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HomeMy WebLinkAboutStaff Report 287-05ATTACH1vffiNT A AMENDMENT NO. ONE TO AGREEMENT NO. S05~07858 BETWEEN THE CITY OF PALO ALTO AND PROJECT SENTINEL, INC. This Amendment No. One to Agreement No. S05107858 ("Agreement") is entered into , by and between the CITY OF PALO ALTO ("CITY"), and PROJECT SENTINEL, INC., a corporation duly organized and existing under the Nonprofit Corporation Law of the State of California ("Subrecipient"). R E CIT A L S: WHEREAS, the Agreement was entered into between the parties for the administration of a fair housing program. WHEREAS I the parties wish to amend the Agreement to extend the term of an additional fiscal year; and WHEREAS, the parties wish to increase the amount of funding by Twenty~Six Thousand Eight Hundred Dollars ($26,800) in administer the fair housing program for an additional fiscal year; NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the parties agree: SECTION 1. Section 1 entitled "Term" is hereby amended to read as follows: "SECTION 1. TERM. 1.1 Time of Performance. Services of the Subrecipient shall commence on July 1, 2004 and terminate on June 30, 2006. The term of this agreement and the provisions herein shall be extended to cover any . addi tional time period during which the Subrecipient remains in control of Funds or other assets including program income." SECTION 2. Section 3 entitled "Payment" is hereby amended to read as follows: "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- Six Thousand Eight Hundred Dollars ($26,800) in each fiscal year, or a total of $53,600. Drawdowns for the payment of eligible expenses shall be made against the 1 050615 syn 0120045 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. Payment will be based on a per unit basis of $625 per unduplicated individual case and $265 per unduplicatedindividual consultation and other individual unit costs· for community education and outreach as described in Exhibit C, not to exceed $26,800. Subrecipient shall submit reimbursement requests based on the Unit Cost Rate Schedule in Exhibit C. Unit costs shall not exceed the amount specified in Exhibit C. Reimbursement requests must have sufficient documentation of services. 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-110 Standards. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance with the standards specified in OMB Circular A-llO, Attachment F." SECTION 3. The following exhibits to the Agreement are hereby amended to read as set forth in the attachments to this Amendment, which are incorporated in full by this reference: a. Exhibit "A" entitled "2004-2005 Project Sentinel Scope of Services b. Exhibit "B" entitled "Project Sentinel 2004/2005 and 2005/2006 Contract Budget" SECTION 4. Except as herein modified, all other provisions of the Agreement, including any exhibits and subsequent amendments thereto, shall remain in full force and effect. II II II II II II II 2 050615 syn 0120045 // IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Amendment on the date first above written. APPROVED AS TO FORM: Sr. Deputy City Attorney APPROVED: Director of Administrative Services Attachments: CITY OF PALO ALTO Assistant City Manag~r PROJECT SENTINEL, INC. By: __________________________ _ Name: ________________________ ___ Title: ________________________ __ By: __________________________ _ Name: ________________________ ___ Title: ________________________ __ Taxpayer Identification No. 77-0266612 EXHIBIT "A": 2004-2005 AND 2005/2006 PROJECT SENTINEL SCOPE OF SERVICES EXHIBIT "B": 050615 syn 0120045 .PROJECT SENTINEL 2004/2005 AND 2005/2006 CONTRACT BUDGET 3 EXHIBIT A PROJECT SENTINEL 2004-2005 and 2005-06 SCOPE OF SERVICES SERVICES: SUbrecipient shall provide investigation, counseling and legal referrals for victims of housing discriminationj community education and outreach regarding fair housing law and practicesj and analyses for City staff and officials regarding fair housing practices. Subrecipient shall carry out each of the following tasks and goals in fiscal year 2004-05 and also in fiscal year 2005-06. TASKS AND GOALS: TASK 1. Community Education and Outreach GOAL 1. Provide educational seminars and training workshops. Give them wide publicity and make available at times and in locations convenient to the proposed audience. A. Conduct no fewer than one (1) fair housing workshop in Palo Alto for an audience of owners, landlords/property managers and staff of rental housing and real estate and lending professionals. B. Staff informational table/booth and make presentations at housing fair or other events, as requested. (1 at Tri-County Apartment Association Trade Show) GOAL 2. Educate potential renters and buyers regarding their rights under fair housing laws. A. Conduct four (4) fair housing presentations to community groups, church groups, service agencies, businesses, schools, tenants or others in the City of Palo Alto. B. Develop, update and