HomeMy WebLinkAbout1997-06-10 - AGENDA REPORTS - CDBG CONTRACTS (2)AGENDA REPORT
CONSENTCALENDAR
City Mana,
Item to be
Kevin Tonoian
DATE: June 10, 1997
SUBJECT: RENEWAL OF CITY CDBG SUBRECIPIENT CONTRACTS
DEPARTMENT: Community Development
Santa Clarita's Community Development Block Grant (CDBG) Program provides a wide range
of services to residents through agencies and subrecipients contracted by the City. The City's
1997-98 CDBG Entitlement from the Department of Housing and Urban Development (HUD)
has been appropriated in the FY 1997/98 Budget, and 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 a HUD Entitlement City, Santa Clarita is required to implement measures 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 Valley, complaints regarding
housing discrimination in the City of Santa Clarita are investigated. Through this contractfor
services community outreach, awareness, education, counseling services and general housing
information are also provided to City residents.
The Los Angeles County Santa Clarita Valley Service Center provides public social services for
low and moderate income citizens residing in Santa Clarita. Examples of these services include:
providing support to residents; translation assistance to Spanish speaking residents; mediation
and counseling services; paralegal assistance; food and clothing; and homeless shelter services.
The Santa Clarita Valley Committee on Aging is coordinated by the SCV Senior Center, and
provides services to low and moderate income senior citizens. Specifically, the Committee on
Aging provides services to residents who are at risk of being institutionalized, and support
services to help residents access 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 safety and living
conditions in the home, address City code violations, and improve the aesthetic appearance of
property. Priority in this program is given to persons that are elderly; disabled, or single parent
ImsEgo `_- -_
household applicants in need of emergency repairs.
The City will receive $955,000 in approved funding to support these previously contracted
programs and services in CDBG Program Year 1997/98. Current City contracts with these
subrecipients are due to expire at the end of Fiscal Year 1996/97, 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
That the City Council:
1. Approve the City's CDBG Subrecipient Contracts for Program Year 1997-98
2. Direct City staff to take the necessary actions needed to re -authorize these contracts to
provide services for Santa Clarita residents.
ATTACHMENTS
Contracts available for review in the City Clerk's Reading File
sAcd\cdbg\9798cont.wpd
City of Santa Clarita 1997-98 CDBG 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
CommunityDevelopment 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:
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, 1998.
4. AGREEMENT ADMINISTRATION. The City's CDBG Program
Coordinator, Hereinafter called "City Project Coordinator," or his/her designee shall have fall
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 1997-98 for allowable costs and shall not be a charge on any other funds of the City.
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.
9. JOINT 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 Workers
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.
2
(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.
(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 507percent 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.
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.
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.
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 ProjectCooxdinator
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.
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.
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.
28. FINANCIAL PHASE OUT 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.
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.
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
CFR 85.44
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.
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: CITY OF SANTA CLARITA:
By:,
By:,
Attest:
Approved as to form:
Date:
By:
George Caravalho, City Manager
Attest:
Sharon L. Dawson, City Clerk
Approved as to form:
By: By:
City Attorney
COUNTY OF LOS ANGELES
DEPARTMENT OF COMMUNITY AND SENIOR CITIZENS SERVICES
SANTA CLARITA SERVICE CENTER
PROJECT DESCRIPTION AND BUDGET
EXHIBIT A
Poses 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.
Proeram 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.
Proiect Scone
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 Clarita 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.
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:
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.
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City of Santa Clarita 1997-98 CDBG Program Year
FAIR HOUSING COUNCIL OF SAN FERNANDO
SERVICES AGREEMENT
TABLE OF CONTENTS
AGREEMENT. ..................................................
SCOPE OF SERVICES .............................................
TIME OF PERFORMANCE . ....................................... .
AGREEMENT ADMINISTRATION . ...................................
COMPENSATION AND METHOD OF PAYMENT ....................... .
EXPENDITURES.
*
XPENDITURES..
COMPLIANCE WITH LAWS . ...................................... .
INDEPENDENT CONTRACTOR
..
INSURANCE....................................................
a. Worker's Compensation ......................................... .
b. Liability Insurance .............................................
c. Automotive Insurance . ..........................................
d. Blanket Honesty Bond ...........................................
e. Additional Insured ..............................................
f. Property Coveraee..............................................
g. Cancellation
FAILURE TO PROCURE INSURANCE ............................... .
