HomeMy WebLinkAboutC-4975 - Community Development Block Grant (CDBG) Public Services Agreement FY 11-12CDBG PUBLIC SERVICES AGREEMENT
Between the City of Newport Beach and Fair Housing Foundation
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THIS CDBG PUBLIC SERVICES AGREEMENT ("Agreement") is entered into this 18`
day of July, 2011, by and between the City of Newport Beach ( "City'), a Municipal
corporation and Charter City of the State of California, and FAIR HOUSING
FOUNDATION, a California nonprofit public benefit Corporation ("Subrecipient'), and is
made with reference to the following facts:
RECITALS
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. § 5301 et seq.), as amended
from time to time (the "Act"), and the regulations promulgated thereunder (Code
of Federal Regulations, Title 24; Volume 3, 24 C.F.R. § 570 et seq.)
( "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 operating the Program, permitted by
the Act and the Regulations on terms and conditions more particularly set forth
herein.
D. On April 26, 2011, the City Council approved the issuance of CDBG Funds, in an
amount not to exceed TWELVE THOUSAND DOLLARS AND 00/100
($12,000.00), 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:
Subrecipient'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 herein by this reference. Subrecipient agrees
that the Scope of Services contains an accurate estimate of the number
of people to be assisted during the 2011 -2012 Fiscal Year.
B. Schedule for Completion. Subrecipient shall provide its services under
this Agreement for a 12 -month period commencing July 1, 2011 and
ending June 30, 2012.
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 according to the standards employed by other
professionals engaged in this type of work.
D. Budget. Subrecipient represents that it shall perform the services as set
forth in the Scope of Services pursuant to the "Proposed Budget" included
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 the Regulations (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 this
Agreement.
2. Term of Agreement.
This Agreement is effective from July 1, 2011 through June 30, 2012, unless
earlier terminated pursuant to Section 16.
3. Compensation.
A. Upon compliance with the reporting requirements outlined in Section 6
below, City shall reimburse Subrecipient an amount not to exceed
TWELVE THOUSAND DOLLARS 001100 ($12,000.00), which shall
constitute full and complete reimbursement for the implementation of this
Agreement for the entire award year from July 1, 2011 through June 30,
2012. 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 10, 2011, January 10, 2012,
April 10, 2012, and July 10, 2012. 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.
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B. In the event Subrecipient is in default under the terms of this Agreement,
City shall have no obligation to continue reimbursing Subrecipient for any
work performed after the date of default.
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 (1978)) and implementing regulations at Title 41 C.F.R. 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 Title 24 C.F.R. Part 107.
D. 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
assistance.
E. Section 504 of the Rehabilitation Act of 1973 (Pub. L. No. 93 -112), as
amended, and implementing regulations.
F. The Age Discrimination Act of 1975 (Pub. L. No. 94 -135), as amended,
and implementing regulations.
G. The relocation requirements of Title 11 and the acquisition requirements of
Title III of the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970, as amended (Title 24 C.F.R. Part 42).
H. The restrictions prohibiting use of funds for the benefit of a religious
organization or activity as set forth in Title 24 C.F.R. Part 570.2000)
I. The labor standard requirements as set forth in Title 24 C.F.R. Part 570,
Subpart K and HUD regulations issued to implement and requirements.
J. The Program Income requirements as set forth in Title 24 C.F.R. Parts
570.504(c) and 570.503(b)(8).
K. The Subrecipient is to carry out each activity in compliance with all
Federal laws and regulations described in 24 C.F.R. Part 570, Subpart K,
except that the Subrecipient does not assume the City s environmental
responsibilities described at 24 C.F.R. Part 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.
L. The flood insurance purchase requirement of Section 102(a) of the Flood
Disaster Protection Act of 1978 (Pub. L. No. 93 -234).
M. The regulations, policies, guidelines and requirements of Title 24 C.F.R.
Part 570; the "Common Rule," Title 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.
