HomeMy WebLinkAbout1996-07-09 - AGENDA REPORTS - RENEWAL CDBG SUBRECIPIENT (2)AGENDA REPORT
City Manager Approval ��/
Item to be presented by:
Vyto Adomaitis
CONSENT CALENDAR
DATE: July 9, 1996
SUBJECT: RENEWAL OF CITY CDBG SUBRECIPIENT CONTRACTS
DEPARTMENT: Community Development Department
BACKGROUND
The Community Development Block Grant program of the City provides a wide range of
services to residents through agencies and subrecipients that are on City contract. The
City's 1996-97 entitlement from the Department of Housing and Urban Development (HUD)
includes funding for the following services: Fair Housing- $15,780, LA County Service
Center- $31,000, Senior Services- $48,000 and the Handyworker Program- $180,000.
As an entitlement community with HUD, the City is required to implementmeasures to
affirmatively further fair housing in compliance with Title VIII' of the Civil Rights Act of
1968, as amended. By contracting with the Fair Housing Council of San Fernando,
complaints regarding housing discrimination are investigated and outreach, community
awareness, education, counseling services and general housing information are also provided.
The Los Angeles County, Santa Clarita Valley Service Center provides public social services
for low to moderate income City residents. Examples of these services are: providing support
and facilitating the City's neighborhood improvement programs, translation assistance to
spanish speaking residents, mediation, counseling, paralegal assistance, food, clothing and
homeless shelter services.
The Santa Clarita Valley Committee on Aging Senior Center Services provides services to
low and moderate income senior citizens who are at risk of being institutionalized and
support services to assist these residents in accessing services and benefits currently
available in the community and Los Angeles area.
Finally, the City's Handyworker program provides minor home rehabilitation services for low
and moderate income households. This program promotes repairs to improve the safety and
living conditions of the home, addresses code violations, and addresses cosmetic needs.
t�f 3a'iLi�+L
G��i�D Agenda 1ternQ4-
Priority in this program is given to person who are elderly, disabled and single parent
household applicants with emergency repairs. This program has been very successful in
exceeding the performance levels established by the City Council in last year's contract.
Although the City has been informed it will be receiving $973,000 in approved funding for
these previously contracted programs and services for the 1996-97 Program year, current City
contracts with these subrecipients are due to expire and require renewal by the City Council
to ensure that services are continued without any interruption to our residents. These
contracts are fully funded through the CDBG entitlement received from HUD and there are
no fiscal impacts to the General Fund.
RECOMMENDATION
Staff Recommends that the City Council;
1. Approve the City's CDBG subrecipient contracts for Program year 1996-97
2, Direct City staff to take the necessary actions needed to execute these contracts to
provide services to city residents.
ATTACHMENTS
Contracts available for review in the City Clerk's Reading File
City Of Santa Clarita 1996-97 CDBG Program Year
SANTA CLARITA VALLEY COMMITTEE ON AGING
HANDYWORKER PROGRAM
TABLE OF CONTENTS
1. AGREEMENT ..................................................... 6
2. SCOPE OF SERVICES .............................................. 7
3. TIME OF PERFORMANCE ............................................ 7
4. AGREEMENT ADMINISTRATION ....................................... 7
5. COMPENSATION AND METHOD OF PAYMENT 7
6. BUDGET SECTION ................................................. 8
7. EXPENDITURES................................................... 8
8. COMPLIANCE WITH LAWS ........................................... 8
9. INDEPENDENT CONTRACTOR ........................................ 9
10. INSURANCE..................................................... 9
12. INDEMNIFICATION AND HOLD HARMLESS ............................. 11
13. PROGRAM EVALUATION AND REVIEW ................................ 12
14. EXPENDABLE PERSONAL PROPERTY ................................. 12
15. NONEXPENDABLE PROPERTY ....................................... 12
16, PURCHASE OR LEASE OF NONEXPENDABLE PROPERTY OR EQUIPMENT .... 13
17. ALLOWANCES FOR LEASE OR RENTAL OF VEHICLE AND EQUIPMENT SPACE
.............................................................. 13
18. ACCOUNTING ............................................. ...... : 13
19. AFFIRMATIVE ACTION ............................................. 14
20. CHANGES....................................................... 14
21. CHANGES IN GRANT ALLOCATION .................................... 14
22. PROGRAM PUBLICITY ............................................. 14
23. JOINT FUNDING .................................................. 14
24. PROGRAM INCOME ............................._....... ...... 14
25. ASSURANCES ................................................... 15
26. NOTICES ....................................................... 15
27. ASSIGNMENT...................................................... 15
28. TERMINATION AND TERMINATION COSTS ................. .. ........ 15
29. FISCAL LIMITATIONS .............................................. 16
30. USE OF FUNDS FOR ENTERTAINMENT, MEAL, OR GIFTS .................. 17
31. CONFLICT OF INTEREST ........................................... 17
32. DISCRIMINATION ........................... 17
33. BUDGET MODIFICATIONS .......................................... 17
34. TIME OF PERFORMANCE MODIFICATIONS ............................... 18
35. AUDIT EXCEPTIONS BY STATE AND FEDERAL AGENCIES .................. 18
36. PURCHASE AND INVOICE DEADLINES ................................ 18
37. ACQUISITION OF SUPPLIES AND EQUIPMENT 19
38. MONITORING AND EVALUATION ..................................... 19
39. AUDITS......................................................... 20
40. FINANCIAL PHASEOUT PERIOD ..................................... 20
41. PERSONNEL ................................................... 20
A. STAFF SELECTION ............................................ 20
B. POLICIES ................................................ :.. 21
42. NEPOTISM...................................................... 21
43. RELIGIOUS AND POLITICAL ACTIVITIES ............................... 21
44. OUTSIDE EMPLOYMENT ............................................ 21
45. STAFF TRAVEL. .................................................. 22
46. EQUIPMENT PURCHASE DEADLINES ................................. 22
47, USE OF FUNDS .................................................. 22
48. REPORTS AND RECORDS ........... 23
49. REVERSION OF ASSETS ........................................... 23
50. RETENTION OF AND ACCESS TO RECORDS ............................ 23
51. ATTORNEY FEES ................................................. 24
52. EXTENT OF AGREEMENT .......................................... 24
EXHIBIT A: PROJECT DESCRIPTION ..................................... 26
A.1 INCOME LIMITS FOR ELIGIBILITY ................................ 33
A.2 RENTAL PROPERTY OWNER AGREEMENT ........................ 36
EXHIBIT B. BUDGET .................................................. 38
EXHIBIT C. LEAVE ACCRUAL SCHEDULE ................................. 44
EXHIBIT D. COST ALLOCATION PLAN ................................. 57
AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND
SANTA CLARITA VALLEY COMMITTEE ON AGING FOR IMPLEMENTATION OF
HANDYWORKER SERVICES FOR 1996-97 PROGRAM YEAR
THIS AGREEMENT is made and entered into in the City of Santa Clarita,
California, by and between the CITY OF SANTA CLARITA, hereinafter referred to as "City" and
SANTA CLARITA VALLEY COMMITTEE ON AGING (SCVCOA), hereinafter referred to as
"Subrecipient."
RECITALS
WHEREAS, the City of Santa Clarita supports the national objective of the Housing
and Community Development Act (HCDA) of 1974, as amended, which provides for the
development of viable urban communities by providing for decent housing and a suitable living
environment and expanding economic opportunities, principally for persons of low and moderate
income; and
WHEREAS, the City has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) to execute the City's Community Development Block
Grant (CDBG) Program (CDBG Agreement) which includes the Handyworker Services project
under Title I of the Housing Community Development Act of 1974, as amended, hereinafter called
the "Act," and
WHEREAS, Subrecipient desires to participate in said program and is qualified by
reason of preparation, organization, staffing and facilities to provide services. NOW,
THEREFORE, the parties hereto agree as follows:
1. AGREEMENT. This Agreement consists of this document and attachments: Exhibit
A, Project Description; Exhibit B, Budget; Exhibit C, Leave Accrual Schedule; and Exhibit D, Cost
Allocation Plan.
2
2. SCOPE OF SERVICES. Subrecipient is to perform all the services set forth in the
Project Description, Exhibit A to this Agreement, a copy of which is attached hereto and
incorporated herein by this reference.
3. TIME OF PERFORMANCE. Upon execution of the contract by the City and funding
approval from HUD, said services of Subrecipient are to commence and shall be completed no
later than June 30, 1997.
4. AGREEMENT ADMINISTRATION. The City's CDBG Program Coordinator or his/her
designee, hereinafter call the "City Project Coordinator", shall have full authority to act for the City
in administration of this Agreement consistent with the provisions contained herein.
5. COMPENSATION AND METHOD OF PAYMENT. For performance of such services,
the City will pay Subrecipient an amount of money not exceeding the sum of One Hundred Eighty
Thousand and no/100 dollars ($180,000), which payment shall constitute full and complete
compensation for Subrecipient's services under this Agreement. Said compensation will be paid
by the City out of Community Development Block Grant (CDBG) for Fiscal Year 1996/97. The
City will reimburse Subrecipient for preceding month's expenses incurred for services rendered
in an amount not to exceed $15,000 per month. On or before the tenth day of each calendar
month, starting with the calendar month of August, 1996, the Subrecipient shall submit to the City
a payment invoice and monthly progress report for the Subrecipient's previous month's expenses
and program activity, and a "work estimate and actual work order cost" sheet for each unit
completed during that month. Said payment invoice shall give the total monthly expenses owed
to Subrecipient, and shall also itemize the same detail conforming to the budget required by
Section 6 of this agreement. In order for payment to be processed, invoice and reports shall be
submitted with all required information, supporting source documentation and shall be satisfactory
to the City for payment to be approved. After timely receipt of each payment invoice and monthly
progress report, the City will draw a warrant in favor of the Subrecipient. The City will issue
7
payment according to the City's established demand warrant schedule and corresponding warrant
deadlines; no exceptions will be made. In the event the Subrecipient exceeds allowable monthly
allotment of $15,000, a written addendum to the invoice stating the reason must be attached..
Payment of additional sums will be subject to City approval and the CDBG Agreement. In
accordance with Section 49 any funds received by the Subrecipient, and not expended for
expenses incurred during the term of this Agreement, shall be promptly returned to the City upon
the expiration of the term of this agreement as set forth in Section 3 of this agreement.
Subrecipient may also be eligible for reimbursement of certain pre -agreement costs incurred prior
to the execution of this Agreement. Pre -agreement costs are eligible as specifically allowed under
HUD regulations, 24 CFR, Section 570.200(h) and are reimbursable to Subrecipient after the
execution of this Agreement.
6. BUDGET SECTION. No more than the amounts specified in the Budget, Exhibit B,
which is attached hereto and incorporated herein by this reference, may be spent for the separate
cost categories without prior written approval of the City Project Coordinator as provided in
section 33 of this Agreement.
7. EXPENDITURES. Expenditures made by Subrecipient in the operation of this
Agreement shall be in strict compliance and conformity with Budget set forth in Exhibit B and U.S.
Office of Management and Budget Circulars A-110 and A-122, unless prior written approval for
an exception is obtained from City.
8. COMPLIANCE WITH LAWS. All parties agree to be bound by applicable Federal,
State and local laws, ordinances, regulations, and directives as they pertain to the performance
of this Agreement. This Agreement is subject to and incorporates the terms of the Act; 24 Code
of Federal Regulations, Part 570; U.S. Office of Management and Budget Circulars A-122, "Cost
Principles for Non-profit Organizations," A-110, "Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non-profit Organizations," and A-133, "Audits of Institutions of
0
Higher Education and Other Non-profit Institutions."
9. INDEPENDENT CONTRACTOR. It is understood and agreed that the Subrecipient
is, and at all times shall be, an independent contractor and nothing contained herein shall be
construed as making the Subrecipient, or any individual whose compensation for services is paid
by the Subrecipient, an agent or employee of the City, or authorizing the Subrecipient to create
or assume any obligation or liability for or on behalf of the City.
10. INSURANCE. Without limiting Subrecipient's.indemnification of City, Subrecipient
shall provide and maintain at its own expense during the term of this Agreement a program of
insurance satisfactory to the City's Risk Manager covering its operations hereunder as specifically
defined:
(a) Liability Insurance. During the entire term of this agreement, Subrecipient agrees to
procure and maintain General/Public and Professional public liability insurance at its sole expense
to protect against, loss from liability imposed by law for damages on account of bodily injury,
including death therefrom, suffered or alleged to be suffered by any person or persons
whomsoever, resulting directly or indirectly from any act or activities of the city of Subrecipient,
or any person acting for the City, or Subrecipient or under its control or direction, and also to
protect against loss from liability imposed by law for damages to any property of any person
caused directly or indirectly by or from acts or activities of the City, or Subrecipient or under its
control or direction. Such public liability and property damage insurance shall also provide for and
protect the City against incurring any legal cost in defending claims for alleged loss. Such
General, Public and Professional liability and property damage insurance shall be maintained in
full force and effect throughout the term of the Agreement and any extension thereof in the
following minimum limits:
A combined single limit policy with coverage limits in the amount of $1,000,000 per
occurrence will be considered equivalent to the required minimum limits.
E
All of such insurance shall be primary insurance and shall name the City of Santa Clarita
as an additional insured.
If the operation under this Agreement results in an increased or decreased risk in the
opinion of the City Manager/City Project Coordinator, then Subrecipient agrees that the minimum
limits herein above designated shall be changed accordingly upon request by the City Manager.
Subrecipient agrees that provisions of this paragraph as to maintenance of insurance shall
not be construed as limiting in any way the extent to which the Subrecipient may be held
responsible for the payment of damages to persons or property resulting from Subrecipient
activities or the activities of any person or persons for which Subrecipient is otherwise
responsible.
(b) Worker's Compensation Insurance. The Subrecipient shall procure and maintain, at
its sole expense, Worker's Compensation Insurance in such amount as will fully comply with the
laws of the State of California and which shall indemnify, insure and provide legal defense for
both the Subrecipient and the City against any loss, claim, or damage arising from any injuries
or occupational diseases happening to any worker employed by the Subrecipient in the course
of carrying out the within Agreement.
(c) Automotive Insurance. The (Subrecipient) shall procure and maintain, at its sole
expense, throughout the term of this Agreement and any extension thereof public liability and
property damage insurance coverage for automotive equipment with coverage limits of not less
than $500,000 combined single limit. All such insurance shall be primary insurance and shall
name the City of Santa Clarita as an additional insured.
(d) Additional Insured. Concurrent with the execution of this agreement Subrecipient shall
provide the City with a certificate or certificates of such insurance naming the City as an additional
insured.
10
(e) Evidence of Insurance. A Certificate of Insurance, or an appropriate insurance binder,
evidencing the above insurance coverage with a company acceptable to the City's Risk
Management Officer shall be submitted to the City prior to execution of this Agreement on behalf
of the City.
(f) Notice to City. Insurance Coverage Change. The terms of the insurance policy or
policies issued to provide the above insurance coverage shall provide that said insurance may
not be amended or cancelled by the carrier, for non-payment of premiums otherwise, without thirty
(30) days prior written notice of amendment or cancellation to the City.
In the event the said insurance is cancelled, the Subrecipient shall, prior to the cancellation date,
submit to the City Clerk new evidence of insurance in the amounts heretofore established.
11. FAILURE TO PROCURE INSURANCE. Failure on the part of Subrecipient to procure
or maintain required insurance shall constitute a material breach of Agreement under which City
may immediately terminate this Agreement or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, and all monies so paid by City shall be
repaid by Subrecipient to City upon demand or City may offset the cost of the premiums against
any monies due to Subrecipient from City.
12. INDEMNIFICATION AND HOLD HARMLESS. Subrecipient, agrees to indemnify,
defend and save City and its agents and employees harmless from any and all liability, claims,
damages or injuries to any person, including injury to Subrecipient employees and all claims
which arise from or are connected with the performance of or failure to perform the work or other
obligations of this Agreement, or are caused or claim to be caused by the acts or omissions of
Subrecipient, its agents or employees, and all expenses of investigating and defending against
same; provided, however, that this indemnification and hold harmless shall not include any claim
arising from the sole negligence or willful misconduct of the City, its agents or employees.
13. PROGRAM EVALUATION AND REVIEW. Subrecipient shall make available for
11
inspection its performance, financial and all other records pertaining to performance of this
Agreement to authorized HUD personnel, and allow the City to inspect and monitor its facilities,
program operations, and units completed, including the interviewing of Subrecipient and program
participants. Subrecipient agrees to submit all data that is necessary to complete the City's
Annual Grantee Performance Report and monitor the Subrecipient for program accountability and
progress in accordance with applicable HUD requirements and City performance goals.
