HomeMy WebLinkAboutHOUSING AUTHORITY - CDBG - Childrens' Work Incentive ProgramAGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO
AND THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO
FOR THE CHHARENS' WORK INCENTIVE PROGRAM
THIS AGREEMENT is made and entered into on &�sZ' /0 , 1996,
by and between the Housing Authority of the City of San Luis Obispo, a public housing
agency (hereinafter referred to as "Contractor"), and the City of San Luis Obispo, a charter
municipal organization in the State of California (hereinafter referred to as "City".)
WITNESSETH:
WHEREAS, on April 2, 1996 the Council of the City of San Luis Obispo approved its
1996 Community Development Block Grant program, which includes the use of closed -out
State CDBG grant program income in the amount of $12,000.00 for a work incentive program
for children at Housing Authority residential complexes in the City of San Luis Obispo.
WHEREAS, on April 23, 1996, the San Luis Obispo County Board of Supervisors
initially approved the 1996 CDBG Consolidated Plan pursuant to applicable federal regulations
(24 C.F.R. Part 570), and then amended said program on August 6, 1996 to reflect revised,
final funding figures adopted by Congress; hereinafter referred to as the "Final Statement;"
WHEREAS, on July 9, 1996 the City of San Luis Obispo entered into a Cooperative
Agreement with the County of San Luis Obispo to implement the Housing and Community
Development Act of 1974, herein called the "Act". Said Act is omnibus legislation relating to
federal involvement in a wide range of housing and community development activities;
WHEREAS, HUD has approved the 1996 Consolidated Plan by executing CDBG
Grant agreement number B -96 -UC -06-0508 (hereinafter referred to as "the Grant
Agreement");
WHEREAS, the City of San Luis Obispo has entered into a Subrecipient Agreement
with the County of San Luis Obispo to comply with the Act; and
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WHEREAS, the Children's Work Incentive Program, administered by the Housing
Authority of the City of San Luis Obispo meets the federal eligibility criteria by funding a
work experience and recreation program for at -risk children, of whom at least 51 percent are
from low or moderate income households, according to 24 CFR 570.208(a)(1); and is an
eligible activity for CDBG funding according to 24 CFR 570.201 (e); and
NOW, THEREFORE, in consideration of mutual covenants, conditions, promises and
agreements herein set forth, the parties agree as follows:
1. Scope of Activities
Refer to attached workscope, Exhibit "A."
2. City Responsibilities
City shall be responsible for fulfilling responsibilities of the Grantee pursuant to the Grant
Agreement. Nothing in this agreement shall constitute approval of the project by the City
Community Development Department, Planning Commission or City Council.
3. Relationship to Grant Agreement
Contractor acknowledges and agrees that this Agreement is subject to the obligations and
limitations imposed on the City by the Grant Agreement and all future amendments to Grant
Agreement and is intended to be in conformance and harmony with it. Contractor further
acknowledges that if the Grant Agreement is terminated by the United States Government,
prior to its implementation by appropriation and/or funding, the City shall have the right to
terminate or amend this Agreement by giving written notice of the termination or amendment
of this Agreement to Contractor. Contractor hereby expressly agrees to the provisions of the
Grant Agreement and further expressly agrees that nothing in this Agreement shall be deemed
to require the City to perform an obligation in conflict with the Grant Agreement. Contractor
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further agrees that the County's rights to enter into amendments to the Grant Agreement is not,
and shall not be restricted or impaired, in any way, by this Agreement.
4. Compliance with other agreements
Contractor acknowledges and agrees that this Agreement is subject to the obligations and
limitations imposed on the City by Cooperative Agreement and the Subrecipient Agreement
between City and the County of San Luis Obispo.
5. Compensation
The City of San Luis Obispo shall authorize payment of the closed -out State CDBG funds in
the amount of $12,000 ('Twelve Thousand Dollars) to the Contractor for completion of eligible
activities stated in the Exhibit "A" of this agreement.
6. Obligations and Limitations
The Contractor acknowledges and agrees that this Agreement is subject to the obligations and
limitations imposed on City by the Department of Housing and Urban Development (HUD).
