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HomeMy WebLinkAboutHOUSING AUTHORITY - CDBG - Homeless Shelter Improvement Program� 3 u AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND 1 I L! THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO FOR CDBG FUNDING FOR THE HOMELESS SHELTER IMPROVEMENT PROGRAM THIS AGREEMENT is made and entered into on Wa$9-j� . A , 1997, by and between the Housing Authority of the City of San Luis Obispo, a public corporation (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 1, 1997, the Council of the City of San Luis Obispo approved its 1997 Community Development Block Grant program, which includes the use of $20,000 in City CDBG funds for the Homeless Shelter Improvement Program, located in the City of San Luis Obispo; and WHEREAS, the San Luis Obispo County Board of Supervisors has approved the City's 1997 CDBG Program as part of the Urban County's Consolidated Plan pursuant to applicable federal regulations (24 C.F.R. Part 570; and WHEREAS, the City of San Luis Obispo has entered into grant agreements 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 approved the 1997 Consolidated Plan by executing a 1997 CDBG Grant agreement with the Urban County (hereinafter referred to as "the Grant Agreement"); WHEREAS, according to federal regulations 24 CFR Section 570.503, before disbursing any CDBG funds to a "subrecipient," a written agreement shall be signed by the City of San Luis Obispo and the subrecipient, governing the use of those funds; and r CDBG Contractor Agreement - housing Authority Page 2 WHEREAS, the Homeless Shelter meets the federal eligibility criteria by providing shelter and food to the "homeless" of the City of San Luis Obispo, at least 51 percent of whom 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 Sections 570.201 (c) and (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 project description, Exhibit "A." 2. City Responsibilities City shall fulfill the responsibilities of the Grantee pursuant to this grant agreement and to the Cooperative Agreement between the City of San Luis Obispo and the County of San Luis Obispo. 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 the 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 further agrees that the City's and County's rights to amend the Grant 2 CDBG Contractor Agreement —'dousing Authority - Page 3 Agreement are 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 the City of San Luis Obispo and the County of San Luis Obispo. 5. Compensation. The City of San Luis Obispo hereby authorizes payment of 1997 CDBG Program funds in the amount of $20,000 (Twenty Thousand Dollars) to the Contractor toward completion of eligible activities as described in Exhibit "A" of this agreement. An additional $20,000 in CDBG Funds has been allocated to this project by the County of San Luis Obispo and will be covered under separate 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). 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 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. The City Planning Director may extend the term 90 days upon receiving a written request from the Contractor. 8. Termination for cause If the City determines that the Contractor has incurred obligations or made expenditures for 3 CDBG Contractor Agreement - mousing Authority Page 4 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 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 Section 5 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. 10. Sources and Availability of Funds The parties understand that the funds being used under this Agreement are limited to those 4 CDBG Contractor Agreement - housing Authority Page 5 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 this 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 the Secretary's duly authorized representatives that funds provided 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 with this Agreement. Contractor agrees that all work found by such inspections not to conform to the applicable requirements shall be corrected and that City may withhold payment until such corrections are completed. 5 CDBG Contractor Agreement - dousing Authority Page 6 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 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 rl CDBG Contractor Agreement - dousing Authority - Page 7 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, judgments, or liability occasioned by the performance or attempted performance of the provisions hereof, or CDBG 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, (c) 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 The Contractor shall obtain and maintain insurance for the entire term of this Agreement and 7 CDBG Contractor Agreement — Housing Authority Page 8 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 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 8 CDBG Contractor Agreement - housing Authority Page 9 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. A certificate of insurance shall be furnished to the 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. 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, 9 CDBG Contractor Agreement -Housing Authority Page 10 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 the City's and 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. 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 10 CDBG Contractor Agreement — aousmg Authority Page 11 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. (c) 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 bylaw, 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. 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. CDBG Contractor Agreement -Housing Authority Page 12 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. 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. 