HomeMy WebLinkAboutC-4068(A) - Community Development Block Grant (CDBG) Public Services Agreement FY 08-090 r C, 0�v
CDBG PUBLIC SERVICES AGREEMENT
Between the City of Newport Beach and Fair Housing Council
THIS CDBG PUBLIC SERVICES AGREEMENT ('Agreement') is entered into this 1"
day of July, 2008, by and between the City of Newport Beach ("City"), a Municipal
corporation and Charter City of the State of California, and, FAIR HOUSING COUNCIL
of ORANGE COUNTY, a nonprofit public benefit California Corporation (°Subrecipienf),
and is made with reference to the following facts:
RECIIALa
A. City has entered into various funding agreements with the United States
Department of Housing and Urban Development ("HUD"), which agreements
provide funds ("CDBG Funds") to the City under the Federal Housing and
Community Development Act of 1974 (42 U.S.C. Section 5301 at seq.), as
amended from time to time (the "Act'), and the regulations promulgated
thereunder (24 C.F.R. Section 570 at sec. (Regulations)).
B. Subrecipient has applied to City for CDBG funds to aid in the cost of
Subrecipient's operation of its FAIR HOUSING SERVICES, which provides Fair
Housing education, counseling, and enforcement services to low and moderate
income residents (the "Program ").
C. The Program is eligible for a grant of CDBG Funds and the City desires to assist
in the operation of the program by granting CDBG Funds to the Subrecipient to
pay for a portion of those costs incurred in operation the Program permitted by
the Act and the Regulations on terms and conditions more particularly set forth
herein.
D. On April 8, 2008, the City Council approved the issuance of CDBG funds, in an
amount not to exceed FOURTEEN THOUSAND DOLLARS AND 001100
( ;14,000.00), to Subrecipient for these services.
NOW, THEREFORE, in consideration of performance by the parties of the promises,
covenants and conditions herein contained, the parties hereto agree as follows:
Subreciaient's Services.
A. Statement of Services. Subrecipient shall utilize City's CDBG funds to
provide the services outlined in the Scope of Services, attached hereto as
Exhibit A and incorporated in full by this reference. Subrecipient agrees
that the Scope of Services contains an accurate estimate of the persons
to be assisted during the 2008 -09 Fiscal Year.
B. Schedule for Completion. Subrecipient shall provide its services under
this Agreement for a 12 -month period commencing July 1, 2008 and
ending June 30, 2009.
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C. Standard of Care. As a material inducement to City to enter into this
Agreement, Subrecipient hereby represents and warrants that it has the
expertise and experience necessary to perform the services as set forth in
the Scope of Services.
D. Budget. Subrecipient represents that it shall perform the services as set
forth in the Scope of Services pursuant to the "Proposed Budget'
including in the Scope of Services.
E. Subrecipient represents that the Proposed Budget includes only allowable
costs and an accurate analysis of costs acceptable under the CDBG
Program pursuant to 24 C.F.R. 570.502(b), which includes requirements
for compliance with OMB Circular No. A -122, "Cost Principles for Non -
Profit Organizations" or OMB Circular No. A -21, "Cost Principles for
Educational Institutions ", as applicable and certain Attachments to OMB
Circular No. A -110 with subparts A,B,C,D and Appendix A. These items
shall be in sufficient detail to provide a sound basis for the City to
effectively monitor performance under the Agreement.
2. Term of Agreement
This Agreement is effective from July 1, 2008 through June 30, 2009, unless
earlier terminated pursuant to Section 16.
3. Compensation.
A. Upon compliance with the reporting requirements outlined in Paragraph 6
below, City shall reimburse Subrecipient an amount not to exceed
FOURTEEN THOUSAND AND NO /DOLLARS ($14,000.00), which shall
constitute full and complete reimbursement for the implementation of this
Agreement for the entire award year from July 1, 2008 through June 30,
2009. The parties understand and agree that such reimbursement, if any,
shall be conditioned upon receipt of such funds by City from HUD and
shall not be a charge on any other funds of City. Payment shall be made
in equal quarterly installments upon approval by City of the quarterly
reports as required by Section 6 below. The quarterly installment
payments shall be submitted by October 15, 2008, January 15, 2009,
April 15, 2009, and June 30, 2009. City shall pay such installment
payments within thirty (30) days after receipt of the quarterly reports,
provided City is satisfied that such expenses were incurred within the
scope of this Agreement and that Subrecipient is in compliance with the
terms and conditions of this Agreement.