14. EXPENDABLE PERSONAL PROPERTY. Expendable personal property refers to all
tangible personal property other than nonexpendable personal property. Upon termination of this
agreement, if purchased expendable property has an aggregate value of One Thousand Dollars
($1,000) or more, any sale of said property must be preapproved in writing by the City Project
Coordinator or his designee.
15. NONEXPENDABLE PROPERTY. A record shall be maintained for each item of
nonexpendable property acquired for this program consistent with the property management
standards set forth in 41 Federal Register 148; Attachment N, Circular No A-110. This record
shall be provided to the City upon each purchase. Nonexpendable property shall include only
tangible personal property. Non -expendable personal property means tangible personal property
having a useful life of more than one year and an acquisition cost of three hundred dollars ($300)
or more per unit. A description of all security devices, including, but not limited to, door and
window locks, window bars, grills, and screens shall be submitted to the City for approval prior
to purchase. Any sale or other use or disposition of nonexpendable property having a unit
acquisition cost of one thousand dollars ($1,000) or more must have prior approval of the City and
otherwise comply with all applicable laws and regulations including without limitation Circular
A-110. In case of the Agreement's termination, the City reserves the right to determine the final
12
disposition of said nonexpendable property acquired for this program, including funds derived
therefrom. Said disposition may include the City taking possession of said nonexpendable
property.
16. PURCHASE OR LEASE OF NONEXPENDABLE PROPERTY OR EQUIPMENT.
Subrecipient shall obtain three (3) written documented bids prior to purchasing or leasing any
nonexpendable personal property or equipment of Three Hundred Dollars ($300) in unit value as
approved in the Budget, Exhibit B. Bids shall require approval of the City Project Director prior
to purchase or lease.
Items over Three Hundred Dollars ($300) in unit value and having a life expectancy of more than
one (1) year shall be properly identified and inventoried and shall be charged at its actual price
deducting all cash discounts, rebates, and allowances received by Subrecipient. This inventory
shall be provided to the City upon request.
17. ALLOWANCES FOR LEASE OR RENTAL OF VEHICLE AND EQUIPMENT SPACE.
The City will approve vehicle and/or equipment space requirements necessary for Agreement
performances, at costs using prevailing area rates and space allocations. Vehicle lease or rental
expenses shall be prorated to reflect only the proportional use attributable to work performed
under this agreement. The City will not reimburse expenses incurred while performing activities
under contract for other agencies.
18. ACCOUNTING. Subrecipient must establish and maintain on a current basis an
adequate accrual accounting system in accordance with generally accepted accounting principles
and standards, and OMB Circular A-110.
19. AFFIRMATIVE ACTION. Subrecipient shall make every effort to ensure that all
projects funded wholly or in part by CDBG funds shall provide equal employment and career
advancement opportunities for minorities and women. In addition, Subrecipient shall make every
13
effort to employ residents of the area and shall keep a record of the positions that have been
created directly or as a result of this program.
20. CHANGES. The City may, from time to time, request changes in the Scope of
Services of Subrecipient to be performed hereunder. Such changes, including any increase or
decrease in the amount of Subrecipient's compensation, which are agreed upon by and between
the City and Subrecipient shall be incorporated into this Agreement by written amendments.
21. CHANGES IN GRANT ALLOCATION. The City reserves the right to reduce the grant
allocation when the City's fiscal monitoring indicates that Subrecipient's rate of expenditure will
result in unspent funds at the end of the program year.
Changes in the grant allocation done after original approval will be incorporated into this
Agreement by written amendments.
22. PROGRAM PUBLICITY. Subrecipient shall develop a community outreach and
publicity program designed to provide information relative to available City Handyworker services
under this program to potential program participants living in the City of Santa Clarita. The
community outreach and publicity program requires prior approval of the City Project Coordinator.
23. JOINT FUNDING. For programs in which there are sources of funds in addition to
those identified in Exhibit B, Subrecipient shall provide proof of such funding. The City shall not
pay for any services provided by Subrecipient which are funded by other sources. All
restrictions and/or requirements provided in this Agreement relative to accounting, budgeting, and
reporting apply to the total program regardless of funding sources.
24. PROGRAM INCOME. Program income as defined in 24 CFR 570.500 and 570.504(c)
shall be recorded as part of the financial transactions of the Handyworker Program and shall be
returned to the City.
25. ASSURANCES. Subrecipient hereby assures and certifies that it has complied with
the Act, applicable regulations, policies, guidelines and requirements, OMB Circular A-110, A-122,
14
and A-133 and that it will comply with all applicable Federal, State and City laws and regulations
as they relate to acceptance and use of Federal funds for this Federally assisted program.
Furthermore, Subrecipient gives assurances and certifies that it will comply with the provisions
of 41 Code of Federal Regulation 60-1.4, 24 Code of Federal Regulations 570.502 and 24 Code
of Federal Regulations 135.20 each of which are incorporated herein by this reference.
Subrecipient further assures and certifies that it will comply with any future amendments or
changes to said required assurances and that during the term of this Agreement will maintain
current copies of said assurances at the address specified in Section 26 below.
26. NOTICES. All notices shall be served in writing. The Notices to Subrecipient shall
be sent to the following address: Executive Director, Handyworker Division, Santa Clarita Valley
Committee on Aging, 22900 Market Street, Newhall, CA 91321. Notices, reports and statements
to the City shall be delivered or sent to City CDBG Program Coordinator, 23920 Valencia
Boulevard, Suite 300, Santa Clarita, CA 91355.
27. ASSIGNMENT. This agreement is not assignable by Subrecipient without the express
written consent of the City. Any attempt by Subrecipient to assign any performance of the terms
of this Agreement shall be null and void and shall constitute a material breach of this Agreement.
28. TERMINATION AND TERMINATION COSTS. This Agreement may be terminated
at any time by either party without cause, upon giving thirty (30) days written notice. City may
immediately terminate this Agreement by written notice upon the termination, suspension,
discontinuation or substantial reduction in CDBG funding for the Agreement activity, or if for any
reason the timely completion of the work under this Agreement is rendered improbable, infeasible
or impossible. In such event, Subrecipient shall be compensated for all services rendered and
all necessarily incurred costs performed in good faith in accordance with the terms of this
Agreement that have not been previously reimbursed, to the date of said termination to the extent
15
CDBG funds are available. In accordance with 24 CFR 85.43, suspension or termination may
occur if the subrecipient materially fails to comply with any term of the award and the award may
be terminated for convenience in accordance with 24 CFR 85.44.
29. FISCAL LIMITATIONS. The United States of America through HUD in the future may
place programmatic fiscal limitation(s) on CDBG funds not presently anticipated. Accordingly, the
City reserves the right to revise this Agreement in order to take into account actions affecting
HUD program funding. In the event of funding reduction, the City may reduce the budget of this
Agreement as a whole or as a cost category, may limit the rate of Subrecipient's authority to
commit and spend funds, or may restrict Subrecipient's use of both its uncommitted and its
unspent funds. Where the U.S. Department of HUD has directed or requested the City to
implement a reduction in funding, in whole or as to cost category, with respect to funding for this
Agreement, City Project Coordinator may act for the City in implementing and effecting such a
reduction and in revising the Agreement for such purpose. Where City Project Coordinator has
reasonable grounds to question the fiscal accountability, financial soundness, or compliance with
this Agreement of Subrecipient, City Project Coordinator may act for the City in suspending the
operation of this Agreement for up to Thirty (30) days upon three (3) days' written notice to
Subrecipient of his intention to so act, pending an audit or other resolution of such questions. In
no event, however, shall any revision made by the City affect expenditures and legally binding
commitments made by Subrecipient before it received notice of such revision, provided that such
amounts have been committed in good faith and are otherwise allowable and that such
commitments are consistent with HUD cash withdrawal guidelines.
30. USE OF FUNDS FOR ENTERTAINMENT, MEAL, OR GIFTS. Subrecipient certifies
and agrees that it will not use funds provided through this Agreement to pay for entertainment,
meals, or gifts.
31. CONFLICT OF INTEREST. Subrecipient, its agents and employees shall comply with
16
all applicable Federal, State, County, City laws and regulations governing conflict of interest. To
this end, Subrecipient will make available to its subcontractors, vendors, or personal service
providers, including subsidiaries of the agents and employees, copies of all applicable Federal,
State, County, and City laws and regulations governing conflict of interest. Subrecipient shall
furnish to the City prior to execution of the Agreement, a written list of all current or proposed
subgrantees/subcontractors, vendors, or personal service providers, including subsidiaries of
Subrecipient. This list should be limited to those subgrantees/subcontractors, vendors or personal
service providers, including subsidiaries of Subrecipient, which will receive Ten Thousand Dollars
($10,000) or more during the term of this Agreement.
Such a list shall include the names, addresses, telephone numbers, and identification of principal
party(ies) and a description of services to be provided. During the term of this Agreement,
Subrecipient shall notify the city in writing of any change in the list of subgrantees/subcontractors,
vendors, personal service providers or subsidiaries of Subrecipient within fifteen (15) days of any
change.
32. DISCRIMINATION. In accordance with Public Law 88-352, No person shall, on the
grounds of age, race, sex, creed, color, religion, or national origin, be excluded from participating
in, be refused the benefits of, or otherwise be subjected to discrimination in any activities,
programs, or employment supported by this Agreement.
33. BUDGET MODIFICATIONS. City Project Coordinator may grant budget modifications
to this agreement for the movement of funds within the budget categories identified in Exhibit B,
Budget, when such modifications:
a. Do not exceed $10,000 per budget cost category;
b. Are specifically requested by Subrecipient; in writing;
C. Do not alter the amount of compensation with this Agreement;
d. Will not change the project goals or scope of services;
17
e. Are in the best interest of the City and Subrecipient in performing the scope of
services under this Agreement;
f. Related to salaries, are in accordance with applicable salary ordinances or laws;
g. City Project Coordinator, subject to the restrictions in Sections 31 and 32 may
authorize reallocation of Budget line items and other items within Handyworker
Services program; and
h. Is consistent with the CDBG agreement.
34. TIME OF PERFORMANCE MODIFICATIONS, City Project Coordinator may grant
time of performance modifications to this Agreement (see Section 3) when such modifications:
a. In aggregate do not exceed twelve (12) calendar months and;
b. Are specifically requested by Subrecipient in writing.
35. AUDIT EXCEPTIONS BY STATE AND FEDERAL AGENCIES. Subrecipient agrees
that in the event the program established hereunder is subject to audit exceptions by appropriate
State and Federal audit agencies, it shall be responsible for complying with such exceptions and
paying the U.S. Department of Housing and Urban Development the full amount of City's liability
to the funding agency resulting from such audit exceptions.
36. PURCHASE AND INVOICE DEADLINES. Purchase of equipment and supplies must
be completed before the last month of the Agreement period and all equipment and supply bills
are to be paid before the last month of this period. Invoices for all obligations incurred under this
Agreement must be submitted to the City within sixty (60) days from when the indebtedness is
incurred or they may be subject to disallowance. Payment invoices which have not been
submitted for payment prior to the termination date of this Agreement, must be forwarded to the
City with thirty (30) days after the Agreement termination date or they may not be honored.
M
Exceptions to the preceding limitations require prior written approval by City Project Coordinator.
37. ACQUISITION OF SUPPLIES AND EQUIPMENT. Following approval by the City for
necessary supplies and equipment for Agreement performance, Subrecipient may purchase from
a related agency/organization only if: (a) prior authorization is obtained in writing from the City;
(b) no more than maximum prices or charges are made and no less than minimum specifications
are met as provided in writing by the City; (c)'a community related benefit is derived from such
Subrecipient related acquisition; and (d) no conflict of interest for private gain accrues to
Subrecipient or its employees, agents or officers.
38. MONITORING AND EVALUATION. The City will monitor, evaluate, and provide
guidance to Subrecipient in the performance of this Agreement. Authorized representatives of
the City and U.S. Department of Housing and Urban Development Department shall have the right
of access to all activities and facilities operated by Subrecipient under this Agreement. Facilities
include all files, records, and other documents related to the performance of this Agreement.
Activities include attendance at staff, board of directors, advisory committee, and advisory board
meetings, and observation of on-going program functions. Subrecipient will ensure the
cooperation of its staff and board members in such efforts. City Project Coordinator will conduct
periodic program progress review. These reviews will focus on the extent to which the planned
program has been implemented and measurable goals achieved, effectiveness of program
management, and impact of the program. Subrecipient shall provide City Project Coordinator with
a monthly work schedule ten (10) days prior to the month for which repairs are scheduled.
Monthly work schedule shall identify work site address, types of repairs schedule, estimated
days/hours on work site and workers assigned to work site by type of repair to be completed.
39. AUDITS. Subrecipient program will be audited in accordance with City's policy and
funding source guidelines. Audits may also be conducted by Federal or State funding source
19
agencies. The City or its authorized representatives shall at all times have access for the
purpose of audit or inspection to any and all books, documents, papers, records, property, and
premises of Subrecipient. Subrecipient's staff will cooperate fully with authorized auditors when
they conduct audits and examinations of program. If indications of misappropriation or
misapplication of the fund of this Agreement cause the City to require a special audit, cost of the
audit will be encumbered and deducted from this Agreement budget. Should the City
subsequently determine that the special audit was not warranted, the amount encumbered will
be restored to the Agreement budget.
40. FINANCIAL PHASE OUT PERIOD. Subrecipient agrees to complete all necessary
financial phase out procedures required by the City Project Coordinator, within a period of not
more that forty-five (45) calendar days from expiration date of this Agreement. This time period
will be referred to as the financial phase-out period. The City is not liable to provide
reimbursement for any expenses or costs associated with this Agreement after the expiration of
the financial phase out period. After expiration of financial phase out period, those funds not paid
to Subrecipient under this Agreement, if any, may be immediately reprogrammed by City into
other eligible activities in the City. The City Project Coordinator shall request a final financial audit
for activities performed under this Agreement at expiration of the final phase out period.
41. PERSONNEL
A. STAFF SELECTION. The City may participate with Subrecipient in the interview
and selection of Handyworker Program staff. The City shall have veto power over selection of
the Program Supervisor. Changes in levels or number of classifications shall be submitted in
writing to City for approval.
B. POLICIES. City may review Subrecipient's personnel policies and may make
20
available to Subrecipient personnel policies developed by City. These personnel policies are
optional with Subrecipient, unless City verifies personnel management problems during the
Agreement period, in which instance City's Project Coordinator may require use of such
personnel practices, including use of City developed personnel policies, as a condition of
continued funding of future Agreement awards. Personnel policies may include, but are not
limited to, staff size and levels, salaries, supervisory -subordinate ratios, consultant fees, fringe
benefits and other related matters.
42. NEPOTISM. Subrecipient shall not hire nor permit hiring of any person to fill a
position funded through this Agreement if a member of that person's immediate family is
employed in an administrative capacity by Subrecipient.
For the purposes of this section, the term "immediate family" means spouse, child, mother, father,
brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law,
daughter-in-law, aunt, uncle, niece, nephew, step-parent, and step -child. The term "administrative
capacity" means having selection, hiring, supervisory or management responsibilities, including
serving on the governing body of Subrecipient.
43. RELIGIOUS AND POLITICAL ACTIVITIES. Subrecipient agrees that funds under this
Agreement will be used exclusively for performance of the work required under this Agreement,
and that no funds made available under this Agreement shall be used to promote religious or
political activities in connection with the performance of this Agreement.
44. OUTSIDE EMPLOYMENT. In its written personnel policies, Subrecipient shall include
the following provisions governing outside employment of its employees:
a. Such employment shall not interfere with efficient performance of the employee's
duties in the program of this Agreement;
b. Such employment shall not involve a conflict of interest or an appearance of
conflict with the employee's duties in the program of this Agreement;
21
C. Such employment shall not involve the performance of duties which the employee
should perform as part of his employment in the program of this Agreement; and
d. Such employment shall not occur during the employee's regular or assigned
working hours in the program of this Agreement, unless during the entire day on
which such employment occurs, the employee is on vacation, compensatory leave
or leave without pay.
Subrecipient shall establish effective procedures to enforce these provisions and must provide
specific procedures regarding outside employment of its full-time personnel whose duties are not
readily confined to a standard work -day or work -week.
