Salinas City Council
June 18, 2024

1 FISCAL YEAR 2023-24
HCD 2022 ESG

SUBRECIPIENT FUNDING AGREEMENT

BETWEEN

THE CITY OF SALINAS
AND

CENTRAL COAST CENTER FOR

INDEPENDENT LIVING
















2 This is an official document.

Do not make any changes to this document EXCEPT to modify your signature block on the last page as needed.















3 FISCAL YEAR 2023-24
HCD 2022 ESG

SUBRECIPIENT FUNDING AGREEMENT

BETWEEN CITY OF SALINAS
AND

CENTRAL COAST CENTER FOR INDEPENDENT LIVING

FOR THE

CCCIL RAPID REHOUSING AND HOUSING STABILIZATION PROGRAM Agreement Number: 23SESG01
Table of Contents
PART I - AGREEMENT ................................................................................................................ 6 Section 1. Definitions (as used in this Agreement) .................................................................... 6 Section 2. Term ........................................................................................................................... 6 Section 3. Scope of Service ........................................................................................................ 6 Section 4. Funding ...................................................................................................................... 8 Section 4A. Non-Entitlement State ESG Program Requirements ............................................ 10 Section 4B. Other Program Requirements ................................................................................ 12 Section 5. Records and Reports ................................................................................................ 14 Section 6: Indemnity; Insurance ............................................................................................... 14 Section 7. Subcontracts ............................................................................................................. 17 Section 8. Environmental Review (ER) .................................................................................... 18 Section 9. National Flood Insurance Program .......................................................................... 18 Section 10. Lead-Based Paint ................................................................................................... 18 Section 11. Amendment ............................................................................................................ 19 Section 12. Assignment ............................................................................................................ 19 Section 13. Suspension and Termination .................................................................................. 19 Section 14. Terms and Conditions ............................................................................................ 20 PART II - SUPPLEMENTAL GENERAL CONDITIONS ......................................................... 22 Section 1. Program Income ....................................................................................................... 22 Section 2. Uniform Administrative Requirements ................................................................... 22 Section 3. Title VI of the Civil Rights Act of 1964 .................................................................. 22 Section 4. Land Covenants ....................................................................................................... 23 Section 5. Executive Order No. 11063 ..................................................................................... 23 Section 6. Nondiscrimination ................................................................................................... 23 Section 7. Affirmative Action ................................................................................................... 26 Section 8. Business and Employment Opportunities for Lower-Income Residents ................. 27 Section 9. Labor Standards ....................................................................................................... 27 Section 10. Acquisition and Rehabilitation of Real Property and Displacement of Persons and Businesses ................................................................................................................................. 27 Section 11. Conflict of Interest ................................................................................................. 28 Section 12. Reversion of Assets ............................................................................................... 29 Section 13. Lobbying Prohibited .............................................................................................. 29 Section 14. Faith-based Activities ............................................................................................ 29 Section 15. Audits and Inspections ........................................................................................... 30 














4 Section 16. HCD Requirements ................................................................................................ 31 Section 17. Prohibition Against Payment of Bonus or Commissions ...................................... 31 Section 18. Copyrights .............................................................................................................. 31 Section 19. Patents .................................................................................................................... 31 Section 20. Political Activity Prohibited .................................................................................. 31 Section 21. Board of Directors ................................................................................................. 32 Section 22. Notices ................................................................................................................... 32 Section 23. Legal Representation ............................................................................................. 32 Section 24. Joint Representation ............................................................................................... 32 Section 25. Warranty of Authority ........................................................................................... 32 Section 26. No Waiver of Rights .............................................................................................. 32 Section 27. Counterparts ........................................................................................................... 33 Section 28. No Third-Party Rights ........................................................................................... 33 Section 29. Modification ........................................................................................................... 33 Section 30. Severability ............................................................................................................ 33 Section 31. Further Assurances ................................................................................................ 33 Section 32. Entire Agreement ................................................................................................... 33 Section 33. Rights and Obligations ........................................................................................... 33 Section 34. Attorney Fees ......................................................................................................... 33 Section 35. Credit for HCD Funding and City of Salinas ........................................................ 33 Section 36. Compliance with Laws .......................................................................................... 34 Section 37. Close-outs .............................................................................................................. 34 Section 38. Historic Preservation .............................................................................................. 34 EXHIBIT A – Budget ............................................................................................................... 36 EXHIBIT B - SCOPE OF WORK & ADDITIONAL GOALS ............................................... 37 














