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HomeMy WebLinkAboutReso 97-1986 RESOLUTION NO. 97-86 CItY COUNCIL. CITY OF SOUTH SAN FRANCISCO. STATE OF CALIFORNIA A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION AN AGREEMENT FOR SHARED HOUSING 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 Shared Housing Program for City of South San Francisco" between the 2ity of South San Francisco and Human Investment Project, Inc. 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 o= South San Francisco at a regular meeting held on the 14thday of May , 1986, by the fol lowing vote: AYES: Councilmembers Mark N. Addiego, John "Jack" Draqo, Richard A. Haffey, Gus Nicolopulos and Roberta Cerri Teqlia NOES: None ABSENT: None ATTEST: ~City C e~rk~ Exhibit "l" to Resolution No. 97-86 AGREEMENT FOR SHARED HOUSING PROGRAM FOR CITY OF SOUTH S~N 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 Human Investment Project, Inc., 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 ~or services to be performed in programs authorized by a federal housing act; and Under 24 CFR Part 570.201 (e) o~ the federal rules and regulations for the Community Development Block Grant Program, grant assistance may be used to fund eligible public services activities to be carried out by private non-profit entities; and Contractor is a duly organized ~on-profit corporation in the State of California, capable of carrying out a shared housing program for residents o~ South San Francisco; and The City desires to provide support for the Homesharing Help and Information Program for residents of South San Francisco. NOW, THEREFORE, in consideratiou of the mutual covenants and agreements specified in this con~ract and subject to its terms and provisions, the parties to this contract agree as follows: PART 1 A. Objectives of the Homesharing Help and Information Program The objectives of the Homeshari~g Help and Information Program and the City of South San Francisco in executing this Agreement are to: Provide affordable housing units for low- moderate income adults and children. (20-30 per year) Ce Provide follow-up contacts to persons placed in homesharing situations curing fiscal 1986-87. (30-50 per year) Conduct promotional programs: newspaper articles, radio/TV, interviews, Public Service Announcements, presentations to organizations, attendance at Senior Fairs, forums and the like. 4. Coordination of volunteer component. Negotiate Lease-A-Home for 5 to ? adults and children in South San Francisco. Specific Work Tasks The specific work tasks to be performed as part of the Homesharing Help and Information Program are as follows: 1. Accept telephone inquiries· (800-1,000 per year) 2. Interview appropriate applicants. 3. Initiate telephone referrals for clients. Facilitate Living Together Agreements once clients have been matched. 5. Provide follow-up phone contacts· 6. Conduct quarterly orientation meetings. 7. Community education efforts· Recruit and coordinate volunteers to complement needs of program. Answer inquiries regarding Second Unit ordinances and refer to appropriate agencies. Oualifyini Criteria for the Homesharin~ Help and Information Recipients of Homesharing ~elp and Information Program 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, as determined by the U.S. Department of Housing and Urban Development. 2 Program Reports Monthly reports - Individusl monthly reports shall be prepared by the Contractor and submitted to the City on the tenth of each ~onth. The monthly reports shall have two components. One component shall be on a form prescribed by the City, and shall contain information on client income, race, and female heads of household. The second component shall be a brief narrative of activity under public outreach and education, receipt of informational inquiries and volunteer recruitment and coordination. Annual Summary Reports - Annually, contractor shall prepare a summary of program clientele demographics including information on income levels, race, and female heads of household. The summary report shall include a narrative on the public outreach efforts and education accomplishments, informational inquiries, and volunteer recruitment and coordination. Compensation and Payments Total compensation and reigbursement of Contractor by City shall not exceed $18,440.00 per attached budget (~X~T A). Contractor shall submit mo£thly billing to City for reimbursement together witL the required monthly report of activity. The billing shall include detailed financial documentation supporting the requested reimbursement ant 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 also 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 p~rties. Effective Period Services shall commence on June 1, 1986, and shall terminate on June 30, 1987. -3- Ge Reversion of Assets Upon termination the contractor shall transfer to the City any City of South San Francisco funds on hand at the time 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. 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 Program Requirements The contractor shall carry out the Homesharing Help and Information 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; Program 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 fo~ 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 provisio~ prohibiting such interest. -4- PART II General The Project to which these docunents 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 reJulations 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. -5- Access to Documents South San Francisco, HUD, The Comptroller General of the United States, or any of their culy 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 fasily 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 discrisinate 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 t[eir 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 proviced by HUD via the City, setting forth the provisions of this non-discrimination clause. Contractor shall state that all qualified applications will receive consiaeration 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. -6- [ Ge "Section 3 Clause": Employment of Lower Income Project Area Residents The work to be performed under this contract is 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, a~ amended, 12. U.P.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities fol~ 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 City.) 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. The contractor will incluie the Section H clause in every subcontract for work in connection with the project and will, at the ~irection of the applicants for or the recipients of federal financial assistance, take appropriate action p~rsuant 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 -7- He 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 frol all claims, suits or actions of every hale, kind and description, brought for, or on account of, injuries to or death of any person or damage to property resulting from the perfor=ance 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 obtaine[ and such insurance has been approved by the City Attorney for the City of South San Francisco, its officers, agents, e~ployees or servants, with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorselent 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 sodification of the policy. -8- Worker's Compensation and gmployee'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 18161 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. b. 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 fro, 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 One Million Dollars ($1,000,000) 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, -9- may, notwithstanding any other provisions of this agreement to the contrary, immediately declare a material breach of this agreement and suspend all further work pursuant to this agreement. Chan~es 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: Lois Almen Executive Director Human Investment Project, Inc. 19410'Farrell Street San Mateo, CA 94014 -10- Merger Clause 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: Lois Almen, Executive Director Human Investment Project, Inc. CITY OF SOUTH SAN FRANCISCO: Mayor ATTEST: City Clerk -11- Homesht' 'ing Help & Information Program HUMAN INVESTMENT PROJECT, INC. Budget ReqOest Community Development Block Grant Funds Application Shared Homes Program "Exhibit A" Approximate Total Shared Homes Budget $ 210,000.00 Personnel Housing Specialist 4 hrs week @ 11.O0 hour Program Director 4 hrs week @ 12.00 hour ~ Housing Counselor ~2 hrs wk @ 9.75 hour (Shared Homes) Fringe at 20% Mileage 23/mile = $20/month Office Expenses Computer $20/month Rent (in kind) Telephone at $'30/month Office Supplies & Printing at $20/month Postage at $15/month Promotion (newspaper advertisements, brochures, etc.) SUB TOTAL Administrative Costs insurance, bookkeeping, staff time at ~5% TOTAL REQUEST MONTHLY 190.67 208.00 507.00 181.13 1,086.80 20.00 2fi-. 00 30.00 20.00 15.00 41.67 1,233.47 185.02 $1,418.49 YEARLY 2,288.00 2,496.00 6,084.00 2,173.60 13,041.60 240.00 240.00 360.00 240.00 180.00 500.00 ,14,801.60 2,220.24 $17,021.84