B. In the event Subrecipient pursues legal action, brings suit, files a
complaint, or investigates a Newport Beach resident or property owner
and the outcome of said action(s) is that the Newport Beach resident or
property owner is found not to have discriminated, the Subrecipient shall
not seek reimbursement for its costs in pursuing such matters from the
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Newport Beach resident or property owner.
C. In the event Subrecipient is in default under the terms of this Agreement,
City shall have no obligation to continue compensating Subrecipient for
any work performed after the date of default.
D. City reserves the right to withhold 10% of the contract amount on a
completed Program until a Certificate of Completion is issued by City.
4. Compliance with Laws.
Subrecipient agrees to comply with the following federal, state and City
requirements in the performance of this Agreement:
A. Executive Order 11246, as amended by Executive Orders 11375 and
12086, and implementing regulations at 41 CFR Chapter 60, which
requires that during the performance of this Agreement, Subrecipient
agrees not to discriminate against any employee or applicant for
employment because of race, religion, sex, color or national origin.
Subrecipient shall consider all applicants without regard to their race,
religion, sex, or national origin with respect to the following without
limitation: employment, upgrading, demotion, or transfer: recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship.
Subrecipient agrees to post in conspicuous places, available to
employees and employment applicants, notices setting forth the
provisions of this nondiscrimination clause.
B. In its solicitations or advertisements for employees, Subrecipient shall
state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex or national origin.
C. The restrictions against discrimination as required by Executive Order
11063, as amended by Executive Order 12259 and implementing
regulations at 24 CFR Part 107.
D. Section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 1701 et seq., which 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 that are
located in, or owned in substantial part by, persons residing in the project
area.
E. Title VI of the Civil Rights Act of 1964, and Section 109 of the Housing
and Community Development Act of 1974, which provides that no person
shall, on the grounds of race, color, national origin or sex, be excluded
from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial
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assistance.
F. Section 504 of the Rehabilitation Act of 1973 (P.L. 93 -112), as amended,
and implementing regulations.
G. The Age Discrimination Act of 1975 (P.L. 94 -135), as amended, and
implementing regulations.
H. The relocation requirements of Title II and the acquisition requirements of
Title III of the Uniform Relocation Assistance and Real Property
Acquisition at 24 CFR Part 42.
The restrictions prohibiting use of funds for the benefit of a religious
organization or activity as set forth in 24 C.F.R. 570.2000).
The labor standard requirements as set forth in 24 CFR Part 570, Subpart
K and HUD regulations issued to implement and requirements.
K. The Program Income requirements as set forth in 24 C.F.R. 570.504(c)
and 570.503(b)(8).
L. The Subrecipient is to carry out each activity in compliance with all
Federal laws and regulations described in 24 C.F.R. 570, Subpart K,
except that the Subrecipient does not assume the City's environmental
responsibilities described at 24 C.F.R. 570.604; nor does the Subrecipient
assume the City's responsibility for initiating the review process under the
provisions of 24 C.F.R. Part 52.
M. Executive Order 11988 relating to the evaluation of flood hazards and
Executive Order 11988 relating to the prevention, control and abatement
of water pollution.
N. The flood insurance purchase requirement of Section 102(a) of the Flood
Disaster Protection Act of 1978 (P.L. 93 -234).
O. The regulations, policies, guidelines and requirements of 24 CFR 570; the
"Common Rule," 24 C.F.R. Part 85 and Subpart J; OMB Circular Nos. A-
102, Revised, A -87, A -110 and A -122 as they relate to the acceptance
and use of federal funds under the federally- assisted program.
P. Title VII of the Civil Rights Act of 1968 (P.L. 90 -284) as amended.
Q. The Lead -based paint requirements of 24 C.F.R. Part 35 issued pursuant
to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et
seq.).
R. Maintain property inventory system to numerically identify HUD purchased
property and document its acquisition date as is set forth in OMB Circular
A -110 Attachment N Property Management Standard 6d.
