HomeMy WebLinkAbout1998-06-23 - AGENDA REPORTS - AGMT FOR HANDYWORKER (2)AGENDA REPORT
City Manager Approv �14
Item to be presented by: Dennis Luppens
CONSENT CALENDAR
DATE: June 23, 1998
SUBJECT: AGREEMENT FOR HANDYWORKER PROGRAM
DEPARTMENT: Administrative Services
RECOMMENDED ACTION
City Council approve and authorize the City Manager to execute an agreement with the
Senior Center to provide handyworker services for an amount not to exceed $180,000,
subject to City Attorney approval. This is a 1998-99 budgeted item, Account No. 2512-8001.
BACKGROUND
Annually, the City contracts with the Santa Clarita Valley Committee on Aging (Senior
Center) to provide the City Handyworker Program.
The purpose of the Handyworker Program is to provide funds for small (up to $2,000) home
repair projects to eligible residents. The City Council has approved the continuation of this
program by adopting the CDBG Annual Plan in April and will be approving $180,000 with
the `98299 budget on June 23: The contract provides goals and procedures to monitor the
program's progress. In fiscal year 1996-97, 158 residents were assisted by this program.
By approving staffs recommended action, the Council will maintain the same service
provider used over the last five years.
FISCAL IMPACT
This $180,000 agreement is a budgeted item in the 1998-99 City Budget and funded
through the City's annual CDBG entitlement allocation.
ATTACHMENT
1998-1999 Agreement for Handyworker Services
DEL:hds
(In City Clerks reading file)
City Of Santa Clarita 1998-99 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.......................................................
13. PROGRAM EVALUATION AND REVIEW.............................................................
14. EXPENDABLE PERSONAL PROPERTY.................................................................
15. NONEXPENDABLE PROPERTY.......................................................... I ..................
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16. PURCHASE OR LEASE OF NONEXPENDABLE PROPERTY OR EOUIPMENT
17. ALLOWANCES FOR LEASE OR RENTAL OF VEHICLE AND EQUIPMENT
SPACE...............................................................................................................................................
18. ACCOUNTING.................................................................................................................................
19. AFFIRMATIVE ACTION.................................................................................................................
20. CHANGES.........................................................................................................................................
21. CHANGES IN GRANT ALLOCATION..........................................................................................
22. PROGRAM PUBLICITY..................................................................................................................
23. JOINT FUNDING..............................................................................................................................
24. PROGRAM INCOME.......................................................................................................................
25. ASSURANCES.................................................................................................................................
26. NOTICES.....................................................................................................................................I.....
27. ASSIGNMENT..................................................................................................................................
28. TERMINATION AND TERMINATION COSTS............................................................................
29. FISCAL LIMITATIONS...................................................................................................................
30. USE OF FUNDS FOR ENTERTAINMENT, MEAL, OR GIFTS ....................................................
31. CONFLICT OF INTEREST..............................................................................................................
32. DISCRIMINATION..........................................................................................................................
33. BUDGET MODIFICATIONS...........................................................................................................
34. TIME OF PERFORMANCE MODIFICATIONS.............................................................................
35. AUDIT EXCEPTIONS BY STATE AND FEDERAL AGENCIES .................................................
36. PURCHASE AND INVOICE DEADLINES.....................................................................................
37. ACQUISITION OF SUPPLIES AND EQUIPMENT.......................................................................
38. MONITORING AND EVALUATION..............................................................................................
39. AUDITS.............................................................................................................................................
40. FINANCIAL PHASE OUT PERIOD................................................................................................
41. PERSONNEL....................................................................................................................................
A. STAFF SELECTION....................................................................................................................
B. POLICIES...................................................................................................................................
42. NEPOTISM........................................................................................................................I.............
43. RELIGIOUS AND POLITICAL ACTIVITIES...............................................................................
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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.............................................................................................................. 11
50. RETENTION OF AND ACCESS TO RECORDS.......................................................................... 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
EXHIBITB. 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 1998-99 PROGRAM YEAR
THIS AGREEMENT is made and entered into in the City of Santa Clarita,
California, by and between the CITY OF SANTA CLARITA, hereinafter referred to as "City" and
SANTA CLARITA VALLEY COMMITTEE ON AGING (SCVCOA), hereinafter referred to as
"Subrecipient."