N. Title VII of the Civil Rights Act of 1968 (Pub. L. No. 90 -284) as amended.
O. The Lead -based paint requirements of Title 24 C.F.R. Part 35 issued
pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §
4801 et seq.).
P. 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.
Q. Such other City, County, State, or Federal laws, rules, and regulations,
executive orders or similar requirements which might be applicable.
R. City will use federal funds to pay Subrecipient for the services to be
performed under this Agreement. Title 31 U.S.C. Section 1352 prohibits
any recipient or subrecipient of federal funding 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.
S. 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.
T. Subrecipient receives no program income as defined in Title 24 C.F.R.
Part 570.500(a).
U. Subrecipient shall comply with applicable uniform administrative
requirements as described in Title 24 C.F.R. Part85.22 and OMB Circular
A -87 and A -122 and Title 24 C.F.R. Part 570.502.
V. This Agreement is subject to and incorporates the terms of the Housing
and Community Development Act of 1974, as amended; Title 24 C.F.R.,
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-1 10 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 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. Reporting Requirements.
Subrecipient agrees to provide the City with a written quarterly summary and an
unduplicated countof persons and /orfamilies benefiting bythe Subrecipient's Program
on or before the 10th day of the following months: October 2011, January 2012, April
2012, and July 2012, 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 10, 2012, furnish City with a summary of
Subrecipient's activities for the fiscal year commencing July 1, 2011.
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. This section
shall survive the expiration or termination of 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
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
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incurred by the City in conducting any audit at the location where the
records and books of account are maintained.
a. 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.
City shall approve all subcontracts in writing. 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.
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, or
that would conflict in any manner with 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.
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12. WarranWand Representation of Non - Collusion.
No official, officer, or employee of the City has any financial interest, director 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 laws 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 Z2,
13. Indemnification.
To the fullest extent permitted by law, Subrecipient shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers,
and employees (collectively, the "Indemnified Parties ") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this Agreement,
any work performed or services provided under this Agreement including, without
limitation, defects in workmanship or materials or Subrecipient's presence or activities
conducted on the Project (including the negligent and /or willful acts, errors and/or
omissions of Subrecipient, its principals, officers, agents, employees, vendors, suppliers,
subconsultants, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require Subrecipient
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Subrecipient.
14. Insurance.
Without limiting Subrecipient's indemnification of City, and prior to commencement of
work, Subrecipient shall obtain, provide and maintain at its own expense during the term
of this Agreement, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Subrecipient shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Subrecipient shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the work
hereunder by Subrecipient, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Subrecipient's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
C. Coverage Requirements.
Workers' Compensation Coverage. Subrecipient shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least one million
dollars ($1,000,000)) for Subrecipient's employees in accordance
with the laws of the State of California, Section 3700 of the Labor
Code In addition, Subrecipient shall require each subconsultant to
similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the
State of California, Section 3700 for all of the subconsultant's
employees.
Any notice of cancellation or non - renewal of all Workers'
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Compensation policies must be received by City at least thirty (30)
calendar days (ten (10) calendar days written notice of non-
payment of premium) prior to such change.
Subrecipient shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City,
its officers, agents, employees and volunteers.
ii. General Liability Coverage. Subrecipient shall maintain
commercial general liability insurance in an amount not less than
one million dollars ($1,000,000) per occurrence for bodily injury,
personal injury, and property damage, including without limitation,
blanket contractual liability.
iii. Automobile Liability Coverage. Subrecipient shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Subrecipient arising out of or in connection
with work to be performed under this Agreement, including
coverage for any owned, hired, non -owned or rented vehicles, in an
amount not less than one million dollars ($1,000,000) combined
single limit for each accident.
iv. Professional Liability (Errors & Omissions) Coverage.
Subrecipient shall maintain professional liability insurance that
covers the services to be performed in connection with this
Agreement, in the minimum amount of one million dollars
($1,000,000) limit per claim and in the aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following
provisions:
Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Subrecipient or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Subrecipient hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Subrecipient acknowledges
and agrees that any actual or alleged failure on the part of the City
to inform Subrecipient of non - compliance with any requirement
imposes no additional obligations on the City nor does it waive any
rights hereunder.
