HomeMy WebLinkAboutReso 215-1985 RESOLUTION NO. 215-85
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING APPROVAL AND EXECUTION
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 his 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 9th day of October , 1985, by the following
vote:
AYES:
NOES:
ABSENT:
Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey,
Gus Nicolopulos; and Roberta Cerri Teglia
None
None
ATTEST:
City Clerk
EXHIBIT "1" TO RESOLUTION NO. 215-85
AGREEMENT FOR FAIR HOUSING COUNSELING PROGRAM
FOR CITY OF SOUTH SAN FRANCISCO
THIS AGREEMENT made and entered into this 9th day of October , 1985,
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 community-based non-
profit corporation in the State of California, referred to as "CONTRACTOR".
RECITALS
1. 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
2. Under 24 CFR Part 570.204 of the federal rules and regulations for the
Community Development Block Grant Program, grant assistance may be used to
fund eligible activities to be carried out by private non-profit entities
which are duly organized to undertake community development activities; and
3. Contractor is a duly organized community-based non-profit corporation in the
State of California, capable of carrying out a fair housing counseling program
for residents of South San Francisco; and
4. 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 aqreements
specified in this contract and subject to its terms and provisions, the parties
to this contract agree as follows:
PART 1
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Objective of the Fair Housing Counseling Program
The objectives of the Fair Housing Counseling Program and the City of South
San Francisco in executing this Agreement are to:
1. educate the public and the housing industry that discrimination in
housing is illegal and punishable under State and Federal law;
2. inform the community that there is free assistance available should
they encounter illegal housing discrimination; and
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3. 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 Housing 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:
a. 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.
b. 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.
c. Newspaper ads - advertisements will be placed (preferably
in the "for rent" columns) in local major newspapers advising
persons seeking housing that discrimination is illegal.
d. 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
effort's will be made with local realty groups to coordinate
speaking engagements.
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Processing Complaints
The toll free H-O-U-S-I-N-G phone number will be maintained by the
contractor. All calls not related to illegal discrimination will
be referred to the appropriate agency for assistance.
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Investigations
All calls in which housing discrimination is suspected, shall be
handled by the established method of checker investigation that has
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been set up by the contractor. Case record sheets shall be
kept on calls, legal referrals, and checks. Records shall be
kept of calls and referrals on other types of housing problems.
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.
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Qualifying Criteria for the Fair Housing Counseling Program
1. Recipients of Operation Sentinel services shall primarily be lower
income residents of South San Francisco.
2. Lower income is defined as 80 percent and below of the current
area median income adjusted for family size.
Program Reports
1. 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:
(a) Type of case (race, religion, sex, marital status, child,
national origin, arbitrary).
(b) Disposition of cases.
(c) Ethnic origin of case clients (including indication of
female household head).
(d) Income levels of each case client.
(e) Tally by categories of all calls received' (landlord/
tenant, general discrimination information)
(f) Census tract location of .case clients.
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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
1. 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 time records, invoices, vouchers, receipts, or other
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 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 parties.
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Effective Period
Services shall commence on July l, 1985, and shall terminate on June 30,
1986.
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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.
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OMB Circulars
The contractor shall be responsible for complying with the provisions
of OMB Circulars A-22 and A-110 which specify Federal fiscal and
administrative requirements for grant recipients.
Other Program 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 570.600, Subpart K except the following:
(a) Section 570.604 - environmental review responsibilities;
(b) Section 570.606 - compliance with Uniform Relocation Assistance
and Real Property Acquisition Policies Act; and
(c) Section 570.613 - review procedures of Executive Order 12372.
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Program Income
In the event that the contractor earns any program income, it shall
comply with the requirements set forth in 24 CFT Part 570.502,
Subpart J.
Conflict of Interest
No members, officer, or employee or agents of the contractor, no member
of the Mid-Peninsula Urban Coalition Board of Directors, and no other
official who exercises any function or responsibility with respect to
this program during his tenure, or for one year thereafter, shall have
any interest, direct or indirect, in the agreement or a related contract,
or the proceeds thereof shall incorporate in all contracts hereunder a
provision prohibiting such interest.
Lobbying Prohibited
Block Grant funds shall not be used by the contractor for publicity or
propaganda purposes designed to support or defeat legislation pending
before federal, state or local government.
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PART II
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General
The project to which these documents pertain is being financed wholly,
or partially by the United States of America under Title 1 of the
Housing and Community Development Act of 1974. 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 Frapcisco 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 responsibilities 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.
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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 representatives, 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 members, officer, or employee or agents 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 during his tenure, or for one year thereafter, shall have any
interest, direct-or-indirect, in this contract or a related subcontract,
or the proceeds thereof. 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
procurement 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
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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
subcontracts hereunder.
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"Section 3 Clause": Employment of Lower Income Project Area Residents
1. 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, 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
substanial 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
issues thereunder, prior to the execution of this 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
or 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 comspicuous places available to employees and applicants for
employment and training.
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The contractor will include the Section 3 clause in every sub-
contract 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 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 Ci~ty, 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.
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Insurance
1. The contractor shall not commence work under this agreement until
all insurance required under this paragraph has been obtained and
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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 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.
Liabi'lity 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 subcontractor 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
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limit bodily injury and property damage for each occurence.
After three (3) weeks from the date this agreement is first
executed, the City may, at its sole discretion, require an
increase in the amount of liability insurance to the level
then customary in similar City agreements by giving sixty
(60) days' notice to contractor. 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.
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In the event of the breach of any provision 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
provision of this agreement to the contrary, immediately
declare a material breach of this agreement and suspend all
further work pursuant to this agreement.
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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.
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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
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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.
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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 Marquart
Director
Operation Sentinel
Stanford Mid-Peninsula Urban Coalition
860 Escondido Road
Stanford, CA 94305
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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 of 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
John Ha~t~n, President
Stanford Urban Coalition
Stanford Urban Coalition
CII¥ OF $OUIH SAN FRANCISCO:
S~rita Berry, Executi~fe Director
STANFORD MID-PENINSULA
URBAN COALITION
~/. ~ ~C '
Rich r~~. Haff~,~~'
ATTEST:
City Clerk
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EXHIBIT A
OPERATI ON SENT_ INEL
PROPOSED FAIR HOUSING BUDGET
CITY OF SOUTH SAN FRANCISCO
1985/86
PROGRAN DIRECTOR**
$ 6O0
ASSISTANT TO'DIRECTOR
2,150
HOUSING COUNSELOR
1,700
BENEFITS 578
ACCOUNTANT 360
TELEPHONE 120
RENT 60
OFFICE SUPPLIES
90
PRINTING 72
POSTAGE 90
TRAVEL 180
TOTAL EXPENSE
$6,000
* Please be aware that budget revisions may be made based
on total program funding and contracts secured for FY 85/86,
and submitted by July l, 1985.
** All program staff provide direct services of education, case
intake, investigation and legal referral.