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HomeMy WebLinkAboutReso 111-1986 RESOLUTION NO. 111-86 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION OF AN AGREEMENT FOR FAIR HOUSING COUNSELING PROGRAM BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. Approval of Agreement. The Agreement entitled "Agreement for Fair Housing Counseling Program for City of South San Francisco" between the City of South San Francisco and Operation Sentinel of the Stanford Mid-Peninsula Urban Coalition is hereby approved, and a copy of said Agreement is attached hereto as Exhibit "1". 2. Execution of Agreement. The Mayor is hereby authorized to execute said Agreement on behalf of the City, and the City Clerk attest her signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 25th day of June , 1986, by the following vote: AYES: Councilmembers Mark N. Addie~o, Richard A. Haffey; GaS Nicolopulos and Roberta Cerri Teglia NOES: None ABSENT: Councilman John "Jack" Dra~qo AGREEMENT FOR FAIR HOUSING COUNSELING PROGRAM FOR CITY OF SOUTH SAN FRANCISCO THIS AGREEMENT made and entered into this day of ._, 1986, by and between City of South San Francisco, a political subdivision of the State of California, from now on referred to as "City" and Operation Sentinel of the Stanford Mid-Peninsula Urban Coalition, a duly organized non- profit corporation in the State of California, referred to as "Contractor". RECITALS Under Government Code Section 53703, the City may contract with an independent contractor for services to be performed in.,programs authorized by a federal housing act; and Under 24 CFR Part 570.206 (c) of the federal rules and regulations for the Community Development Block Grant Program, grant assistance may be used to fund fair housing counseling services to be carried out by private non- profit entities; and Contractor is a duly organized non-profit corporation in the State of California, capable of carrying out a fair housing counseling program for residents of South San Francisco; and The City desires to provide support for the Fair Housing Counseling Program for residents of South San Francisco. NOW, THEREFORE, in consideration of the mutual covenants and agreements specified in this contract and subject to its terms and provisions, the parties to this contract agree as follows: PART 1 A. Objectives of the Fair Housin~ Counseling Program The objectives of the Fair Housing Counseling Program' and the City of South San Francisco in executing this Agreement are to: Educate the public and the housing industry that discrimination in housing is illegal and punishable under State and Federal law; Inform the community that there is free assistance available should they encounter illegal housing discrimination; and Investigate complaints and, if necessary, retain attorneys to take cases to court at no cost to the client· Specific Work Tasks The specific work tasks to be performed as part of each component of the Fair Rousing Counseling program are as follows: 1. Public Outreach and Community Education A thorough outreach and publicity campaign will be conducted by the Contractor to educate the public, the housing and real estate industry, and members of minority and ethnic groups about housing discrimination laws. Education and outreach efforts shall include but will not be limited to: Mailing campaign - Small posters and brochures describing fair housing services are to be sent out to local businesses, corporations, community service agencies, and government offices, for public display. (800 brochures/posters per year) Radio and television public service announcements - The ongoing public service announcements aired on Bay Area radio stations and television stations will be supplemented with advertisements which will reach local listeners. (8 per year) Speaking engagements - Contractor staff will speak at schools, churches, and other community groups on the fair housing laws and how the fair housing enforcement process works. Special efforts will be made with local realty groups to coordinate speaking engagements. (2 speaking engagements per year and one educational workshop) 2. Processing Complaints The toll free H-O-U-S-I-N-G phone number will be maintained by the contractor. Ail calls not related to illegal discrimination will be referred to the appropriate agency for assistance· (75 phone inquiries per year on general housing issues and 17 fair housing complaints per year.) -2- 3. Investigations All calls in which housing discrimination is suspected, shall be handled by the established method of checker investigation that has been set up by the contractor· Case record sheets shall be kept on calls, legal referrals, and checks. Records shall be kept on calls and referrals on other types of housing problems. (12 fair housing case investigations per year) After a complaint has been investigated and if discrimination is suspected, the case will be referred to an attorney on the panel of the Fair Housing Lawyer Referral Service in Northern California. For persons who do not have sufficient money to pay for their own legal expenses, the contractor will maintain a revolving legal defense fund which will provide an advance payment and enable an attorney to proceed with a case. (4 Lawyer Referral Service Board meetings per year) Qualifying Criteria for the Fair Housing Counseling Program Recipients of Operation Sentinel services shall primarily be lower income residents of South San Francisco. Lower income is defined as 80 percent and below of the current area median income adjusted for family size. Pro~ram Reports Monthly Reports - Individual monthly reports shall be prepared by the Contractor and submitted to the City on the tenth of each month. The monthly reports shall have two components· One component shall be a brief narrative of activity under public outreach and education. The second component shall be a statistical summary of complaint processing and case investigation, including the following data: Type of case (race, religion, sex, marital status, child, national origin, arbitrary). b. Disposition of cases. Ethnic origin of case clients (including indication of female household head). d. Income levels of each case client. -3- Tally by categories of all calls received (landlord/tenant, general discrimination information). f. Census tract location of case clients· Annual Summary Reports Annually contractor shall prepare a summary of program demographics including analysis of clients by sex, race and income level. The summary report shall include a narrative of the public outreach efforts and education accomplishments. Compensation and Payments Total compensation and reimbursement of Contractor by City shall not exceed $6,000.00 per attached budget (EXHIBIT A). 