distribute fair housing informational brochures in public areas throughout the City. Translate educational literature as appropriate for the North Santa Clara County Page 1 of 6 AGREEME:t\TT NO. S l2 2'1 &' 7 [S-~ BETWEEN THE CITY OF PALO ALTO AND PROJECT SENTINEL. ATTACHMENT B FOR 2004-2005 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Thi s Agreement No. So> 10, tilt i s entered into :::r VI [~1 ' 2004 by and between the CITY OF PALO ALTO, a chartered ci y and a municipal corporation of the State of California ' ("City"), and PROJECT SENTINEL, 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 a~sist 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 1. TERM 1.1 Time of Performance. Services of the Subrecipient shall commence on July 1, 2004 and terminate on June 30, 2005, with an optional one year renewal based on the Subrecipientsatisfactory perf6rmance. 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 Fair Housing Program (" Program"), as more fully described in Exhibit "A", in a manner satisfactory to the Ci ty and consistent with any and all standards required as a condition of providing these Funds. Such Program will include the acti vi ties and administrative. support eligible under the CDBG Program ("Services"), as more fully described in Exhibit "An which is incorporated herein by reference and made a part of this agreement. 1 040524 syn 8250064 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 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". 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 Twenty-Six Thou9and Eight Hundred Dollars ($26,800). 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. Payment will be bas'ed on a per unit basis of $ 625 per unduplicatedindividual case and $265 per unduplicated individual consultation and other individual unit costs for community education and outreach as described in Exhibit C, not to exCeed $26,800. Subrecipient shall submit reimbursement requests based on the Unit Cost Rate Schedule in Exhibit C. Uni t costs shali not 'exceed the amount specified in Exhibit C. Reimbursement requests must have sufficient documentation of services. Expenses for general administration shall also be paid against the line item budgets specified in Exhibit ~~", which is incorporated herein by reference and made a part of this Agreement, and in accordance with the Subrecipient's performance. 3.2 A-110 Standards. Payments may be contingent upon certification of the Subrecipient's financial management system in accordance wi ththe standards specified in OMB Circular A-110, 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 2 040.~'4 """ R~'iOO"4 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 shail 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 information submitted by the Subrecipient and consistent with any approved_ budget and City policy concerning payments. Wi th 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 a-ccordance 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 Subrec;:ipient 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 maybe 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~110, Procurement ~tandards, and shall subsequently follow Attachment N of OMB Circular A-II0, Property Management Standards, as modified by 24 CFR 470.502(b) (6) covering utilization and disposal of property. 8 I'IIAI\t"I"\A __ C)"U,"t\I\L"A 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 eFR Part 570.601 and 602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assist~nce provided under this Agreement, the Subrecipient shall cause or requiie a.co~enant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined,' in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the 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 wi t.h 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 theCi ty' 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 fift~-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 10 nAn~"'A ____ n ... ~nnrA advising the labor organization or worker's representative of its commitments under this "Section 3/1 clause and shall post copies of the notice in conspicuous places available employees and applicants for employment or training. c. 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 finan~ial 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 wa,y 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 th~ Subrecipient hereunder. These conflict of interest provis ions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the City, or of any de.signated public agencies or subrecipients which are receiving Funds under the CDBG Program. 