5 FISCAL YEAR 2023-24
HCD 2022 ESG

SUBRECIPIENT FUNDING AGREEMENT

BETWEEN CITY OF SALINAS
AND

CENTRAL COAST CENTER FOR INDEPENDENT LIVING

FOR THE

CCCIL RAPID REHOUSING AND HOUSING STABILIZATION PROGRAM Agreement Number: 23SESG01
This HCD 2022 ESG Subrecipient Funding Agreement (“Agreement”), made and entered into this 1st day of July 2023, by and between the City of Salinas, a charter city and municipal corporation, (“City”), and, Central Coast Center for Independent Living ( “CCCIL”), a California non- profit corporation, with a Unique Entity Identifier (“UEI”) number PXU7BWE2H7B3 (hereinafter referred to as "Subrecipient").

RECITALS
WHEREAS, the State of California ( “State”), Department of Housing and Community Development (“HCD”) issued a Notice of Funding Availability ( “NOFA”) dated June 13, 2022, under the 2022 California Emergency Solutions Grant (“ESG”) Program; and WHEREAS, City of Salinas is an approved State of California ESG Administrative Entity (“AE”) and has made these funds available to eligible recipients/Sub recipients, including private non-profit organizations; and
WHEREAS, the HCD has approved funding allocations for the 2022 ESG Prog ram, subject to terms and conditions of the NOFA, Program guidelines and requirements, and the Standard Agreement and other contracts between HCD and the City; and WHEREAS, the HCD ESG Standard Agreement is identified as number 22-ESG- 17000 (with a CFDA number 14.231), between HCD and the City was award ed on May 9, 2023, and approved on August 10, 2023, and
WHEREAS, ESG funds are available for emergency shelter operations and essential supportive services for homeless prevention, rapid re-housing, and grant administration; and WHEREAS, ESG funds may be used in non-entitlement and entitlement areas within San Benito and Monterey Counties; and
WHEREAS, the Subrecipient must make matching contributions to suppleme nt the Subrecipient’s ESG program in an amount that equals the Subrecipient’s fiscal year grant for ESG and each matching contribution must meet the requirements under 2 CFR 200.306; and 














6 WHEREAS, Subrecipient has applied to the City for FY 2022-23 HCD ESG p ublic services funding to reimburse for a portion of the cost of providing services to the community; and WHEREAS, the City of Salinas was authorized by the Salinas/Monterey an d San Benito Counties Continuum of Care ( “CoC”) to be the Administrative Entity ( “AE”) for the HCD 2022 ESG Program; and
WHEREAS, the Subrecipient follows the regulations set forth by HCD, Em ergency Solutions Grants Program State Regulations under the California Code of Regulations Title 25, Division 1, Chapter 7, Subchapter 20.

NOW, THEREFORE, in consideration of mutual covenants and agreements contained herein, the parties hereto agree as follows:

PART I - AGREEMENT
Section 1. Definitions (as used in this Agreement)
Except to the extent modified or supplemented by this Agreement , any term defined in Title I of the Housing and Community Development Act of 1974, or the HCD E mergency Solutions Grant Regulations at 24 CFR Part 576, shall have the same meaning when used herein. a. “Subrecipient” shall mean an entity, whether public or private, which has the responsibility for administering a project or activity meeting the criteria sp ecified by HCD in the Emergency Solutions Grant regulations (24 CFR 576.) that is authorized to use ESG funds to carry out certain special activities.
b. “HCD” means the Department of Housing and Community Develo pment, a department within the California Business, Consumer Services and Housing A gency that develops housing policy and administers housing finance, economic develo pment and community development programs.
c. Emergency Solutions Grant, "ESG" means the Emergency Solutions Grant program. d. “Proposal" means the agency’s application submitted to the City of Salinas requesting ESG funding.
e. “Project” means an awarded program.