2. Contractor shall submit monthly billing to City for reimbursement together with the required monthly report of activity. The billing shall include detailed financial documentation supporting the requested reimbursement and shall be signed by the contractor's authorized agent. All billing shall be certified for payment by the City unless the City Manager objects to the adequacy of the services rendered by Contractor, the amount of billing or the adequacy of the documentation. The City shall state the specific nature of its objections to Contractor's work in writing. City shall als° specify what actions or changes are necessary to make the work acceptable. Contractor shall respond to City within 15 days of receipt of such objections. The parties to this agreement shall meet to discuss such objections at the request of the other parties. Effective Period Services shall commence on July 1, 1986, and shall terminate on June 30, 1987. Reversion of Assets Upon termination the contractor shall transfer to the City any City of South San Francisco funds on hand at the time -4- of termination and any accounts receivable attributable to the use of such funds. If the contractor ceases to use any assets, acquired with such funds, which were required to carry out the purpose of this contract, the contractor shall either pay the City the fair market value of the asset or transfer control of the asset to the City. OMB Circulars The contractor shall be responsible for complying with the provisions of OMB Circulars A-110 and A-122 which specify Federal fiscal and administrative requirements for grant recipients. Other Pro~ram Requirements The contractor shall carry out the Fair Housing Counseling Program in compliance with all Federal laws and regulations as described in 24 CFR Part 570, Subpart K except that the contractor is not responsible for the following: (a) Section 570.604 - environmental review responsibilities; (b) Section 570.606 - compliance, with Uniform Relocation Assistance and Real Property Acquisition Policies Act; Pro~ram Income In the event that the contractor earns any program income, it shall comply with the requirements set forth in 24 CFR Part 570.506 Subpart J. Conflict of Interest No officer, employee, consultant or agent of the contractor, who exercises any function or responsibility with respect to this program, shall have any interest, direct or indirect, in the agreement or a related contract, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter, unless a written exception is granted in accordance with the provisions of 24 CFR Part 570.611 (d). The contractor shall incorporate in all contracts hereunder a provision prohibiting such interest. -5- PART II General The Project to which these documents pertain is being financed wholly, or partially by the United States of America under Title i of the Housing and Community Development Act of 1974, as amended. The following provisions are included in the contract documents pursuant to the Act and the rules and regulations of the U.S. Department of Housing and Urban Development (hereinafter "HUD"). Breach of Contract This contract is governed by applicable federal statutes and regulations, as referred to elsewhere herein· Any material deviation by contractor for any reason from the requirements thereof, or from any other provisions of this agreement, shall constitute a breach of this contract and may be cause for termination at the election of City of South San Francisco or upon the direction of HUD. South San Francisco may terminate this contract, for cause, by giving seven days' notice to contractor. In the event of termination by whatever means, all finished and unfinished work shall become the property of South San Francisco, and the City shall have the right to direct contractor's actions with respect to access to materials· South San Francisco reserves the right to waive any and all breaches of this contract, and any such waiver shall not be deemed a waiver of all previous or subsequent breaches. In the event South San Francisco chooses to waive a particular breach of this contract, it may condition same on payment by contractor of actual damages occasioned by such breach of contract and shall make every effort to resolve the same quickly and amicably. Contract Termination In the event contractor is unable to fulfill its respons- ibilities under this contract for any reason whatsoever, including circumstances beyond its control, South San Francisco may terminate this contract in whole or in part in the same manner as for breach hereof. All work will stop immediately upon notification by the City, unless advised to the contrary. Either party to this agreement may terminate this contract without cause by giving 30 days' written notice to the other parties. -6- Access to Documents South San Francisco, HUD, The Comptroller General of the United States, or any of their duly authorized represent- atives, shall have access to any books, documents, papers, and records of contractor which are directly pertinent to this project or to the Housing and Community Development Act Program activities, for the purpose of making audits, examination, excerpts, and transcriptions. Records shall be retained for three years. Interest of Public Officials No officer or employee, consultant, or agent of the City of South San Francisco, no member of the City Council, and no other public official who exercises any function or responsibility with respect to this program, shall have any interest, direct-or-indirect, in this contract or a related subcontract, or the proceeds thereof, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter, unless a written exception is granted by HUD in accordance with the provisions of 24 CFR Part 570.611 (d). Contractor shall incorporate in all subcontracts hereunder a provision prohibiting such interest. Equal Employment Opportunity Contractor, with regard to the work performed by it under this contract, shall not discriminate on the grounds of race, religion, color, national origin, sex, handicap or age in the retention of subcontractors, including procure- ment of materials and leases of equipment· Contractor shall take affirmative action to insure that applicants for employment, and employees, are treated during employment, without regard to their race, color, religion, sex, national origin, or handicap. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship· Contractor shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by HUD via the City, setting forth the provisions of this non-discrimination clause. Contractor shall state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, or handicap. Contractor shall incorporate the foregoing requirements of this paragraph in all sub- contracts hereunder. -7- "Section 3 Clause": Employment of Lower Income Project Area Residents The work to be performed under this contract ia on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12. U.P.