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S. Such other City, County, State, or Federal laws, rules, and regulations,
executive orders or similar requirements which might be applicable.
T. City will use federal funds to pay Subrecipient for the services to be
performed under this Agreement. 31 U.S.C. Section 1352 prohibits any
recipient or subrecipient of federal fund from using such funds to influence
or attempt to influence an officer or employee of any federal agency, a
Member of Congress or an officer or employee of Congress, or any
employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement and the
extension of, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
U. Every person who requests or receives a federal contract, grant, loan or
cooperative agreement from a federal agency or receives or requests
from a federal agency a commitment that would provide for the United
States to insure or guarantee a loan must file with that agency a written
declaration and certify that he or she has not made and will not make any
prohibited expenditure. Further, any person who requires or receives from
a person referred to above, a subcontract under a federal contract, a
subgrant or contract under a federal grant, a contract or subcontract to
carry out any purpose for which a particular federal loan is made, or
contract under a federal cooperative agreement, is required to file a
written declaration with the person who received the federal contract,
grant, loan or commitment to insure or guarantee a loan.
V. Subrecipient receives no program income as defined in 24 CFR Section
570.500(a).
W. Subrecipient shall comply with applicable uniform administrative
requirements as described in 24 C.F.R. Part 85.22 and OMB Circular A-
87 and A -122 and 24 C.F.R. 570.502.
X. This Agreement is subject to and incorporates the terms of the Housing
and Community Development Act of 1974, as amended; 24 Code of
Federal Regulations ( "CFR ") Chapter V, Part 570; City's CDBG Program
Guidelines; and all amendments or successor regulations or guidelines
thereto.
5. Financial Records:
Subrecipient shall keep records of all federal funds received from City under the
terms and conditions of this Agreement and of all costs and expenses related to
the program in accordance with the provisions contained in the Federal Office of
Management and Budget Circular A -110 with its subparts and appendix. The
Subrecipient shall maintain these records and reports to assist the City in
maintaining its record - keeping requirements for the duration of the Agreement
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and for five (5) years after the termination or expiration of this Agreement. All
federal funds received by subrecipient from City pursuant to this Agreement shall
be maintained separate and apart from any other funds of Subrecipient or of
any principal or member of Subrecipient in an account in a banking or savings
and loan institution. No costs shall be invoiced / billed except for expenditures
authorized in the Scope of Services. The itemized costs shall be sufficient detail
to provide a sound basis for the City to effectively monitor costs under the
Agreement. Subrecipient also agrees to use the Payment requests /Invoice
Forms as provided by the City.
6. Reportina Requirements.
Subrecipient agrees to provide the City with a written quarterly summary and an
unduplicated count of persons and/or families benefiting by the Subrecipient's
Program on or before the 15th day of the following months: October 2008,
January 2009, April 2009, and July 2009 setting forth its activities for the previous
quarter. The quarterly report shall contain, without limitation, the ethnic group,
income level, female head of household status, and other data as may be
requested by City, of each person assisted and the result of such assistance. If
Subrecipient fails to do so, City may withhold funds until the required written
quarterly reports are received. In addition to the quarterly report, Subrecipient
shall, on or before July 15, 2009, furnish City with a summary of Subrecipient's
activities for the fiscal year commencing July 1, 200B.
Such summary shall include the following:
(i) Documentation of the income level of persons and /or families
participating in or benefiting by the Subrecipient's Program.
(ii) Ethnic and Head of Household data, consistent with HUD's
Grantee Performance Report requirements.
(iii) Additional information such as new pamphlets, copies of
newspaper articles, or brief reports on any special
accomplishments during the year.
7. Inspection of Records.
Subrecipient shall make available performance, financial and all other records
pertaining to each project or business activity that is funded by CDBG funds
under this Agreement for inspection and audit by the City or HUD's
representatives, upon request, at any time during the term of this Agreement and
during a period of 5 years thereafter. All such books and records shall be
maintained by Subrecipient at a location in Orange County. Failure of
Subrecipient to comply with the requirements of this section shall constitute a
material breach for which City may terminate or suspend this Agreement.