Section 2. Term
This Agreement shall commence on July 1, 2023, and expires on June 30, 2024, unless suspended or terminated sooner pursuant to the terms of this Agreement. This Agreement may not be extended beyond the term set forth in this section.

Section 3. Scope of Service
This Agreement, including attached budget (Exhibit A) and scope of work and additional goals (Exhibit B), herein made part of this agreement, is to be perfo rmed in accordance with Subrecipient's FY 2023-24 Funding Proposal/Application for funding ("Proposal") dated February 22, 2022, and addendums as applicable, on file at the City of S alinas, Community Development Department - Housing Division, and incorporated herein by this reference. 














7 a. Activities
The Subrecipient will be responsible for administering the ESG grant for CCCIL Rapid Rehousing and Housing Stabilization Program in a manner satisfactory to the City/AE and consistent with ESG Regulations defined in 24 CFR 576.01 and th e California Code of Regulations Title 25, Division 1, Chapter 7, Subchapter 20. Such program will include the following activities eligible under the ESG program:
b. Components and Objectives
The ESG program provides funding for five program components: (1) street outreach; (2) emergency shelter; (3) homeless prevention; (4) rapid re-housing assistance; and (5) HMIS as defined in CFR 576.01 through 576.108. The City of Salinas p rioritizes Projects with housing outcomes.

The objectives of the ESG program are to: (1) engage homeless i ndividuals and families living on the street; (2) improve the number and quality of emergency shelters for homeless individuals and families; (3) help operate these shelters; (4) provide essential services to shelter residents, (5) rapidly re-house homeless individuals an d families, and (6) prevent families/individuals from becoming homeless as defined in 24 CF R Part 576. Each objective area or funded category, such as Emergency Shelter, Street Outreach, and Rapid Re-housing must enact in execution of objectives the Housing Fi rst philosophy and approach.
c. Levels of Accomplishment-Goals and Performance Measures The levels of accomplishment are referenced in Exhibit B-Projec t Timeline and herein made part of this agreement.
d. Staffing
The list of staff and time commit ments to be allocated to each activity are included in Section 5 of the Subrecipient’s FY 2022 application. Staff allo cated to this grant s hall maintain consistent and notified the City immediately if any ch anges to Key Personnel or their general responsibilities occur under this project. Such changes are subject to the prior approval of the City of Salinas Planning Manager. The City must be contacted of any key personnel changes occur during the grant cycle. A Project must maintain adequate staffing throughout the awarded period. The Project cannot exceed a twen ty percent (20%) staff vacancy, or more, for no longer than one (1) quarter in duration throughout the term of the funding. Additionally, staff must be fully trained in Best or P romising Practices, for example, Trauma-Informed approaches, that allow for fitting, ap propriate services to be rendered for the funding category awarded. Agencies are expected to train staff in advance or within thirty (30) to sixty (60) days of start of Services. e. Performance Monitoring
The City will monitor the performance of the Subrecipient against goals and performance standards as stated above on a monthly and annual basis. Subrecipient will upload expense and activity reports as mentioned in Section 4d below which sta ff will review to assure compliance with program regulations. If Subrecipient fails to perform as determined by the City, this will constitute noncompliance with this Agreement. I f action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of 














8 time after being notified by the City, contract suspension or termination procedures will be initiated, and the City may be required to request the Subrecip ient to reimburse funds mismanaged or misspent back to the State.

Section 4. Funding
Purpose:

The Subrecipient hereby agrees to provide to the City the servi ces as described in Exhibit B - Scope of Work & Additional Goals of this agreement.

The funds to be used by the City for the payments to Subrecipie nt hereunder are ESG funds received under a grant from the State of California HCD. a. Maximum Compensation: It is expressly understood that the total compensation to be paid to Subrecipient under this Agreement for services rendered shall not exceed One Hundred and Thirty-Three Thousand Two Hundred and Eighty-Four ($133,284.00). b. Funding Availability: Funding is contingent upon services provided under this Agreement meeting the requirements of the Emergency Solutions Grant Program, as outlined in Title 24, Code of Federal Regulations, Section 576 incorporated herei n by reference and made a part hereof, by providing assistance to homeless individuals and families by undertaking homeless prevention activities. The availability of said funds is subject to the control of the State of California, United States Government, Department of Ho using and Urban Development and should said funds be encumbered, withdrawn, or otherwise made unavailable to City, whether earned by or promised to Subrecipient, Subrecipient shall not be paid said funds until they are available for payment. No other funds owned or controlled by City shall be paid under this Agreement unless specifically permitted by the Council of the City of Salinas.