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project· (The project area is the entire Oity.) e The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder, prior to the execution of the contract· The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers representative of his commitments under this Section 3 clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment and training. e The contractor will include the Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicants for or the recipients of federal financial assistance, take appropriate action pursuant to the subcontract upon finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24, CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and --8-- will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Relationship of the Parties It is expressly understood that contractor is an independent contractor and that no agency, employee or other relationship is intended to be established by this contract. Hold Harmless The contractor shall indemnify and hold harmless the City, its officers, agents, employees and servants from all claims, suits or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person or damage to property resulting from the performance of any work required by this agreement of contractor, its officers, agents, employees and/or servants. The duty of the contractor to indemnify and hold harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code, provided, however, that nothing herein shall be construed to require the contractor to indemnify the City, its officers, agents, employees and servants against any responsibility or liability in contravention of Section 2782 of the California Civil Code. Insurance The contractor shall not commence work under this agreement until all insurance required under this paragraph has been obtained and such insurance has been approved by the City Attorney for the City of South San Francisco, its officers, agents, employees or servants, with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending the contractor's coverage to include the contractual liability assumed by the contractor pursuant to this agreement· These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to the City Attorney's Office of any pending change in the limits of liability or of any cancellation or modification of the policy. -9- Worker's Compensation and Employee's Liability Insurance: The contractor shall have in effect during the entire life of this agreement Worker's Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this agreement, the contractor makes the following certification, required by Section la161 of the California Labor Code: I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this agreement. Liability Insurance: The contractor shall take out and maintain during the life of this agreement such Bodily Injury Liability and Property Damage Liability Insurance as shall protect it while performing work covered by this agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from the contractor's operations under this agreement, whether such operations be by contractor or by any sub- contractor or by anyone directly or indirectly employed by either of them. The amounts of such insurance shall be Five Hundred Thousand Dollars ($500,000) combined single limit bodily injury and property damage for each occurrence. City and its officers, agents, employees and servants shall be named as additional insureds on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the City, its officers, agents, employees and servants, shall be primary insurance to the full limits of liability of the policy, and that if the City, or its officers and employees have other insurance against a loss covered by a policy, such other insurance shall be excess insurance only. In the event of the breach of any provisions of this section, or in the event any notice is received which indicates any required insurance coverage will be diminished or cancelled, City Manager, at his option, may, notwithstanding any other provisions of this -10- Ke agreement to the contrary, immediately declare a material breach of this agreement and suspend all further Work pursuant to this agreement. Changes to Work Scope No changes in the scope of work as described in this agreement shall be made without written approval of the City of South San Francisco. The City Manager has no authority to increase the cost of these services without obtaining approval of the City Council. Assignability The contractor shall not assign in this agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City thereto, provided, however, that claims for money due or to become due to the contractor from the City under this agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to the City. Any transfer or assignment of the interest in the partnership shall require the prior, written consent of the City. Inspection of Work It is understood that periodic review of the contractor's work may be necessary and the right to so review is reserved by the City. Project Representation and Notices The City and Contractor hereby designate the following agents to act as project representatives in the matters dealing with the performance of work under this Agreement and for receipt of all notices: CITY: Lyle W. Norton Director of Recreation and Community Services City of South San Francisco P.O. Box 711 South San Francisco, CA 94080 CONTRACTOR: Ann Marguart Director Operation Sentinel Stanford Mid-Peninsula Urban Coalition 860 Escondido Road Stanford, CA 94305 -11- Merger Ciause The document constitutes the sole agreement of the parties hereto relating to said project and correctly states the rights, duties and obligations of each party as to the document's date. Any prior agreement, promises, negotiations, or representations between parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CONTRACTOR: Ann Marquart, Director OPERATION SENTINEL Sarita Berry, Executive Director STANFORD MID-PENINSULA URBAN COALITION CITY OF SOUTH SAN FRANCISCO: Mayor ATTEST: City Clerk · - -~ ~ ~ Exhibit "A" OPERATION SENTINEL PROPOSED FAIR HOUSING BUDGET* CITY OF SOUTH SAN FRANCISCO ]986/87 PROGRAM DIRECTOR** ASSISTANT TO DIRECTOR HOUSI~G COUNSELOR BENEFITS AND PAYROLL TAXES ACCOUNTANT TELEPHONE RENT OFFICE SUPPLIES EQUIP~IENT RENTAL PRINTING/ADVERTISING POSTAGE INSURANCE TRAVEL CONTRACT SERVICES (TESTERS) TOTAL EXPENSE $ 600 1,812 1,700 578 300 120 30 150 6O 100 50 150 50 300 $6,000 Please be aware that budget revisions may be made based on total program funding and contracts secured for FY 86/87, and submitted July 1, 1986. All program staff provide direct services of education, case intake, investigation, and legal referral.