City shall have the right to terminate or amend this Agreement by giving written notice of the
termination or amendment of this Agreement to the Contractor.
7. Term
The term of this Agreement shall commence on the date first above written and shall terminate
two (2) years from that date or upon successful completion of the program, whichever comes
first, unless sooner terminated as hereinafter provided. City Planning Director may extend
the term 90 days upon receiving a written request from the Contractor.
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S. Termination for cause
If City determines that the Contractor has incurred obligations or made expenditures for
purposes which are not permitted or are prohibited under the terms and provisions of this
Agreement, or if the City determines that the Contractor has failed to fulfill its obligations
under this Agreement in a timely and professional manner, or if the Contractor is in violation
of any of the terms or provisions of this Agreement, or if the City is given notice by the
County that it is terminating its Cooperative and Subrecipient agreements with the City, or if
the Contractor is found to be adjudged to be bankrupt, or if the Contractor makes a general
assignment for the benefit of the Contractor's creditors, or if a receiver should be appointed in
the event of the Contractor's insolvency, then the City shall have the right to terminate this
Agreement effective immediately upon giving written notice thereof to the Contractor
Termination shall have no effect upon the rights and obligations of the parties arising out of
any transaction occurring prior to effective date of such termination. If the City's termination
of this Agreement for cause is defective for any reason, including but not limited to the City's
reliance on erroneous facts concerning the Contractor's performance, or any defect in the
notice thereof, City's maximum liability shall not exceed the amounts payable to the
Contractor under paragraphs 1 and 2 of this Agreement.
9. Termination for convenience
Either party may terminate this agreement at any time by giving the other party sixty (60) days
written notice of such termination. Termination shall have no effect upon the rights and
obligations of the parties arising out of any transaction occurring prior to the effective date of
such termination. Contractor shall be paid for all work satisfactorily completed prior to the
effective date of said termination.
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10. Sources and Availability of Funds
It is understood by the parties hereto that the funds being used for the purposes of this
Agreement are funds controlled by and currently available to City. Notwithstanding any other
provision of this Agreement, the liability of the City shall be limited to CDBG funds available
for the project.
11. Reimbursement of Improper Expenditures
If at any time within applicable statutory periods of limitation it is determined by City or its
duly authorized representatives, the County or its duly authorized representatives, or by the
United States Secretary of Treasury or his duly authorized representatives that funds provided
for under the terms of this Agreement have been used by or on behalf of the Contractor in a
manner or for purposes not authorized or prohibited by said Act or regulations adopted
pursuant thereto, the Contractor hereby obligate themselves, at the City's request, to pay to the
City an amount equal to one hundred percent of the amount improperly expended.
12. Employment Status
Nothing in this Agreement is intended nor shall be construed to create an employer-employee
relationship or a joint venture relationship between the City and the Contractor. Neither the
Contractor nor any of the Contractor's agents, employees or contractors are or shall be
considered to be agents or employees of the City, the County, or HUD in connection with the
performance of the Contractor's obligations under this Agreement.
13. Inspections
The City reserves the right to inspect any work performed hereunder to ensure that the work is
being and has been performed in accordance with the applicable federal, state and/or local
requirements, and this Agreement. Contractor agrees that all work found by such inspections
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not to conform to the applicable requirements shall be corrected and that City may withhold
payment until such corrections are completed.
14. Reporting
Contractor shall submit quarterly reports to the City describing the progress made toward
accomplishing the project objectives. Contractor further agrees to submit to the City a final
report within 60 days of completing the project, describing the project objectives and activities
that have been accomplished. The report shall contain sufficient detail to enable the City to
properly evaluate contractor performance in completing the objectives and activities of the
project.