INDEMNIFICATION AND HOLD HARMLESS . .........................
MONITORING AND EVALUATION . .................................
EXPENDABLE PERSONAL PROPERTY . ..............................
SPACE.........................................................
RECORDS AND REPORTING . ..................................... .
a. Accounting....................................................
b. Reports and Audits ..............................................
AFFIRMATIVE ACTION . ..........................................
CHANGES. ................................................
CHANGES IN GRANT ALLOCATION ................................ .
PROGRAM PUBLICITY ............................................
JOINT FUNDING. ................................................
PROGRAM INCOME . .............................................
ASSURANCES....................................................
NOTICES........................................................
ASSIGNMENT....................................................
TERMINATION AND TERMINATION COSTS . ..........................
FISCAL LIMITATIONS. .................AL....OR...GIFTS....................
USE OF FUNDS FOR ENTERTAINMENT. ME. . ............. .
CONFLICT OF INTEREST . .........................................
DISCRIMINATION. ................................................
BUDGET MODIFICATIONS . ........................................
TIME OF PERFORMANCE MODIFICATIONS . ..........................
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34.
AUDIT EXCEPTIONS BY STATE AND FEDERAL AGENCIES ...............
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35.
PURCHASE AND INVOICE DEADLINES ...............................
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ACQUISITION OF SUPPLIES AND EQUIPMENT . .......................
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AUDITS .............
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FINANCIAL PHASE OUT PERIOD ...................................
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PERSONNEL POLICIES ...........................................
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NEPOTISM. ....................................................
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RELIGIOUS AND POLITICAL ACTIVITIES . ...........................
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OUTSIDE EMPLOYMENT ..........................................
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STAFF TRAVEL ..................................................
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44.
USE OF FUNDS.11 .RECORDS...............................
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45.
RETENTION OF AND ACCESS TO ..........................
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46.
ATTORNEY FEES. ...............................................
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47.
REVERSION OF ASSETS . .........................................
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48.
EXTENT OF AGREEMENT .........................................
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EXHIBIT A: PROJECT DESCRIPTION ................................... 13
EXHIBIT B: BUDGET ................................................. 14
EXHIBIT C: PROJECT PROGRESS REPORT ............................... 15
EXHIBIT D: COST ALLOCATION PLAN .................................. 16
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 CLARITA, 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, it is 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 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,
1998.
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 1997/98. 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 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 requireprior 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 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 11, 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 Agreement. The
following minimum insurance limits shall apply:
a. Workers 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 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 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. Prouerty Coveraee. 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, oritsservices 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
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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, 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) 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 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 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 approvalof 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
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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. 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 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 Subrecipienfs 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. 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. 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.
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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.
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 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.
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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 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
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 (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, 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, 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 fonds 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;
10
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 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
11
property.
48. 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
FAIR HOUSING COUNCIL
OF SAN FERNANDO VALLEY:
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Diana Bruno, Executive Director
Attest:
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Sharon L. Dawson, City Clerk
Approved as to form:
City Attorney
sAcd\cdbg\9798fhou.wpd
12
1997 at the City of Santa Clarita.