It is specifically understood and agreed by Subrecipient that t he funds herein authorized for the programs, projects, and services to be undertaken and p erformed pursuant to this Agreement constitute all of the money presently available for t he purpose of this Agreement; that future additional funding of any such programs, projects, or services beyond the term of this Agreement, by any new Agreement or amendment or extension of this Agreement, will depend not only upon the satisfactory performance of this Agreement by Subrecipient, but also upon the availability to City of gran t funds allocated for such purposes; that neither City, nor any employee of City, has made any promise or commitment, expressed or implied, that any additional funds will be paid or made available to Subrecipient for the purpose of this Agreement over and abov e the funds expressly allocated thereto under the terms herein.

Subrecipient is advised that because additional funding may not be available beyond the term of this Agreement for the completion of any unfinished project or the continuation of any ongoing program or service, Subrecipient is expected to str ucture and conduct each project and program in such manner that it may be readily compl eted or terminated with the minimum of waste or loss in the event no further funding thereof is available. c. Use of Funds: The Subrecipient shall administer its program in conformance with 2 CFR 200, “Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards”. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis.















9 d. Method of Payment: City will provide payment for program costs covered by this Agreement on a monthly basis upon successful electronic submiss ion of a “Expense Report” through the City’s online data management system (www.citydataservices.net). by Subrecipient indicating the amount of payment requested and a breakdown of expenditures consistent with Subrecipient's budget included in Exhibit A. Al l costs shall be supported by properly executed redacted invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges while in compliance with the Personally Identifying Information (PII) Po licy. Subrecipients are responsible to redact all backup documentation pertaining to cl ient information and replacing it with client’s HMIS number for all clients receivin g direct assistance per the component requesting reimbursement. All checks, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to th is Agreement shall be clearly identified and readily accessible upon request by City and HCD, or designated agents thereof.
e. Financial Management and Accounting Standards
Subrecipient shall request funds only for authorized budget item(s) and the request shall be approved by City's Planning Manager (Housing Division) or hi s or her designee prior to payment. Payment requests are due on the tenth (10th) day of each month. Should the 10th fall on a weekend or holiday, the Subrecipient is responsible to provide their reports prior to the weekend or holiday. Agencies that miss City submittal deadlines more than two times in one fiscal year shall be disqualified from submitting a funding proposal for the following year per the Public Services Funding Parameters adopted by Salinas City Council on May 21, 2013. Payments shall be reimbursed based upon the prior month's expenditures and appropri ate documentation must be subm itted electronically. “Expense Report” submitted incorrectly, without being redacted, or without the completed “Activity Report” shall be returned to Subrecipient by City. Funding shall only be provided for expenses incurred or services provided during the period co mmencing July 1, 2023, and ending June 30, 2024. Payment requests received by City after July 10, 2024, need not be considered for payment.

If any portion of the approved funding is neither expended nor encumbered by June 30, 2024, the allocation shall be correspondingly reduced, and the funds made available for other eligible State ESG activit ies and any amendment thereto. In order to ensure compliance with the federal and state regulations concerning ti mely expenditure of the City’s FY 2023-24 State ESG Grant the abovementioned project shall be completed within the timeframes specified in the Project timeline (Exhibit B).

The Subrecipient may request an extension for the completion of the proposed scope of work, however, it may not be granted. The Extension Request may only be approved on a case-by-case basis, only upon written request, and after City i s granted approval by the State. Subrecipient shall email extension request to City’s gra nt administration for consideration and if approved, request shall be uploaded on the City Data Services (CDS) website at www.citydataservices.net.