15. Recordkeeping
a. All records, accounts, documentation and all other materials relevant to a fiscal
audit or examination, as specified by the City, the County or HUD, shall be retained by the
Contractor for a period of not less than three (3) years from the date of termination of this
Agreement. If so directed by the City or HUD upon termination of this Agreement, the
Contractor shall cause all records, accounts, documentation and all other materials relevant to
the work to be delivered to the City as depository. The Contractor understands that they shall
be subject to the examination and audit by the City Auditor and/or the Auditor General for a
period of three (3) years after the final payment under this Agreement.
b. All records, accounts, documentation and other materials deemed to be relevant
to the undertaking enabled by this Agreement shall be accessible at any time to the authorized
representatives of the City, the County or federal government, on reasonable prior notice, for
the purpose of examination or audit. Any expenditure which is not authorized by this
Agreement or which cannot be adequately documented shall be disallowed and must be
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reimbursed to the City or its designee by the Contractor. Expenditures for work not described
in this Agreement shall be deemed authorized if the performance of such work is approved in
writing by the City prior. to the commencement of such work. Absent fraud or mistake on the
part of the City, the County and HUD, the determination by the City, the County and HUD of
allowability of any expenditures shall be final.
16. Indemnification
The Contractor shall defend, indemnify and save harmless the City, its officers, agents and
employees from any and all claims, demands, damages, costs, expenses, judgements, or
liability occasioned by the performance or attempted performance of the provisions hereof, or
in any way arising out of this Agreement, including, but not limited to, (a) those predicated
upon theories of violation of statute, ordinance or regulation, violation of civil rights, (b) any
adverse determination made by the Internal Revenue Service or the State Franchise Tax Board
with respect to the Contractor that would establish a City liability for failure to make social
security and income tax withholding payments, ® inverse condemnation, (d) equitable relief, or
(e) any wrongful act or any negligent act or omission to act on the part of the Contractor or of
agents, employees, or independent contractors directly responsible to the Contractor; providing
further that the foregoing obligations to defend, indemnify and save harmless shall apply to
any wrongful acts, or any actively or passively negligent acts or omissions to act, committed
jointly or concurrently by the Contractor their agents, employees, or independent contractors
and the City, its agents, employees, or independent contractors. Nothing contained in the
foregoing indemnity provisions shall be construed to require the Contractor to indemnify the
City against any responsibility or liability in contravention of Section 2782 of the Civil Code.
17. Insurance
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The Contractor shall obtain and maintain for the entire term of this Agreement and the
Contractor shall not perform any work under this Agreement until the Contractor has obtained
comprehensive general liability insurance, in companies acceptable to the City, and authorized
to issue such insurance in the State of California. Said insurance shall consist of the
following:
a. The Contractor shall maintain in full force and effect, for the period covered by
this Agreement, comprehensive liability insurance. This comprehensive general and
automobile liability insurance shall include, but not be limited to, protection against claims
arising from bodily and personal injury, including death resulting therefrom, and damage to
property, resulting from any act or occurrence arising out of the Contractor's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amount of insurance shall be not less than one million dollars ($1,000,000) combined single
limit coverage for bodily and personal injury, including death resulting therefrom, and
property damage.
The following endorsements shall be attached to the policy:
(1) If the insurance policy covers an "accident" basis, it must be changed to
"occurrence."
(2) The policy must cover personal injury as well as bodily injury.
(3) Blanket contractual liability must be afforded and the policy must contain
a cross liability or severability of interest endorsement.
(4) The City, its officers, agents, and employees shall be named as
additional insured under the policy, and the policy shall provide that insurance will
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operate as primary insurance and that no other insurance affected by the City will be
called upon to contribute to a loss hereunder.
b. In accordance with the provisions of Labor Code section 3700, The Contractor
is required to be insured against liability for workers' compensation or to undertake self-
insurance for any individuals working as their employees. The Contractor agrees to comply
with such provisions before commencing the performance of the work under this Agreement.
c. The following requirements apply to all insurance to be provided by the
Contractor:
(1) A certified copy of each insurance policy and a certificate of insurance
shall be furnished to the City within sixty (60) days after execution of this Agreement.
A certificate alone is not acceptable. Provided, however, a certificate of insurance
shall be furnished City prior to the approval of any advances by the Auditor of the
City pursuant to this Agreement.
(2) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without thirty (30) days
prior written notice to City.
(3) Approval of the insurance by City shall not relieve or decrease the extent
to which the Contractor may be held responsible for payment of damages resulting
from the Contractor's services or operations pursuant to this Agreement.
d. If the Contractor fails or refuses to procure or maintain the insurance required
by this paragraph, or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, City shall have the right, at City's election, to
forthwith terminate this Agreement.