A. The City and the United States Government and/or their representatives
shall have access for purposes of monitoring, auditing, and examining
Subrecipient's activities and performance, to books, documents, and
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papers, and the right to examine records of Subrecipient's subcontractors,
bookkeepers, and accountants, employees, and participants in regard to
said program.
B. The City and the United States Government and /or their representative
shall also schedule on -site monitoring at their discretion. Monitoring
activities may also include, but are not limited to, questioning employees
and participants in said program and entering any premises or any site in
which any of the services or activities funded hereunder are conducted or
in which any of the records of Subrecipients are kept. Nothing herein shall
be construed to require access to any privileged or confidential
information as set forth in federal or state law.
C. In the event Subrecipient does not make the above - referenced
documents available at the location where services are provided,
Subrecipient agrees to pay all necessary and reasonable expenses
incurred by the City in conducting any audit at the location where the
records and books of account are maintained.
8. Audit Exceptions.
Subrecipient agrees that in the event the program established hereunder is
subjected to audit exceptions by appropriate state and federal audit agencies,
Subrecipient shall be responsible for complying with such exceptions and for
paying City the full amount of City's liability to the funding agency resulting from
such audit exceptions.
9. Subcontracts.
Any subcontracts entered into by Subrecipient for services rendered toward
completion of Subrecipient's portion of this Agreement shall be for Subrecipient's
benefit alone and, as such, shall be its responsibility with no liability resting with
City. Subrecipient agrees to provide City, within 10 business days of execution of
this Agreement, a list of all subcontractors to be used in connection with
Subrecipient's services hereunder.
10. Status as Independent Contractor.
Subrecipient is, and shall at all times remain as to City, a wholly independent
contractor. Subrecipient shall have no power to incur any debt, obligation or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither
City nor any of its agents shall have control over the conduct of Subrecipient or
any of Subrecipient's employees, except as set forth in this Agreement.
Subrecipient shall not, at any time, or in any manner, represent that it or any of
its agents or employees are in any manner employees of City. Subrecipient shall
fully comply with the worker's compensation law regarding Subrecipient and
Subrecipient's employees. Subrecipient further agrees to indemnify and hold City
harmless from any failure of Subrecipient to comply with the worker's
compensation law.
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11. Conflict of Interest.
Subrecipient, its agents and employees shall comply with applicable federal,
state and local laws and regulations governing conflict of interest. Subrecipient
covenants that it presently has no interest and shall not acquire any interest,
direct or indirect, that may be affected by the services to be performed by
Subrecipient under this Agreement, orthat would conflict in any mannerwith the
performance of its services hereunder. Subrecipient further covenants that, in
performance of this Agreement, no person having any such interest shall be
employed by it. Furthermore, Subrecipient shall avoid the appearance of having
any interest that would conflict in any manner with the performance of its services
pursuant to this Agreement. Subrecipient agrees not to accept any employment
or representation during the term of this Agreement that is or may likely make
Subrecipient "financially interested" (as provided in California Government Code
Sections 1090 and 87100) in any decision made by City on any matter in
connection with which Subrecipient has been retained pursuant to this
Agreement.
12. Warranty and Representation of Non - Collusion.
No official, officer, or employee of the City has any financial interest, direct or
indirect, in this Agreement, nor shall any official, officer, or employee of the City
participate in any decision relating to this Agreement which may affect his/her
financial interest or the financial interest of any corporation, partnership, or
association in which (s)he is directly or indirectly interested, or in violation of any
interest of any corporation, partnership, or association in which (s)he is directly or
indirectly interested, or in violation of any State or municipal statute or regulation.
The determination of "financial interest" shall be consistent with State law and
shall not include interest found to be "remote" or "non interest" pursuant to
California Government Code Sections 1091 and 1091.5. Subrecipient warrants
and represents that (s)he /it has not paid or given, and will not pay or give, to any
third party including, but not limited to, any City official, officer, or employee, any
money, consideration, or other thing of value as a result or consequence of
obtaining or being awarded this Agreement. Subrecipient further warrants and
represents that (s)he /it has not engaged in any act(s), omission(s), or other
conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited
to, any City official, officer, or employee, as a result or consequence of obtaining
or being awarded any agreement. Subrecipient is aware of and understands that
any such act(s), omission(s) or other conduct resulting in the payment of money,
consideration, or other thing of value will render this Agreement void and of no
force or effect.