Upon written request by Subrecipient, the Planning Manager may authorize such extension request, provided all HCD, State and City requirements are met. Upon review of the 














10 Request for Extension form, the Planning Manager will provide a determination in writing to Subrecipient within fifteen (15) City of Salinas business working days. f. End of Year Reporting for the Consolidated Annual Performance a nd Evaluation Report
At the end of the State Fiscal Year timeframe, Subrecipients must submit a required ESG- CAPER Annual Reporting in PDF format to the City of Salinas. Subrecipients must submit this information in a timely manner.
g. Budget Modifications: Upon electronic submission of a “Budget Modification Request” by Subrecipient, City's Planning Manager (Housing Division) may authorize a budget revision only if the revision is between the same component. Bu dget Modifications reflecting adjustments between components will not be approved. Any budget revision executed shall not authorize the total compensation to be paid under this Agreement, as so modified, to exceed the amount shown above in Section 4, paragr aph b. Such budget modifications shall be completed on the City Data Services (CDS ) website at www.citydataservices.net. Because the City has required spending thresholds, any budget modification must be approved by the City in order to ensure th e City meets the State’s funding requirements.
h. Unexpended Funds: When a portion of the approved budget amount is not expended o r encumbered, as per the approved budget within the Proposal (Exh ibit A), the maximum compensation shall be automatically reduced by any unexpended portion unless otherwise indicated, in writing, by City's Planning Manager (Housing Divi sion). Subrecipients spending rapid rehousing dollars are required to spend all thei r rapid rehousing funds.

Should an agency be at risk to not complete the rapid rehousing obligation of expenditure, the City reserves the right to reassess the grant and possibly de-obligate funding to another agency in ord er to meet the spending require ments for rapid rehousing.
i. Improperly Expended Funds: If City has reason to believe that any funds disbursed to Subrecipient under this Agreement were not expended in accordan ce with the terms and conditions hereof, City shall notify Subrecipient, in writing, of the facts or conduct which warrant(s) such belief and shall provide Subrecipient reasonabl e opportunity to demonstrate or achieve compliance with the terms of this Agreement. If Subrecipient fails to demonstrate such compliance to the satisfaction of City within the time specified, upon request by City, Subrecipient shall immediately refund to City the amount determined to be improperly expended. Monies refunded must come from non-ESG resources.

The provisions of this paragraph shall be in effect during the terms of this Agreement and for three years thereafter, or until such time as HCD shall have certified after audit, that all funds disbursed to Subrecipient under this Agreement were expen ded in accordance with the terms and conditions hereof. The Subrecipient would be requ ired to re-pay any improperly spent funds to the City of Salinas.

Section 4A. Non-Entitlement State ESG Program Requirements Subrecipient shall comply with the following requirements of the ESG Program (24 CFR 576), as applicable and the City of Salina s Housing and Community Servic e Emergency Solutions Grant Operations Manual.















11 a. Funding of homeless prevention activities for households that h ave received eviction notices or notices of termination of utility services shall meet the following requirements:
(i) the inability of the family to make the required payment must be the result of a sudden reduction in income; (ii) the assistance must be necessary to a void eviction of the family or termination of the services to the family; (iii) there must be a reasonable prospect the family will be able to secure payment within a reasonable perio d of time; and (iv) the assistance must not supplant funding for pre-existing homeless prevention activities from any other source. Proof of determination and efforts to documen t duplication of benefits Checklist is required.
b. Whenever ESG funds are used to perform minor rehabilitation of a structure, said structure must be maintained as a shelter for the homeless for not less t han a three-year period.