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18. Equal Employment Opportunity
During the performance of this Agreement, the Contractor agrees that they will not
discriminate against any employee or applicant for employment because of race, color,
religion, sex, or national origin, and specifically agrees to comply with the provisions of
Section 202 of Presidential Executive Order No. 11246
19. Entire Agreement and Modification
This Agreement sets forth the full and entire understanding of the parties regarding the matter
set forth herein, and any other prior or existing understandings or agreements by the parties,
whether formal or informal, regarding any matters are hereby superseded or terminated in
their entirety. No changes, amendments, or alterations shall be effective unless in writing and
signed by all parties hereto. The Contractor specifically acknowledges that in entering into
and executing this Agreement, the Contractor relies solely upon the provisions contained in
this Agreement and no others.
20. Funding for Additional Services
Funding of any programs, projects, or services beyond the term of this Agreement, by any
new agreement or amendment or extension of this Agreement, have not been authorized and
will depend upon County's determination of satisfactory performance of this Agreement by the
Contractor and upon the availability to City of additional grant funds allocated for such
purposes. Neither the City nor any employee of City has made any promise or commitment,
express or implied, that any additional funds will be paid or made available to the Contractor
for the purpose of this Agreement over and above the funds expressly allocated under the
terms of this Agreement.
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1
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21. Laws and Regulations
The Contractor agrees that they are familiar with and will comply with all local and State laws
and regulations that pertain to construction, health and safety, labor, fair employment
practices, equal opportunity and all other matters applicable to the Contractor, their
subcontractors, and the undertaking enabled by this Agreement. The Contractor agrees that
they are familiar with and will comply with all federal laws and regulations applicable to the
CDBG program.
22. Contractors and Subcontractors
Contractor agrees to, and shall require its subcontractors to agree to:
(a) Perform the work in accordance with federal, state and local housing and
building codes as applicable.
(b) Comply with the Labor Standards described in 24 CFR 570.603 and with the
provisions of the California Labor Code, as applicable.
m Comply with the applicable Equal Opportunity requirements described in 24
CFR 570.607.
(d) Maintain at least the minimum state -required workers' compensation insurance
for those employees who will perform the work or any part of it.
(e) Maintain, if so required by law, unemployment insurance, disability insurance
and liability insurance in an amount to be determined by the State which is reasonable to
compensate any person, firm, or corporation who may be injured or damaged by Contractor or
any subcontractor in performing the work or any part of it.
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23. Non -Assignment of Agreement
Inasmuch as this Agreement is intended to secure the specialized services of the Contractor,
the Contractor shall not have the right to assign or transfer this Agreement, or any part hereof
or monies payable hereunder, without the prior written consent of the City, and any such
assignment or transfer without the City's prior written consent shall be considered null and
void.
24. Law and Governing Venue
This Agreement has been executed and delivered in the State of California, and the validity,
enforceability and interpretation of any of the clauses of this Agreement shall be determined
and governed by the law of the State of California. All duties and obligations of the parties
created hereunder are performable in San Luis Obispo County, and such County shall be that
venue for any action, or proceeding that may be brought, or arise out of, in connection with or
by reason of this Agreement.
25. Enforceability
If any term, covenant, condition or provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be affected, impaired or
invalidated thereby.
26. Agreement Binding
All provisions of this Agreement shall be binding on the parties and their heirs, assigns and
successors in interest.
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27. Waivers
City's waiver or breach of any one term, covenant or other provision of this Agreement shall
not be a waiver of a subsequent breach of the same term, covenant or provision of this
Agreement or of the breach of any other term, covenant or provision of this Agreement.
28. Notices
Unless otherwise provided, all notices herein required shall be in writing, and delivered in
person or sent by United States first class mail, postage prepaid. Notices required to be given
to the City shall be addressed as follows:
Jeff Hook, Associate Planner
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401-3249
Notices required to be given to the Contractor shall be addressed as follows:
George Moylan, Executive Director
Housing Authority of the City of San Luis Obispo
487 Leff Street
San Luis Obispo, CA 93406
Provided that any party may change such address by notice in writing to the other parties and
thereafter notices shall be transmitted to the new address.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
Contractor.
