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HomeMy WebLinkAbout0303.092.... -, . -,.-, .. - ~, . . , " "'.. ,."' JUMe 19, 1992 HONORABLE CITV COUNCIL Palo A1to, Ca1ifornia PALO ALTO HOUSING CQRPORATION CONTRACT FOR 1992-1993 ~rs of the Council; ~t in Brief 16 This report and ittacnments transmit to the Council the 1992-1993 contract between the City of Palo Alto and the Palo Alto ~o"sing Corporation (PAHC), Backgrqund On May 26, 1992, the City Cour.c11 appra~ed funding for the 1992-1993 Community Development Block Gront (COBG) PrDgrom, Included in the CDBG funding was S28,000 to be allJcated to the Palo Alta Hou~;ng Corporation for administration of i" Information and Referral program. The attached contract also includes $40,000 to be paid from Hou~;ng Reserve funds for administration of sales and resales of housing units in the City's Below Mork.t Rat. (BMP) program, PAHC had requested additional fund'S for both administrative costs arld specifk costs, such is architectural, engineering a.,d apprainl fees, re1at.ed to dev!1opment of slngTe-room occupancy (SRO} housing in the downtown area and purchase Df the Bark.r Hotel, The CDuncil action on the 1992-1993 CDSG allocations placed these projects in a New Housing Development fund. In order to utilize funds from the Ne~ Housing Development Fund~ specific proposais must return to the Council for funding. A contract amendment with PAHC would bf" requlred if funds from the New Housing Oevelopment Fund ate ippr()~E'd for a specific project at i later dat!. ~lTI!IendatiQn Staff recomeends that the City Council approve and authorize the Mayor to execute the attached Agreement bet»ieen the City of Palo A_lto and the Palo Alto H~using Corporation, including Exhjbit ~A· entitled ~1992-1993 Scope of CHR:303:92 Sery;ces,~ [xhiblt R8~ entitled -1992-1993 Contract Budget,· [xhibtt ·C· entit1ed ·Insurlnce Requir!ment· and [xhibit -D" entitled -Federal Assurancu.· KENNETH R. SCHREIBtR Director of Planning and Community En~iron~nt Attachments: Ayreement with Exhibits A, 5, C and 0 between the City of Pa10 Alto and the Palo Alto Housing torpofat)On for Housing Services for flscal Year 1991-}993 cc: Sylvia Self,an. Palo AHa "'ousir.g Corporation CI4R:303:92 .. ,\cmr\~ £/18/92 Page 2 \ / lL..LlL E E II :l II T BllnEElI TIrE Cay OP PALO ALTO AlIT) TKB PALO ALTO HOOSING CORPORA~101! POR BOCS1NG SERVICES FISCAL YEAR It'2-1993 THIS AGREEMENT is made and entered into this _____ d~y of ________ , 1992 j by and between the CITY OF PALO ALTO, e municipal corporation of California, hereinafter referred to as ~CITY,~ and the PALO ALT~ HOUSING CORPORATION, a nonprofit corpo­ ration under the laws of the State of California, with offices at 540 Cowper street, S~ite G, Palo Alto, California 94301, herein­ after r-eferred to as " CONTRA,C'I'OR IT ; • r T N E S SIT H: k"HER.EAS, CITY desires to retain services related to providing housing in CITY for persons and families of low, mod~rate and middle income levels; ~nd WHEREAS, CITY desires to engage CONTRACTOR to provide these services by reasc-n of its cr.la1ifications and experience for performinq such services, and CONTRACTOR has offered to proviae the required services on ~he terms and in the manne~ set forth herein; NOW, THEREFORE, in consideration of their mutual cove­ nants, the parties hereto agree as follo~s: 1. plJ'I:IUTrONS • Ca) The 'Word "City'" as used in this Agreement shall mean and include all the te~ritory lying ~ithin the municipal boun­ daries of the City of Palo Alto, California, as presently existing, plu~ ~11 territory which may be added thereto during the term of this Agreement by annexation or ctherwise. lDJ The term ·city Council-Ei1"~all mean the duly elected or appointed members of the Council of the City of Palo Al t.o, california, acting pursuant to the prOVisions of the Palo Alto Municipal Code and the Charter of the City of Palo Alto. (c) The term "City Manager" shall mean the du.ly appointed City Manager of the City of Palo Alto, california, or his designated representative. Cd) The term ·City Clerk" shall mean the duly appointed City Clerk of the City of Palo Alto, California, or her designated representative~ 1 - ce) The terJII ;'Ci ty Risk Man3ger'll sball mean the duly appointed Risk Manager of the City of Palo Alto, California, or his designated representative. ( !) the duly appointed California, or her The te~ ~City Director of Finance ft Director of Finance of the City of designated representative. shall lne.an Palo Al tel (g) The term "City Auditor" shall mea.n the duly appointed city Auditor oI the City of Palo Alto, California, 'Or h.'!