Subrecipient's Initials
13. Indemnification.
A. Subrecipient shall defend, indemnify and hold harmless City, and its
officers, employees, servants, volunteers and agents serving as
independent contractors in the role of City officials, from any claim,
demand, damage, liability, loss, cost or expense, for any damage
whatsoever, including without limitation death or injury to any person and
injury to any property, arising out of, attributable to or connected with the
performance by Subrecipient of the services hereunder.
B. City does not, and shall not, waive any rights that it may possess against
Subrecipient because of the acceptance by City, or the deposit with City,
of any insurance policy or certificate required pursuant to this Agreement.
This hold harmless and indemnification provision shall apply regardless of
whether or not any insurance policies are determined to be applicable to
the claim, demand, damage, liability, loss, cost or expense. Subrecipient
agrees that Subrecipient's covenant under this section shall survive the
expiration or termination of this Agreement.
14. Insurance.
A. Subrecipient shall obtain, at its sole cost, and file with the City, prior to
exercising any right or performing any obligation pursuant to this
Agreement, and maintain for the period covered by this agreement, a
policy or policies of general liability insurance, or certificate of such
insurance, satisfactory to the City's Risk Manager naming City, its officers,
agents and employees as insured or additional insured, which provides
coverage not less than that provided against liability for any and all claims
and suits for damages or injuries to persons or property resulting from or
arising out of operations of Subrecipient, which insurance shall provide
coverage for both bodily injury and property damage in not less than the
following minimum amounts: One Million Dollars ($1,000,000.00)
combined single limit, or its equivalent. Said policy shall also contain a
provision that no termination, cancellation or change of coverage of
insured or additional insured shall be effective until thirty (30) days notice
thereof has been given in writing to City, and shall be issued by an insurer
rated "A" or better and financial size category VII (or larger) in the most
recent edition of Best's Insurance Guide. Subrecipient shall give City
prompt and timely notice of any claim made or suit instituted. Subrecipient
shall procure and maintain, at its own cost and expense, any additional
kinds and amounts of insurance, which, in its own judgment, may be
necessary for its proper protection in the prosecution of the work.
Subrecipient shall submit to City's Risk Manager certificates of insurance
indicating compliance with the above minimum insurance requirements
not less than 1 day prior to beginning performance under this Agreement.
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B. Subrecipient shall furnish City with an insurance certificate from its
workers' compensation insurance carrier certifying that it carries such
insurance and the policy shall not be canceled nor the coverage reduced
except upon ten (10) days prior notice to City.
15. Cooperation.
In the event any claim or action is brought against City relating to Subrecipient's
services under this Agreement, Subrecipient shall render any reasonable
assistance and cooperation that City might require.
16. Termination.
A. This Agreement may be terminated at anytime by either party upon thirty
(30) day written notice to the other party. City may immediately terminate
this Agreement upon the termination, suspension, discontinuation or
substantial reduction in CDBG funding for this Agreement activity or if for
any reason the timely completion of Subrecipient's services is rendered
improbable, infeasible or impossible. Additionally, City may terminate this
Agreement upon seven (7) day written notice if City determines in its sole
discretion that such action is necessary to respond to an earthquake, fire
or other act of God. In such event, Subrecipient shall be compensated for
all services rendered and all necessarily incurred costs performed in good
faith in accordance with the terms of this Agreement that have not been
previously reimbursed, to the date of such termination, limited to the
extent CDBG funds are available.
B. In accordance with 24 CFR Section 85.43, suspension ortermination may
occur if Subrecipient materially fails to comply with any term of the award.
C. If the funding source demands reimbursement for prior payments to
Subrecipient due to Subrecipient's failure to comply with any applicable
term of this Agreement, regulation or statute, Subrecipient shall reimburse
City in the amount of such disallowed payments.
D. The award may be terminated for convenience in accordance with 24
CFR Section 85.44.
E. Upon expiration of this Agreement, Subrecipient shall transfer to City any
funds paid pursuant to this Agreement that are on hand at the time of
expiration and any accounts receivable attributable to the use of such
funds.