Personnel includes, but is not limited to, Executive Directors, neighborhood workers, and other
employees whose responsibilities may require them to be available for duty during evenings or
on weekends.
45. STAFF TRAVEL. Subrecipient shall not incur any expenditures for travel outside of
Los Angeles County, without prior written approval of City.
46. EQUIPMENT PURCHASE DEADLINES. Subrecipient must purchase all
administrative equipment approved in the Agreement prior to the last four (4) months of the
Agreement. All purchase of administrative equipment and property must be in the possession
of Subrecipient prior to the last three (3) months of the Agreement.
After City approves administrative equipment necessary for Agreement performance,
Subrecipient may purchase from private vendors, provided requirements are met as specified in
OMB Circulars A-110 and A-122.
47. USE OF FUNDS. All funds approved under this Agreement shall be used solely for
costs approved in the program budget for this Agreement. Agreement funds shall not be used
as a cash advancement, to guarantee payments for any non -program obligations, or as loans for
22
non -program activities. Separate financial and program records shall be kept for each funding
source.
48. REPORTS AND RECORDS. Subrecipient agrees to prepare and submit financial,
program progress, monitoring, evaluation, inventory and other reports as required by City.
Subrecipient shall maintain, and permit on-site inspections of, such property, personnel, financial
and other records and accounts as are considered necessary by City to assure proper accounting
for all Agreement funds. Subrecipient will ensure that its employees and board members furnish
such information which, in the judgment of City representatives, may be relevant to a question
of compliance with contractual conditions with City directives, or with the effectiveness, legality
and achievements of the program.
49. REVERSION OF ASSETS. Subrecipient shall transfer to the City any CDBG funds
on hand at the time of expiration of Agreement and any accounts receivable attributable to the
use of CDBG funds. An audit may be required of Subrecipient in accordance with Section 39 of
the agreement. Subrecipient will ensure that any real property under the Subrecipient's control
that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either:
1. Used to meet one of the national objectives until five years after expiration of the
Agreement, or for such longer period of time as determined to be appropriate by
Subrecipient; or
2. Disposed of in a manner that results in the Subrecipient being reimbursed in the
amount of the current fair market value of the property less any portion of the
value attributable to expenditures of non-CDBG funds for acquisition of, or
improvement to, the property.
50. RETENTION OF AND ACCESS TO RECORDS. The City, HUD or any other duly
authorized representative shall have the right of access to any books, documents, papers and
23
records of the Subrecipient which are directly pertinent to the contract for the purpose of making
audit or examination, for three years after final payments and all other pending matters are
closed.
51. ATTORNEY FEES. In the event legal proceedings are necessary to enforce the
terms, provisions or conditions of this Agreement, the prevailing party in such legal proceeding
shall be entitled to recover reasonable attorney fees.
52. EXTENT OF AGREEMENT. This Agreement with attachments represents the entire
and integrated Agreement of the parties and supersedes any and all prior negotiations,
representations, or agreements, either written or oral. This Agreement may be amended only by
written instrument signed by both parties.
24
Executed on this day of
SANTA CLARITA VALLEY
COMMITTEE ON AGING:
President
Attest:
BY=
Donna M. Grindey
City Clerk
Approved as to form:
Rv.
City Attorney
SCL\RG:tan
CDBGegn mn[2
1996 at the City of Santa Clarita.
CITY OF SANTA CLARITA:
By.
George Caravalho
City Manager
25
CITY OF SANTA CLARITA
HANDYWORKER SERVICES PROGRAM
Fiscal Year 1996-97
EXHIBIT A. PROJECT DESCRIPTION
Program Purpose and Beneficiaries
The purpose of the Handyworker Services Program is to provide labor and materials to
approximately "95" low and moderate households for minor housing rehabilitation services for
eligible homeowner and renter households. The program's intent, in order of priority, is to
promote repairs to improve the safety and living conditions of the home, address code violations
and address cosmetic needs. The services of the program will principally benefit lower income
persons living within the City of Santa Clarita. Services will be provided on a first-come, first-
served basis, but priority will be given to the elderly, disabled, and single -parent households
applicants with emergency repairs. Renters living in single detached homes may participate, if
permission is granted by owner of property and the property owner who receives Handyworker
services agrees to rent the property at "affordable" rates (i.e. rents, not exceeding thirty -percent
(30%) of the overall annual household income of the tenant.) Of the total of homes receiving
services, if possiblbe, one-third of services will be provided in East Newhall Census Tract
9203.11, Bg 3,4,9 (1980 Census) and the other two-thirds will be provided in the remaining areas
of the City comprised of Census Tracts: 9108.01, 9200.03, 9200.11, 9200.12, 9200.13, 9200.21,
9200.22, 9200.23', 9200.24', 9200.25, 9201.01, 9201.02, 9203.11', 9203.12, 9203.13`, 9203.21',
9203.22', 9203.24', 9302. Priority will be given to single family residences and Mobilehomes.
26
Scope of Services
The Handyworker program consists of providing free labor and materials to eligible homeowners
and renter occupied household for minor rehabilitation and maintenance repairs, and installation
of security and energy conserving devices which do not require a permit. An "eligible applicant'
is defined as a household consisting of one or more persons who occupy a single family
detached house where the household income does not exceed the current very low and lower
income limits based on the United States Housing and Urban Development Department current
estimates of the median family income at the time eligibility for participation is determined.
Applicants may participate in the program more than once, but may participate not more than
once per year, and must be screened for eligibility on each occasion. The following types of
activities will be provided by the selected Agency under agreement with the City of Santa Clarita.
A. Community Outreach
A marketing program will be designed to provide awareness of the program in the community to
potential program participants. Flyers, press releases, radio announcements and other written
materials will be prepared and distributed throughout the community. Development of publicity
materials must be approved by the Project Coordinator.
B. Screening Applicants
Potential applicants who make inquiries for Handyworker services will be informed on the extent
of the work which can be performed, advised of eligibility and application requirements, interview
and all other pertinent procedures. Signed contracts will be executed with all program applicants
prior to commencing work. In the case of rental properties, a rental property owner agreement
(RPO) will be secured from the owner and all tenants prior to commencement of any work.
27
This RPO agreement acknowledges that upon completion of rehabilitation, any rental unit
receiving Handyworker assistance will be occupied by low -to -moderate income households at
affordable rates which shall not annually exceed thirty -percent (30%) of the overall annual
household income of the applicant for at least one year following completion of Handyworker
services. The Agency will make available to the existing tenant a copy of the signed RPO
agreement. In case the rental rate exceeds the affordable rate at any time during the one-year
period, the property owner shall repay to the City the cost of repairs incurred by the Handyworker
Program.
C. Site Work
Work sites will be visited by the Handyworker Supervisor to ascertain extent, nature and cost of
work and to arrange for a mutually agreeable time and date for the Handyworker to commence
the agreed upon work. A work order will be prepared by the Handyworker Supervisor and client
prior to beginning the work. A copy will be given to the client and a copy kept in the job files.
The actual repair work will be supervised by the Handyworker Supervisor. Upon completion of
the work, within seven working days, the Handyworker Supervisor will inspect the completed work
and owner and/or tenant will sign Work Certification form attesting to satisfaction with work
performed. In the event that the work is not complete or unsatisfactory, Handyworker Program
will take corrective action.
D. Provided Services
The following services may be provided, up to a maximum of $2,000.00 per job. Exceptions will
be made on a case by case basis to this limit, upon written request, justifying the need to
exceed allowable job limit, provided such services do not require a permit except as noted. If
service is eligible and requires permit, the City will waive fee. Fee waiver must be obtained in
M
writing prior to initiating repairs. Handyworker will be responsible for compliance with the
standards of the City's Building and Safety Department.
Specifically, the Handyworker Program supervisor will verify the permit for repairs marked below
with asterisk (").
I. Interior/Exterior Repairs
a. Painting and finishing of walls and ceilings.
b. Wall resurfacing, i.e., stucco, plaster, wallboard, and patching.
C. Installation of devices for the elderly or handicapped i.e., ramps", handrails,
bathroom fixtures.
d. Roofing repairs i.e., clean or repair existing roof', gutters, downspouts, caulking.
Cost for installation of entire roof cannot exceed $2,000, and requires permit.
e. Electrical repairs" to existing wiring, wiring devices, lighting fixtures, and safety
switches.
f. Plumbing repairs' to water, gas or sanitary waste and drainage piping, water
heater or plumbing fixtures.
g. Heating system, to existing or new system' and thermostat.
h. Repairs to or replacement of doors, windows', screens and skylights.
L Bathroom and kitchen tile work.
j. Repairs to secure premises against vermin.
k. Removal of lead-based paint,
I. Other minor repairs which do not require permit.
4E
2. Energy Conservation Activities
a. Weatherstripping doors, windows, caulking, replace glazing.
b. Water heater'.
C. Replacement of defective fixtures with energy efficient lighting fixtures.
d. Replacement of defective fixtures with energy efficient plumbing fixtures for toilets
and showers.
3. Security/Safety Improvements
All security and safety devices shall be subject to the review and approval of the City
Project Director prior to installation.
a. Security screens and security bars. Security bars may only be installed on
bedroom windows of units with approval of City's Building and Safety Department
and Los Angeles County Fire Department.
b. Dead -bolt locks.
C. Window locks.
d. Door peepholes.
e. Repairs to fencing, if free-standing structures do not require permit.
f. Battery-operated smoke detectors.
g. Safety lighting.
h. Other crime prevention or Safety improvements.
E. Procurement and storage of Supplies and Equipment
Procurement of supplies and equipment shall comply with the standards identified in
Attachment 0 of the Office of Management and Budget Circular A-110. If an applicant has
quality usable materials, they can be included as part of the $2,000.00 maximum for materials
30
and labor. Applicants will be encouraged to make such materials available.
All equipment, materials and supplies will be procured and stored by Agency in a secure, locked
area. Materials shall be inventoried on a monthly basis with daily usage controlled by written
records (stock transfer slips) which shall be reconciled monthly with records of purchases and
inventory counts. General inventories shall be kept to a minimum and materials shall be
purchased for each job, with copies of expenditure documentation maintained in each job file.
Surplus equipment and unused supplies purchased with funds provided under this contract that
remain at the termination of this contract shall be itemized by Agency and either used during an
extension or continuation of this project, or turned over to the City upon termination of the
project.
F. Procurement of Services
Procurement of services provided by persons who are not employees of Agency shall be
approved in advance by the City and shall conform to the requirements of Attachment 0 of
OMB Circular A-110 and Circular A-122. A minimum of three written bids shall be solicited
with the service agreement awarded to the lowest responsible bidder. Copies of all related
documentation in the procurement of outside services shall be transmitted promptly to the
City.
G. Client Files and Reports
Detailed records will be kept on each job applicant noting name of beneficiary, address,
census tract, type of work performed, cost of labor and materials and number of hours to
complete work. Job files shall include the intake form, completion sign -offs, lead based paint
notification form, and receipts for materials and stock transfer slips. Reports will be provided
on a monthly basis which summarize the number of inquiries about the program, the total
31
number of household and type of jobs completed by census tract for both renters and
homeowners, the number and type of jobs completed for households headed by a single
parent, seniors, disabled and low and moderate income persons by census tract.
Employee records will be maintained including hours worked and rate of pay. A monthly account
of actual expenditures for personnel, travel, space, equipment/supplies, and any other
expenditures will be provided on supplied forms and accompanied by appropriate expenditure
documentation as required by the U.S. Department of Housing and Urban Development and the
City of Santa Clarita.
H. Coordination with Utility Companies
Whenever possible, the Agency will coordinate with the utility companies (Southern California
Edison and the Southern California Gas Company) to take advantage of utility sponsored
energy efficiency programs such as rebate programs and free or low cost energy audit or
improvement programs. Utility sponsored programs shall be incorporated into the Agency's
Handyworker Program to maximize benefits to the low income households. For example,
evaporative coolers are installed by Southern California Edison in the homes of low income
households.
'Census tract entirely within City limits
32
A.1 INCOME LIMITS FOR ELIGIBILITY
33
A.2 RENTAL PROPERTY OWNER AGREEMENT
35
EXHIBIT B. BUDGET
36
EXHIBIT C. LEAVE ACCRUAL SCHEDULE
RN
EXHIBIT D. COST ALLOCATION PLAN
CDBGlegr emnt2
M
City of Santa Clarita 1996-97 CDBG Program Year
FAIR HOUSING COUNCIL OF SAN FERNANDO
SERVICES AGREEMENT
TABLE OF CONTENTS
1. AGREEMENT......................................................... 2
2. SCOPE OF SERVICES. .................................................. .... ................. 2
3. TIME OF PERFORMANCE.................................................. 2
4, AGREEMENT ADMINISTRATION. ........... ............................. 2
5. COMPENSATION AND METHOD OF PAYMENT ............................. 2
6. EXPENDITURES . ..................:......... 3
7. COMPLIANCE WITH LAWS .............................................. 3
8. INDEPENDENT CONTRACTOR. ............ ............................... 4
9. INSURANCE ........................................ .. .. 4
a. Worker's Compensation ....................................... 4
b: Liability Insurance ........ ..................................... 4
c. Automotive Insurance . ........................ ......... . 5
d. Blanket Honesty Bond ....... .... ......................... . 5
e. Additional Insured. .................. ..... .............. 5
f. Property Coverag_e...................... ; :.. , ....... 5
g. Cancellation ............................................... 6
10. FAILURE TO PROCURE INSURANCE. ............................ ...... 6
11. INDEMNIFICATION AND HOLD HARMLESS . ....... ................... 6
12. MONITORING AND EVALUATION. ........ . . . ....:.................... 6
13. EXPENDABLE PERSONAL PROPERTY ..................................... 7
14. NONEXPENDABLE PROPERTY: .......... ................ . < ........ 7
15. PURCHASE OR LEASE OF NONEXPENDABLE PROPERTY OR EQUIPMENT.
._. ... ...... ...... 7
16. ALLOWANCES FOR LEASE OR RENTAL OF VEHICLE AND EQUIPMENT
SPACE . ....................................... ... . 8
17. RECORDS AND REPORTING . ............................................ 8
a. Accounting .................................. 8
b. Reports and Audits ........................................... 8
18. AFFIRMATIVE ACTION . ............................................... 8
19. CHANGES. ............. ... 9
20, CHANGES IN GRANT ALLOCATION................ ...................... 9
21.PROGRAM PUBLICITY. ................................................. 9
22. LOINT FUNDING ...................................................... 9
23. PROGRAM INCOME . .............. ........ ............................ 9
24. ASSURANCES....................................................... 10
25. NOTICES............................................................ 10
26. ASSIGNMENT........................................................ 10
27. TERMINATION AND TERMINATION COSTS. .. _ .......................... 10
28. FISCAL LIMITATIONS. ............................................... 11
29, USE OF FUNDS FOR ENTERTAINMENT: MEAL, OR GIFTS. 12
30. CONFLICT OF INTEREST. .......... .... .......... ..... ............. 12
31. DISCRIMINATION . ..................... ............................ 12
32. BUDGET MODIFICATIONS..... ............................ ...... _ . ... 12
33. TIME OF PERFORMANCE MODIFICATIONS ... . ..:. ................... 13
34. AUDIT EXCEPTIONS BY STATE AND FEDERAL AGENCIES . .............. .... _ 13
35. PURCHASE AND INVOICE DEADLINES........ .............:..:..:..... 13
36. ACQUISITION OF SUPPLIES AND EQUIPMENT ......... ................... 13
37. AUDITS............................................................ 14
38. FINANCIAL PHASEOUT PERIOD. ....... ... ............ .... 14
39. PERSONNEL POLICIES ............................ ................... 14
40. NEPOTISM . .................................... .................... 15
41. RELIGIOUS AND POLITICAL ACTIVITIES....................... - 15
42. OUTSIDE EMPLOYMENT ............................................... 15
43. STAFF TRAVEL ....................................................... 16
44. USE OF FUNDS. . ................................ ..................... 16
45. RETENTION OF AND ACCESS TO RECORDS.......... ................... 16
46. ATTORNEY FEES ...................................................... 16
47. REVERSION OF ASSETS ..... ............................. ............. 16
48. EXTENT OF AGREEMENT........... ........................................ 17
EXHIBIT A: PROJECT DESCRIPTION ........................................ 18
EXHIBIT B: BUDGET ...................................................... 19
EXHIBIT C. PROJECT PROGRESS REPORT ....................... _ ......... .. 20
EXHIBIT D: COST ALLOCATION PLAN .................................. 21
AGREEMENT BETWEEN THE CITY OF SANTA CLARITA
AND FAIR HOUSING COUNCIL OF SAN FERNANDO
FOR THE IMPLEMENTATION OF THE FAIR HOUSING SERVICES PROGRAM
THIS AGREEMENT is made and entered into in the City of Santa Clarita, California,
by and between the CITY OF SANTA CLARTTA, hereinafter referred to as "City" and
FAIR HOUSING COUNCIL OF SAN FERNANDO, hereinafter referred to as
"Subrecipient."