CNTI M LI] ,'I�.Y\a V.1WQW.\ s%Y V1i
By:
George Caravalho, City Manager
City Of Santa Clarita 1997-98 CDBG Program Year
SANTA CLARITA VALLEY COMMITTEE ON AGING
HANDYWORKER PROGRAM
TABLE OF CONTENTS
1. AGREEMENT .................................................... 1
2. SCOPE OF SERVICES ............................................. 1
3. TIME OF PERFORMANCE.. . ........................ 1
4. AGREEMENT ADMINISTRATION .................................... 1
5. COMPENSATION AND METHOD OF PAYMENT ........................ 1
6. BUDGET SECTION ............................................... 2
7. EXPENDITURES ................................................. 2
8. COMPLIANCE WITH LAWS ........................................ 2
9. INDEPENDENT CONTRACTOR ...................................... 2
10. INSURANCE..................................................... 3
11. FAILURE TO PROCURE INSURANCE ................................ 4
12. INDEMNIFICATION AND HOLD HARMLESS ........................... 4
13. PROGRAM EVALUATION AND REVIEW .............................. 4
14. EXPENDABLE PERSONAL PROPERTY ............................... 4
15. NONEXPENDABLE PROPERTY ..................................... 5
16. PURCHASE OR LEASE OF NONEXPENDABLE PROPERTY OR EQUIPMENT 5
17. ALLOWANCES FOR LEASE OR RENTAL OF VEHICLE AND EQUIPMENT
SPACE......................................................... 5
18. ACCOUNTING ................................................... 5
19. AFFIRMATIVE ACTION ............................................ 5
20. CHANGES ..................................................... 5
21. CHANGES IN GRANT ALLOCATION ................................. 6
22. PROGRAM PUBLICITY ............................................ 6
23, JOINT FUNDING ................................................. 6
24. PROGRAM INCOME ............................................... 6
25. ASSURANCES ................................................... 6
26. NOTICES....................................................... 6
27. ASSIGNMENT ................................................... 6
28.TERMINATION AND TERMINATION COSTS ........................... 6
29. FISCAL LIMITATIONS ............................................. 7
30. USE OF FUNDS FOR ENTERTAINMENT. MEAL, OR GIFTS ......... _ ..... 7
31. CONFLICT OF INTEREST .......................................... 7
32. DISCRIMINATION ................................................ 8
33. BUDGET MODIFICATIONS ......................................... 8
34. TIME OF PERFORMANCE MODIFICATIONS ........................... 8
35. AUDIT EXCEPTIONS BY STATE AND FEDERAL AGENCIES 8
36. PURCHASE AND INVOICE DEADLINES .............................. 8
37. ACQUISITION OF SUPPLIES AND EQUIPMENT ........................ 8
38. MONITORING AND EVALUATION ................................... 9
39. AUDITS........................................................ 9
40. FINANCIAL PHASE OUT PERIOD ................................... 9
41. PERSONNEL .................................................... 9
A. STAFF SELECTION ............................................. 9
B. POLICIES .................................................... 10
42. NEPOTISM ..................................................... 10
43. RELIGIOUS AND POLITICAL ACTIVITIES ............................ 10
44. OUTSIDE EMPLOYMENT ......................................... 10
45. STAFF TRAVEL ................................................ 10
46. EQUIPMENT PURCHASE DEADLINES .............................. 11
47. USE OF FUNDS ................................................ 11
48. REPORTS AND RECORDS ......................................... 11
49. REVERSION OF ASSETS
ASSETS11
50. RETENTIONOFANDACCESSTORECORD.S .
11
51. ATTORNEY FEES ............................................... 11
52. EXTENT OF AGREEMENT ........................................ 12
EXHIBIT A: PROJECT DESCRIPTION ................................... 14
A.1 INCOME LIMITS FOR ELIGIBILITY ...... ....................... 18
A.2 RENTAL PROPERTY OWNER AGREEMENT ....................... 19
EXHIBIT B. BUDGET ................................................ 20
EXHIBIT C. LEAVE ACCRUAL SCHEDULE ............................... 21
EXHIBIT D. COST ALLOCATION PLAN .................................. 22
AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND
SANTA CLARITA VALLEY COMMITTEE ON AGING FOR IMPLEMENTATION
OF
HANDYWORKER SERVICES FOR 1997-98 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.
Z. 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, 1998.
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 1997/98. 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, 1997, 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
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 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
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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.
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) Workers 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.
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(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.
(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 Coveraee Chanee. 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
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.
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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 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 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, 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,
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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 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 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
7
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;
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. 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
H
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 Suhrecipient 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
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 PHASEOUT 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.
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B. POLICIES. City may review Subrecipient's personnel policies and may
make 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;
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.
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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 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 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.
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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.
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Executed on this day of
SANTA CLARITA VALLEY
COMMITTEE ON AGING:
By:
President
Attest:
By:
Sharon 1. Dawson
City Clerk
Approved as to form:
By:
City Attorney
CDBG\9798hdwk.wpd
, 1997 at the City of Santa Clarita.
CITY OF SANTA CLARITA:
0
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George Caravalho
City Manager
CITY OF SANTA CLARITA
HANDYWORKER SERVICES PROGRAM
Fiscal Year 1997-97
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*1 9302. Priority
will be given to single family residences and Mobilehomes.
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.
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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.
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 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 (*).
1. 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
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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.
i. Bathroom and kitchen tile work.
j. Repairs to secure premises against vermin.
k. Removal of lead-based paint.
1. Other minor repairs which do not require permit.
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. It an applicant
has quality usable materials, they can be included as part of the $2,000.00 maximum for
materials 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
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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 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.