-s designated represent~tive4 2. ~ COOBOXHITION. (al ~. The City M3nager shall be representative of CITY for ~11 purposes under this Agreement. The Directo~ of Planning and Community Environment is designated as the PROJECT MANAGER for t-~e City Manager, and he shall supervise the proqregs and execution of this Agreement, including the establishment of work priorities in collaboration ~ith CCNTRACTOR. (b) Contractor. CONTRACTOR shall assign a single PROJECT OIRECTOR to have overall r~sponsibility for the progress ~nQ execution of this Agreement for COHTRACTOR. The President ot CONTRACTCJR corporation hereby is designated as the PROJECT DIRECTOR for CONTRACTOR~ (e) Access. CONTRACTOR shall provide the PROJECT 'MANAGER and others specifically requested br the PROJECT MANAGE"R with free and easy access to all facilities and activities of the programs hereinafter described. The PROJECT MANAGER and others sp~cifically requested by the PROJEC'l' YJl.NAGER shall coordinate such access with CONTRACTOR. 3. ~UTIgS 07 OONTRACTOR. Unde~ this Agreement CON'I'RACTOR sh&ll provi<3e the. set'Vices set. fort.h in the document entitled ~program Year Scope of Services," attached hereto as Exhi­ ~it "A~ ~nd incorporated herein by this reference • .( • BQARD KEKB&RS aI P • (a) Soard Members. CON!1L~CTOR shall make its best efforts to have at least one (lJ member of its board be a resident of a public subsidized low/moderatp income housing project located in CITY and at least one (1) additional member of the board to be a CITY residential tenant. (b) Intetest-ed P.ersons. :Hot more than twenty-five (25) percent of the persons serving O!'l the governing board of CONTRACTOR may be Interested Persons. An "Interested Person-means any person currently being compensated by CONTRACTOR for services rendered to it whether as a full or part-tim!:!. emplo:tee, independent consul tant, or otherwise, but excluding any reasonable compensation paid to a director 8S director. 2 I - 5 ~ FISCAL REaPONSlp1LiTtES« RECORDS. REpoRTS, AND AtTPTTS. (a) fiscal Besponsibilities. t i) l'iscal J..g""Dt. CONTRAC'I'OR shall appoint a fiscal aqent wt,o shall be responsiple for L'1e financial and accounting act.ivities of CON'f'R.p...CTOR, including the receipt or disbursement of CONTRACTOR funds. (ii) ~CLsU'rE!r. CONTRACTOR shall appoint froe its board a treasurer who no leGS than monthly shall review and by signature approv9 all receipts~ d i5Dursements and bank account balances of CONTRACTOR. (iii) system of AC~QYDt§. CONTRACTOR and its fiscal agent shall establish and maintain a system of accounts that shall conform with generally accepted principles of acco~nting and with all federal community Development al~=K Grant (~CDBGK) funding requirements for hudgeted funds. Separate accounts for-identifying receipts and expQnditur~s shall be maintained for all COBG funds rece.ived under this AgreeD',ent. All such records and accounts shall be available for exa~ination by CITY and staff from the federal Housing and Urban Development Department ("HUD") during CONTRACTORrs regular working hours~ Such system of accounts shall be s.ubject to the review and approval of the CITY Director of Finance and/or City Auditor. 'iv) Program In"'ome. CONTRACTOR must ac~~rately account for any prC9ra~ income generated from the use of CDBG funds, as defined under 24 code of Federal Regulations S~ction 570. SOO., as amended, and report the income to CITY and HOD in accordance with 24 Code of Federal Regulations Part 510, the ~CDaG Final R"..lle-. Such program income shall be returned to CITY in accordance with 24 Code of Federal Regulations Section 510.504(c), as amended. (b) Records. CONTRAC'I'OR shall lr.air.tain adequat.e and accurate records, in ac~ordance ~ith qen~rally accepted accounting principles an~ all CDBG fundinq requirements, including but not limited to bOOKS, financial records, supporting documents, statistical records, personnel~ real and personal property~ and all other pertinent records sufficient to reflect properly (1) all direct and indirect cost of whatever nature claimed to have been incurred and anticipated to perform this Agreement, (ii) all tranEOactions under this Agreement, and (iii) all other matters covered by this Agreement. CONTRACTOr< shall preserve and make available such records until the expiration of three (3) years from the date of final paj~ent under this Agreement. (c) Reports. CONTRACTOR shall provide CITY se~i­ annual activity reports on the fifteenth (15th) day after the close of each six-month period, covering the preceding half-year and such other information as the PROJECT MANAGER may request. The final semi-annual report shall cover not only the preceding six months 3 but also the entire year. CONTRACTOR shall also provide CITY other reports trom time to time as directed by CITY's PRoJECT MA,.'IlAGER settinq forth CONTRACTORt s findings ~nd conclu$ions. ~inutes of CONTRACTOR's board meetings shall be distributed to all members of the City council through the city Clerk. (d) Audit. CONTRACTOR shall provide for an inde­ pendent audit of its transactions, records, and financial reports. The audit shall be completed at least every two (2) years, starting Al.lgust 31, 1993. The audit shall be conducted by a certified public accountan~ (the NCPA"l in conformance with general I? accepted acccunting principles. Audit reports shall be submitted by the CPA to both ?arties~ The cost of guch audits shall be borne by the CONTRACTOR. 