City:
IM
c�Ian, Executive Director
John)Dunn, City Administrative Officer
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(Notary)
APPROVED AS TO FORM AND LEGAL EFFECT:
Dated:1?--/ 2 —16
Attachment: Exhibit "A': Program Description
JWL:oab W*a8M3.dM
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FUSING AUTHORITY OF THE
1996 CDBG Application Organization: CITY. OF SAN LUIS OBISPO
10. Description of proposed project or activity, including schedule ut milcstuttcs and
description of how project will benefit the t<u-get population:
The Children's Work Incentive Program provides children from low and very low-income
families with structured, productive activities that promote personal development and
offers -opportunities for these children to learn and earn. Participants in the program
assist with grounds maintenance and beautification projects on their public housing
sites and earn fun prizes and treats, "scholarships", local outings, group patties, field
trips,.awards, and other incentives.
On a typical work day, a group of children ages 5 to 15 will wort: together with
Housing Authority staff and volunteers to clean up and beautify their low-income
housing developments by removing litter, raking, sweeping, painting, planting, and
completing tasks that improve the immediate neighborhood. Weekly projects are
accomplished by small group teams with specific assignments, and duties are matched
to the age and ability of each participant. The youngest children are involved in litter
removal and basic clean up projects that are guided and closely supervised by adults.
Older children assist clean up crews, but may also plant flowers, shrubs, or trees, paint,
and perform landscape maintenance tasks. These children receive information and
training on how to complete beautification projects safely and efficiently. Participants
who are at least 14 years old receive hands-on training in the use of more advanced
tools and equipment used for landscape maintenance and construction projects. Three
of these oldest participants will be selected to take part in Private Industry Council and
Housing Authority programs that result in full-time summer employment with the
grounds department of the Housing Authority of San Luis Obispo. Successful
candidates will receive job training, wages, and applicable school credit. -
Incentives and rewards earned by participating children range from end of the work day
treats to large group educational outings. Future plans include trips to Cal Poly, local
zoos, libraries and museums, the Monterey Bay Aquarium, State and National Parks,
and a variety of public events. Young workers have earned pizza parties, movie tickets,
admission to amusement centers and parks, scholarships to recreational classes and
programs, and recognition awards. Youth of all ages involved in the Children's Work
Incentive Program increase their self-confidence and self-esteem and acquire life skills
and experiences that will be useful throughout their lives.
The beautification work provided by the children improves the appearance of their
neighborhood and creates a stronger sense of community among the residents of public
housing complexes. Goodwill between the Housing Authority, its tenants, and the
community of San Luis Obispo is enhanced by working together ,o develop a program
that provides immediate and long term benefits for everyone involved. The
accomplishments of children participating in the Children's Work LZcentive Program
have been so impressive that they have been featured by KSBY, KCOY, KSMA, and the
Telegram Tribune.
HOUSING AUTI-IORITY OF THE
1996 CDBG Application Organization: CITY OF SAN LUIS OBISPO
`. 10. Description of proposed project or activity, including schedule of milestones and
description of how project will benefit the target population:
--continued--
Because they are engaged in a structured program and productive activities, participants
in the Children's Work Incentive Program are less likely to be involved with non-
productive or criminal activities and more likely to become contributing members of the
community and working adults. This helps to alleviate problems associated with
juvenile delinquency and may provide the means to break the cycle of poverty. The
program is working and progress is being made. Continued support from CDBG
funding will allow the Housing Authority to continue offering the Children's Work
Incentive Program to nearly 250 youth from low and very low-income families.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State ofs�-
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Date N e and Title orMicer (e.g., "Jane Doe, Notary Public")
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whose name subscribed to the within instrument
and acknowledged to me tha%�/thy executed the
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CHNFaS 09%r/trAr signature04 on the instrument the personoo,
CORE* "# Is Ann or the entity upon behalf of which the personK acted,
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@k*0WM°MCF i WITNESS my hand and official seal.
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