12 CDBG Contractor Agreement — housing Authority Page 13 Notices required to be given to the City shall be addressed as follows: Paul LeSage, Director of Parks and Recreation City of San Luis Obispo 1341 Nipomo Street San Luis Obispo, CA 93401-3964 Notices required to be given to the Contractor shall be addressed as follows: George J. Moylan, Executive Director Housing Authority of the City of San Luis Obispo 487 Leff Street San Luis Obispo, CA 93401 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: By: - F/ George J. Moylan, Executive Director APPROVED AS TO FORM AND LEGAL EFFECT: Un Dat Attachment: Exhibit "A": Project Description HousftAutlmrityHomdess$AelterAgre DOC 13 cchtIVED JAN 1 u Ift COUNTY OF SAN LUIS OBISPO r of saw wis 081sao COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM" APPLICATION FOR FUNDING DURING 1997 PROGRAM YEAR (Attach additional sheets if necessary) NOTE: Please review the CDBG regulations before completing this proposal. A copy of a HUD -prepared CDBG eligiblity guidebook is available upon request from county staff. Also, please call county and/or city CDBG staff with any questions about how to complete the form or about the rating criteria and process. 1, Name and mailing address of applicant organization, with contact person and phone number: HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO 487 LEFF STREET SAN LUIS OBISPO, CA 93401 GEORGE J. MOYLAN (805) 543-4478 2. Title/name of proposed project or activity: � is i� a• � r • • � is • • � • � i 3. Does the proposed project or activity meet one of the three national objectives of the CDBG program? Please check one of the objectives below that applies to the proposal, and explain on the following page how the project or activity meets the that national objective. * a. X Benefits low and moderate -income persons as defined by the U.S. Department of Housing and Urban Development (HUD). NOTE: To meet this national objective, the proposed activity must benefit a specific clientele or residents in a particular area of the county or participating city, at least 51 percent of whom are low and moderate -income persons. See attached current income limit schedule. b. Aids in the prevention or elimination of slums or blight. NOTE: To meet this national objective, the proposed activity must be provided within a designated slum or blighted area, and must be designed to address one or more conditions that contributed to the deterioration of the area. C. Meets community development needs having a particular urgency where existing conditions pose a serious and immediate threat to the health or welfare of thee community, and no other funding sources are available. NOTE: To meet this national objective, the proposed activity must be provided to deal with major catastrophes or emergencies such as floods or earthquakes. * BY FEDERAL DEFINITION, ALL HOMELESS PERSONS ARE LOW—INCOME PERSONS -1- EXHIBIT A HOUSING AUIEiORITY OF THE 1997 CDBG Application Organization:' CITY OF SAN LUIS OBISPO 4. Check any of the following eligible activity categories that apply to the proposed project or activity: (Refer to CDBG regulations and Guide to Eliale CDBG Activities) Acquisition of real property Disposition of real property X Public facilities and improvements (may include acquisition, construction, reconstruction, rehabilitation or installation) Privately -owned utilities Clearance, demolition, removal of buildings and improvements, and/or movement of structures to other sites Interim assistance' Relocation of individuals, families, businesses, non-profit organizations, and/or farms Removal of architectural barriers X Housing rehabilitation New housing construction (under limited circumstances) Code enforcement Historic preservation Commercial or industrial rehabilitation Special economic development Special activities by subrecipients X Public services Planning studies -2- (USING AUTHORITY OF 1997 CDBG Application Organizations `tE CITY OF SAN LUIS OBISPO 5. Location of proposed project or activity: (Check one or more the following areas) City of Atascadero City of Grover Beach City of Paso Robles County -wide X City of San Luis Obispo Unincorporated community of: 6.... . What is.the,total amount of CDBG. funds.requested? .$ .402000 7.. Proposed CDBG budget: (List proposed expenditures by item or cost category) RE -ROOF MODULAR UNITS. WITH PVC/MEMBRANE ROOF $132450 REFIADR MODULAR UNITS 9,750 * ADDITION OF PUBLIC BATHROOM FACILITIES TO EXTERIOR OF HOUSE 10,000 CONTRACT ADMINISTRATION 1,800. ADDITION OF PROTECTIVE AWNING IN BACK BACK AREA 53000 *.Whether or not this item is completed, -dependent upon the results of use permit decisions being made by the Fhman Relations Commission, the Planning Commission and City. Council, if necessary, we do not support the installation of such facilities. 8. Identify. source and amount of any non-CDBG funding committed.to the project: We have budgeted a small amount, $1,800, for contract administration to reimburse the Housing Authority for its expenses. This is .obviously not an adequate amount for the ,typet,6f,+seivices the Authority will . provide.;` Typically, charges for contract administration start at 15% Of the estimated dollar value of the work. -3- 1997 CDBG Application Organization: Housing Authority of the City of San. Luis Obispo 9. Describe, and if possible, document severity of community development needs that result in the need for the proposed project or activity, including possible consequences of not funding the project now. The City of San Luis Obispo has one homeless shelter. For the past several years, eight on the current site, the shelter has been operated primarily through the use of City, County and Federal Emergency Shelter Grant funds. For a variety of reasons, including opposition by City and County staff, extraordinary repairs and replacement reserves, were never taken into consideration in the