6 ~ PLEAS"! or REPORTS AND .IN"fORMATIO,!. Any reports, info:t1llation, data, or other material given to, or prepared or­ assembled by, CONTRACTOR or its stJbcontr-actors, if any, under this Agreement shall be the property ot CITY and shall not be made a ..... ailable to any individual or-organization by CONTRACTOR or its SUbcontractors, if any, withGut the prior written approval of the PROJECT MANAGE.~. In the event of termination, CONTRA (:TOR shall give to CITY immediately one (1) copy of any and all studies, reports.l sketches, dl."awings, computations, and any other data, whether or not completed, prepared in connection with this Agreement, which shall be the penuar,ent property of CITY. 7. DUTIES OF CITY. CITY shall furnish CONTRACTOR ~ith all readily available background information and data relevant to CITY. 8~ BUDGET; COMPENSATION. (a) Budget~ CONTFL~CTOR's contract budget for the term: of tnis Agreement is d.ttached hereto as Exhibit -BPI and incorporated herein by this refere~ce. Expenditures by CONTRACTOR for serviCeS hereunder shall substantially confoLm to said budget unless the prior written approval of the PROJECT ~.ANAGER is obtained~ The bud"-1ct must be de"\~eloped and complied with in accordance with the schedules, processes and format establish@d by CITY staft. (b) Q2m.Qensation~ CITY agl.'ees to compensate CON­ TRACTOR for the full performance of its services under this Agree­ ment in accordance with Exhibit n8", in a total s~ not to exceed Sixty Eight Th~usand Dollars ($68,OOO~OO}4 Such sum is financed by Twenty Eight Thousand Dollars ($28,000.00) in CDBG funds and Forty Thousand Dollars ($40,000.00) in CITY Housing Reserve funds. Funds committed under the CDBG progratll are contingent upon CITY receiving the intended appropriation from the Federal Department of Housing and Urban OevelopID,ent ~- (c) Payments tlyS_ITY ~ On the billing form provided by CITY, CONTRACTOR shall submit a bill by the fifth (5th) vorking day of each quar-ter for services provided under this Agreement 4 :-' - r during the preceding quarter. 'l'he bill shall specify actual expenditures directly re13ted to this Agreement in accordance with Exhibit -5. iii CONTRACTOR shall account for program income, as defined. in Subsection S(a, (iv} hereof, in each billing i!u,d shall ~~duce the billinq to CIT¥ in an amount equal to the excess program income. CONTRACTOR sh~ll a!sa submit to CITY for its r~view, with the ~~arterly bill, an accounting o! all CONTRAC~OR CDBG-relat~d activities under this Agre~ment during the preceding ~~arter, to the satisfaction of the City Director of Finance~ CITY shall pay CONTRACTOR 1iithin thirty PO) working days of receipt of each complete bill~ 9. itGREBHEllT 'lERlC. Tr.:}'L'1:INATION OF SERVICES. This Agree­ ment shall cover the services renderea by CONTRACTOR to CITY cOl1U:kencing July 1t 1992, and it. shall expire on .June 30, lC?~J, provided that CITY shall have the right to suspend cr t~rminate any or all of the services covered by this Agreement due to a default hereunder by CONTRACTOR by giving ten (10) days I written notice to COt-.'"'TRACTOR (s~id ten {lO) day period shall commence upon the de-posit of said notice in the United States ms.il .. ·ith postage fully prepaid thereon and addressed to CONTRACTOR at the address mentioned above) and upon full payment fo~ all services actually rendered by CONTRACTOR to the date ot such suspension or termination~ 10. N01O.SS.IG!Q\BILITY. This Agreement is one for pe~sonal services and cannot be transferred or assigned in whole or in part by either party without the prior written consent of the other party. 11 ~ IlrrEREST 0' CONTRACTOR. CONTRACTOR covenants that it pre9~ntly has no interest and shall not acquire any interest, d.i.rect or indirect, financial or otherwise, 'Which .ould conflict in any manner or degree witv the performance of the services hereunder. CONTRACTOR further covenants that, in the perform.