RECITALS
A. WHEREAS, the City of Santa Clarita supports the national objective of the
Housing and Community Development Act (HCDA) of 1974, as amended, which
provides for the development of viable urban communities by providing for decent
housing and a suitable living environment and expanding economic opportunities,
principally for persons of low and moderate income; and
B. WHEREAS, City has entered into an Agreement with the U.S. Housing and
Urban Development Department (HUD) to execute the City's Community Development
Block Grant Program (CDBG Agreement) under Title I of the Housing Community
Development Act of 1974, as amended, hereinafter called the "Act," and
C. WHEREAS, itis a duty of the City as an entitlement CDBG grantee through Title
I, Section 104 (b)(2) of the Act to conduct and administer the CDBG Program and related
activities in conformity with Public Law 88-352 and Public Law 90-284 and to
affirmatively further fair housing in a manner to further the purposed of Title VIII of the
1
Civil Rights Act of 1968, as amended.
D. WHEREAS, Title VIII of the Civil Rights Act of 1968, as amended prohibits any
person from discriminating in the sale or rental of housing, the financing of housing, or
brokerage services, including in any person, because of race, color, religion, sex, national
origin, familial status or handicap.
E. WHEREAS, the City desires to undertake CDBG eligible activities design to
further the provisions of the Act by actively supporting and promoting freedom of
residence in the City to the extent that all person, regardless of race, color, religion; sex,
national origin, familial status or handicap will be allowed the same opportunity to
secure housing they desire and can afford.
F. WHEREAS, Subrecipient desires to participate in said program and is qualified
by reason of experience, preparation, organization, staffing and facilities to provide
services.
NOW, THEREFORE, the parties hereto agree as follows:
1. AGREEMENT. This Agreement consists of this Agreement and attachments:
Exhibit A, Project Description, Exhibit B, Budget and Exhibit C, Project Progress Report..
2. SCOPE OF SERVICES. Subrecipient shall provide all the services set forth in the
Exhibit A, Project Description, to this Agreement, a copy of which is attached hereto and
incorporated herein by this reference.
3. TIME OF PERFORMANCE. Upon execution of this Agreement between the City
and Subrecipient, said services are to commence and shall be completed no later than
June 30, 1997.
4. AGREEMENT ADMINISTRATION. The City's CDBG Program Coordinator, or
his/her designee, hereinafter called the "City Project. Coordinator," shall have full
authority to act for City in the administration of this Agreement consistent with the
provisions contained herein.
5. COMPENSATION AND METHOD OF PAYMENT. The City shall pay
Subrecipient an amount not exceeding the sum of fifteen thousand seven hundred eighty
dollars ($15,780), which payment shall constitute full and complete compensation for
Subrecipient's services under this Agreement, as detailed in Exhibit A, Project
Description, and Exhibit B, Budget of this Agreement. Said compensation will be paid
by the City from Community Development Block Grant (CDBG) Funds for Fiscal Year
1996/97, The City will reimburse. Subrecipient for proceeding months expenses incurred
for services as described in, Exhibit A, Project Description, and Exhibit B, Budget, in an
amount not to exceed three thousand nine hundred forty five dollars ($3,945) per
quarter. On or before the 15th day of the calendar month for the quarter starting with
the calendar month of September 1996, the Subrecipient shall submit to the City a
payment invoice and quarterly progress report for the Subrecipient's previous three
months expenses and program activity. Said payment invoice shall give the total
quarterly expenses owed to Subrecipient, and shall also itemize the same detail
conforming to the Exhibit B, Budget, of this Agreement. In order for payment to be
processed and expenses reimbursed, invoice and reports shall be submitted with all
supporting documentation and shall be satisfactory to the City. The City will issue
3
payment according to the City's established demand warrant schedule and
corresponding warrant deadlines; no exceptions will be made.
In the event the Subrecipient exceeds allowable quarterly allotment of $3945.00, a written
addendum to the invoice stating the reason will be attached. Payment of additional
sums will be subject to City approval and the CDBG Agreement. Any funds received
by the Subrecipient , and not expended for expenses incurred during the term of this
Agreement; shall be promptly returned to the City upon the expiration of the term of
this Agreement. Subrecipient may also be eligible for reimbursement of certain
pre -agreement costs incurred prior to the execution of this Agreement. Pre -agreement
costs are eligible as specifically allowed under HUD regulations, 24 CFR, Section
570.200(h) and are reimbursable to Subrecipient after the execution of this Agreement.
6. EXPENDITURES. Expenditures made by the Subrecipient in the implementation
of this Agreement shall be in strict conformity with Exhibit B, Budget, and the U.S. OMB
Circular, A-110, A-122 and A-133 unless prior written approval for an exception is
obtained from City. No more than the amount specified may be spent for the separate
cost categories. Any modifications to the budget require prior written approval from the
City Project Coordinator, or his/her designee.. Separate financial and program records
shall be kept for each funding source.
7. COMPLIANCE WITH LAWS. The Subrecipient agrees to comply with all
applicable Federal, State and local laws, rules and regulations, ordinances and policies
as they pertain to the performance of this Agreement. As a recipient of Federal CDBG
Funds through a local government the Subrecipient is subject to adhering to the
4
provisions and regulatory requirements of Title I of the Housing and Community
Development Act of 1974 as amended, Section 104(b)(2)..
Federal Regulations 24, Part 570, or common rule to the CDBG entitlement programs,
specifically set forth 24 CFR 570.503, and other program requirements at Sub part K,
with the exception of Subrecipient does not assume the grantee's environmental
responsibilities described at Section 570.604 and does not assume the grantee's
responsibility for initiating the intergovernmental process of Executive Order 123721
described at -Section 570.62, 24 CFR Part 85, "Administrative Requirements for Grants
and Cooperative Agreements to State, Local and Federally recognized Indian Tribal
Governments", U.S. Office of Management and Budget Circular (OMB) A-110, "Grants
and Agreements with Institutions of Higher Education, Hospitals, and other Non-profit
Organizations" OMB Circular A-122 "Cost Principles for Non-profit Organizations",
OMB Circular A-133 "Audits of Institutions of Higher Education and Other Non-profit
Institutions".
8. INDEPENDENT CONTRACTOR. Subrecipient will be acting in an independent
capacity and not as an agent, employee, partner, joint venturer, or associate of the City.
The employees or agents of Subrecipient shall not be deemed or construed to be the
agent or employees of the City for any purpose whatsoever.
9. INSURANCE. Without limiting Subrecipient's indemnification of the City,
Subrecipient shall obtain and maintain at its own expense during the term of this
Agreement, a program of insurance satisfactory to the City's Risk Manager covering its
operations hereunder as specifically defined in Exhibit A, Project Description, of this
5
Agreement_ The following minimum insurance limits shall apply:
a. Worker's Compensation. Subrecipient shall carry adequate Worker's
Compensation including Employerliability at its sole expense, for its employees as
required by California law, in an amount not less than $1,000,000 per occurrence.
b. Liability Insurance. During the entire term of this agreement, Subrecipient agrees
to procure and maintain General/Public and Professional public liability insurance at its
sole expense to protect against loss from liability imposed by law for damages on
account of bodily injury, including death therefrom, suffered or alleged to be suffered
by any person or persons whomsoever, resulting directly or indirectly from any act or
activities of the City or Subrecipient, its employees or any person acting for the City, or
Subrecipient or under its control or direction, and also to protect against loss from
liability imposed by law for damages to any property of any person caused directly or
indirectly by or from acts or activities of the City, or Subrecipient, or its employees, or
any person acting for the City or Subrecipient; or under its control or direction.. Such
public liability and property damage insurance shall also provide for and protect the
City against incurring any legal cost in defending claims for alleged loss. Such public
liability and property damage insurance shall also provide for and protect the City
against incurring any legal cost in defending claims for alleged loss. Such General,
Public and Professional liability and property damage insurance shall be maintained in
full force and effect throughout the term of the Agreement and any extension thereof in
the following minimum limits: A combined single, limit policy with coverage limits in
the amount of $1,000,000 (one million dollars) per occurrence will be considered
0
equivalent to the required minimum limits.
c. Automotive Insurance. The Subrecipient shall procure and maintain, at its sole
expense, throughout the term of this agreement and any extension thereof public liability
and property damage insurance coverage for automotive equipment with coverage limits
of not less than $500,000 (five hundred thousand dollars) combined single limit. All
such insurance shall be primary insurance and shall name the City of Santa Clarita as
an additional insured.
d. Blanket Honesty Bond. Subrecipient shall carry a Blanket Honesty Bond at its
sole expense, in an amount of at least 50% of the contract amount or $25,000 (twenty five
thousand dollars) whichever is less.
e.. Additional Insured. Concurrent with the execution of this Agreement,
Subrecipient shall provide the City with original certificates or certificates of such
insurance naming the City as additional insured.
f. 'Property Coverage: Subrecipient shall carry insurance to insure owned real
property for replacement cost against fire, and extended coverage including vandalism
and malicious mischief.
g. Cancellation. All of the aforementioned policies of insurance shall contain a
provision rendering the policy not subject to cancellation except upon 30 days written
notice to both Subrecipient and City.
10. FAILURE TO PROCURE INSURANCE. Failure on the part of Subrecipient to
procure or maintain required insurance shall constitute a material breach of Agreement
7
under which City may immediately terminate this Agreement or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection therewith,
and all monies so paid by City shall be repaid by Subrecipient to City upon demand or
City may offset the cost of the premiums against any monies due to Subrecipient from
City.
11., INDEMNIFICATION AND HOLD HARMLESS. Subrecipient agrees to
indemnify, defend and holds harmless City, its agents; employees and elected and
appointed officers, from and against any and all damages, claims, liabilities, costs, suits
or expenses arising out of any act omission of Subrecipient or any agent or employee of
Subrecipient or resulting from any condition of property owned or controlled by the
Subrecipient arising from or connected in any way with Subrecipient's operation, or its
services hereunder. Subrecipient agrees to reimburse the City for any expenditures,
including reasonable attorney fees incurred by the City in defending against claims
ultimately determined to be due to negligent acts, errors or omissions of Subrecipient.
12. MONITORING AND EVALUATION. The City will monitor, evaluate and
provide guidance to Subrecipient in the performance of this agreement. Authorized
representatives of the City and HUD shall have the right of access to all activities and
facilities operated by the Subrecipient under this agreement. Facilities include all files,
financial and performance records and all other documents pertaining to the
performance of this Agreement: Activities' include attendance of staff, board of directors,
advisory committee meetings, interviewing of Subrecipient and Program Participants and
9
observation of ongoing program functions and operations.. Subrecipient will ensure the
cooperation of its' staff and board members in such efforts. The City Project
Coordinator, or his/her designee, will conduct periodic program progress reviews.
These reviews will focus on the extend to which the planned program has been
implemented and work measurement goals achieved, effectiveness of program
management, impact of the program and accountability to Federal rules, regulations and
laws. If any program file review or financial audit determine observation of a significant
finding(s) wluch would cause a disallowance of an expenditure of an activity or service
performed by the Subrecipient which is deemed ineligible by the review or audit, the
Subrecipient would be responsible for reimbursing the City the total cost of the
disallowance.
13. EXPENDABLE PERSONAL PROPERTY. Expendable personal property refers
to all tangible personal property other than nonexpendable personal property. Upon
termination of this Agreement, if purchased expendable property has an aggregate value
of One. Thousand Dollars ($1,000) or more any sale of said property must be
preapproved in writing by the City Project Coordinator or his designee.
14. NONEXPENDABLE PROPERTY. A record shall be maintained for each item of
nonexpendable property acquired consistent with the property management standards
set forth in 41 Federal Register 148, Attachment N, Circular No A-110. This record shall
be provided to the City upon each purchase. Nonexpendable property shall include
only tangible personal property. Nonexpendable personal property means tangible
personal property having a useful life of more than one year and an acquisition cost of
E
three hundred dollars ($300) or more per unit. Any sale or other use or disposition of
nonexpendable property having a unit acquisition cost of one thousand ($1,000) dollars
or more must have prior approval of the City and otherwise comply with all applicable
laws and regulations including without limitation Circular A-110. In case of the
Agreement's termination, the City reserves the right to determine the final disposition
of said nonexpendable property acquired for this program including funds derived
therefrom. Said disposition may include the City taking possession of said
nonexpendable property.
15. PURCHASE OR LEASE OF NONEXPENDABLE PROPERTY OR EQUIPMENT.
Subrecipient shall obtain three (3) written documented bids prior to purchasing or
leasing any nonexpendable personal property or equipment as approved in the Budget,
Exhibit B. Bids shall require approval of the City Project Coordinator, or his/her
designee, prior to purchase of lease price of over Three Hundred Dollars ($300) in unit
value and having a life expectancy of more than one (1) year shall be properly identified
and inventoried and shall be charged at its actual price deducting all cash discounts,
rebates, and allowances received by Subrecipient. This inventory shall be provided to
the City upon request, records on non -expendable property acquired with federal funds
shall be retained with three (3) years after its final disposition.
16. ALLOWANCES FOR LEASE OR RENTAL OF VEHICLE AND EQUIPMENT
SPACE. The City will approve vehicle/or equipment space requirements necessary for
Agreement performances, at costs using prevailing area rates and space allocations.
Vehicle lease or rental expenses shall be prorated to reflect only the proportional use
10
attributable to work performed under this Agreement. The City will not reimburse
expenses incurred while performing activities under contract for other agencies.
17. RECORDS AND REPORTING.
a. Accountine. Subrecipient must establish and maintain on a current basis an
adequate accrual accounting system in accordance with generally accepted accounting
principles and standards, and 24 CFR Part 85.
b. Reports and Audits. Subrecipient shall submit to the City a detailed quarterly
progress report as set forth in Exhibit B. Subrecipient shall retain and the City shall
have access to any books, documents, papers and records of the Subrecipient for audit:
or examination to City representatives, upon request, at any time during the duration
of this agreement and during a period of three. (3) years after final payments are issued
and all other pending matters are closed as in accordance with 24 CFR 85.42 (b).
18. AFFIRMATIVE ACTION. Subrecipient shall make every effort to ensure that
all projects funded wholly or in part by CDBG funds shall provide equal employment.
and career advancement opportunities for minorities and women. In addition,
Subrecipient shall make every effort to employ low and moderate income persons
residing within the community for positions that have been created directly or as a result
of this program.
19. CHANGES. The City may, from time to time, request changes in the Scope of
Services of Subrecipient to be performed hereunder.: Such changes, including any
11
increase or decrease in the amount of Subrecipient's compensation, which are agreed
upon by and between the City and Subrecipient shall, be incorporated into this
Agreement by written amendments.
20. CHANGES IN GRANT ALLOCATION. The City reserves the right to reduce the
grant allocation when the City's fiscal monitoring indicates thatSubrecipient's rate of
expenditure will result in unspent funds at the end of the program year,. Changes in the
grant allocation made after Agreement execution will be incorporated into this
Agreement by written amendments and may require an amendment to the City's Final
Statement.
21. PROGRAM PUBLICITY. Subrecipient shall develop a community outreach and
publicity program designed to provide information about Fair Housing Services under
this program to potential program participants living in the City of Santa Clarita. The
community Outreach and Publicity program requires prior approval of the Project
Coordinator or his/her designee.
22. TOINT FUNDING. For programs in which there are sources of funds in addition
to those identified in Exhibit B, Budget, Subrecipient shall provide documentation
detailing percentages of CDBG and non CDBG allocations as part of the Budget., The
City shall not pay for any services paid for by Subrecipient which are funded by other
sources and are not within the City limits. All restrictions and/or requirements relative
to accounting, budgeting and reporting apply to the total program regardless of funding
12
sources.
23. PROGRAM INCOME. Program Income as defined in 24 CFR 570.500 and
570.504(c) shall be recorded as part of the financial transactions of the Fair Housing
Services Program and shall be returned to the City.
