HomeMy WebLinkAboutAgreement for Services;
"`AGREEMENT FOR SERVICE�S""
THIS AGREEMENT is made and entered into this 29th day of rlarch , 199� by
and between the City of Arroyo Grande, a poliricai subdivision of the State of Califomia,
hereinafter referred to as "City," and Peoples' Self-Help Housing Corporation, a California
non-profit corporation, hereinafter referred to as "PSHHC," as follows:
WHEREAS, the City and State Department of Housing and Communiry Development
(HCD) entered into a Grant Agreement for the distribution and use of Community
Development Block Grant (hereinafter refened to as "CDBG") funds awazded to the City, as
Grantee under provisions of TiUe I of the Federal Housing and Community Development Act
of 1974 and Title IX of the National Affordable Housing Act of 1990 (hereinafter refened to
as the "Acts") under Grant Number 93-STBG-694; and
WHEREAS, pursuant to and as more fully described in the Grant Agreement, the
grant funds to be received by the City are to be used for the expenses related to land
acquisition and off-site improvements for affordable rental housing; and
WHEREAS, PSHFiC was incorporated for the purpose of promoting better living
condidons for low-income persons through the development of new housing and acquisition
and repair of existing housing; and
WHEREAS, PSHHC has the expertise and staff for carrying out the CDBG General
Administrative acdvities for the land acquisition and off site improvements;
NOW, THEREFORE, IT IS AGREED by and between the parties as follows:
1. Scone of Activities
PSHHC will provide General Administration services as follows:
(a) Provide technical assistance with reporting requirements, budget and program
revisions, and compliance with CDBG regulations.
(b) Assist in satisfying all City/State Grant Agreement conditions required prior to
fund drawdown, including completion of environmental review, citizen
participa6on plan, relocation plan, and CDBG Housing Element Certification.
(c) Prepare narrative quarterly program performance reports, annual grantee
performance report, final (closeout) reports, and monthly and quarterly
fmancial reports (PAR's).
(d) Assist with scheduling and noticing public hearings for reports and program
amendments, and maintenance of City's public information file.
(e) Provide technical assistance regazding fiscal and accounting procedures per
CDBG guidelines.
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(� Act as ge�1e'ral liaison with HCD in all matters pertaming to the grant.
2. Citv Responsibilities
The City shall:
(a) Cooperate with PSAHC in establishing and implementing a Grant Management
system.
(b) Be responsible for timely submittal of drawdown requests to the State
Department of Housing and Community Development and for the timely
distribudon to PSHHC of funds requested.
(c) Retain all pertinent books, records, and documents in to reflect all costs
incurred by PSHAC for which reimbursement is sought.
(d) City shall be responsible for fulfilling responsibili6es of the Grantee pursuant
to the City's agreement with the State under Grant Number 93-STBG-694.
3. Term of A�reement
The term of this Agreement shall commence on the date of execution of this
agreement and shall terminate on March 31, 1996, unless earlier ternunated as
hereinafter provided.
4. State of Comniiance
No provision in this agreement shall be intended to mitigate or alter the responsibility
of the City for the proper implementation of this program in compliance with all
applicable federal, state, and locai regulations.
5. Com�nsation
Subject to the terms and conditions of this agreement, including the availability of
CDBG funds, City shall compensate PSHHC for General Administrative Services up
to a maximum of $15,000. PSHHC will invoice the City on a fee basis, per the
milestone schedule ouflined in Attachment A. PSHHC shall be limited to the amount
budgeted unless the City Manager of the City of Arroyo Grande approves a budget
modification. Payment to PSHHC for the foregoing shall be following the submission
by PSHAC of a monthly statement.
It is understood by the parties thereto that the funds being used for the purposes of
this agreement aze funds furnished by City pursuant to the Acts. Notwithstanding any
other provisions of this agreement, the liability of City shall be limited to funds
available for the program. City shall incur no liability to PSHHC, its officers,
agents, employees, suppliers or contractors for any delay in making any such
payments.
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6. Ir�mctions � �
(<i) The 5tate rescrvcs thc right W inspee;t any work perfprme@ hereunder to sec
that the work is being and has bcxn perfonned in accordance with thc
applicablc lcderal, State, anJ/vr ]vc:.Q rcyuirements, and this agreemr.nt.