~nce of this Agreement, no subcontractor or person having such intersst shall be employed. CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of CITY. CONTRACTOR .further covenants that any cGnflict of interest regulations enacted by CITY in the future for the procedures and operations of CITY itself shall be binding in substance upon CONTRACTOR also and shall cover the procedures and operations of CONTRACTOR, althou9h said regulations may not specifically refer to COh~CTOR. It is expressly agreed that, in the. perfo:t"4ance of the services h_ereunaer, CONTRACTOR shall at all tilhes be deemed an independent CoNTRACTOR and not i5n agent or employee of CITY. 12. NONDI8CRIKrNA~ON~ No discrimination shall be made in the employment of persons under this Agreement because of the ra'::-e, color, national origin, ancestry, religion, sex or disability of such person. Similarly, no person shall be subject to discrimination under any part of the services provided by CONTRACTOR under this Agreement on the basis of the race, color, national origin, ancestry, sex t religion or disability of such 5 - o person. If t.he value of this ~~greE:ment is, or may be, Five Th~usand Dollars ($5,OOQ) or more, CONTRACTOR agrees to rueet all re~irements of the p~~c pertaining to nondiscrimination in e~plo:flllent and to complete and submit the "Compl iance Report-­ Nondiscrimination Provisions of City of Palo Alto Contracts" on the form furnished by CITY. CON'1'RAC'TOR agrees that each agreement for services from independent providers shall contadn a provision substantially as follows: "PROVIDER shall provide CONTRACTOR 'Jith a cer­ tificate stating that he (or she) is currently in compli­ ance with all Federal and State of California laws cover­ ing nondiscrhdnation in employment: that he (or she) will pursue an af£irmative course of action as Lequired by the Affirmative Action G~idelines of the City of Palo Altc; and that he (or she) will riot discriminate in the employment of any person under this contract bec~use of race, color# national origin, ancestry, sex, religion or disabjlity of such p~rson.· If CONTRACTOR is four.d in violation of the nondiscrimina­ tion provisions of the State of California Fair Emplcyment Prac­ tices Act or similar pro'"isicns of tederal law or executive order in the performance of this Agreement, it shall thereby be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or s~$pend this Agreement, in whole or in part, or to decuct f~om the amount payable to CONTRACTOR the sum of Twenty­ Five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for saio breach of contract, or both. Only a finding ot the State of California Fair Emplo}~ent Practices Commission Qr the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If CONTRACTOR is found in violation of the nondis­ crimination provisions of this Agreement or the appl icable .affirm.­ ative action guidelines pertaini:r:g to this Agreement, CONTRACTOR ~hall be found in ~aterial breach of t~is Agree~ent. Thereupon, CITY shall have the pO"lA1er to cancel or suspend this Agreement, ir. whole or in part T or to deduct from the amount payable to CONTRA­ CTOR the sum of Two Hundreo Fifty Dollars ($250) for each cal~ndar day durinq which COtlTRAC'rOR is found to have been in such noncom­ pliance as damages for said breach of contract, or both. 13. rNBt;1RANC!:: HOLD HARMLESS. CONTRACTOR hereby ag:t.-ees to protect, indem.nifYT defend and hold harmle;s5 CITY, its of.ficers, agents and employees, from and against any and all demands, lial::lili ty, damage, loss, claims, or actions, including costs and attorneys' fees, arising out of this Agreement # except to the extent of the negli'3'enc€ of CITY, its officers, agents, or employees. CONTRACTOR, at its sale cost and expense, shall obtain and maintain, in full torce and effect throughout the entire term of this Agreement, the insurance coverage described in Exhibit ~cn, 6 L • attached hereto and incorporated herein by this reference, insuring not only CONTRACTOR and its subcontractors, if any, but also, ~ith the e)C:ception of 'Workers I compensation and employer's liability insurance, CITY, its officers, agents and e'mployee-r~1 and each of th~ with respect to activities and services performed ~y CONTRACTOR fer or on behalf of CITY under the p~ovisicns of this Agreement. Certificates of such insurance, prefe~ably on the fOl"lUS provided by CIT'll, shall :be filed with CI'l'Y concurrently 'ilith the execution of ~~is Agreement. said certificates shall be sub­ ject to the approval of the CITY Risk Manager and shall contain an endorsement stating that said insurance is primary coverage and will not he cancelled or altered by the insurer except aft~~ filing with the City ClerK. thirty (30) days' written notice of such cancellation or alteration, and that the Cit)· of Palo Alto is named as an additional insured. CUrrent certificates of such insurance shall lJe ~ept on file at all times during the term of this Agreement with the City Clerk. 14. 'WORXe:P.S· COMPENSATION. CONTP..ACTOR, by executing this Aqreement, certifie5 that it is aware of the provisions of the Labor Coda of the State Df california which re~~ire every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance vith the provisions of that Code, and certifies that it ~ill co~ply with such provisions before commencinq the performance of the work of this Agreement. 