24. ASSURANCES. Subrecipient hereby assures and certifies that it has complied with
the Act, applicable regulations, policies, guidelines and requirements, OMB, Circular
A-110, A-122 and A-133, and that it will comply with all applicable Federal, State and
City laws and regulations as they relate to acceptance and use of Federal funds for this
Federally assisted program. Furthermore, Subrecipient gives assurances and certifies
that it will comply with the provisions of 41 Code of Federal Regulation 60-1.4, 24 CFR
570.502, and 24 Code of Federal Regulations 135.20 each of which are incorporated
herein by this reference. Subrecipient further assures and certifies that it will comply
with any future amendments for changes to said required assurances and that during
the term of this Agreement will maintain current copies of said assurances at the address
specified in Section 24 below.
25. NOTICES. All notices shall be served in writing. The Notices to Subrecipient
shall be sent to the following address: Executive Director, Fair Housing Council of the
San Fernando Valley, 12444 Victory Blvd., North Hollywood, CA 91606. Notices, reports
and statements to the City shall be delivered or sent to the City Project Coordinator, or
his/her designee, 23920 Valencia Boulevard, Suite 300, Santa Clarita, CA 91355.
13
26. ASSIGNMENT. The services to be rendered to the public pursuant to this
agreement by the Subrecipient or considered to be unique, personal services and the
Subrecipient shall not assign, delegate, sub contract, transfer or otherwise substitute its
interest or obligations in this Agreement without the prior written consent of the City.
27. TERMINATION AND TERMINATION COSTS. This Agreement may be terminated
at any time by either party without cause upon giving thirty (30) days written notice.
City may immediately terminate this Agreement by written notice upon the termination,
suspension, discontinuation or substantial reduction in CDBG funding for the Agreement
activity, or if for any reason the timely completion of the work under this Agreement
is rendered improbable, infeasible or impossible or when both parties agree that the
continuation with the program would not produce beneficial results commensurate with
the further expenditures of funds. In such event, Subrecipient shall be compensated for
all services rendered and all necessarily incurred costs performed in good faith in
accordance with the terms of this Agreement that have not been previously reimbursed,
to the date of said termination to the extent CDBG funds are available. In accordance
with 24 CFR 85.43, suspension or termination may occur if the subrecipient materially
fails to comply with any term of the award and the award may be terminated for
convenience in accordance with 24 CFR 85.44.
28. FISCAL LIMITATIONS. The United States of America through HUD in the
future may place programmatic fiscal limitation(s) on CDBG funds not presently
14
anticipated. Accordingly, the City reserves the right to revise this Agreement in order
to take into account actions affecting HUD program funding. In the event of funding
reduction, the City may reduce the budget of thus Agreement as a whole or as a cost
category, may limit the rate of Subrecipient's authority to commit and spend funds, or
may restrict Subrecipient's use of both its uncommitted and its unspent funds.
Where HUD has directed or requested the City to implement a reduction in funding, in
whole or as to cost category, with respect to funding for this Agreement, the City Project
Coordinator, or his/her designee, may act for the City in implementing and effecting
such a reduction and in revising the Agreement for such purpose. Where the City
Project Coordinator, or his/her designee, has reasonable grounds to question the fiscal
accountability, financial soundness, or compliance with this Agreement of Subrecipient,
the City Project Coordinator, or his/her designee, may act for the City in suspending the
operation of this Agreement or up to Thirty (30) days upon three (3) days' written notice
to Subrecipient of his intention to so act, pending an audit or other resolution of such
questions. In no event, however, shall any revision made by the City affect expenditures
and legally binding commitments made by Subrecipient before it received notice of such
revision, provided that such amounts have been committed in good faith and are
otherwise allowable and that such commitments are consistent with HUD cash
withdrawal guidelines.
29. USE OF FUNDS FOR ENTERTAINMENT. MEAL, OR GIFTS. Subrecipient
certifies and agrees that it will not use funds provided through this Agreement to pay
15
for entertainment, meals, or gifts.
30. CONFLICT OF INTEREST. The Subrecipient shall maintain a code for standards
of conduct that will govern the performance of its officers, employees or agents engaged
in the awarding and administration of contracts using Federal funds. No employee,
officer or agent shall participate in the selection, award or administration of a contract
in which Federal funds are used if a conflict of interest, real or apparent would be
involved.
31. DISCRIMINATION. Subrecipient will comply with Title VIII of the Civil Rights
Act of 1968, 42 U.S.C. 3801, amended by Title I of the Housing and Community
Development Act of 1974 which prohibits against discrimination, exclusion of
participation, or denial of benefits on the grounds of race, creed, color or national origin,
familial status or handicap.
32. BUDGET MODIFICATIONS. The City Project Coordinator, or his/her designee,
may grant budget modifications to this Agreement for the movement of funds within
the budget categories identified in Exhibit B, Budget, when such modification:
a. Do not exceed $10,000 per budget cost category,
b. Are specifically requested by Subrecipient, in writing;
C. Do not alter the amount of compensation with this Agreement;
d. Will not change the project goals or scope of services;
e. Are in the best interest of the City and Subrecipient in
performing the scope of services under this Agreement;
f. Related to salaries, are in accordance with applicable salary ordinances or
16
laws; and
g. The City Project Coordinator, or his/her designee, subject to the
restrictions in Sections 27 and 28 may authorize reallocation of Budget line
items and other items within the Agreement, Exhibit B, Budget.
h. Is consistent with the CDBG Agreement.
33. TIME OF PERFORMANCE MODIFICATIONS. City Project Coordinator, or his/her
designee, may grant time of performance modifications to this Agreement (see Section
3) when such modifications:
a. In aggregate do not exceed twelve (12) calendar months and;
b. Are specifically requested by Subrecipient in writing.
34. AUDIT EXCEPTIONS BY STATE AND FEDERAL AGENCIES, Subrecipient
agrees that in the event the program established hereunder is subject to audit exceptions
by appropriate State and Federal audit agencies, it shall be responsible for complying
with such exceptions and paying the U.S. Department of Housing and Urban
Development the full amount of City's liability to the funding agency resulting from
such audit exceptions.
35. PURCHASE AND INVOICE DEADLINES. Purchase of equipment and supplies
must be completed before the last month of the Agreement period and all equipment
and supply bills are to be paid before the last month of this period. Invoices for all
obligations incurred under this Agreement must be submitted to the City within sixty
17
(60) days from when the indebtedness is incurred or they may be subject to
disallowance. Payment invoices which have not been submitted for payment prior to
the termination date of this Agreement, must be forwarded to the City with thirty (30)
days after the Agreement termination date or they may not be honored. Exceptions to
the preceding limitations require prior written approval by the City Project Coordinator,
or his/her designee.
36. ACQUISITION OF SUPPLIES AND EQUIPMENT. Following approval by the
City for necessary supplies and equipment for Agreement performance, Subrecipient
may purchase from a related agency/ organization only if: (a) prior authorization is
obtained in writing from the City; (b) no more than maximum prices or charges are
made and no less than minimum specifications are met as provided in writing by the
City; (c) a community related benefit is derived from such Subrecipient related
acquisition; and (d) no conflict of interest for private gain accrues to Subrecipient or its
employees, agents or officers.
37. AUDITS. Subrecipient program as provided under this agreement will be
audited in accordance with City policies and Federal guidelines as outlined on OMB
Circular A-133 and Attachment F of OMB Circular A-110. The City or its authorized
representatives shall, at all times, have access for the purpose of audit or inspection to
any and all books, documents, papers, records, property, and premises of Subrecipient.
Subrecipient's staff will cooperate fully with authorized auditors when they conduct
audits and examinations of program. If indications of misappropriation or
misapplication of the fund of this Agreement cause the City to require a special audit,
IR
the cost of the audit will be encumbered and deducted from this Agreement budget.
Should the City subsequently determine that the special audit was not warranted, the
amount encumbered will be restored to the Agreement budget. The City Project
Coordinator, or his/her designee shall request a copy of the Subrecipient's financial audit
for activities performed under this Agreement at: the expiration of the final phase out
period.
38. FINANCIAL PHASE OUT PERIOD. Subrecipient agrees to complete all
necessary financial phase out procedures required by the City Project Coordinator within
period of not more that forty-five (45) calendar days from the expiration date of this
Agreement. This time period will be referred to as the financial phase out period.
The City is not liable to provide reimbursement for any expenses or costs associated
with this Agreement after the expiration of the financial phase out period. After the
expiration of the financial phase out period, those funds not paid to Subrecipient under
this Agreement, if any, may be immediately reprogrammed by City into other eligible
activities in the City, if no amendment to the Final Statement is required.
39. PERSONNEL POLICIES. City may review Subrecipient's personnel policies
and may make available to Subrecipient personnel policies developed by City. City
personnel policies are optional with Subrecipient, unless City verifies personnel
management problems during the Agreement period, in which instance The City Project
Coordinator, or his/her designee, may require use of City developed personnel practices,
including use of City Personnel Policies, as a condition of continued funding of the
Agreement. Personnel policies include, but are not limited to, staff size and levels,
19
salaries, supervisory -subordinate ratios, consultant fees, fringe benefits and other related
matters.
40. NEPOTISM. Subrecipient shall not hire nor permit the hiring of any person to
fill a position funded through this Agreement if a member of that person's immediate
family is employed in an administrative capacity by Subrecipient. For the purposes of
this section, the term "immediate family means spouse, child, mother, father, brother,
sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law,
daughter-in-law, aunt, uncle, niece, nephew, step-parent, and step -child. The term
"administrative capacity" means having selection, hiring, supervisory or management
responsibilities, including serving on the governing body of Subrecipient.
41. RELIGIOUS AND POLITICAL ACTIVITIES. Subrecipient agrees that funds
under this Agreement,: will be used exclusively for performance of the services required
under this Agreement, and that no funds made available under this Agreement shall be
used to promote religious or political activities in connection with the performance of
this Agreement.
42. OUTSIDE EMPLOYMENT. In its written personnel policies, Subrecipient shall
include the following provisions governing outside employment of its employees:
a. Such employment shall not interfere with efficient performance of the
employee's duties in the program of this Agreement;
b. Such employment shall not involve a conflict of interest or an appearance of
conflict with the employee's duties in the program of this Agreement;
20
c. Such employment shall not involve the performance of duties which the.
employee should perform as part of his employment in the program of this
Agreement; and
d. Such employment shall not occur during the employee's regular or assigned
working hours in the program of this Agreement, unless during the entire
day on which such employment occurs, the employee is on vacation,
compensatory leave or leave without pay Subrecipient shall establish
effective procedures to enforce these provisions and must provide specific
procedures regarding outside employment of its full-time personnel whose
duties are not readily confined to a standard work -day or work -week.
Personnel includes, but is not limited to, Executive Directors, neighborhood workers, and
other employees whose responsibilities may require them to be available for duty during
evenings or on weekends.
43. STAFF TRAVEL. Subrecipient shall not incur any expenditures for travel
outside of Los Angeles County, without prior written approval of City.
44. USE OF FUNDS. All funds approved under this Agreement shall be used solely
for costs approved in the program budget for this Agreement. Agreement funds shall
not be used as a cash advancement, to guarantee payments for any non -program
obligations, or as loans for non -program activities. Separate financial and program
records shall be kept for each funding source.
45. RETENTION OF AND ACCESS TO RECORDS. The City, HUD or any other
21
duly authorized representative shall have the right of access to any books, documents,
papers and records of the Subrecipient which are directly pertinent to the contract for
the purpose of making audit or examination, for three years after final payments, audits,
program reviews and all other pending matters are closed.
46. ATTORNEY FEES. In the event legal proceedings are necessary to enforce the
terms, provisions or conditions of this Agreement, the prevailing party in such legal
proceeding shall be entitles to recover reasonable attorney fees.
47. REVERSION OF ASSETS. Subrecipient shall transfer to the City any CDBG
funds on hand at the time of expiration of Agreement and any accounts receivable
attributable to the use of CDBG funds. An audit may be required of Subrecipient in
accordance with Section 36, Audits of this Agreement.
Subrecipient will ensure that any real property under the Subrecipient's control that was
acquired or improved in whole or in part with CDBG funds in excess of $25,000 is either:
1. Used to meet one of the national objectives until five years after expiration
of the Agreement, or for such longer period of time as determined to be appropriate by
City; or
2. Disposed of in a manner that results in the Subrecipient being reimbursed in
the amount of the current fair market value of the property less any portion of the value
attributable to expenditures of non-CDBG funds for acquisition of, or improvement to,
the property.
48. EXTENT OF AGREEMENT. This writing constitutes the entire agreement
between the City and Subrecipient. There are no oral agreements or amendments
22
between the parties. This Agreement shall not be amended, except in writing, executed
by both parties to this Agreement.
23
EXHIBIT A; PROJECT DESCRIPTION
24
EXHIBIT B: BUDGET
25
EXHIBIT C: PROJECT PROGRESS REPORT
26
EXHIBIT D: COST ALLOCATION PLAN
27
Executed on this day of . 1996 at the City of Santa Clarita.
FAIR HOUSING COUNCIL
OF SAN FERNANDO VALLEY:
0
Patsy Espinoza
Attest:
E
Donna M. Grindey, City Clerk
Approved as to form:
M
City Attorney
CnsG\finr gc.� t
9E
CITY OF SANTA CLARITA:
By -
George Caravalho, City Manager
City of Santa Clarita 1996-97 CDBG Program Year
THE SANTA CLARITA VALLEY COMMITTEE ON AGING
SENIOR CENTER SERVICES AGREEMENT
TABLE OF CONTENTS
1. AGREEMENT . .............................................. 1
2. SCOPE OF SERVICES . ........................................ 1
3. TIME OF PERFORMANCE ...................................... 2
4. AGREEMENT ADMINISTRATION.. .......................... .... 2
5. COMPENSATION AND METHOD OF PAYMENT ................... 2
6. EXPENDITURES. ...... .... ................ 3
7. COMPLIANCE WITH LAWS . .................................. 3
8. INDEPENDENT CONTRACTOR . ................................ 4
9. INSURANCE ................................................ 4
a. Worker's Compensation ............................... 4
b. Liability Insurance ................................... 4
c. Automotive Insurance. ............................... 5
d. Blanket Honesty Bond. ............................... 5
e. Additional Insured..... ..... 5
f. Property Coverage . ...... .............. ............. 5
g. Cancellation . .............................. .. 5
10. FAILURE TO PROCURE INSURANCE . ........................ 5
11. INDEMNIFICATION AND HOLD HARMLESS. ................. 5
12. MONITORING AND EVALUATION ............................. 6
13. EXPENDABLE PERSONAL PROPERTY. ..................... .... 6
14. NONEXPENDABLE PROPERTY ................................. 7
15. PURCHASE OR LEASE OF NONEXPENDABLE PROPERTY OR
EQUIPMENT . ........................................ 7
16. ALLOWANCES FOR LEASE OR RENTAL OF VEHICLE AND
EQUIPMENT SPACE . ...... . ................. ...... . 7
17. RECORDS AND REPORTING .................................. 8
a. Accounting . ............... 8
b. Reports and Audits ............ ...................... 8
18, AFFIRMATIVE ACTION . ..................................... 8
19. CHANGES ................................................. 8
20. CHANGES IN GRANT ALLOCATION ............................ 8
21. TOW T FUNDING. ....... ..... ........ 9
22. PROGRAM INCOME. ........................................ 9
23. ASSURANCES. ......... .... .. 9
24. NOTICES. .. ........... 9
25. ASSIGNMENT. .............. 9
26. TERMINATION AND TERMINATION COSTS ..................... 10
27. FISCAL LIMITATIONS . ..................... _ .......... .. 10
28. USE OF FUNDS FOR ENTERTAINMENT, MEAL, OR GIFTS. ........... 11
29. CONFLICT OF INTEREST ..................................... 11
30. DISCRIMINATION . ......................................... 11
31. BUDGET MODIFICATIONS. ..... • ............................ 11
32. TIME OF PERFORMANCE MODIFICATIONS . .................... 12
33. AUDIT EXCEPTIONS BY STATE AND FEDERAL AGENCIES. ........ 12
34, PURCHASE AND INVOICE DEADLINES ......................... 12
35. ACQUISITION OF SUPPLIES AND EQUIPMENT ................... 12
36. AUDITS ................................................... 13
37. FINANCIAL PHASEOUT PERIOD .............................. 13
38. PERSONNEL POLICIES ...................................... 14
39. NEPOTISM . ............................................... 14
40. RELIGIOUS AND POLITICAL ACTIVITIES. 14
421 OUTSIDE EMPLOYMENT. .... 14
42. STAFF TRAVEL ............................................. 15
43. USE OF FUNDS.... .. ............... 15
44. RETENTION OF AND ACCESS TO RECORDS ..................... 15
45. ATTORNEY FEES... ............... 15
46. REVERSION OF ASSETS . ..................................... 15
47. EXTENT OF AGREEMENT ..................................... 16
EXHIBIT A: Project Description ................................... 18
EXHIBIT B: Budget ...................... ............ ..... 24
EXHIBIT C: Cost Allocation Plan .................................. 45
AGREEMENT BETWEEN THE CITY OF SANTA CLARITA
AND SANTA CLARITA VALLEY COMMITTEE ON AGING
CORPORATION FOR THE IMPLEMENTATION OF THE SENIOR
CENTER SERVICES PROGRAM
THIS AGREEMENT is made and entered into in the City of Santa Clarita, California, by
and between the CITY OF SANTA CLARITA, hereinafter referred to as "City" and SANTA
CLARITA VALLEY COMMITTEE ON AGING CORPORATION, hereinafter referred to as
"Subrecipient."