Whenever ESG funds are used for either major rehabilitation of a structure, or for conversion of a structure for use as an emergency shelter for t he homeless, said structure shall be maintained as a shelter for not less than a ten-year p eriod from the completion of the work. For the purpose of this Agreement, "Minor Rehabilitat ion/Renovation" means rehabilitation that involves costs totaling seventy-five percent (75%) or less of the value of the building before rehabilitation and "Major Rehabilitation" m eans rehabilitation that involves costs in excess of seventy-five percent (75%) of the v alue of the building before rehabilitation.
c. Any building in which ESG funds are used for essential services, or payment of operating expenses, must be maintained as a shelter for the homeless or a facility for assisting the homeless for the period during which such assistance is provide d. For buildings with multiple tenants, this requirement applies only to the portion occupied by Subrecipient. d. Any building for which ESG funds are used for renovation, conve rsion or major rehabilitation must meet federal, state and local government safety and sanitation standards upon completion of work.
e. Homeless individuals and families must be given assistance in o btaining: (i) appropriate supportive services, including permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living; and (ii) other Federal, State, local and private assist ance available for such individuals.
f. Subrecipient shall develop and implement procedures to ensure t he confidentiality of records pertaining to any individual served pursuant to this Ag reement and/or provided family violence prevention or treatment services and further to ensure that the address or location of any family violence shelter will not be made public , except with written authorization of the person or persons responsible for the operation of such shelter. g. Subrecipient shall involve, to the maximum extent practicable, homeless individuals and families in policy –making and general operations such as renovation, operation and maintenance of facilities and the delivery of services. h. Subrecipient agrees to participate in the local Continuum of Care's Homeless Management Information System (HMIS) including requirements to collect the Universal Data Elements and report an array of data pertaining to homelessness, including unduplicated counts, the use of services, and the effectiveness of the local homeless assistance system. Communities 














12 and homeless assistance providers u se the data stored in HMIS t o improve homeless assistance programs and better serve homeless persons meeting federal requirements of the Emergency Solutions Grant under the McKinney-Vento Homeless Ass istance Act. In addition, sub recipients will agree to use HMIS as a case manag ement tool to upload a Housing Stability Plan, Related Case Management Documentation, and services provided through the use of Service Transactions as required by HCD.

All other requirements of the ESG Program per title 24 CFR Part 576.

Section 4B. Other Program Requirements
Subrecipient shall carry out each activity in compliance with a ll applicable federal laws and regulations as described below:

Monitoring Grant Activities:
a. City shall monitor the activities selected to ensure compliance with all ESG requirements.

Onsite monitoring of Homeless Services shall occur at least one month after grant period. b. The City will monitor the performance of the Subrecipient based on a risk assessment and according to the terms of this Agreement.
c. If it is determined that the Subrecipient or any of its designe es falsified any certifications, application information, financial, or contract report, the Subrecipient shall be required to immediately reimburse the full amount of the ESG award to the City and may be prohibited from any further participation in the ESG program. The City may also impose any other actions permitted under 24 CFR 576.501 (c).
d. As requested by the City, Subrecipients shall submit all ESG do cumentation necessary to ensure that Subrecipient are in continued compliance with all ESG Program Requirements (24 CFR 576 & 24 CFR Part 84, Subpart C, Section 84.51) and to determine if objectives listed in proposal are being meet.
e. Substandard performance as determined by City will constitute n on-compliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within a specified period of time after being notified by City, contract suspension or termination procedures will be initiated.

Evaluation: The City reserves the right to survey Subrecipient’s clients. If the City elects to survey Subrecipient’s clients, the City will deliver questionnaires to the Subrecipient and the Subrecipient will distribute those questionnaires to Subrecipient’s clients. Subrecipient’s clients may then remit completed questionnaires directly to the City. The method of return to the City would be clarified during the evaluation process. To maintain Subrecipient’s protection of client confidentiality, City agrees that client surveys will not contain questions requiring the survey-taker to reveal any personally identifying client data. Following receipt of clients’ completed questionnaires, the City shall forward a summary of the results to the Subrecipient.

Disclosure of Confidential Client Information : City and Subrecipient will protect the confidentiality of all records per taining to any individual ser ved under this Agreement and will protect the disclosure of such documents, except as otherwise r equired under state or federal law or unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. Subrecipient expressly acknowledges that City is subject to 














13 the California Public Records Act and may, therefore, be obliga ted to disclose records pertaining to Subrecipient and its activities and services provided pursuant to this Agreement.

Depending on the nature or timing of the request, or future cou rt decisions, records received by City pursuant to this agreement may not remain private and may be publicly disclosed. Given the nature of the applicable law unde r the California Public Record s Act, City cannot guarantee or warrant that it will be able to keep submitted records confidential. Subrecipient therefore agrees to defend and indemnify City against any suit brought under the Ca lifornia Public Records act to obtain the records; otherwise, City shall not be obligated to d efend such suit and may release the records.