17
City of Santa Clarita 1997-98 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 . .......................... . .............. 1
4. AGREEMENT ADMINISTRATION . ................................... 1
5. COMPENSATION AND METHOD OF PAYMENT. ........................ 1
6. EXPENDITURES.................................................. 2
7. COMPLIANCE WITH LAWS ......................... . ...... . ........ 2
8. INDEPENDENT CONTRACTOR ...................................... 2
9. INSURANCE..................................................... 3
a. Worker's Compensation ........................................... 3
b. Liability Insurance . ............................................. 3
c. Automotive Insurance . ........................................... 3
d. Blanket Honesty Bond. .......................................... 3
e. Additional Insured. 3
f. Property Coverage . .............................................. 3
g. Cancellation.................................................... 3
10. FAILURE TO PROCURE INSURANCE ......... .......................... 4
11. INDEMNIFICATION AND HOLD HARMLESS ........................... 4
12. MONITORING AND EVALUATION . .................................. 4
13: EXPENDABLE PERSONAL PROPERTY ................................ 4
14 NONEXPENDABLE PROPERTY ...................................... 4
15. PURCHASE OR LEASE OF NONEXPENDABLE PROPERTY OR EQUIPMENT. 5
16. ALLOWANCES FOR LEASE OR RENTAL OF VEHICLE AND EQUIPMENT
SPACE.......................................................... 5
17. RECORDS AND REPORTING ........................................ 5
a. Accounting ..................................................... 5
b. Reports and Audits..............................................r.I 5
18. AFFIRMATIVE ACTION............................................5
19. CHANGES..................:.................................... 5
20. CHANGES IN GRANT ALLOCATION .................... _ ......... ... 6
21. JOINT FUNDING . ................................................ 6
22. PROGRAM INCOME ............................................... 6
23. ASSURANCES.................................................... 6
24. NOTICES........................................................ 6
25. ASSIGNMENT.................................................... 6
26.. TERMINATION AND TERMINATION COSTS . ... . .... . .................. 6
27. FISCAL LIMITATIONS .............................................. 7
28. USE OF FUNDS FOR ENTERTAINMENT. MEAL. OR GIFTS . ............... 7
29. CONFLICT OF INTEREST . .......................................... 7
30. DISCRIMINATION................................................. 7
31. BUDGET MODIFICATIONS . . . ....................... . ............... 7
32. TIME OF PERFORMANCE MODIFICATIONS. ...........
33. AUDIT EXCEPTIONS BY STATE AND FEDERAL AGENCIES
34, PURCHASE AND INVOICE DEADLINES ............................... .
35. ACQUISITION OF SUPPLIES AND EQUIPMENT . ....................... .
36. AUDITS........................................................
37. FINANCIAL PHASE OUT PERIOD .................................... .
38. PERSONNEL POLICIES ............................................
39. NEPOTISM.......................................................
40. RELIGIOUS AND POLITICAL ACTIVITIES ............................. .
42. OUTSIDE EMPLOYMENT . ..........................................
42. STAFF TRAVEL . .................................................
43. USE OF FUNDS . .................................................
44. RETENTION OF AND ACCESS TO RECORDS .......................... .
45. ATTORNEY FEES .................................................
46. REVERSION OF ASSETS . ...........................................
47. EXTENT OF AGREEMENT ..........................................
EXHIBIT A: Project Description .........................................
EXHIBITB: Budget .................................................
EXHIBIT C: Cost. Allocation Plan ........................................
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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, hereinafterreferred 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
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,
1998.
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 1997/98. The City will reimburse Subrecipient for
1
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 1997, 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.
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 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 $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 tothe 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,
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
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
2
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 Subrecipienfs 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 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.
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 50/0 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.
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.
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.
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 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
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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 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. 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.
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
570.504(c) shall be recorded as part of the
Program and shall be returned to the City.
Income as defined in 24 CFR 570.500 and
financial transactions of the Senior Center
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 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
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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.
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:
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 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.
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 tor Subrecipient or its employees, agents or officers.
36. AUDITS. Subrecipient program as provided underthis 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
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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.
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.
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
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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.
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, HUD 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
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.
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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:
Sharon L. Dawson, City Clerk
Approved as to form:
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City Attorney
s:\cd\cdbg\9798coa.wpd
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, 1997 at the City of Santa Clarita.
CITY OF SANTA CLARITA:
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George Caravalho
City Manager