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iii. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Subrecipient agrees to oblige its
insurance agent or broker and insurers to provide to City with thirty
(30) days notice of cancellation (except for nonpayment for which
ten (10) days notice is required) or nonrenewal of coverage for
each required coverage.
E. Timely Notice of Claims. Subrecipient shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Subrecipient's performance under this Agreement.
F. Additional Insurance. Subrecipient shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
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 any time by either party without
cause 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 Title 24 C.F.R. Part 85.43, suspension or termination
may occur if Subrecipient materially fails to comply with any term of the
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B. In accordance with Title 24 C.F.R. Part 85.43, suspension or termination
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 Title 24
C.F.R. Part 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 Title 24 C.F.R. Part 570.503(b)(8) and
transfer to 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 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 Title 24 C.F.R. Part
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 if the property is disposed of more than
five (5) years after the termination or expiration of this Agreement..
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. Lobbying.
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
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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 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: Kimberly Brandt, AICP
Director of Community Development
Community Development Department
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
FAIR HOUSING FOUNDATION
Attn: Barbara Shull, Executive Director
3605 Long Beach Blvd., Suite 302
Long Beach, CA 90807
20. Non - Discrimination and Equal 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
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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 Organizations:
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;
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 Title 24 C.F.R.
Part 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 notation, 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.
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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
Subrecipient's policy and penalties for drug abuse violations occurring in the workplace.
25. Non - Waiver of Terms. Riahts 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.
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.
ThisAgreement 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 and approved by the City Attorney that
expressly refers to this Agreement.
29. Conflicts or Inconsistencies.
is
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.
30. No Attorneys' Fees.
In the event of any dispute or legal action arising under this Agreement, the prevailing
party shall not be entitled to attorneys' fees.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the City and Subrecipient have executed this Agreement as of
the date first above written.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
B
Leonie Mulvihill,
Assistant City Attorney�,��Ir
City of Newport Beach
ATTEST:
By:
Leilani Brown,
City Clerk
�:ALI>~V�
Exhibit A: Scope of Services
CITY OF NEWPORT BEACH
A Municipal Corporation
By: (�
Dave Kiff
—City Manager
SUBRECIPIENT:
Fair Housing Foundation
Title:
Print N
By:
Title:
Print N
[END OF SIGNATURES]
17
(Corporate Offices:)
W oQ�
CITY OF NEWPORT BEACH CDBG
J S
Exhibit A: Fair Housing
Project: Fair Housing Services
Organization: Fair Housing Foundation
Description:
This project will provide fair housing education, counseling, and enforcement services to current or potential
Newport Beach residents, coupled with landlord /tenant counseling services. These services impact and benefit
target CDBG areas and the City's extremely -low to moderate income population. They help counteract unlawful
housing discrimination and assist CDBG target areas in reducing blight. Fair Housing provides the opportunity
for landlords and tenants to correct wrongful housing policies or behavior. It is estimated that, in Newport Beach,
this program will address 2 allegations of housing discrimination that result in the opening of a case file, and will
address approximately 198 landlord/tenant disputes, issues or concerns.
HUD Matrix Code: 21D CDBG $12,000
Housing Activities
Eligibility Citation:
570.206
HOME
$0
National Objective:
N/A
ESG
$0
2 Households
Accomplishment
(Discrimination)
HOPWA
$0
Goal:
198 Households
(Landlord/Tenant)
Start Date:
07/01/2011
Other:
$581,359
End Date: 06/30/2012
Total: $593,359
Fair Housing Foundation
3605 Long Beach Blvd., Suite 302
Long Beach, CA 90807
Available to all Newport Beach residents
Barbara Shull
Executive Director
Phone: (562) 989-1206
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Exhibit A: Page 2 of 3
Special Provisions
The following are special provisions that are required as a condition of receiving Community Development Block Grant (CDBG)
funds. Failure to comply with these requirements may lead to possible findings, a breach of the agreement, and/or the repayment of
the funds received under this agreement.