17. Reversion of Assets.
A. Upon the termination or expiration of the term of this Agreement,
Subrecipient shall comply with 24 C.F.R. 570.503(b)(8) and transferto the
City any CDBG funds on hand at the time of such termination or
expiration and any accounts receivable attributable to the use of CDBG
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funds. Any real property under the Subrecipient's control that was
acquired or improved in whole or in part with CDBG funds in excess of
twenty -five thousand dollars ($25,000.00) shall either be: (a) Used to meet
one of the national objectives stated in 24 C.F.R. 570.901 until five (5)
years after termination or expiration of this Agreement; or (b) disposed of
in a manner that results in the City's being reimbursed in the amount of
the current fair - market value of the property less any portion of the value
attributable to expenditures of non -CDBG funds for acquisition of, or
improvement to, the property. Reimbursement to the City shall not be
required after the period of time specified in 17(a) above. Subrecipient
shall not dispose of any real or personal property acquired in full or in part
with CDBG funds through sale, use or relocation without the expressed
and prior written permission of the City.
18. Lobbvina.
A. No Federal appropriated funds shall be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
B. If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
employee of Congress or an employee of a Member of Congress in
connection with this Federal contract, grant, loan or cooperative
agreement, the undersigned shall complete and submit Standard Form -
LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
C. The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
19. Notices
Any notices, bills, invoices, or reports required by this Agreement shall be
deemed received on (a) the day of delivery if delivered by hand during the
receiving party's regular business hours or by facsimile before or during the
receiving party's regular business hours; or (b) on the second business day
following deposit in the United States mail, postage prepaid, to the addresses
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below, or to such other addresses as the parties may, from time to time,
designate in writing pursuant to the provisions of this section.
City:
Subrecipient:
City of Newport Beach
Attn: Kathlyn Bowden, AICP
Planning Department
3300 Newport Blvd.
Newport Beach, CA 92658
FAIR HOUSING COUNCIL
Attn: Dave Levy, Housing Rights Advocate
201 S. Broadway
Santa Ana, CA 92701
20. Non - Discrimination and Eaual Employment Opportunity.
In the performance of this Agreement, Subrecipient shall not discriminate against
any employee, subcontractor or employment applicant because of race, color,
creed, religion, sex, marital status, national origin, ancestry, age, physical or
mental handicap, medical condition or sexual orientation. Subrecipient will take
affirmative action to ensure that employees are treated without regard to their
race, color, creed, religion, sex, marital status, national origin, ancestry, age,
physical or mental handicap, medical condition or sexual orientation.
21. Conditions for Religious Oraanizations:
If Subrecipient represents that it is, or may be deemed to be, a religious or
denominational institution or organization or an organization operated for
religious purposes which is supervised or controlled by or in connection with a
religious or denominational institution or organization, Subrecipient agrees that,
in connection with such public services:
A. It will not discriminate against any employee or applicant for employment
on the basis of religion and will not limit employment or give preference in
employment to persons on the basis or religion;
B. It will not discriminate against any person applying for such public services
on the basis of religion and will not limit such services or give preference
to persons on the basis or religion;
C. It will provide no religious instruction or counseling, conduct no religious
worship or services, engage in no religious proselytizing, and exert no
other religious influence in the provision of such public services;
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D. The portion of a facility used to provide public services assisted in whole
or in part under this Agreement shall contain no sectarian or religious
symbols or decorations; and
E. The funds received under this Agreement shall not be used to construct,
rehabilitate, or restore any facility which is owned by the Subrecipient and
in which the public services are to be provided; Provided that, minor
repairs may be made if such repairs (1) are directly related to the public
services, (2) are located in a structure used elusively for nonreligious
purposes, and (3) constitute in dollar terms only a minor portion of the
CDBG expenditure for the public services.
F. Subrecipient shall comply with all applicable conditions of 24 C.F.R.
570.503(b)(6) prescribed by HUD for the use of CDBG funds by religious
organizations if Subrecipient is a religious organization.
22. Assignment and Subcontracting.
Subrecipient shall not assign, transfer, or subcontract any interest in this
Agreement or the performance of any of Subrecipient's obligations hereunder,
whether by assignment or novation, without the prior written consent of City, and
any attempt by Subrecipient to so assign, transfer, or subcontract any rights,
duties, or obligations arising hereunder shall be void and of no effect.