{b) '1'he City shalt ins�t any work perfonned hereunder to rnsure [hat lhe wurk
is being and has heen dcme in accordance with thc applicable fecleral State
andlor local requiremenu, the Standard Agreement betwcxn Uic City and the
State, and this agrcement.
7. ecurds
PSHHC shall retain for inspection all records, including but nat limited lo, books,
documen[s, pai�rs and plans of YSHHC for a pericxl of nat less than three (3) ycars
lrom tbe d ate of termination of this agrcement, tti ensure that the work is in
nccvrdance with the applicable federal, State and/or lcx:al rcyuircmcnts.
8. Iteimburseanent
If at any time within applicable statutory periods of limitation it is detcrminul by
City, or hy the State 1)ep artment of Housing and Cummunity Uevelopment, or iu
duly authorized r��res�rolalives, that funds provided for under the ternis of this
agrecment h,rve been used by or on behalf of PSHHC in a manner or for x purjmse
niK aultx�rirzd or prvhibihxl by said Act ar regulatians adoptr.d punuant thcrcto
PSHHC shall, at City's rcqucst, pay to the City an amount equal to one hundrexi
percent (100'9�) of any amount expended in viols�tion vf said Act or said regulalions.
9. Inc��
PSHHC and all subcontnctors shall carry workas compensation insurance for al] its
employees in accordancc with workeri compens,�tion ]aws of the State of Califvrnia.
YSHHC will indem�iify <:ity, its oflic:ials :u�d employc�es against xnd hold them
harmlcss from any .�nd all li.tbility fvr damages on account of injury m persons or
damage to property n:sulting from or arising out of or in any way amnec, with the
Performxnce by PSHHC of U»s agreemenl. PSHHC shall furnish City with a
certificate of general liability insurance with limits of at least $],OW,W0.00 for
bodily in on �:ach ocCUr�ence, and $1,OOO,t)0().GU f�r pmperty damages on cach
occurrence. '1'he certificatc of insurance shall slate that the contractual liability
assumrci under this agrcemeni it coverec! and shall provide that notiee vf canaellation
or reduction in c�c�ver,�ge shall be given to the City. PSHHC and subcontraeton shall
also maintain unemployment insurance and State di5��bility insurance as rcyuirccl by
Sta�e.
lU. Stale of Csdifo�•ni:� CunUact Iteauiremenls
)>uring the performance of this agnxment, PSIiHC agrees as follc�wa:
(.i) The Civil Ri�hts HCU A�e l�i�crimination and ILeh1>ititxtion Acts
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Assurance �
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During the performance of this contract, PSHHC assures that no otherwise
qualified person shall be excludecl from participation or employment, denied
program benefits, or be subjected to discrimination based on race, color,
national origin, sex, age, or handicap, under any program or activity funded
by this agreement, as required by Title VI of the Civil Rights Act of 1964,
Tide 1 of the Housing and Community Development Act of 1974, as amended,
the Age Discrimination Act of 1975, and the Rehabilitation Act of 1973, and
implementing regulations.
(b) The Training. Employment, and Contracting Opportuniries for Business and
Lower-Income Persons Assurance of Compliance:
(i) The work to be performed under this agreement 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
requiremenu of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.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 uea and contracts for work in connection with
the project be awarded to business concerns which are located in, or owned in
substantial part by persons residing in the area of the project.
(ii) The parties to this agreement will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the Secretary of
Housing and Urban Development set forth in 24 CFR Part 135, and all
applicable rules and orders of the Department issued thereunder prior to the
execution of this agreement. The parties to this agreement certify and agree
that they are under no conuactual or other disability which would prevent
them from complying with these requirements.
(iri) PSHHC will include this Section 3 clause in every subcontract for work
in connection with the project and wIll, at the duection of the applicant for or
recipient of federal financial assistance, take appropriate action pursuant to the
subcontract upon a fmding that the subcontractor is in violation of regulations
issued by the Secretary of Housing and Urban Development, 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.