RECITALS
WHEREAS, the City of Santa Clarita supports the national objective of the Housing and
Community Development Act (HCDA) of 1974, as amended, which provides for the
development of viable urban communities by providing for decent housing and a suitable
living environment and expanding economic opportunities, principally for persons of low and
moderate income; and
WHEREAS, City has entered into an Agreement with the U.S. Housing and Urban
Development Department (HUD) to execute the City's Community Development Block Grant
Program (CDBG Agreement) under Title I of the Housing Community Development Act of
1974, as amended, hereinafter called the "Act" and
WHEREAS, Subrecipient desires to participate in said program and is qualified by reason
of experience, preparation, organization, staffing and facilities to provide services.
NOW, THEREFORE, the parties hereto agree as follows:
1. AGREEMENT. This Agreement consists of this Agreement and attachments: Exhibit
1
A, Project Description, and Exhibit B, Budget.
2. SCOPE OF SERVICES. Subrecipient shall provide all the services set forth in the
Exhibit A, Project Description, to this Agreement, a copy of which is attached hereto and
incorporated herein by this reference.
3. TIME OF PERFORMANCE. Upon execution of this Agreement between the City and
Subrecipient, said services are to commence and shall be completed no later than June 30,
1997.
4. AGREEMENT ADMINISTRATION. The City's CDBG Program Coordinator, or
his/her designee, hereinafter called the "City Project Coordinator," shall have full authority
to act for City in the administration of this Agreement consistent with the provisions
contained herein.
5. COMPENSATION AND METHOD OF PAYMENT. The City shall pay Subrecipient
an amount not exceeding the sum of forty-eight thousand and no/100 dollars ($48,000), which
payment shall constitute full and complete compensation for Subrecipient's services under
this Agreement, as detailed in Exhibit A, Project Description, and Exhibit B, Budget of this
Agreement. Said compensation will be paid by the City from Community Development
Block Grant (CDBG) Funds for Fiscal Year 1996/97. The City will reimburse Subrecipient for
proceeding months expenses incurred for services as described in Exhibit A, Project
Description, and Exhibit B, Budget, in an amount not to exceed four thousand dollars ($4,000)
per month. On or before the 15th day of the calendar month for the quarter starting with the
calendar month of August 1996, the Subrecipient shall submit to the City a payment invoice
and monthly progress report for the Subrecipient's previous three months expenses and
program activity. Said payment invoice shall give the total monthly expenses owed to
Subrecipient, and shall also itemize the same detail conforming to the Exhibit B, Budget, of
this Agreement.
2
In order for payment to be processed and expenses reimbursed, invoice and reports shall be
submitted with all supporting documentation and shall be satisfactory to the City. The City
will issuepayment according to the City's established demand warrant schedule and
corresponding warrant deadlines; no exceptions will be made. In the event the Subrecipient
exceeds allowable monthly allotment of $4,000, a written addendum to the invoice stating the
reason will be attached. Payment of additional sums will be subject to City approval and the
CDBG Agreement. In accordance with Section 49, any funds received by the Subrecipient,
and not expended for expenses incurred during the terms of this Agreement, shall be
promptly returned to the city upon the expiration of the term of this Agreement Subrecipient
may also be eligible for reimbursement of certain pre -agreement costs incurred prior to the
execution of this Agreement. Pre -agreement costs are eligible as specifically allowed under
HUD regulations, 24 CFR, Section 570.200(h) and are reimbursable to Subrecipient after the
execution of this Agreement.
6. EXPENDITURES. Expenditures made by the Subrecipient in the implementation of
this Agreement shall be in strict conformity with Exhibit B, Budget, and the U.S. OMB
Circular, A-110, A-122 and A-133 unless prior written approval for an exception is obtained
from City. No more than the amount specified may be spent for the separate cost categories.
Any modifications to the budget require prior written approval from the City Project
Coordinator. Separate financial and program records shall be kept for each funding source.
7. COMPLIANCE WITH LAWS. The Subrecipient agrees to comply with all applicable
Federal, State and local laws, rules and regulations, ordinances and policies as they pertain
to the performance of this Agreement. As a recipient of Federal CDBG Funds through a local
government the Subrecipient is subject to adhering to the provisions and regulatory
requirements of Title I of the Housing and Community Development Act of 1974 as amended,
Federal Regulations 24, Part 570, or common rule to the CDBG entitlement programs,
3
specifically set forth 24 CFR 570.503, and other program requirements at Sub part K, with the
exception of Subrecipient does not assume the grantee's environmental responsibilities
described at Section 570.604 and does not assume the grantee's responsibility for initiating the
intergovernmental process of Executive Order 123721 described at Section 570.62, 24 CFR Part
85, "Administrative Requirements for Grants and Cooperative Agreements to State, Local and
Federally recognized Indian Tribal Governments," U.S. Office of Management and Budget
Circulars (OMB) A-100, "Grants and Agreements with Institutions of Higher Education,
Hospitals, and other Non-profit Organizations," OMB Circular A-122 "Cost Principles for Non-
profit Organizations," OMB Circular A-133 "Audits of Institutions of Hlgher Education and
Other Non-profit Institutions."
8. INDEPENDENT CONTRACTOR. Subrecipient will be acting in an independent
capacity and not as an agent, employee, partner, joint venturer, or associate of the City. The
employees or agents of Subrecipient shall not be deemed or construed to be the agent or
employees of the City for any purpose whatsoever.
9. INSURANCE. Without limiting Subrecipient's indemnification of the City,
Subrecipient shall obtain and maintain at its own expense during the term of this Agreement,
a program of insurance satisfactory to the City's Risk Manager covering its operations
hereunder as specifically defined in Exhibit A, Project Description, of this Agreement. The
following minimum insurance limits shall apply:
a. Worker's Compensation. Subrecipient shall carry adequate Worker's Compensation
including Employer liability at its sole expense, for its employees as required by California
law, in an amount not less than $1,000,000 per occurrence.
b. Liability Insurance. During the entire term of this agreement, Subrecipient agrees to
procure and maintain General/Public and Professional public liability insurance at its sole
expense to protect against loss from liability imposed by law for damages on account of
4
bodily injury, including death therefrom, suffered or alleged to be suffered by any person or
persons whomsoever, resulting directly or indirectly from any act or activities of the City or
Subrecipient, its employees or any person acting for the City, or Subrecipient or under its
control or direction, and also to protect against loss from liability imposed by law for damages
to any property of any person caused directly or indirectly by or from acts or activities of the
City, or Subrecipient, or its employees, or any person acting for the City or Subrecipient, or
under its control or direction. Such public liability and property damage insurance shall also
provide for and protect the City against incurring any legal cost in defending claims for
alleged loss. Such General, Public and Professional liability and property damage insurance
shall be maintained in full force and effect throught the term of the Agreement and any
extension thereof in the following minimum limits:
A combined single limit policy with coverage limits in the amount of $1,000,000 (one million
dollars) per occurrence will be considered equivalent to the required minimum limits.
G Automotive Insurance. The Subrecipient shall procure and maintain, at its sole
expense, throughout the term of this agreement and any extension thereof public liability and
property damage insurance coverage for automotive equipment with coverage limits of not
less than $500,000 (five hundred thousand dollars) combined single limit. All such insurance
shall be primary insurance and shall name the City of Santa Clarita as an additional insured.
d. Blanket Honesty Bond. Subrecipient shall carry a Blanket Honesty Bond at its sole
expense, in an amount of at least 50% of the contract amount or $25,000 (twenty five thousand
dollars) whichever is less.
e. Additional Insured. Concurrent with the execution of this Agreement, Subrecipient
shall provide the City with an original certificates or certificates of such insurance naming the
City as additional insured.
5
f. Property Coverage. Subrecipient shall carry insurance to insure owned real property
for replacement cost against fire, and extended coverage including vandalism and malicious
mischief. g. Cancellation. All of the aforementioned policies of insurance shall contain
a provision rendering the policy not subject to cancellation except upon 30 days written notice
to both Subrecipient and City.
10. FAILURE TO PROCURE INSURANCE. Failure on the part of Subrecipient to procure
or maintain required insurance shall constitute a material breach of Agreement under which
City may immediately terminate this Agreement or, at its discretion, procure or renew such
insurance and pay any and all premiums in connection therewith, and all monies so paid by
City shall be repaid by Subrecipient to City upon demand or City may offset the cost of the
premiums against any monies due to Subrecipient from City.
11. INDEMNIFICATION AND HOLD HARMLESS. Subrecipient agrees to indemnify,
defend and holds harmless City, its agents, employees and elected and appointed officers,
from and against any and all damages, claims, liabilities, costs, suits or expenses arising out
of any act omission of Subrecipient or any agent or employee of Subrecipient or resulting
from any condition of property owned or controlled by the Subrecipient arising from or
connected in any way with Subrecipient's operation, or its services hereunder. Subrecipient
agrees to reimburse the City for any expenditures, including reasonable attorney fees incurred
by the City in defending against claims ultimately determined to be due to negligent acts,
errors or omissions of Subrecipient.
12. MONITORING AND EVALUATION. The City will monitor, evaluate and provide
guidance to Subrecipient in the performance of this agreement. Authorized representatives
of the City and HUD shall have the right of access to all activities and facilities operated by
the Subrecipient under this agreement. Facilities include all files, financial and performance
records and all other documents pertaining to the performance of this Agreement.
D
Activities include attendance of staff, board of directors, advisory committee meetings,
interviewing of Subrecipient and Program Participants and observation of ongoing program
functions and operations. Subrecipient will ensure the cooperation of its' staff and board
members in such efforts. The City Project Coordinator will conduct periodic program
progress reviews. These reviews will focus on the extend to which the planned program has
been implemented and work measurement goals achieved, effectiveness of program
management, impact of the program and accountability to Federal rules, regulations and laws.
If any program file review or financial audit determine observation of a significant finding(s)
which would cause a disallowance of an expenditure of an activity or service performed by
the Subrecipient which is deemed ineligible by the review or audit, the Subrecipient would
be responsible for reimbursing the City the total cost of the disallowance.
13. EXPENDABLE PERSONAL PROPERTY. Expendable personal property refers to all
tangible personal property other than nonexpendable personal property. Upon termination
of this Agreement, if purchased expendable property has an aggregate value of One Thousand
Dollars ($1,000) or more any sale of said property must be preapproved in writing by the City
Project Coordinator.
14. NONEXPENDABLE PROPERTY. A record shall be maintained for each item of
nonexpendable property acquired consistent with the property management standards set
forth in 41 Federal Register 148, Attachment N, Circular No A-110. This record shall be
provided to the City upon each purchase. Nonexpendable property shall include only
tangible personal property. Nonexpendable personal property means tangible personal
property having a useful life of more than one year and an acquisition cost of three hundred
dollars ($300) or more per unit. Any sale or other use or disposition of nonexpendable
property having a unit acquisition cost of one thousand ($1,000) dollars or more must have
prior approval of the City and otherwise comply with all applicable laws and regulations
including without limitation Circular A-110. In case of the Agreement's termination, the City
reserves the right to determine the final disposition of said nonexpendable property acquired
for this program including funds derived therefrom. Said disposition may include the City
taking possession of said nonexpendable property.
15. PURCHASE OR LEASE OF NONEXPENDABLE PROPERTY OR EQUIPMENT.
Subrecipient shall obtain three (3) written documented bids prior to purchasing or leasing any
nonexpendable personal property or equipment as approved in the Budget, Exhibit B. Bids
shall require approval of the City Project Coordinator, prior to purchase of lease price of over
Three Hundred Dollars ($300) in unit value and having a life expectancy of more than one (1)
year shall be properly identified and inventoried and shall be charged at its actual price
deducting all cash discounts, rebates, and allowances received by Subrecipient, This
inventory shall be provided to the City upon request, records on non -expendable property
acquired with federal funds shall be retained with three (3) years after its final disposition.
16. ALLOWANCES FOR LEASE OR RENTAL OF VEHICLE AND EQUIPMENT SPACE.
The City will approve vehicle/or equipment space requirements necessary for Agreement
performances, at costs using prevailing area rates and space allocations. Vehicle lease or
rental expenses shall be prorated to reflect only the proportional use attributable to work
performed under this Agreement. The City will not reimburse expenses incurred while
performing activities under contract for other agencies.
17, RECORDS AND REPORTING.
a. Accounting. Subrecipient must establish and maintain on a current basis an
adequate accrual accounting system in accordance with generally accepted accounting
principles and standards, and 24 CFR Part 85.
E
b. Reoorts and Audits. Subrecipient shall submit to the City a detailed quarterly
progress report as set forth in Exhibit B. Subrecipient shall retain and the City shall have
access to any books, documents, papers and records of the Subrecipient for audit or
examination to City representatives, upon request, at any time during the duration of this
agreement and during a period of three (3) years after final payments are issued and all other
pending matters are closed as in accordance with 24 CFR 85.42 (b).
18. AFFIRMATIVE ACTION. Subrecipient shall make every effort to ensure that all
projects funded wholly or in part by CDBG funds shall provide equal employment and career
advancement opportunities for minorities and women. In addition, Subrecipient shall make
every effort to employ low and moderate income persons residing within the community for
positions that have been created directly or as a result of this program.
19. CHANGES. The City may, from time to time, request changes in the Scope of
Services of Subrecipient to be performed hereunder. Such changes, including any increase
or decrease in the amount of Subrecipient's compensation, which are agreed upon by and
between the City and Subrecipient shall be incorporated into this Agreement by written
amendments.
20. CHANGES IN GRANT ALLOCATION. The City reserves the right to reduce the
grant allocation when the City's fiscal monitoring indicates that Subrecipient's rate of
expenditure will result in unspent funds at the end of the program year. Changes in the grant
allocationmade after Agreement execution will be incorporated into this Agreement by
written amendments and may require an amendment to the City's Final Statement
21. JOINT FUNDING. For programs in which there are sources of funds in addition to
those identified in Exhibit B, Budget, Subrecipient shall provide documentation detailing
percentages of CDBG and non CDBG allocations as part of the Budget.
9
The City shall not pay for any services paid for by Subrecipient which are funded by other
sources and are not within the City limits.
All restrictions and/or requirements relative to accounting, budgeting and reporting apply to
the total program regardless of funding sources.
22. PROGRAM INCOME. Program Income as defined in 24 CFR 570.500 and 570.504(c)
shall be recorded as part of the financial transactions of the Senior Center Program and shall
be returned to the City.
23. ASSURANCES. Subrecipient hereby assures and certifies that it has complied with
the Act, applicable regulations, policies, guidelines and requirements, OMB, Circular A-110,
A-122 and A-133, and that it will comply with all applicable Federal, State and City laws and
regulations as they relate to acceptance and use of Federal funds for this Federally assisted
program. Furthermore, Subrecipient gives assurances and certifies that it will comply with
the provisions of 41 Code of Federal Regulation 60-1.4, 24 CFR 570.502, and 24 Code of Federal
Regulations 135.20 each of which are incorporated herein by this reference. Subrecipient
further assures and certifies that it will comply with any future amendments for changes to
said required assurances and that during the term of this Agreement will maintain current
copies of said assurances at the address specified in Section 24 below.
24. NOTICES. All notices shall be served in writing. The Notices to Subrecipient shall
be sent to the following address: Executive Director, Santa Clarita Valley Committee on
Aging Corporation, 22900 Market Street, Santa Clarita, CA 91321. Notices, reports and
statements to the City shall be delivered or sent to the City Project Coordinator, CDBG
Program, 23920 Valencia Boulevard, Suite 300, Santa Clarita, CA 91355.
