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.)
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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.
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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
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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.
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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.
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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.
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"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
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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.
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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
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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
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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.