RECITALS
WHEREAS, the City of Santa Clarita supports the national objective of the Housing
and Community Development Act (HCDA) of 1974, as amended, which provides for the
development of viable urban communities by providing for decent housing and a suitable living
environment and expanding economic opportunities, principally for persons of low and moderate
income; and
WHEREAS, the City has entered into an Agreement with the U.S. Department of
Housing and Urban Development (HUD) to execute the City's Community Development Block
Grant (CDBG) Program (CDBG Agreement) which includes the Handyworker Services project
under Title I of the Housing Community Development Act of 1974, as amended, hereinafter called
the "Act," and
WHEREAS, Subrecipient desires to participate in said program and is qualified by
reason of preparation, organization, staffing and facilities to provide services. NOW, THEREFORE,
the parties hereto agree as follows:
1. AGREEMENT. This Agreement consists of this document and attachments: Exhibit A,
Project Description; Exhibit B, Budget; Exhibit C, Leave Accrual Schedule; and Exhibit D, Cost
Allocation Plan.
2. 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, 1999.
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
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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 1998/99. 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 1998, 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,
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and at all times shall be, an independent contractor and nothing contained herein shall be construed
as making the Subrecipient, or any individual whose compensation for services is paid by the
Subrecipient, an agent or employee of the City, or authorizing the Subrecipient to create or assume
any obligation or liability for or on behalf of the City.
10. INSURANCE. Without limiting Subrecipient's indemnification of City, Subrecipient
shall provide and maintain at its own expense during the term of this Agreement a program of
insurance satisfactory to the City's Risk Manager covering its operations hereunder as specifically
defined:
(a) Liability Insurance. During the entire term of this agreement, Subrecipient agrees to
procure and maintain General/Public and Professional public liability insurance at its sole expense
to protect against loss from liability imposed by law for damages on account of bodily injury,
including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever,
resulting directly or indirectly from any act or activities of the city of Subrecipient, or any person
acting for the City, or Subrecipient or under its control or direction, and also to protect against loss
from liability imposed by law for damages to any property of any person caused directly or indirectly
by or from acts or activities of the City, or Subrecipient or under its control or direction. Such public
liability and property damage insurance shall also provide for and protect the City against incurring
any legal cost in defending claims for alleged loss. Such General, Public and Professional liability
and property damage insurance shall be maintained in full force and effect throughout the.term of
the Agreement and any extension thereof in the following minimum limits:
A combined single limit policy with coverage limits in the amount of $1,000,000 per
occurrence will be considered equivalent to the required minimum limits.
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.
(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 Coverage Change. The terms of the insurance policy or policies
issued to provide the above insurance coverage shall provide that said insurance may not be amended
or cancelled by the carrier, for non-payment of premiums otherwise, without thirty (30) days prior
written notice of amendment or cancellation to the City.
In the event the said insurance is cancelled, the Subrecipient shall, prior to the cancellation date,
submit to the City Clerk new evidence of insurance in the amounts heretofore established.
11. FAILURE TO PROCURE INSURANCE. Failure on the part of Subrecipient to procure
or maintain required insurance shall constitute a material breach of Agreement under which City may
immediately terminate this Agreement or, at its discretion, procure or renew such insurance and pay
any and all premiums in connection therewith, and all monies so paid by City shall be repaid by
Subrecipient to City upon demand or City may offset the cost of the premiums against any monies
due to Subrecipient from City.
12. INDEMNIFICATION AND HOLD HARMLESS. Subrecipient, agrees to indemnify,
defend and save City and its agents and employees harmless from any and.all liability, claims,
damages or injuries to any person, including injury to Subrecipient employees and all claims which
arise from or are connected with the performance of or failure to perform the work or other
obligations of this Agreement, or are caused or claim to be caused by the acts or omissions of
Subrecipient, its agents or employees, and all expenses of investigating and defending against same;
provided, however, that this indemnification and hold harmless shall not include any claim arising
from the sole negligence or willful misconduct of the City, its agents or employees.