In the Special Provisions section, the term "Operating Department" shall refer to the City Department that is responsible for the
oversight of the project. The term "Operating Agency" or "Subrecipient" shall refer to the Community Based Organization (non-
profit) that is receiving CDBG funds. The term "CDBG Program Staff' shall refer to the Director of Recreation and Community
Services.
Subrecipient Agreement/Consultation Services:
The Operating Department/Agency shall execute a professional services agreement with each consultant /contractorprior to incurring
any costs or distributing any CDBG funds, in compliance with federal contractual requirements.
Program Income:
The Operating Agency will track and report all program income generated from the use ofCDBG funds, as defined in 24 CFR, Part
85.25 of the Common Rule. Program income is defined as gross income received by the sub - grantee or sub - recipient directly
generated by a grant- supported activity, or earned only as a result of the grant agreement. Program income includes, but is not
limited to: 1) Fees and donations collected from participants on public service programs; 2) Applicable bid fees from construction or
rehabilitation activities; 3) Principal and interest collections 4) on loans made with CDBG funds; 5) Fees from the use or rental of
real or personal property; and 6) Proceeds from the disposition of property purchased or improved with CDBG funds. Program
income must be recorded as revenues in the CDBG cost center of the Operating Department/Agency's General Ledger. If applicable
and upon receiving approval from the City, the program income may be used for payment of other eligible project expenditures that
are not paid with CDBG funds. Otherwise, the funds must be remitted to the City accompanied by the Return Funds Transmittal
form within 30 days of receipt.
Retention of Financial Records:
The Operating Department/Agency shall maintain during the term of this Contract and for a period of five (5) years after the
expiration of the contract complete and adequate financial records and accounts as considered necessary by the City to assure proper
accounting for all program funds and to support all program expenditures. These records and accounts shall include, but not be
limited to, the following: 1) A double -entry General Ledger that supports the costs charged to the CDBG Program; 2) Records
documenting procurement of goods and services; 3) Contracts for goods or services; 4) Lease or Rental Agreements; 5) Invoices; 6)
Billing Statements; 7) Cancelled Checks; 8) Timecards signed by employees and supervisors; 9) Personnel Authorization Records;
10) Payroll Registers; l l) Payroll Tax Records; 12) Bank Statements; 13) Bank Reconciliations; and 14) Documentation to support
the allocation of costs.
Payroll and Attendance Records:
The Operating Department/Agency must maintain payroll and time attendance records signed by the employee and approved by the
supervisor. Time distribution records must reflect total work time on a daily basis by program and/or funding source, as applicable.
Payroll and Attendance Records II:
The Operating Department(Agency shall maintain during the term of this Contract and for a period of five (5) years after the
expiration of the contract complete and adequate financial records and accounts as considered necessary by the City to assure proper
accounting for all program funds and to support all program expenditures. These records and accounts shall include, but not be
limited to, the following: 1) A double -entry General Ledger that supports the costs charged to the CDBG Program; 2) Records
documenting procurement of goods and services; 3) Contracts for goods or services; 3) Lease or Rental Agreements; 4) Invoices; 5)
Billing Statements; 6) Cancelled Checks; 7) Timecards signed by employees and supervisors; 8) Personnel Authorization Records;
9) Payroll Registers; 10) Payroll Tax Records; 11) Bank Statements; 12) Bank Reconciliations; and 13) Documentation to support
the allocation of costs.
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Exhibit A: Page 3 of 3
By signing below, I acknowledge that I have read and understand all of the special conditions listed above.
Furthermore, I acknowledge that if I fail to comply with the conditions listed, the U.S. Department of Housing and
Urban Development (HUD) and/or the City may require the repayment of thefunds received and/or forfeit receiving
future Community Development Block Grant (CDBG) funds.
r U
Dat
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