23. Code of Conduct.
Subrecipient agrees that no officer, employee, agent or assign of City having
direct or indirect control of federal funds granted to the City shall serve as an
officer of subrecipient. Further, any conflict or potential conflict of interest of any
officer of subrecipient shall be fully disclosed prior to the execution of this
Agreement and shall be attached to and become a part hereof.
24. Drug Free Workplace.
Subrecipient shall comply with the Drug -Free Workplace Act, and shall make a
good faith effort to continue to maintain a drug -free workplace, including
establishing a drug -free awareness program to inform employees about the
dangers of drug abuse and the grantee's policy and penalties for drug abuse
violations occurring in the workplace.
25. Non - Waiver of Terms. Rights and Remedies.
Waiver by either party of any of the conditions of performance under this
Agreement shall not be a waiver of any other condition of performance underthis
Agreement. In no event shall the making by City of any payment to Subrecipient
constitute or be construed as a waiver by City of any breach of covenant, or any
default that may then exist on the part of Subrecipient, and the making of any
such payment by City shall in no way impair or prejudice any right or remedy
available to City with regard to such breach or default.
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26. Laws Governing This Agreement.
This Agreement shall be governed by and construed in accordance with the laws
of the State of California, and all applicable federal statutes and regulations as
amended. Any action brought relating to this Agreement shall be adjudicated in a
court of competent jurisdiction in the County of Orange.
27. Validity.
If any portion of this Agreement is held by a court or arbitrator of competent
jurisdiction to be invalid, void and unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected,
impaired or invalidated.
28. Entire Agreement.
This Agreement, and any other documents incorporated herein by specific
reference, represents the entire and integrated agreement between City and
Subrecipient. This Agreement supersedes all prior oral or written negotiations,
representations or agreements. This Agreement may not be amended, nor any
provision or breach hereof waived, except in a writing signed by the parties that
expressly refers to this Agreement.
29. Conflicts or Inconsistencies.
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
14
IN WITNESS WHEREOF, the City and Subrecipient have executed this Agreement as
of the date first above written.
APPROVED AS TO FORM:
By:
Aaron C. Harp,
Assistant City Attorney
City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
15
CIT
By:
Mayor
SUBRECIPIENT:
Fair Housing Council of Orange County
By:
(C orate Officer)
Title:
Print Name:
Bw: f
(Financial Officer)
Title
Print Name: fl�LD46jZ4
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Exhibit A
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CITY OF NEWPORT BEACH CDBG
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°�aaN.a Exhibit A: Fair Housing
Project: Far Housing Education, Counseling &
Low ID: 2008-2
Enforcement
Organization: Fair Housing Council of Orange County
HUD ID:
Contact: Dave Levy, Development Director
Address: 201 S. Broadway
Phone: 714 569 -0823 x 204
Santa Ana, CA 92701
Fax: 714 835 -0281
Email: dlevy(fwrbouowc.org
Project Description:
This program will further fair housing mNewport Beach through education, and landlordhenant counseling. It is anticipated the
program will assist 295 Newport Beach residents with landlord/lenaut related problems and 2 households with allegations of
discrimination.
Eligibility:
Priority Need: Fair Housing Services
Matrix Code: 21(D) Fair Housing Activities
Eligibility Citation: 570.206
National Objective: N/A
Goals and Accomplishments
Indicator
Goal
Actual
Objectives
The Primary objective of this activity is to assist low and
moderate income persons and families.
This activity will help meet the following Strategic Plan
Objectives:
Households (LandlordR'enaot)
190
• Ensure universal access to fair housing
Households (Discrimination)
3
• Remove Barriers to Affordable Housing
Budget
Funding Sources
Funding uses
CDBG
$14,000
Personnel
$14,000
City Funds
$0.00
Non- personnel
Other Funds
$2,700
Capital Outlays
TOTAL
$16,700
TOTAL
$14,000
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0 0
Exhibit A: Page 2 of 2
Project: Fair Housing Education, Counseling &
Enforcement
local ID: 2008-2
Organization: Fair Housing Council of Orange County
HUD ID:
Service Area
Citywide
Schedule of Performance
July 10, 2008 to June 30m, 2009
Special Condition
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