13. PROGRAM EVALUATION AND REVIEW. Subrecipient shall make available for
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.
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14. EXPENDABLE PERSONAL PROPERTY. Expendable personal property refers to all
tangible personal property other than nonexpendable personal property. Upon termination of this
agreement, if purchased expendable property has an aggregate value of One Thousand Dollars
($1,000) or more, any sale of said property must be preapproved in writing by the City Project
Coordinator or his designee.
15. NONEXPENDABLE PROPERTY. A record. shall be maintained for each item of
nonexpendable property acquired for this program consistent with the property management
standards set forth in 41 Federal Register 148; Attachment N, Circular No A-110. This record shall
be provided to the City upon each purchase. Nonexpendable property shall include only tangible
personal property. Non -expendable personal property means tangible personal property having a
useful life of more than one year and an acquisition cost of three hundred dollars ($300) or more per
unit. A description of all security devices, including, but not limited to, door and window locks,
window bars, grills, and screens shall be submitted to the City for approval prior to purchase. Any
sale or other use or disposition of nonexpendable property having a unit acquisition cost of one
thousand dollars ($1,000) or more must have prior approval of the City and otherwise comply with
all applicable laws and regulations including without limitation Circular A-110. In case of the
Agreement's termination, the City reserves the right to determine the final 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
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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 Subrecipienfs 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
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Boulevard, Suite 300, Santa Clarita, CA 91355.
27. ASSIGNMENT. This agreement is not assignable by Subrecipient without the express
written consent of the City. Any attempt by Subrecipient to assign any performance of the terms of
this Agreement shall be null and void and shall constitute a material breach of this Agreement.
28. TERMINATION AND TERMINATION COSTS. This Agreement may be terminated
at any time by either party without cause, upon giving thirty (30) days written notice. City may
immediately terminate this Agreement by written notice upon the termination, suspension,
discontinuation or substantial reduction in CDBG funding for the Agreement activity, or if for any
reason the timely completion of the work under this Agreement is rendered improbable, infeasible
or impossible. In such event, Subrecipient shall be compensated for all services rendered and all
necessarily incurred costs performed in good faith in accordance with the terms of this Agreement
that have not been previously reimbursed, to the date of said termination to the extent 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. CONFLICTOF 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,
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County, and City laws and regulations governing conflict of interest. Subrecipient shall furnish to
the City prior to execution of the Agreement, a written list of all current or proposed
subgrantees/subcontractors, vendors, or personal service providers, including subsidiaries of
Subrecipient. This list should be limited to those subgrantees/subcontractors, vendors or personal
service providers, including subsidiaries of Subrecipient, which will receive Ten Thousand Dollars
($10,000) or more during the term of this Agreement.
Such a list shall include the names, addresses, telephone numbers, and identification of principal
party(ies) and a description of services to be provided. During the term of this Agreement,
Subrecipient shall notify the city in writing of any change in the list of subgrantees/subcontractors,
vendors, personal service providers or subsidiaries of Subrecipient within fifteen (15) days of any
change.
32. DISCRIMINATION. In accordance with Public Law 88-352, No person shall, on the
grounds of age, race, sex, creed, color, religion, or national origin, be excluded from participating
in, be refused the benefits of, or otherwise be subjected to discrimination in any activities, programs,
or employment supported by this Agreement.
33. BUDGET MODIFICATIONS. City Project Coordinator may grant budget modifications
to this agreement for the movement of funds within the budget categories identified in Exhibit B,
Budget, when such modifications:
a. Do not exceed $10,000 per budget cost category;
b. Are specifically requested by Subrecipient, in writing;
C. Do not alter the amount of compensation with this Agreement;
d. Will not change the project goals or scope of services;
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.
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. 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 specifications are
met as provided in writing by the City; (c) a community related benefit is derived from such
Subrecipient related acquisition; and (d) no conflict of interest for private gain accrues to
Subrecipient or its employees, agents or officers.