15. DEFENSE' AND rNOEJOUTY. Nctwithstandinq any other provision of this Agreement, in the event that one or more membl!!rs of the board of directors or of the officers or staff of CONTRACTOR, P~~C Apartments, Inc. or PARe california Park Corporation, are named in any suit cr ether legal proceeding arising out of their activities, or the activities of CONTRACTOR, with respect to the lov/moaerate income housing projects developed by CONTRACTOR, CITY's -Below Karket Rate~ Program, or CITyrs Rental Housing ACq\l.isition Proqra:m, but. not othen;oi~E-, except -wne:e CI'l''l is plaintiff, and defense is not provided by an insurance carrier or carriers, or otherwise s of CONTRACTOR, CITY, or any other party, CITY agrees to conduct or provide such defense up to a maximum aggregate cost of Two Hundred Thousand Dollar-s ($200,0001 per occurrence, including expenses tor attorneys, consultants, expert witnesses, court costs, court reporters, and other items related to said defense. In the event that a final judgment is rendered against anyone or mo~e of said directors, officers, or staff of any of said erltities J CITY agrees to indemnify said directors, officers, or st~ff up to said TWo H~ndred Thousend Dollars ($200, 000) in the aggregate per occurrer.c02, less such costs of defense as may have been incurred. The obl igations of CITY hereunder are applicable only to ~he &xtent that defense ane/or indemnity are not provided by an insurance carrier or carriers, whether of CONTRACTOR, PAHe ~partmentsf Inc., PARe California ParK corporation or CITY, and are limited to ne those in excess of the defense or indemnity obligations of said carriers, and not otherwise. CI'rY's Obligations herel.!nder do not extend to any 7 • _.', .- , , j ~ , , 1 , t J - crimin~l prosEcutions or allegations based upon any other theory or cause of action for 'Which CITY' 'Would not be obligated to, and liould not customarily, defend and/or inde-m..""I.if,· if the defendant or defendant5 ~ere regular CITY employees. CITY"s obligations hereunder shall not, und-.er any circwnstances, exceed the 39gregat.e sum of TWo Hundred Thousand Dollars ($200, roo) p-er-occurrence, regardless of the number of claims, suits, legal proceedings, or nUJ:lber of directors$ officers~ agents, or employees invol .... ed. CITY may settle or ccmpromise any claim, suit or legal procelS.!ding .... ·ith.in the limits of CITY's obligations hereunder, on behalf of 3:ny defendant or defendants to which CITyrs obligations apply. The defense and indemnity obligations of CITY hereunder extend to any occurrerce durinq the period this section is in force, ~e9ardless ot wr..en claims or suits relating to such occurrence or occurrences are filed. CONTRACTOR shall notify CITY immediately upon receipt of information which leads it to believe that a claim, suit} or other proceeding under this section may exist. Notwithstanding the foregcinq paragraph, CITY's obligations set forth therein concerning PAHC Apartments~ Inc. and PARe Calif'CIrnia Park Corporation shall be in effect only so long as the boards of directors of such entities remain identical to that of CON'TRACTOR. 1~. LAWS TO BE OBSERVED. CONTRACTOR shall: ,a) Procure all permits and licenses, pay all charges and fe.es, and -give all notices 'Which may be nece'Ssary and incident to the due and lawful prosecution of the services to be performed by CONTRACTOR under th.is Agreement; (b} Keep itself fully informed of all existing and future. federal, state and local laws, ordinances, regulations, orders, and decrees 'Which may affect th.ose engaged or eJDployed under this Agreement, any m3terials used in CONTRACTOR's perfor­ mance under this Agreement~ or the conduct of the services ~nder this Aqreementt {c) At all times observe and comply with, and caus.e all of its subcon~ractors and employees, if any, to observe and comply with, all of said laws, ordinances. regulations, orders and decrees mentioned above: (d) Immediately report to the PROJECT MANAGER in writing any discrepancy O~ inconsistency it discove,s in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, dra~ings, specIfications, or provisions of this Aqreement; (e) with respect to CON'l'RACTOR use of CDBG funds under this Agreement i comply with the federal assurances set forth in Exhibit "D" to this Agreement, .. hich is attcl.ched hereto and incorporated herein by this r~ference. 8 ::ff1~r1_ "":. - 17. WAiVERS. The ~aiver by either party of any breach or violation of any 'term, covenant, or condition of this Agre.