25. ASSIGNMENT. The services to be rendered to the public pursuant to this Agreement
by the Subrecipient or considered to be unique, personal services and the Subrecipient shall
not assign, delegate, sub contract, transfer or otherwise substitute its interest or obligations
10
in this Agreement without the prior written consent of the City.
26. TERMINATION AND TERMINATION COSTS. This Agreement may be terminated
at any time by either party without cause upon giving thirty (30) days written notice. City
may immediately terminate this Agreement by written notice upon the termination,
suspension, discontinuation or substantial reduction in CDBG funding for the Agreement
activity, or if for any reason the timely completion of the work under this Agreement is
rendered improbable, infeasible or impossible or when both parties agree that the
continuation with the program would not produce beneficial results commensurate with the
further expenditures of funds. In such event, Subrecipient shall be compensated for all
services rendered and all necessarily incurred costs performed in good faith in accordance
with the terms of this Agreement that have not been previously reimbursed, to the date of
said termination to the extent CDBG funds are available. In accordance with 24 CFR 85.43,
suspension or termination may occur if the subrecipient materially fails to comply with any
term of the award and the award may be terminated for convenience in accordance with 24
CFR 85.44.
27. FISCAL LIMITATIONS. The United States of America through HUD in the future
may place programmatic fiscal limitation(s) on CDBG funds not presently anticipated.
Accordingly, the City reserves the right to revise this Agreement in order to take into account
actions affecting HUD program funding. In the event of funding reduction, the City may
reduce the budget of this Agreement as a whole or as a cost category, may limit the rate of
Subrecipient's authority to commit and spend funds, or may restrict Subrecipient's use of both
its uncommitted and its unspent funds. Where HUD has directed or requested the City to
implement a reduction in funding, in whole or as to cost category, with respect to funding for
this Agreement, the City Project Coordinator may act for the City in implementing and
effecting such a reduction and in revising the Agreement for such purpose.
11
Where the City Project Coordinator has reasonable grounds to question the fiscal
accountability, financial soundness, or compliance with this Agreement of Subrecipient, the
City Project Coordinator may act for the City in suspending the operation of this Agreement
or up to Thirty (30) days upon three (3) days' written notice to Subrecipient of his intention
to so act, pending an audit or other resolution of such questions. In no event, however, shall
any revision made by the City affect expenditures and legally binding commitments made by
Subrecipient before it received notice of such revision, provided that such amounts have been
committed in good faith and are otherwise allowable and that such commitments are
consistent with HUD cash withdrawal guidelines.
28. USE OF FUNDS FOR ENTERTAINMENT, MEAL, OR GIFTS. Subrecipient certifies
and agrees that it will not use funds provided through this Agreement to pay for
entertainment, meals, or gifts.
29. CONFLICT OF INTEREST. The Subrecipient shall maintain a code for standards of
conduct that will govern the performance of its officers, employees or agents engaged in the
awarding and administration of contracts using Federal funds. No employee, officer or agent
shall participate in the selection, award or administration of a contract in which Federal funds
are used if a conflict of interest, real or apparent would be involved.
30. DISCRIMINATION. Subrecipient will comply with Title VIII of the Civil Rights Act
of 1968,42 U.S.C. 3801, amended by Title I of the Housing and Community Development Act
of 1974 which prohibits against discrimination, exclusion of participation, or denial of benefits
on the grounds of race, creed, color or national origin, familial status or disability.
31. BUDGET MODIFICATIONS. The City Project Coordinator may grant budget
modifications to this Agreement for the movement of funds within the budget categories
identified in Exhibit B, Budget, when such modification:
12
a Do not exceed $10,000 per budget cost category;
b. Are specifically requested by Subrecipient, in writing;
c Do not alter the amount of compensation with this Agreement;
d. Will not change the project goals or scope of services;
C. Are in the best interest of the City and Subrecipient in
performing the scope of services under this Agreement,
f. Related to salaries, are in accordance with applicable salary ordinances or laws;
and
g. The: City Project Coordinator, subject to the restrictions in Sections 27 and 28,
may authorize reallocation of Budget line items and other items within the
Agreement; Exhibit B, Budget.
h. Is consistent with the CDBG Agreement.
32. TIME OF PERFORMANCE MODIFICATIONS. City Project Coordinator may grant time
of performance modifications to this Agreement (see Section 3) when such modifications:
a In aggregate do not exceed twelve (12) calendar months and;
b. Are specifically requested by Subrecipient in writing.
33. AUDIT EXCEPTIONS BY STATE AND FEDERAL AGENCIES. Subrecipient agrees
that in the event the program established hereunder is subject to audit exceptions by
appropriate State and Federal audit agencies, it shall be responsible for complying with such
exceptions and paying the U.S. Department of Housing and Urban Development the full
amount of City's liability to the funding agency resulting from such audit exceptions.
13
34. PURCHASE AND INVOICE DEADLINES. Purchase of equipment and supplies must
be completed before the last month of the Agreement period and all equipment and supply
bills are to be paid before the last month of this period. Invoices for all obligations incurred
under this Agreement must be submitted to the City within sixty (60) days from when the
indebtedness is incurred or they may be subject to disallowance. Payment invoices which
have not been submitted for payment prior to the termination date of this Agreement, must
be forwarded to the City with thirty (30) days after the Agreement termination date or they
may not be honored. Exceptions to the preceding limitations require prior written approval
by the City Project Coordinator.
35. ACQUISITION OF SUPPLIES AND EQUIPMENT. Following approval by the City
for necessary supplies and equipment for Agreement performance, Subrecipient may purchase
from a related agency/organization only if: (a) prior authorization is obtained in writing from
the City; (b) no more than maximum prices or charges are made and no less than minimum
specifications are met as provided in writing by the City; (c) a community related benefit is
derived from such Subrecipient related acquisition; and (d) no conflict of interest for private
gain accrues to Subrecipient or its employees, agents or officers.
36. AUDITS. Subrecipient program as provided under this agreement will be audited
in accordance with City policies and Federal guidelines as outlined on OMB Circular A-133
and Attachment F of OMB Circular A-110. The City or its authorized representatives shall,
at all times, have access for the purpose of audit or inspection to any and all books,
documents, papers, records, property, and premises of Subrecipient. SubrecipienVs staff will
cooperate fully with authorized auditors when they conduct audits and examinations of
program. If indications of misappropriation or misapplication of the fund of this Agreement
cause the City to require a special audit, the cost of the audit will be encumbered and
deducted from this Agreement budget.
14
Should the City subsequently determine that the special audit was not warranted, the amount
encumbered will be restored to the Agreement budget The City Project Coordinator shall
request a copy of the Subrecipient's financial audit for activities performed under this
Agreement at the expiration of the final phase out period.
37. FINANCIAL PHASE OUT PERIOD. Subrecipient agrees to complete all necessary
financial phase out procedures required by the City Project Coordinator within period of not
more that forty-five (45) calendar days from the expiration date of this Agreement. This time
period will be referred to as the financial phase out period. The City is not liable to provide
reimbursement for any expenses or costs associated with this Agreement after the expiration
of the financial phase out period. After the expiration of the financial phase out period, those
funds not paid to Subrecipient under this Agreement, if any, may be immediately
reprogrammed by City into other eligible activities in the City, if no amendment to the Final
Statement is required.
38. PERSONNEL POLICIES. City may review Subrecipient's personnel policies and
may make available to Subrecipient personnel policies developed by City. City personnel
policies are optional with Subrecipient, unless City verifies personnel management problems
during the Agreement period, in which instance The City Project Coordinator may require use
of City developed personnel practices, including use of City Personnel Policies, as a condition
of continued funding of the Agreement. Personnel policies include, but are not limited to,
staff size and levels, salaries, supervisory -subordinate ratios, consultant fees, fringe benefits
and other related matters.
39. NEPOTISM. Subrecipient shall not hire nor permit the hiring of any person to fill
a position funded through this Agreement if a member of that person's immediate family is
employed in an administrative capacity by Subrecipient.
15
For the purposes of this section, the term "immediate family" means spouse, child, mother,
father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law,
daughter-in-law, aunt, uncle, niece, nephew, step-parent, and step -child. The term
"administrative capacity" means having selection, hiring, supervisory or management
responsibilities, including serving on the governing body of Subrecipient.
40. RELIGIOUS AND POLITICAL ACTIVITIES. Subrecipient agrees that funds under
this Agreement, will be used exclusively for performance of the services required under this
Agreement, and that no funds made available under this Agreement shall be used to promote
religious or political activities in connection with the performance of this Agreement.
41. OUTSIDE EMPLOYMENT. In its written personnel policies, Subrecipient shall
include the following provisions governing outside employment of its employees:
a. Such employment shall not interfere with efficient performance of the
employee's duties in the program of this Agreement;
b. Such employment shall not involve a conflict of interest or an appearance of
conflict with the employee's duties in the program of this Agreement;
c. Such employment shall not involve the performance of duties which the
employee should perform as part of his employment in the program of this
Agreement; and
d. Such employment shall not occur during the employee's regular or assigned
working hours in the program of this Agreement, unless during the entire day
on which such employment occurs, the employee is on vacation, compensatory
leave or leave without pay Subrecipient shall establish effective procedures to
enforce these provisions and must provide specific procedures regarding outside
employment of its full-time personnel whose duties are not readily confined to
a standard work -day or work -week..
16
Personnel includes, but is not limited to, Executive Directors, neighborhood workers, and
other employees whose responsibilities may require them to be available for duty during
evenings or on weekends.
42. STAFF TRAVEL. Subrecipient shall not incur any expenditures for travel outside of
Los Angeles County, without prior written approval of City.
43. USE OF FUNDS. All funds approved under this Agreement shall be used solely for
costs approved in the program budget for this Agreement. Agreement funds shall not be used
as a cash advancement, to guarantee payments for any non -program obligations, or as loans
for non -program activities. Separate financial and program records shall be kept for each
funding source.
44. RETENTION OF AND ACCESS TO RECORDS. The City, HIlD or any other duly
authorized representative shall have the right of access to any books, documents, papers and
records of the Subrecipient which are directly pertinent to the contract for the purpose of
making audit or examination, for three years after final payments, audits, program reviews
and all other pending matters are closed.
45. ATTORNEY FEES. In the event legal proceedings are necessary to enforce the terms,
provisions or conditions of this Agreement, the prevailing party in such legal proceeding shall
be entitles to recover reasonable attorney fees.
46. REVERSION OF ASSETS. Subrecipient shall transfer to the City any CDBG funds
on hand at the time of expiration of Agreement and any accounts receivable attributable to
the use of CDBG funds. An audit may be required of Subrecipient in accordance with
Section 37, Audits of this Agreement. Subrecipient will ensure that any real property under
the Subrecipient's control that was acquired or improved in whole or in part with CDBG
funds in excess of $25,000 is either.
1. Used to meet one of the national objectives until five years after expiration of the
17
Agreement, or for such longer period of time as determined to be appropriate by City, or
2. Disposed of in a manner that results in the Subrecipient being reimbursed in the
amount of the current fair market value of the property less any portion of the value
attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the
property.
47. EXTENT OF AGREEMENT. This writing constitutes the entire agreement between
the City and Subrecipient. There are no oral agreements or amendments between the parties.
This Agreement shall not be amended, except in writing, executed by both parties to this
Agreement.
Executed on this day of
SANTA CLARITA VALLEY
COMMITTEE ON AGING:
By
President
Attest:
By:
Donna M. Grindey, City Clerk
Approved as to form:
By:
City Attorney
CDSG\fwnh 8gao.2
19
1996 at the City of Santa Clarita.
CITY OF SANTA CLARITA:
By.
George Caravalho
City Manager
EXHIBIT A: Project Description
20
EXHIBIT B: Budget
21
Exhibit C Cost Allocation Plan
22
City of Santa Clarita 1996-97 CDSG Program Year
AGREEMENT BETWEEN THE CITY OF SANTA CLARITA
AND THE COUNTY OF LOS ANGELES
DEPARTMENT OF COMMUNITY AND SENIOR CITIZEN SERVICES
THIS AGREEMENT is made and entered into in the CITY OF SANTA CLARITA,
hereinafter referred to as "City", and the County of Los Angeles including its Department of
Community and Senior Citizens Services, hereinafter referred to as "Subrecipient".
RECITALS
WHEREAS, The City of Santa Clarita has entered into an Agreement with the U.S.
Department of Housing and Urban Development (HUD) to execute the City's Community
Development Block Grant (CDBG) Program under the Housing and Community Development
Act of 1974, as amended, hereinafter called the "Act", and
WHEREAS, Subrecipient desires to participate in said program and is qualified by
reason of experience, preparation, organization, staffing and facilities to provide services.
NOW, THEREFORE, the parties hereto agree as follows:
Page 1 of 18
1. AGREEMENT. This agreement consists of this document and attachments:
Exhibit A, Project Description and Budget; Exhibit B, project performance report.
2. SCOPE OF SERVICES. Subrecipient is to perform all the services set forth
in the Project Description, Exhibit A, to this Agreement, a copy of which is attached hereto
and incorporated herein by this reference.
3. TIME OF PERFORMANCE. Said services of Subrecipient are to
commence upon approval and execution of this Agreement by the City of Santa Clarita and
the County of Los Angeles through the Department of Community and Senior Citizens
Services, and shall be completed no later than June 30, 1997.
4. AGREEMENT ADMINISTRATION. The City's CDBG Program
Coordinator, Hereinafter called "City Project Coordinator," or his/her designee shall have full
authority to act for City in the administration of this Agreement consistent with the provisions
contained herein.
5. COMPENSATION AND METHOD OF PAYMENT. Upon approval and
execution of this agreement, the City shall pay Subrecipient an amount not to exceed the sum
of thirty one thousand dollars ($31,000), which shall constitute full and complete
compensation hereunder provided for personnel costs associated with services described in
Exhibit A of this agreement. The parties understand and agree that said compensation will
be paid by the City from Community Development Block Grant (CDBG) funds for the fiscal
year 1996-97 for allowable costs and shall not be a charge on any other funds of the City.
Page 2 of 18
6. RECORDS AND REPORTING.
(a) Accounting. Subrecipient must establish and maintain on a current basis an
adequate accounting system in accordance with generally accepted accounting principles and
standards, and 24 CFR Part 85.
(b) Reports and Audits. Subrecipient shall submit to the City a detailed monthly
progress report as set forth in Exhibit B. Subrecipient shall retain and the City shall have
access to any books, documents, papers and records of the Subrecipient for audit or
examination to City representatives, upon request, at any time for the duration of this
agreement and during a period of three (3) years after final payments are issued and all other
pending matters are closed in accordance with 24 CFR 85.42 (b).
7, INDEPENDENT CONTRACTOR. Subrecipient will be acting in an
independent capacity and not as an agent, employee, partner, joint venturer, or associate of
the City. The employees or agents of Subrecipient shall not be deemed or construed to be
the agent or employees of the City for any purpose whatsoever.
8. NON -ASSIGNABILITY. The services to be rendered to the public pursuant
to this Agreement by the Subrecipient are considered to be unique, personal services, and
Subrecipient shall not assign, delegate, subcontract, transfer or otherwise substitute its interest
or obligations in this Agreement without the prior written consent of City. Any attempt by
Subrecipient to assign any performance of the terms of this agreement shall be null and void
and shall constitute a material breach of this agreement.
Page 3 of 18
9. MINT FUNDING. For programs in which there are sources of funds in
addition to those identified in Exhibit A, Subrecipient shall provide proof of such funding.
The City shall not pay for any services provided by Subrecipient which are funded by other
sources. All restrictions and/or requirements provided in this Agreement relative to
accounting, budgeting, and reporting apply to the total program regardless of funding sources.
10. INDEMNIFICATION AND HOLD HARMLESS. Subrecipient, agrees to
indemnify, defend with counsel approved by City; and hold harmless City, its agents, elected
and appointed officers, and employees from and against any.and all liability, expense,
including defense costs and legal fees, and claims for damage of any nature whatsoever,
including but not limited to, bodily injury, death, personal injury, or property damage arising
from or connected in any way with Subrecipient's operations or its services hereunder.
11. INSURANCE. Without limiting Subrecipient's indemnification of City,
Subrecipient shall provide and maintain at its own expense during the term of this Agreement
a program of insurance satisfactory to the City's Risk Manager covering its operations
hereunder as specifically defined:
(a) Worker's Compensation. Subrecipient shall carry adequate Worker's
Compensation Insurance at its sole expense, for its employees as required by California law,
including employer's liability limits of $1,000,000 (one million dollars) per occurrence,
combined single limit.