38. MONITORING AND EVALUATION. The City will monitor, evaluate, and provide
guidance to Subrecipient in the performance of this Agreement. Authorized representatives of the
City and U.S. Department of Housing and Urban Development Department shall have the right of
access to all activities and facilities operated by Subrecipient under this Agreement. Facilities
include all files, records, and other documents related to the performance of this Agreement.
Activities include attendance at staff, board of directors, advisory committee, and advisory board
meetings, and observation of on-going program functions. Subrecipient will ensure the cooperation
of its staff and board members in such efforts. City Project Coordinator will conduct periodic
program progress review. These reviews will focus on the extent to which the planned program has
been implemented and measurable goals achieved, effectiveness of program management, and
impact of the program. Subrecipient shall provide City Project Coordinator with a monthly work
schedule ten (10) days prior to the month for which repairs are scheduled. Monthly work schedule
shall identify work site address, types of repairs schedule, estimated days/hours on work site and
workers assigned to work site by.type of repair to be completed.
39. AUDITS. Subrecipient program will be audited in accordance with City's policy and
funding source guidelines. Audits may also be conducted by Federal or State funding source
agencies. The City or its authorized representatives shall at all times have access for the purpose of
audit or inspection to any and all books, documents, papers, records, property, and premises of
Subrecipient. Subrecipient's staff will cooperate fully with authorized auditors when they conduct
audits and examinations of program. If indications of misappropriation or misapplication of the fund
of this Agreement cause the City to require a special audit, cost of the audit will be encumbered and
deducted from this Agreement budget. Should the City subsequently determine that the special audit
was not warranted, the amount encumbered will be restored to the Agreement budget.
40. FINANCIAL PHASE OUT PERIOD. Subrecipient agrees to complete all necessary
financial phase out procedures required by the City Project Coordinator, within a period of not more
that forty-five (45) calendar days from expiration date of this Agreement. This time period will be
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referred to as the financial phase-out period. The City is not liable to provide reimbursement for any
expenses or costs associated with this Agreement after the expiration of the financial phase out
period. After expiration of financial phase out period, those funds not paid to Subrecipient under
this Agreement, if any, may be immediately reprogrammed by City into other eligible activities in
the City. The City Project Coordinator shall request a final financial audit for activities performed
under this Agreement at expiration of the final phase out period.
41. PERSONNEL
A. STAFF SELECTION. The City may participate with Subrecipient in the
interview and selection of Handyworker Program staff. The City shall have veto power over
selection of the Program Supervisor. Changes in levels or number of classifications shall be
submitted in writing to City for approval.
B. POLICIES. City may review Subrecipient's personnel policies and may make
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;
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C. Such employment shall not involve the performance of duties which the employee
should perform as part of his employment in the program of this Agreement; and
d. Such employment shall not occur during the employee's regular or assigned working
hours in the program of this Agreement, unless during the entire day on which such
employment occurs, the employee is on vacation, compensatory leave or leave
without pay.
Subrecipient shall establish effective procedures to enforce these provisions and must provide
specific procedures regarding outside employment of its full-time personnel whose duties are not
readily confined to a standard work -day or work -week.
Personnel includes, but is not limited to, Executive Directors, neighborhood workers, and other
employees whose responsibilities may require them to be available for duty during evenings or on
weekends.
45. STAFF TRAVEL. Subrecipient shall not incur any expenditures for travel outside of
Los Angeles County, without prior written approval of City.
46. EQUIPMENT PURCHASE DEADLINES. Subrecipient must purchase all
administrative equipment approved in the Agreement prior to the last four (4) months of the
Agreement. All purchase of administrative equipment and property must be in the possession of
Subrecipient prior to the last three (3) months of the Agreement.
After City approves administrative equipment necessary for Agreement performance,
Subrecipient may purchase from private vendors, provided requirements are met as specified in
OMB Circulars A-110 and A-122.
47. USE OF FUNDS. All funds approved under this Agreement shall be used solely for
costs approved in the program budget for this Agreement. Agreement funds shall not be used as a
cash advancement, to guarantee payments for any non -program obligations, or as loans for
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
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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.
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 , 1998 at the City of Santa Clarita.