(iv) PSHHC will send to each labor organization or representative of
workers with which they have a collective bargaining agreement or other
contract or understanding, if any, a notice advertising the said labor
organization or worker's representatives of their commitments under this
Section 3 clause and shall post copies of the notice in conspicuous places
available to employees and applicants for employment or training.
(v) Compliance with the provisions of Section 3, the regulations set forth
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in 24 CF12 �art 135, and all applicable rules and �rflers for the Department
issued thereunder prior to the execution of the agreement shall be a condition
of the federal financial assistance provided to the project, binding upon the
applicant or recipient for such assistance, iu successors, and assigns. Failure
to fulfill these requirements shall subject the applicant or recipient, its
contractors and subcontractors, its successors, and assigns to those sections
specified by the grant or loan agreement or contract through which Federal
assistance is provided, and to such sections as are specified by 24 CFR Part
135.
(c) State Nondiscriminarion Clause
(i) During the performance of this agreement, PSI3HC and its
subcontractors shall not lawfully discriminate against any employee or
applicant for employment because of race, religion, color, national origin,
ancestry, physical handicap, medical condition, marital status, age (over 40),
or sex. Contractors and subcontractors shall ensure that the evaluation and
treatment of their employees and applicants for employment are free from such
discrimination. Contractors and subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Government Code
Section 12900 et seq.) and the applicable regulations promulgated thereunder
(California Administrative Code, TiUe 2, Section 7285.0 et seq.). The
applicable regulations of the Fair Employment and Housing Commission
implementing Government code Section 12990, set forth in Chapter 5 of
Division 4 of Tide 2 of the Califomia Administrafive Code, are incorporated
into this agreement by reference and made a part hereof as if set forth in full.
PSFiHC and its subcontractors shall give written notice of their obligations
under this clause to labor organizations with which they have a collective
bargaining or other agreement.
(u) PSHHC shall include the nondiscrimination and compliance provisions
of this clause in all subcontracts to perform work under the agreement.
(iri) PSHHC shall take affirmative acrions to assure that small,
disadvantaged, women, and minority business enterprises are utilized when
possible as contractors for supplies, equipment, construction, and services.
(d) Assurance of Compliance with Rec�uirements Placed on Rehabilitation
Contracts/Subcontracts in Excess of $10.000:
In addition to the requirements above, if the contracUsubcontract is for housing
rehabilitation costing more than $10,000 and is between a property owner and
a contractor, PSHHC shall insert in the solicitation for bid and contract the
following phrase: "The contractor hereby agrees to abide by the requirements
of Execudve Order 11246 and all implementing regulations of the Department
of Labor."
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(e) Labor Stan�ards `�
(i) State Labor Standards Provisions -- PSHHC shall give the following
certification to the city and forward this certification to the City within ten (10)
days after the execudon of this contract. PSHHC will further agree that these
certifications will be required of all subcontractors.
"I am aware of the provisions of Section 1720 et seq. of the Califomia Labor
Code which requires that the state prevailing wage rate shall be paid to
employees where this rate exceeds the federal wage rate."
"I am awaze of the provisions of SecUOn 3700 of the Labor Code which
requires every employee to be insured against liability for workers
compensation or to undertake self-insurance in complying with such provisions
before commencing the performance of the work of this contract."
"It is further agreed that, except as may be provided in Section 1815 of the
California Labor Code, the maximum hours a worker is to be employed is
limited to eight hours a day and 40 hours a week and the subconuact shall
forfeit, as a penalty, $25 for each worker employed in the execution of the
subconuact for each calendar day during which a worker is required or
permitted to labor more than eight hours in an calendar day or more than 40
hours in any calendar week."
(ii) Federal Labor Standards Provision (Davis-Bacon and Related Acts) --
Except with respect to the rehabilitation of residential property designed for
residential use for less than eight families, PSI3HC and all contractors and/or
subcontractors of PSHHC engaged under contracts in excess of $2,000 for the
consuvction, prosecution, completion or repair of any building or work
financed in whole or in part with assistance provided under this agreement,
shall comply with the HUD requirements pertaining to such contracts and the
appiicable of the regulations of the Department of Labor under 29 CFR Parts
3, 5, and Sa, governing the payment of wages and the ratio of apprentices and
trainees to journeyman: provided, that if wage rates higher than those
required under such regulations are imposed by state or local law, nothing
hereunder is intended to relieve their obligation, if any, to require payment of
the higher rates. PSHHC shall cause or require to be inserted in full, in all
such contracts subject to such regulations, provisions meeting the requirements
of 29 CFR 5.5 and, for such contracts in excess of $10,000, 29 CFR Sa.3.