~IDent or of any prQv1.sion, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, c~nditlon, ordinance, or law or of any ~ubsequent breach or vinlation ot the aame or of any other term, cove:1ant, condition, ordinance, or law~ The subsequent acceptance by either party af any fee or other money which mai'o become dua hereunder shall n~t be deemed to be a waive~ of any pre­ ceding breach a~ violation by the other party of any term, cove­ nant, or condition of this Aqree~ent or of any ~pplicable lav cr ordinance. la. coSTS AMP ATTORNEYS-FBIS. The prevailing party in any action brought to enforce the terms of this Agreem.ent or arising out of this Agreement may recover its reasonable costs and attorneys' ~ees expended in connection vith such an action from the other party. 19. ,ALTERATION.IN AGRlEXENT. This document contains all the terms and conditions of the agreeme.nt betlr.'e.en the parties. Any alterations or variations of the terms of this Agreement shall b~ inv~lid unless made in writing ana signed by the parties her~to. The.re. are no other understandings~ representations, or agreements, w~itten or oral, not incorporated herein~ All provisions of this Agreement expressly are made conditions. This Agreement shall supersede Contract No. C2025258 between the parties, as amended. This Agreement shall be governed by the laws of the state of California~ 20. AGREEMENT lIMPING. The terms, covenants, and cOi'lcli­ tions of this Agreement shall apply to, and sl".all bind, the heirs, successors, executors, administrators, assigns and subcontractors of both parties. IN WITNESS WHEREOF, the part ies hereto have executed this Agreement the day and year first above ~ritten. CITY OF PALO ALTO City Clerk Mayor APPROVED All 'l'O FORI(: Senior Asst. City Attorney APPROVED: Assistant City Manager 9 o Director of F~nance Risk Manager Director of Plannin9 and Community Environment Attach:ll.ents: E><l'.ibit A: Services Exhibit s: Exhibit c: Exhibit D: 1~92-~993 Program Year Scope 1992-1993 Contract Budget Insurance Federal Assurances I 1 -'-"" EXHIBIT "A' PALO ALTO HOUSING CORPORAlION 1992·1993 ?ROiORAM YEAR SCO~E OF SERVICES COffTRACTOR S~,iJl1 foster and dt!velop decent, safe and affordable housing benefittir!9 low and IiIIOderate income f.amilies. seniors, and the dlsabled in Palo Alto. To fulfill such obj.ctives, CONTRACTOR shall perform the following services under this agreement~ r. CO!t1UNITY DEVELOPMENT BlOCK GRANT ACm'!TIES CONTRACTOR shall provide the following services in confc~ance with the obje~tives and requirements of the federal Departm€nt of Housing and Urban Development under the Community Deyelopment Block Grant (COaG) Program and reimbursement for such expenditures shali be from COSG funds: INFORMATION AND REfERRAL: Administrative expenses to provide (DeG i~come-elig;ble households with information regarding affordable tlousing options, adYlcS! on aViilable, affordable and/or subsidized housing ~nits, co~nsel on eligible subsidy programs and available services, refp.rral to local age~cles and service providers and, on an as needed basis? to serve as an ad~ocate for indjYiduals~ GOALS: Provide ad· .. ice and ctlunsel t<l 1900 low and moderate income housing see~ers, with at least 1425 of those aSSisted to be CneG income-El1g1bTe. Coordfnat~ provision ~f social services and ser',e as advocate for 6 households needing special assistance with SOCial $e~1ce agenc1es, employers, landlords or neighbors. TOTAL INFORMATION AND REFERRAL COSTS: 528,000 TOTAL 1~92-1993 FHS FOR CD£G-EllGIBL[ SERVICES: 528,000 II. HOUSING RESERVE FUND ACTIVITIES CONTRACTOR shall provide the fol1gwing services in conformance with the objectives and requirements of the City of Palo Alto Housing Reserve Suideli~es and reimbursement for suen expenditures snail be from the CityTs Housing Reserve Funds: BMR SALES ANO RENTALS: For Below Market Rate ('BMR") sales or rent.l units, CONTRACTOR shall administer such sales or rentals as vacancies dictate, in c00p1ianee wit~ the City's BMR program. TOTAL 1~92·1~93 HOUSING RES[RVE FUND FEES: 140,000 TOTAl. 1992-1993 CD!rTRACT BUDGET: $68,000 • '" Description Saiaries. EXHIBIT 'B' PALO .~LTO HOUSING CORPORATION 1992-1993 Con~ra't Budget Total Bud et 5167,044 Benefits and P. roll Taxes 23 704 Insurance \, 57S Rent 25,193 Ut.11 ities 3 801 Posta e I, 586 CDnsu,tants and Staff OevelQ ~nt ),702 Travel 1,092 Office Su lies 5 800 ~ilnten~nce and Re air 1.9!9 Miscel1aneous 10,627 c. It.1 Ex ens.s 79S TOTA!. EXPENSES $246,438 TOTAL COIITIW:T BUDGET WBG Ho" slog Reser'.le 528,000 540,000 $28,000 $68,000 Schwartz , El Ceminc ~e6.1, Alto., CA 94022 (415) HO-llll 200 A1 t.o Housing Corporat..ion Cowper s~reet, Suite G o Alto, CA 94301 "I(fM/TO .... ~ ow"t::> AL,I r~,!I leN ~OUL 1::0 .. ~!I; HII!!:CI.\,r.C:r. "'OI'I.·o*",F.~ "vtos. ! omFiR of Palo Alto Box 10250 Alto, CA ~4303 tnl Jim Gilliland - . 1!an "C" COMPANIES I>.FFOROING CO~EI'!AG~ t. ~lr~r!;~: A ~.~-~na _~-as-~~:_~~_,~ Su::-ety CO. --'oJ. C. ~~;~:.~!"c< -GCC'~'" ."