14 b.. . If any funds other than Federat 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 Statidard Form-LLL, "Disclosure Form to R~port Lobbying," in accordance with its instructions; c. It will require that the language of paragraph (d) of this ceriification be iricluded 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. L'obbying 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 isa prerequisite for m~king ·or entering into this transaction imposed by section 1352, Title 31, u.s. Code. Any person who fails to file the required certificatioh shall be subj ect to a civil penalty of not less than $10,000 and not more than $100,000 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). 16 040524 svn 8250064 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, et seq.; Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seg." as amended, 1318 relat,ing to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 3D8, and all regulatioris 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 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 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, et al. 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, Advis'ory Council on Historic Preservation Procedures fQr 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 10. 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. II II II 17 flAI\('''A ,. ...... O')Cf\I)t;:A offices and pediatrician offices. Distribute no fewer than 703 brochures throughout the City. C. Staff table/booth at Abilities Expo, at a minimum, and at least two (2) community events in the City. GOAL 3. Inform the public of fair housing services and resources utilizing local media. A. Coordinate activities to celebrate Fair Housing Month in the City, incorporating programming on the City's community cable channel. Organize an event for Fair Housing Month in the City, separate from Goal 2.C above which specifies that at least two community even,ts be held in the City. Present event plan to City staff no later t~an February 2005. B. Prepare news releases and public service ads (for both print and radio/TV media) 'in languages appropriate to the area. Distribute the information to obtain the broadest possible coverage. Provide copies of PSAs to City staff. Provide no fewer than seven (7) news releases and PSAs per year in the City. C. Advertise quarterly in the ~Palo Alto Weekly", "India Currents", ~BayArea Parent" and add agency to "Living Well: A Resource Guide for Active Adults 50 J and Over". Provide City staff with proof of publication. , D. Update and maintain a simple Internet website in English that each City's website could link to for fair housing information. In addition, website should provide a link to the City's CDBG website. E. Provide individual e-mails for each staff person. TASK 2. Advocacy and Investigation. GOAL 1. Receive, evaluate and process claims at the most efficient level possible. Provide information and referral Bervices. Include the use of a dedicated phone line (ideally the same number for the three cities,recognizing that there are two area codes) to Page 2 of8 the services of Task 2. Provide semi-annual reports on the activities and estimated impacts of Tasks 1 and 2. GOAL 2. Collaborate with fair housing attorneys in the area. A. Maintain liaison with cooperating attorneys. B. Conduct quarterly meetings of fair housing lawyer referral panel and! attend other meeting's pertaining to fair housing lawyers as needed. GOAL 3. Work with the City's staff to assess and develop programs to respond to the sub-region's fair housing needs and accomplish the goals in the City's AI. A. Available for meetings and consultations with City staff. B. Provide staff with information and analysis of State and Federal fair housing legislation. C. Represent the City at Bay Area and regional meetings about fair housing, the Working Group on Predatory Lending and any new Santa Clara County (SeC) initiatives resulting from the new Office. of Affordable Housing or the SCC Fair Housing Study. Represent the City and participate in Countywide Fair Housing Task Force. Attend national or state meetings related to fair housing ,if they are held wit~in the Bay Area. Report information from these meetings to City staff as appropriate. D. Review and Comment dn "Analysis of Imp'ediments to Fair Housing" documents and Consolidated Plan as requested. Provide any and all necessary data as requested by the City for the Consolidated Plan. ~rovidethe City with database of fair housing cases on a monthly basis. E. Provide technical assistance to City staff regarding fair housing issues and assist with reasonable data collection and tabulation needs for reporting Page 4 of8 EXHIBIT IIBII PROJECT SENTINEL 2004/2005 CONTRACT BUDGET Revenue Description 2004/2005 Proposed Budget REVENUE City of Palo Alto (Fair Housing) $26,800 Other City/County/State/Federal $1,207,862 United Way $8,000 Fees for Service -0- Contributions -0- Other (Training revenues, other $21,000 income) TOTAL REVENUE $1,263,662 EXPENSES Salaries/Benefits/ $906,250 Payroll tax Operating Costs 186,612 Direct Services (Tester expenses) 15,000 Rent/Office Maintenance 105,000 Printing and Publications 50,800 TOTAL EXPENSES $1,263,662 Page 6 of8 Contract Budget CDBG Funds $26,800 $26,800 21,296 2,203 609 1,255 1,437 $26,800