(� Other Required Federal Provisions:
(i) Flood Disaster Protection -- This agreement is subject to the
requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234). No
portion of the assistance provided under this agreement is approved for
acquisition or consWCdon purposes as defined under Section 3(a) of said Act,
for use in an azea identified by the Secretary has having special flood hazards
which is located in a community not then in compliance with the requirements
of Section 102(a) of said Act; and the use of any assistance provided under
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this agreerhdnt for such acquisition and constructioif`under such identified areas
in communities then participating in the national flood insurance program shall
be subject to the mandatory purchase of flood insurance of Section 102(a) of
said act.
Any contract or agreement for the sale, lease, or other transfer of land
acquired, cleared or improved with assistance provided under this agreement
shall contain, if such land is located in an azea identified by the Secretary as
having special flood hazards and in which the sale of flood insurance has been
made available under the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4001 et seq., provisions obligating the transferee and its successors
or assigns to obtain and maintain, during the ownership of such land, such
flood insurance as required with respect to financial assistance for acquisidon
or construction purposes under Section 102(a) of the Flood Disaster Prevention
Act of 1973. Such provisions shall be required notwithstanding the fact that
the construction on such land is not itself funded with assistance provided
under this agreement.
(ii) L.ead-based Paint Aazards -- The construcdon or rehabilitation of
residential structures with assistance provided under this agreement is subject
to the HUD Lead-based Paint regulations, 24 CFR Part 35. Any grants or
loans made by PSHHC for the rehabilitation of residential structures with
assistance provided under this agreement shatl be made subject to the
provisions for the elimination of lead-based paint hazards under subpart B of
said regulations, and PSHHC shall be responsible for the inspections and
certifications required under Section 35.14(� thereof.
(iri) Compliance with Air and Water Acts -- This agreement is subject to the
requirements of the Clean Air Act, as amended, 42 U.S.C. 1251 et seq., the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.,
and the regulations of the Environmental Protection Agency with respect
thereto, at 40 CFR Part 15, as amended, from time to time.
In compliance with said regulations, PSHHC shall cause or requ'ue to be
inserted in full in all contracts and subcontracts with respect to any non-exempt
transaction thereunder funded with assistance provided under this agreement,
the following requirements:
A stipulation by the contractor or subcontractor that any facility to be utilized
in the performance of any nonexempt contract or subcontract is not listed on
the List of Violating Facilities issued by the Environmental Protection Agency
(EPA) pursuant to 40 CFR 15.20.
Agreement by the contractor to comply with all the requirements of Section
114 of the Clean Air act, as amended (42 U.S.C. 1857c-S), and Section 308 of
the Federal Water Pollution Conuol Act, as amended (33 U.S.C. 1318),
relating to inspection, monitoring, entry, reports, and information, as well as
all other requirements and guidelines issued thereunder.
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A stipulation that as a condition for the awazd of the contract, prompt notice
will be given of any notification received from the Director, Office of Federal
Activities, EPA, indicating that a facility utilized or to be utilized for the
contract is under consideration to be listed on the EPA List of Violating
Facilities.
Agreement by the contractor that he will include or cause to be inciuded the
criteria and requirements in paragraphs (a) through (d) of this section in every
non-exempt subcontract and requiring that the contractor will take such action
as the government may direct as means of enforcing such provisions.
In no event shall any amount of the assistance provided under this agreement
be utilized with respect to a facility which has given rise to a conviction under
Section 113(c)(i) of the Clean Air Act or Section 309(c) of the Federal Water
Pollution Control Act.