-•• 111;\' ·i~ ... :,~,,; '. -i I' ___ -i-_____ _ StIOUl.o AN." Q~ TKE "DO~ CESCRJf\Lt) PO"-'CIE S 2;: CANCflL!D ;c~C:I>E THe E'(9tAAT}ON O,t,TE ll-lCP.EOF. 't~ I~S\.HNG. COM .... I' .... VVl,,~ EI,IOEA\lOI< '0 MAIL ~ 011.'(5 WR~ ~OncE' TOf1.i£ c:.5:'fr;r$ic· ... i<; H~Df1i. NAA1E.O TO 'TriE LEfT, Bl!:' F.A4U~E TO "!AIL SV:::M Ni:''";CE' f;""Ll jMr:oSE ~.o OiI~~o.ATjot, OR l.L'o"'LITl Go!' "'Nt IQMlI..Jf'ON 't~ COOIPAIN (1'S ... <>'E"~!o "'" ~"PI'\E::!x'I{TA"I\,;~S > • 4 I COVERAGE PART NUMBER t Cmi.M~RC tAL GENERAL L1A131LITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE: REAil IT CAREFULLY. ADDITIONAL IN'SUREIJ-OESIGNAT£D Pt:RSON OR ORG-ANIZATrON This endor.e.~ment modifies Insurance pro .. ~jd0d under' thG! follc"io,"ing: CO~MERCIAL GENERAL LIA8!LITY COVERAGE PART WHO IS AN INSURED (Section II) is arnendelj tl:-inclllde as ar. insured the person or organi2etion shown in tne Schadu)e ~s an Insured but only IrIi-t::h respect.s to liabilit.:y arJ..5ing out of your opGratlons or premises owned by or rented to you. SCHEDULE NA~E OF PERSON OR ORGANIZATION' City of Palo Alto, its Officers, Age:1ts and Employees P.O. Box 10250 Palo Alto, CA 94303 Attn; Jim Gilliland CG10l6 (ED. 11-85) PRINTED IN U.S.A. Schwart2 , ~ugaw El CAmino Real, Suite ~OO 94022 Alto HOo.ls.ing CorporAtlon o covper StreQt, Suite G .10 Alto, CA 94301 OTI+t:1f n ... COMPANIES AFFORDING; COVERAGE ~¥~~R""AAetna C Ii S tCID) CP" :-·",!!l; ~.N .. ",E .. ,,,,,T '·1i;CC-\,-~ 11o~1.:~.' L~'~I~~'''''; i aC·C:I~'IIN"'I.i>l.\" ,'j~r.;""~joHI ,r.,~~~~~. "(,~,c."f \ 1"1." sr·ji'.l-:',' INSUREDj Sea attached '.dditional Insur€d Enc:l.orsem~nt - of Palo Alto Be" 10250 Alto, CA. ~4 303 Jim GilU land SI-\QUl.O M'I 01' TI"!E ~'E o£s-c.~·,8lio 1-O'UC11':; t;,E c.\NC£uE.":l Se-;U.E T"'-E £X;>1~.\:r.oN OATE Tl-'El"!!OCiF. THE fSSU!J.a <::~~-'NY WLL EN!)EAV';)R TO W>.ll;L o .... n~ ';\jklne.l~ ~Ct l~ ""I"HE ~II.T\':I':"" rt HOUlC" NW8:l ""1"0 ':HE: '-EFT. BUT FAllVflE TO !\.,,..il SUCH N'''>,:", ~HAI,.I. ~~E NO Cfh..lOAtlCl!\: r...~ U,C.,S·i..jT"( OF"""V KlflD ~FON T> IE C';W'.."j\( r."(; ).(l£J\~~ 01'; I;I!'P".;:U::~~T.~ TI'/1:S i ~ - A. (1) (3) (4) (5) (6) (7) (8) o EXHIBIT'D' 1992-1993 FEDERAL ASSURANCES BY RECIPIENT ('GRANTEE') OF FEDERAL COMMU?-.1TY DEVELOPMENT BLOCK GRANT ('CDEG") FUNDS GRANTEE hereby assures and certifies iliat It possesses leg:Il authority to receive federal grant flmd' and to carry out the prop<J<e<l program(') assi5ted thereby. Its govemi.~g body has duly acquainted itself with the funds application, including all _ding, and as.=ces conlained therein, end directed and authorized the peroon identified as the off,ciaJ representative of GRANTEE to provide such addition­ al information as may be required bereunder. It consents to accept the jurisdiction of the federal or Callfornia COL'rts for the purpose ('If enforcement of its responsibilities imposed hereunder. The proposed program(,) has been developed 50 as to give mnimum fmsible priority to activities which will benefit low a.'"ld moderate income persons. The receipt of any program income, as defined in 24 CFR 570.500(.), as amended, generated by the use of gr.'"t fund, under thi' Agreement, will be """rded, reported and n:IUmed to the City of Palo Alto ("GRANTOR") in acrorda-'lCe with 24 CFR 570.504, as amended. II will comply wi~~ the rrovi;ion, set forth in 24 eFR 85.43 and 24 CFR 85.44 regarding me suspension or tennination of 2: granf agreement for cause or conve­ nience. It will maintain and reta.L.1 all books, documents, papel:'S, financial, or other records whicit are pertiner.t to the gT1Ult for a period of not less Iha" three (3) years following the expil"ation of this AgreemenL GRANTEE will allow GRAmOR and the U.S. Dopartment of Housing an~ Urban Development, through any autlJorized representa­ tives, access to such documents. papers and records. If GRANTEE is a primanly religious entity. in connection with the provision of services fO".juired under thi' Agreement, GRANTEE: (a) will Dot discriminate against any employee. or applicant for employment on the basis of religion and will not limit employment or give preference in employ­ ment to persons on the basis of .religion; -. - (0) will. not discriminate against any person applying for such ~rvices on the basis of religion and will nO( Emit such sen"ices or g[ ve preference to person 5 on the basis of religion ~ (c) will provide fO rdigious instruction or counseling, conduct no religious worship or ~r\ices. engage i..., no religious proselytizing. and exei1. no ot.her religious influence in the provision of such services; and (d) will ensure that the portion of GRANTEE', facility used to provide the services shall contain 00 religious symbols or decorations. other than iliose perma.l1ently affixed to Of are part of the structure. B. GRANTEE also bereby assures that it