(b) General Liability. Subrecipient shall carry Comprehensive General Liability
Insurance at its sole expense, including any contractual liability coverage, in an amount of not
less than $1,000,000 (one million dollars) per occurrence, combined single limit.
Page 4 of 18
(c) Professional Liability. Subrecipient shall carry Professional Liability at its
sole expense, including errors and omissions in the amount of $1,000,000 (one million dollars).
(d) Blanket Honesty Bond. Subrecipient shall carry a Blanket Honesty Bond
at its sole expense, in an amount of at least 50 -percent of the contract amount or $25,000,
whichever is less.
(e) Automotive Insurance. Subrecipient shall procure and maintain, at its sole
expense, throughout the term of this agreement and any extension thereof, public liability and
property damage insurance coverage for automotive equipment with coverage limits of not
less than $500,000 combined single limit. All such insurance shall be primary insurance, and
shall name the City of Santa Clarita as an additional insured.
(f) Additional Insured. Concurrent with the execution of this agreement,
Subrecipient shall provide the City with a certificate or certificates of such insurance naming
the City as an additional insured.
(g) Cancellation. All of the aforementioned policies of insurance shall contain a
provision rendering the policy not subject to cancellation except upon thirty (30) days written
notice to both Subrecipient and City.
12. FAILURE TO PROCURE INSURANCE. Failure on the part of Subrecipient
to procure or maintain required insurance shall constitute a material breach of Agreement
under which City may immediately terminate this Agreement or, at its discretion, procure or
renew such insurance and pay any and all premiums in connection therewith, and all monies
so paid by City shall be repaid by Subrecipient to City upon demand or City may offset the
cost of the premiums against any monies due to Subrecipient from City.
Page 5 of 17
13. COMPLIANCE WITH LAWS. All parties agree to be bound by applicable
Federal, State and local laws, ordinances, regulations, and directives as they pertain to the
performance of this Agreement. This Agreement is subject to and incorporates the terms of
the Act; 24 Code of Federal Regulations, Part 570, including but not limited to uniform
administrative requirements described in 24 CFR Section 570.502, and program income
requirements set forth in Section 570.504 (c), Chapter V; 24 CFR Part 85; U.S. OMB Circular
A-87; A-122, and A-128, as applicable, as they relate to the acceptance and use of Federal funds
under this part and Auditor -Controller Contract Accounting and Administrations Handbook.
14. ASSURANCES. Subrecipient hereby assures and certifies that it has
complied with the Act, applicable regulations, policies, guidelines and requirements, and that
it will comply with all applicable Federal, State and City laws and regulations as they relate
to acceptance and use of Federal funds for this Federally assisted program. Furthermore,
Subrecipient gives assurances and certifies that it will comply with the provisions of 41 Code
of Federal Regulations 60-1.4,24 Code of Federal Regulations 570.502 and 24 Code of Federal
Regulations 135.20 each of which are incorporated herein by this reference. Subrecipient
further assures and certifies that it will comply with any future amendments or changes to
said required assurances and that during the term of this Agreement will maintain current
copies of said assurances at the address specified in Section 34 below.
Page 6 of 17
15. EXPENDITURES. Expenditures made by Subrecipient in the operation of this
Agreement shall be in strict compliance and conformity with budget set forth in Exhibit A
and U.S. OMB Circulars A-110 and A-122, unless prior written approval for an exception is
obtained from City. Separate financial and program records shall be kept for each funding
source.
16. AUDITS Subrecipient program will be audited in accordance with the City's
policy and funding source guidelines. Audits may also be conducted by Federal, or State
funding source guidelines. The City or its authorized representatives shall, at all times, have
access for the purpose of audit or inspection to any and all books, documents, papers, records,
property, and premises of Subrecipient. Subrecipient's staff will cooperate fully with
authorized auditors when they conduct audits and examinations of program. If indications
of misappropriation or misapplication of the funds of this Agreement cause the City to
require a special audit, the cost of the audit will be encumbered and deducted from this
Agreement budget. Should the City subsequently determine that the special audit was not
warranted, the amount encumbered will be restored to the Agreement budget.
17. CHANGES. The City may, from time to time, request changes in the Scope
of Services of Subrecipient to be performed hereunder. Such changes, including any increase
or decrease in the amount of Subrecipient's compensation, which are agreed upon by and
between the City and Subrecipient shall be incorporated into this Agreement by written
amendments.
Page 7 of 17
18. CHANGES IN GRANT ALLOCATION. The City reserves the right to reduce
the grant allocation when the City's fiscal monitoring indicates that Subrecipient's rate of
expenditure will result in unspent funds at the end of the program year. Changes in the grant
allocation done after original approval will be incorporated into this Agreement by written
amendments.
19. TIME OF PERFORMANCE MODIFICATIONS. City Project Coordinator
or his/her designee may grant time of performance modifications to this Agreement (see
Section 3) when such modifications:
a. In aggregate do not exceed twelve (12) calendar months and;
b. Are specifically requested by Subrecipient in writing.
20. PROGRAM INCOME. Program income as defined in 24 CFR 570.500 and
570.504 (c) shall be recorded as part of the financial transactions of the Service Center Program
and shall be returned to the City.
21. AFFIRMATIVE ACTION. The Subrecipient shall make every effort to ensure
that all projects funded wholly or in part by CDBG funds shall provide equal employment
and career advancement opportunities for minorities and women. To the greatest extent
feasible, the Subrecipient shall make every effort to employ and provide opportunities for
training low and moderate income persons residing within the community where the project
is located as well as award contracts to local businesses in the community and utilize small
minority and women's firms. Subrecipient shall keep a record of the opportunities and
positions that have been created directly as a result of this program.
Page 8 of 17
22. DISCRIMINATION. In accordance with Public Law 88-352, no person
shall, on the grounds of age, race, sex, creed, color, religion, national origin, or handicapped
status be excluded from participating in, or be refused the benefits of, or otherwise be
subjected to discrimination in any activities, programs, or employment supported by this
agreement.
23. PROGRAM EVALUATION AND REVIEW. The Subrecipient shall make
available for inspection its performance, financial and all other records pertaining to
performance of this Agreement to authorized U.S. Department of Housing and Urban
Development personnel, and allow the City to inspect, evaluate and monitor its facilities and
have access to program operation and activities including the interviewing of Subrecipient
and program participants as required by the City. Facilities include all files, records, and
other documents related to the performance of this Agreement. Activities include attendance
at staff, board of directors, advisory committee, and advisory board meetings, and observation
of on-going program functions. Subrecipient will ensure the cooperation of its staff and
board members in such efforts. City Project Coordinator or his/her designee will conduct
periodic program progress review. These reviews will focus on the extent to which the
planned program has been implemented and measurable goals achieved, effectiveness of
program management, and impact of the program. Subrecipient agrees to submit all data that
are necessary to complete the Annual Grantee Performance Report and monitor program
accountability and progress in accordance with applicable Housing and Urban Development
(HUD) requirements and City performance goals.
Page 9 of 17
24. AUDIT EXCEPTIONS BY STATE AND FEDERAL AGENCIES. Subrecipient
agrees that in the event the program established hereunder is subject to audit exceptions by
appropriate State and Federal audit agencies, it shall be responsible for complying with such
exceptions and paying the U.S. Department of Housing and Urban Development the full
amount of City's liability to the funding agency resulting from such audit exceptions.
25. CONFLICT OF INTEREST. Subrecipient, its agents and employees shall
comply with all applicable Federal provisions, City, County and State laws prohibiting
conflict of interest activities in accordance with 24 CFR 85.36(b)(3) of Community
Development Block Grant regulations. Subrecipient shall make available to its agents and
employees copies of these laws governing conflict of interest.
26. REVERSION OF ASSETS. Upon expiration of this agreement, Subrecipient
shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts
receivable attributable to the use of CDBG funds.
27. PERSONNEL POLICIES. City may review Subrecipient's personnel policies
and may make available to Subrecipient personnel policies developed by City. City personnel
policies are optional with Subrecipient, unless City verifies personnel management problems
during the Agreement period, in which instance City's Project Coordinator or his/her designee
may require use of City developed personnel practices, including use of City Personnel
Policies, as condition of continued funding of future Agreement awards. Personnel policies
include, but are not limited to, staff size and levels, salaries, supervisory -subordinate ratios,
consultant fees, fringe benefits and other related matters.
Page 10 of 17
28.. FINANCIAL PHASEOUT PERIOD. Subrecipient agrees to complete all
necessary financial phase out procedures required by the City Project Coordinator, or his/her
designee, within period of not more than forty-five (45) calendar days from the expiration date
of this Agreement. This time period will be referred to as the financial phase out period.
The City is not liable to provide reimbursement for any expenses or costs associated with this
Agreement after the expiration of the financial phase out period, those funds not paid to
Subrecipient under this Agreement, if any, may be immediately reprogrammed by City into
other eligible activities in the City. A final financial audit shall be conducted in accordance
with 24 CFR 85.26 for activities performed under this Agreement at the expiration of the final
phase out period.
29. NEPOTISM. Subrecipient shall not hire nor permit the hiring of any person
to fill a position funded through this Agreement if a member of that person's immediate
family is employed in an administrative capacity by Subrecipient. For the purposes of this
section, the term "immediate family" means spouse, child, mother, father, brother, sister,
brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt,
uncle, niece, nephew, step-parent, and step -child. The term "Administrative capacity" means
having selection, hiring, supervisory or management responsibilities, including serving on the
governing body of Subrecipient.
30. RELIGIOUS AND POLITICAL ACTIVITIES. Subrecipient agrees that funds
under this Agreement, will be used exclusively for performance of the work required under
this Agreement, and that no funds made available under this Agreement shall be used to
promote religious or political activities in connection with the performance of this Agreement.
Page 11 of 17
31. FISCAL LIMITATION. The United States of America through HUD may
in the future place programmatic fiscal limitation(s) on CDBG funds not presently anticipated.
Accordingly, the City reserves the right to revise this Agreement in order to take into account
actions affecting HUD program funding. In the event of funding reduction, the City may
reduce the budget of this Agreement as a whole or as a cost category, may limit the rate of
Subrecipient's authority to commit and spend funds, or may restrict Subrecipient's use of both
its uncommitted and its unspent funds. Where the U.S. Department of Housing and Urban
Development has directed or requested the City to implement a reduction in funding, in
whole or as to cost category, with respect to funding for this Agreement, City Project
Coordinator or his/her designee; may act for the City in implementing and effecting such a
reduction and in revising the Agreement for such purpose. Where City Project Coordinator
has reasonable grounds to question the fiscal accountability, financial soundness, or
Subrecipient's compliance with this Agreement, City Project Coordinator may act for the City
in suspending the operation of this Agreement for up to thirty (30) days upon three (3) days
written notice to Subrecipient of his or her intention to so act, pending an audit or other
resolution of such questions. In no event, however, shall any revision made by the City affect
expenditures and legally binding commitments made by Subrecipient before it received notice
of such revision, provided that such amounts have been committed in good faith and are
otherwise allowable and that such commitments are consistent with HUD cash withdrawal
guidelines.
32. USE OF FUNDS FOR ENTERTAINMENT. MEAL OR GIFTS. Subrecipient
certifies and agrees that it will not use funds provided through this Agreement to pay for
entertainment, meals or gifts.
Page 12 of 17
33. STAFF TRAVEL. Subrecipient shall not incur any expenditures for travel
outside of Los Angeles County, without prior written approval of City.
34. NOTICES. All notices shall be served in writing. The Notices to
Subrecipient shall be sent to the following address: County of Los Angeles, Department of
Community and Senior Citizen Services, 317 West Sixth Street, Los Angeles, CA 90020,
Attention: Sue Widman, Fiscal Division. Notices, reports and statements to the City shall be
delivered or sent to City of Santa Clarita, CDBG Program, 23920 Valencia Boulevard, Suite
300, Santa Clarita, CA 91355.
35. TERMINATION AND TERMINATION COSTS. This Agreement may be
terminated at any time by either party upon giving thirty (30) days written notice. City may
immediately terminate this Agreement by written notice upon the termination, suspension,
discontinuation or substantial reduction in CDBG funding for the Agreement activity, if for
any reason Subrecipient materially fails to comply with any term of this agreement, or the
timely completion of this work under this Agreement is rendered improbable, infeasible or
impossible. In such event, Subrecipient shall be compensated for all services rendered and
all necessarily incurred costs performed in good faith in accordance with the terms of this
Agreement that have not been previously reimbursed, to the date of said termination to the
extent CDBG funds are available. In accordance with 24 CFR 85.43, suspension or termination
may occur if the Subrecipient materially fails to comply with any term of the award and the
award may be terminated for convenience in accordance with 24 CFA 85.44
Page 13 of 17
36. ATTORNEY FEES. In the event legal proceedings are necessary to enforce the
terms, provisions or conditions of this Agreement, the prevailing party in such legal
proceedings shall be entitled to recover reasonable attorney fees.
37. ENTIRE AGREEMENT. This Agreement with attachments, constitutes the
entire agreement between City and Subrecipient. There are no oral agreements or
amendments between parties. This Agreement shall not be amended, except in writing,
executed by both parties to this Agreement.
Page 14 of 17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first written above.
LOS ANGELES COUNTY, DEPARTMENT OF
COMMUNITY SERVICES AND SENIOR
CITIZEN SERVICES:
Date:
By:
Attest:
Approved as to form:
Date:
Page 15 of 17
CITY OF SANTA CLARITA:
George Caravalho, City Manager
Attest:
Donna M. Grindey, City Clerk
Approved as to form:
City Attorney
COUNTY OF LOS ANGELES
DEPARTMENT OF COMMUNITY AND SENIOR CITIZENS SERVICES
SANTA CLARITA SERVICE CENTER
PROJECT DESCRIPTION AND BUDGET
EXHIBIT A
Purposes and Beneficiaries
Under the administration of the Los Angeles County Department of Community and Senior
Citizens Services, the Santa Clarita Valley Service Center will provide a variety of public
social services to the City of Santa Clarita, as well as the Castaic/Val Verde areas of the Santa
Clarita Valley for low and moderate income residents. The Community Development Block
Grant will be used to pay for personnel and operational costs to implement the services
provided by the Human Relations program.
Program Budget
The annual personnel budget for the Santa Clarita Valley Service Center staff is
approximately $300,000 paid from County of Los Angeles Community and Senior Citizens
Services. The City of Santa Clarita CDBG grant provides 10% of the center's personnel
budget.
Project Scope
The Human Relations program predominantly benefits low and moderate income persons.
It is a program aimed at, addressing social needs and removing racial tensions in the
community through various activities. These activities take many forms. Examples include:
providing intermediaries for police/resident relations; providing support for and facilitating
the City's neighborhood improvement programs and efforts in the East Newhall area.
The City of Santa Clarity Community Development Block Grant program funds will be used
to maintain the current public social service level of the Human Relations program as well
as other services currently provided. These services include the following:
a) Counseling on neighborhood improvement programs such as: home
rehabilitation and home improvements, social security, paralegal and
immigration problems; food, clothing and homeless shelter services.
b) Translation and forms processing.
c) Food, clothing and homeless shelter direct assistance on emergency basis.
d) Network with a variety of community organizations, with impact on the
welfare of the residents of the target areas.
Page 16 of 17
e) Provide mediation services as means to resolve personal and community
conflicts.
The Santa Clarita Valley Service Center proposes to serve a minimum of client volume of
5,000 service units. These figures are based on current staffing levels and number of tenant
agencies operating at the Center.
An eligible applicant is defined as a household consisting of one or more persons who occupy
a single family detached house, where the household income does not exceed the low and
moderate income limits, established by the United States Department of Housing and Urban
Development Section 8 income criteria.
Documentation and Reports
The Santa Clarita Valley Service Center is to provide a copy of the monthly program progress
report of which a copy will be forwarded to the City by Los Angeles County Department of
Community and Senior Citizens Services by the 15th of each month. This report will indicate
program performance activities for each prior month. Reports will include monthly progress
on program performance goals regarding:
1. Client volume of service units.
2. Statistics indicating that at least 51% of program participants are low and
moderate income persons based on HUD Section 8 income criteria. Client
income documentation will be on file.
3. Number of tenants groups and agencies operating out of service center.
com�ov\sn«j�i
Page 17 of 17