SANTA CLARITA VALLEY
COMMITTEE ON AGING: CITY OF SANTA CLARITA:
m
President
Attest:
Sharon 1. Dawson
City Clerk
Approved as to form:
By:
City Attorney
CDBG19798hdwkwpd
By:
George Caravalho
City Manager
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CITY OF SANTA CLARITA
HANDYWORKER SERVICES PROGRAM
Fiscal Year 1998-99
EXHIBIT A: PROJECT DESCRIPTION
Program Purpose and Beneficiaries
The purpose of the Handyworker Services Program is to provide labor and materials to
approximately "95" low and moderate households for minor housing rehabilitation services for
eligible homeowner and renter households. The program's intent, in order of priority, is to promote
repairs to improve the safety and living conditions of the home, address code violations and address
cosmetic needs. The services of the program will principally benefit lower income persons living
within the City of Santa Clarita. Services will be provided on a first-come, first-served basis, but
priority will be given to the elderly, disabled, and single -parent households applicants with
emergency repairs. Renters living in single detached homes may participate, if permission is granted
by owner of property and the property owner who receives Handyworker services agrees to rent the
property at "affordable" rates (i.e. rents, not exceeding thirty -percent (30%) of the overall annual
household income of the tenant.) Of the total of homes receiving services, if possiblbe, one-third
of services will be provided in East Newhall Census Tract 9203.11, Bg 3,4,9 (1980 Census) and the
other two-thirds will be provided in the remaining areas of the City comprised of Census Tracts:
9108.01, 9200.03, 9200.11, 9200.12, 9200.13, 9200.21, 9200.22, 9200.23*, 9200.24*, 9200.25,
9201.01, 9201.02, 9203.11*, 9203.12, 9203.13*, 9203.21*, 9203.22*, 9203:24*, 9302. Priority will
be given to single family residences and Mobilehomes.
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 may 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 (*).
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.
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Cost for installation of entire roof cannot exceed $2,000, and requires permit.
e. Electrical repairs* to existing wiring, wiring devices, lighting fixtures, and safety
switches.
L Plumbing repairs* to water, gas or sanitary waste and drainage piping, water heater
or plumbing fixtures.
g. Heating system, to existing or new system* and thermostat.
h. Repairs to or replacement of doors, windows*, screens and skylights.
L Bathroom and kitchen tile work.
j. Repairs to secure premises against vermin.
k. Removal of lead-based paint.
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.
L Battery-operated smoke detectors.
g. Safety lighting.
h. Other crime prevention or Safety improvements.
E. Procurement and storage of Supplies and Equipment
Procurement of supplies and equipment shall comply with the standards identified in Attachment
0 of the Office of Management and Budget Circular A-110. If an applicant has quality usable
materials, they can be included as part of the $2,000.00 maximum for materials 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
16
for each job, with copies of expenditure documentation maintained in each job file. Surplus
equipment and unused supplies purchased with funds provided under this contract that remain at the
termination of this contract shall be itemized by Agency and either used during an extension or
continuation of this project, or turned over to the City upon termination of the project.
F. Procurement of Services
Procurement of services provided by persons who are not employees of Agency shall be
approved in advance by the City and shall conform to the requirements of Attachment 0 of OMB
Circular A-110 and Circular A-122. A minimum of three written bids shall be solicited with the
service agreement awarded to the lowest responsible bidder. Copies of all related documentation
in the procurement of outside services shall be transmitted promptly to the City.
G. Client Files and Reports
Detailed records will be. kept on each job applicant noting name of beneficiary, address, census
tract, type of work performed, cost of labor and materials and number of hours to complete work.
Job files shall include the intake form, completion sign -offs, lead based paint notification form,
and receipts for materials and stock transfer slips. Reports will be provided on a monthly basis
which summarize the number of inquiries about the program, the total 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.
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A.1 INCOME LIMITS FOR ELIGIBILrrY
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A.2 RENTAL PROPERTY OWNER AGREEMENT
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EXHIBrr C. LEAVE ACCRUAL SCHEDULE
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EXHIBIT D. COST ALLOCATION PLAN
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