shall: (1) Comply Yoith !he nondiscrimination provisions of public law 88·352 (Title VI of the Civil Righ:s Act of 1964), and the fair hO'!5ing provision, of public law 9\f·284 (Ti~e VIII of the Civil Rights Act of 1968) and E.ecutive Order 11063, as amended by E.ecutive Order 12259, with respect to sale, lease or transfer of land acquired, cleared or improved with grant assistance. (2) Comply with the provisions of Section 109 of Title I of lhe HOllSiilg and Community Development Act of 1974 which prohibit dis<rimination. (3) Comply wi," the Fair Housing Act of 1989 {42 usc 3601-20), .,hich prohibits discriminatory housing practices based on race~ ccior. religion. sex, national origin. di.ability or familliJ Slarus. (4) Comply wi," ,"e Davis-Sa"", Federal Labor Standards provisions wi," respect to all COi1struction contracts b excess of Two T'lou5a..'1d Dofurs ($2,CXXJ). (5) (7) Comply with the requirement oft.'le Flood Disaster Protection Ac! of 1973 and the National Flood L15urance Act of 1968 applicable to acquisi.tiol1 or cor::struction project.s. Comply with the relocation :lind displacement requirements of L'~ Uniform Relocation AssisIanoe and Real Property Acquisition Policies Act of 1970, as ainended. Comply with provisions of Executive Order J 1246, as amended. on equal employment opportunities and affirmative action relati ... e to employees and appiicants and nonex· empt contracts and subcontracts. (8) Comply wi," 24 CPR Part 35 of the HUD regulations prohibiting the use of lead­ based paint in the construction or rehabilitation of residential structures. ' ---:-:,~:--j . .:." .~'. '':;, '. ~! 'I 'I I I • (9) Comply with the prvvhions of 24 CFR Part 24 which prohibit the utilization of debarred, sLlspenderl, or ineligible coatractors or slIbrecipients. (10) Comply with the uniform administJative requireme.,ts and cost prir>eipai' of 24 CFR Part 85 and OMB circulars A-g-" A-lIO, A·122, and A·128 ar.d A-I33 as they rc:la!e I<J the acceptan~ and use of federal funds by nonprofit organilations, and as otilelWise may be required under 24 CFR 570.502, as amended, (II) Comply wiLl, the requiremenrs of 24 CFR 85,36 and OMB circular A·110 "'ith respect to oonflict of L"terest. and as olhenwise may be required under 24 CFR 570.61!~ as: amended, (12) Comply with the provisions of the Ha:ch Act which prohibit the use of ff<lerdi funds for lobbying activi ties, (13) Comply with Section 319 of public law 101· 121, which generally prohibits recipients of federal contracts, grants or loans from using appropriated funds for lobbying the executive or the legislative branches of the federal government in con:nection 'With a specific contr2ct, grant or loan, Accordingly, GRANTEE hereby certifies to the best of its irnowledge and belief, that: (a) No federal appropr'.aled fue.:!. have been paid or wit! be paid, by or on bebalf of GRANTEE, to any person for illfluencir.g 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 con.'1ection with d,e awarding of any federal contract, the making of 2Jl y federal grant, Lie making of ary f<><leral loan, the entering into of ;L1Y cooperative agreement, or the extension, continuation, renewal, am.endment, or modification of any federal contract, grant, loan, or cooperative agreement; and (b) If ary ~Jnds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting :0 influence an officer or employre of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Me:nber of Congress:in connection with t1lis federal contract, grant, loan or cooperative agreement, GRANTEE shall comple:e and submit Standard Form-LU_, "Disclosure Form to Report l<lbby· ing" in aceordance with jts instructions. (14) Comply with the Age Discrimination Act of 1975, a:; amend<d, w~ich states that no persons in the United States shall, on the basis of Age, be denied the benefits of, Of be subjected t-o discrim:nation under~ any program or activity receiving federi! financial assistance, 'S~~~fj .~ :::; .... '. 'r': . .... . ,' ....... ' ... -; - (15) Tl'3IlSfer 10 GRANTOR any CDBG fund. on hand, and any accounts receivable attributable to the use of CDoo funds, al U,e time of expi .... uion or this Agreement. In adoition, GRANTEE "shall ensure that any reall'roperty under GRANTEE', control that was acqui~ or improved in whole or ill part with CDBG r...tnds in ex:cess of $25,000 is either. (a) ......J to meet one of tile nationaJ objectives in 24 CFR 570.208 until fiv< years after expiration of thi, Agreement, or for such longer period of time as determined appropriate hereunder by GR. ... NTOR; or (b) i, diSj>OSell of h, a manner which results in GRANTOR belng reimhursed in the amount of the then current fair market val ue of the property leM any portion thereof attributahle to ex:PCtJditu!'es of non-CDBG funds for acquisition of. or improvement to, the property.