(iv) Obligations of Grantee with Respect to Certain Third Party
Relationships -- PSHHC shall remain fully obligated under the provisions of
the agreement notwithstanding its designation of any third party or parties for
the undertaking of ali or any part of the program with respect to which
assistance is being provided under this agreement to PSHHC. PSHHC shall
comply with all lawful requirements of the state necessary to ensure that the
program with respect to which assistance is being provided under this
agreement by PSHHC is carried out in accordance with the state's assurance
certifications, including those with respect to the assumption environmental
responsibilities of the state under Section 104(h) of the Housing and
Community Development Act of 1974.
(v) Interest of Certain Federal Officials -- No member of or delegate to the
Congress of the United States, and no resident commissioner, shall be admitted
to any shaze or part of this agreement or to any benefit to arise from the same.
(vi) Interest of Members, Officers, or Employees of Contractors, Members
of Local Goveming Body, or Other Public Officiais -- No member office, or
employee of PSHHC, or its designees or agents, no member of the governing
body of the locality in which the program is situated, and no other public
official of such locality or localities who exercise any functions or
responsibilities with respect to the program during his tenure or for one year
thereafter, shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed in connection
with the program assisted under the agreement. PSHHC shall incorporate, or
cause to be incorporated, in all such contracts or subcontracts a provision
prohibiting such interest pursuant to the purposes of this section.
(vii) Prohibition Against Payments of Bonus or Commission -- The
assistance provided under this agreement shall not be used in the payment of
any bonus or commission for the purpose of obtaining HCD approval of the
application for such assistance, or HCD approval of applica6ons for additional
assistance, or any other approval or concuaence of HCD required under this
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agreement�ifle I of the Housing and Community�Sevelopment Act of 1974,
or HCD regulations with respect thereto: provided, however, that reasonable
fees or bona fide technical, consultant, managerial or other such services,
other than actual solicitation, are not hereby prohibited if otherwise eligible as
program cosu.
11. Termination
This agreement may be terminated by either party by the giving of thirty (30) days
written notice to the other if one party determines that the other has failed to comply
with any term or condirion of this agreement. Upon receipt of the notice the other
party shall prepaze and submit within thirty (30) days a proposal for the correction of
all conditions. In the event the party fails to submit such a proposal or otherwise fails
to properly perform this agreement after notification as hereinafter set forth, the
irutiating party may serve the other with written notice of termination of this
agreement.
12. Notices
Unless otherwise provided, all notices herein required shall be in writing, and
delivered in person or sent by United States fust class mail, postage prepaid. Notices
required to be given to the City shall be addressed as follows: City Manager, City of
Arroyo Grande, 214 East Branch Street, Arroyo Grande, CA 93420. Notices to be
given to PSHHC shall be addressed as follows: Executive Director, Peoples' Self-
Help Housing Corporation, 1411 Mazsh Street, Suite 103, San Luis Obispo, CA
93401.
Provided that any party may change such address by notice in writing to the other
parties and thereafter no6ces shall be transmitted to the new address.
This agreement shall inure to the benefit of and be binding upon the parties hereto,
their heirs, successors, survivors and assigns.
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` CTTY OF ARROYO
By: / � 3 - Z � - �
Chris " ansen Date
City May ager
ATTEST:
���t�. Q• 1�dJ 3�a9�9�
Nancy Davis ity Clerk ate
PEOPLES' SELF-HELP HOUSING CORPORATION
g j i�,���r� �i �tGGa:.c� �� 2/ 21 / 94
J ette Duncan Date
Executive D'uector
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� AGREEMENT FOR SERVIC�S
ATTACHMENT A
CDBG General Administration Fee and Milestone Schedule:
1. Grant Start Up March, 1994 $3,500
(including but not limited to assisting City to meet
HCD grant star[-up conditions, Housing
Element self-certification, CDBG CEQA/NEPA
Environmental Cleazance, and prepazation and
HCD acceptance of teuant Relocation Plan)
2. Ongoing Management April 1994 - May 1995 $8,000
(To be billed at $570 per month for 14 months.)
3. CDBG Closeout 7une, 1995 $3.500
(including but no[ limited ro prepazation of close
out report on behalf of Ciry, no[icing and conducting
close-out public henring, and preparation and
submittal of Certificate of Completion)
TOT31 $15, ���
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