budgeting process. During the past 12 months 1,052 unduplicated individuals were provided shelter for one or more night. A total of 17,885 shelter nights were provided, some 15,000 showers were taken and 35,000 meals served. That's a great deal to ask of modular units that were used when acquired over nine years ago, and were used goods at the time. In the 1996 CDBG funding cycle we asked for $10,000 to establish a replacement reserve account.. We were told at that time by City staff, as we had been for several years: We will address those problems when they happen. Well they have happened, the roofs of the modular units leak, flooring is.diiapidated, the neighborhood is demanding additional bathroom facilities be made available and that a staging area be developed.. From a physical standpoint the homeless shelter may not be a decent, safe and sanitary place for people to be housed. Obviously when a City and County supported shelter could be closed by City Building Inspectors enforcing health and safety.codes a problem exists. The potential consequences of such a situation. should be clear to all. The prospect of 49 additional homeless individuals and families being on the street each and every night should not be a pleasant thought to anyone. -4- 1997 CDBG Application Organization: Housing Authority of the 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. In 1989. the modular units that had been the homeless shelter on Kansas Avenue were brought to their current Orcutt Road location and set-up on leased property. In April 1.991 the Housing Authority of the City of San Luis Obispo acting on behalf of the City wrote a successful Community Development Block Grant acquisition which accomplished three goals 1) The site and an existing single-family home were acquired, 2) The last two years of the lease/purchase on the modular units were paid off and 3) Funding was=available to do the first stage of a proposed two-stage rehabilitation process. Primary components of the first stage rehabilitation was the rehabilitation of the house into administrative offices for the homeless shelter. Little was done to the modular units themselves, although the modular units were never designed for the heavy, long-term use, that they have been subjected to. Thus nine or ten years after their initial use as a homeless shelter, and eight years after arriving on site, it is little wonder that they are showing wear and tear, i.e., roofs and floors that are wearing out. In funding homeless shelter operations over the years the City and County have funded program but have provided no funds for a project reserve, or extraordinary maintenance. That problem has recently been compounded by neighbors asking for changes at the shelter including toilet facilities which are available fulltime and the need for a staging area for each night's activities. Thus funds are being requested for the following: --Replacement of existing roofs on modulars --Addition of public bathroom facilities to exterior of house. Completion of this item will be subject to results of use permit discussions. --Replacement of flooring throughout modular units. --Addition of protective awning to staging area. The benefits to the target population existing shelter, particularly in certainly be considered a threat to milestones we could schedule the work to HUD approves the Consolidated Plan. are quite obvious as the inclement weather, could health and safety. As to begin virtually on the day 7OUSING AUTHORITY OF 1997 CDBG Application Organization: 1HE CITY OF. SAN LUIS OBISPO 11. Persons the proposed activity is targeted to serve: (If the project serves persons in an geographic area, instead of on a limited -clientele basis, please attach a map of the area of benefit and list the census block groups) a. Total number of families (or persons) to benefit: 13052 b. How many of them are low-income: C. How many of them are very low-income? 1 12052 12. Description of specific group/s proposed to implement project or activity: (Single or multiple groups, with roles; public, non-profit or for-profit; experience; etc.) The Housing Authority will of course administer the funds and work closely with the Economic Opportunity Commission in coordinating the work. I certify that the information in this application is true and accurate to the best of my ability and knowledge. Date GEORGE J. M_OYLAN EXECUTIVE DIRECTOR Printed or typed name Title M I AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO FOR CDBG FUNDING FOR THE HOMELESS SHELTER IMPROVEMENT PROGRAM Hd THIS AMENDMENT is made and entered into on January , 1998, by and between the Housing Authority of the City of San Luis Obispo, a public corporation (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"); and amends the agreement between Contractor and the City dated November 8, 1997. SECTION 5. COMPENSATION shall be amended as follows (changes in italics): The City of San Luis Obispo hereby authorizes payment of 1997 CDBG Program funds in the amount of $20,000 (Twenty Thousand Dollars) to the Contractor toward completion of eligible activities as described in Exhibit "A" of this agreement. City acknowledges that due to extraordinary circumstances, namely: impending heavier -than -normal rainfall caused by "El Nino" weather conditions and potentially unsafe building conditions, Contractor may undertake and complete shelter improvements prior to execution of this agreement in order to protect shelter residents in a timely manner. An additional $20,000 in CDBG Funds has been allocated to this project by the County of San Luis Obispo and will be covered under separate agreement. IN WITNESS WHEREOF, the parties hereto have executed this amendment as of the day and year first written above. CONTRACTOR: By: 2a- p Geo�. Moylan, Lecutive Director CITY: r By: / John unn, City A nistrati e Otficer jh/L:HsgAuth97.con