services will include construction and installation of wheelchair ramps and modified steps, safety-rails and other assistive equipment; minor plumbing, electrical and carpentry repairs; weather stripping, caulking, insulation, and other energy efficiency improvements; and the repair/replacement of selected appliances (e.g., water heaters, furnaces, etc.). 1 050113 syn 8250120 NOW, THEREFORE, in consideration of the covenants, terms, conditions', and provisions set forth in this Agreement, the parties agree: SECTION 1,., TERM 1.1 Time of Performance. This Agreement shall commence on the day above written and terminate 'on June 30, 2005. The term of' this agreement and the provisions herein shall be extended to cover any additional time period during which the Contractor remains in control of Funds or other assets including program income. SECTION 2. SCOPE OF SERVICE 2.1 accessibility minimum of ("Froj ect") , incorporated agreement. Activities. Contractor shall operate a home and energy efficiency improvement program at a 13 sites throughout the city of Palo Al to as more fully described in Exhibit "A" which, is herein by reference and made a part of this 2.2 Provision of Funds. The City will grant C9ntractor the sum, of money not to exceed Thirty Thousand Dollars ($30,000) drawn from its CDBG funds for the operation of a home accessibility and energy efficiency improvement program. Payments shall be made to Contractor only for costs incurred on or after the effective date of this Agreement. City shall make funds available to Contractor on the following basis: (1) City has reviewed and approved the contract for the rehabilitation work; and (2) Contractor has provided Ci ty wi th a copy of the actual' invoic~(s) for' work done and performed in accordance 'with this Agreement; (3)' Froj ect is in compliance with all Federal, State and City Rules and Regulations. 2.3 Performance Monitoring. The City will monitor the performance of the Contractor 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 Contractor within a reasonable period of time after being notified by the City, contract suspension or termination procedures will be initiated. 040819 syn 8250089 2 properties purchased, improved or sold. Properties retained shall c()ntinue to meet eligibility cri teriq. 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 Contractor 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 benefiting low and moderate income persons, as defined in 24 CFR Section 570.208. 7.2 .. 7 Close-Outs. The Contractor'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 CDBGProgram 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 Audi tsand Inspections. All of. the Contractor'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 . busin?ss hours, as often as the Ci ty or grantor agency deems necessary, to audit, examine, an~ make excerpts or transcripts of. all relevant data. Any deficiencies noted in audit reports must· be fully cleared by the Contractor within 30 days after receipt by the Contractor. Failure of the Contractor to comply with the above audit requirements. will constitute a violation of this Agreement and may result in the withholding of future payments. The Contractor agrees to have an annual agency audit conducted in accordance with current City policy concerning the Contractor' s audits, and as applicable, OMB Circular A-133. 7.3 Procedures Concerning Reporting and Pa~~ents. 7.3.1 .Budgets. The Contractor shall submit a detailed budget of a fcirm 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 Contractor 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 Contractor shall comply with the requirements set forth at 24 CFR Section 570.504. By way of further limitations, the 040819 syn 8250089 8 provision of this Section 8.2 is not required to establish and maintain such eligibility, that provision shall be waived by Ci ty. If Contractor believes any provision of this Section 8.2 "should be waived under this Section 8.2.1, Contractor shall provide notice to City in writing, identifying the provision for which a wai ve"r is sought and the legal basis for the waiver. City shall respond to the request"for waiver within thirty days after notice is received~ 8.2.2 Approved Plan. The Contractor agrees that it shall be committed to carry out pursuant to th~ 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 Contractor to assist in the formulation of such program. The Contractor shall "submit a plan for an affirmative action program for approval prior to the award of Funds. 8.2.3 Women and Minority Business Enterprises. The Contractor" will use" its best efforts to afford minority and women;-owned business enterprises the maximum practicable opportuni ty 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-Am~ricans, and American Indians. The Contractor may rely on written representations by "businesses regarding their status "as minority and femalE: business enterprises in liem of an independent investigation. 8.2.4 Access to Records. The Contractor shall furnish and cause each of its contractors or subcontractors 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. 8.2.5 Notifications. The Contractor 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 represeritati ve of the Contractor's corruni tm~nts hereunder ,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 040819 syn 8250089 12 040819 syn 8250089 8.3.3 "Section 3 n Clause. a. 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 feder.al financial assistance provided under .this· Agreement and binding upon the City, the contractor and any contractor or subcontractor. Failure to fulfill these requirements shall subject the City, the Contractor and any ,Contractor or subcontrac,tor, their successors and assigns, to those sanctions specified by the agreement through which federal 'assistance is provided. The Contractor certifies and agrees that no contractual or other .disabili ty exists which would . prevent compliance with these requirements. The Contractor further agrees to comply with these "Section 3 n 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 subj ect to the \ requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12U . .s.C. 1701. "Section 3 n requires that to the greatest exte9t 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 opportuni ties for low and very low income pers.ons residing in the metropoli tan area in which the project is located." The Contractor 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) , 14 EXHIBIT \\.A" SCOPE OF· SERVICES -continued Prevailing Wage and Federal Labor Standards Economic and Social Opportunities, Inc., its contractors and subcontractors shall comply with the Federal Davis-Bacon Act Prevailing Wage requirements including inserting the applicable wage decision into the bid documents, and all contracts awarded under this Agreement. Economic and Social Opportunities, Inc., the selected Contractor and any subcontractorss will participate in a pre-construction conference with City to review . Davis- Bacon compliance requirements, includin~ reporting and monitoring. Timeline: The project will attempt to adhere to the following timetable: June 15, 2004 July 1, 2004 July 1, 2004 June 30, 2005. 040819 syn 8250089 Meeting with City Staff to review project s~ecifications . City Contract signed Start of construction Work completed 2