Subrecipients shall comply with the Personally Identifying Info rmation (PII) Policy. and are responsible to redact all documentation pertaining to client in formation and replacing it with client’s HMIS number for all clients receiving direct assistance.

Matching Funds: The matching requirements of 24 CFR 576.201 shall apply to this activity. The City requires the Subrecipient to provide 1:1 match for all ESG expenditures. The eligible forms of matching contributions are defined at 24 CFR 576.201 (d). Pr ogram income may be used as matching contributions, subject to the requirements at 24 CFR 576.201.

Policies and Procedures: Subrecipients are required to produce ESG specific policies and procedures, consistent with the City of Salinas ESG Written Sta ndards. Program policies and procedures must include coordinated entry and the use of HMIS; Coverage Area; Participant Eligibility; Suite of Services Offered; Staffing Pattern; Probl em Solving to include diversions and/or rapid exit; Participants Termination and grievance proce ss. All Policies and Procedures must comply with all applicable federal laws, statues, and regu lations; provide assistance that is tailored to each participants specific needs and housing barrie rs; implement best practices for returning people experiencing sheltered homelessness safe, stab le Permanent housing via person centered practices that are tailored to each household.

VAWA Requirement: Violence Against Women Act (VAWA), reauthorized in 2013, expand ed protections for victims of domestic violence, sexual assault, d ating violence, and stalking in City and ESG funded programs. VAWA protections apply to all survivors regardless of age, sex, gender identity, race, national origin, familial status, disability, a nd sexual orientation, and extend to individuals affiliated with victim, including spouses, parents, siblings, children, and anyone residing in the household. VAWA protects City and ESG program p articipants against denial of assistance and termination of assistance or eviction based on s urvivor status and factors directly related to domestic violence, including job history, credit his tory, criminal history, or rental history. VAWA protections must be documented in the lease or rental agreement and provided to the participants served.

A. VAWA Rule Components: A participant cannot be denied assistance, terminated from a program or evicted based on a status as a victim of domestic vi olence, sexual assault, dating violence, and stalking. An applicant cannot be denied access to housing or evicted based on factors directly related to the victimization, such as job history, cre dit history, criminal record, or rental history.

Notice of Occupancy Rights: A VAWA Notice of Occupancy Right and Victim Self-Certification Form (HUD Form-5380) must be given to a tenant by the Subrecipient when:

1. A program participant applies and is admitted to permanent housing or transitional housing. 














14 2. An individual or family applies and is denied permanent housing or transitional housing.

3. A program participant receives notification of eviction.

4. A program participant is notified of termination of assistance.

5. In a tenant-based rental assistance, notice must also be given by the owner when a tenant receives notice of eviction.

Section 5. Records and Reports
Subrecipient shall provide to City's Planning Manager (Housing Division) or his/her designee, a Monthly or Quarterly Activity R eport, in a form determined by C ity, so that City may meet its record keeping and reporting requirements to HCD. These reports shall be due by the tenth day of each month and will reflect the prior month's activities. Such Activity Reports shall be completed on the City Data Services (CDS) website at www.citydataservices.net. As required by City and by HCD, Subrecipient shall maintain adequate records to support th e reported statistics regarding beneficiary characteristics a nd services provided. Such records shall be made available for inspection by City, HCD or designated agents thereof upon reque st as specified in 24 CFR Part 576.500, and 576.501. Subrecipient shall maintain all records required by the regulations specified in 24 CFR Part 576.500, and that are pertinent to the activitie s funded under this agreement; including but not limited to:
a) records demonstrating that funded activities meet one of the Na tional Objectives of the ESG program;
b) records must include the local CoC #506 third party documentation of homelessness and/or agency similar documentation approved by the City of Salinas; or have approval from City staff if it is not possible to get third party documentation on some clients; c) records required to determine the eligibility of activities; d) records stating the Subrecipient’s policies on procedures to document homelessness; e) records documenting compliance with fair housing and equal oppo rtunity components of the ESG program;
f) financial records as required by 24 CFR 576.500 and 24 CFR PART 84.21-28 (Revised 2 CFR, Part 215) agreeing to adhere to the accounting principles and procedures required therein, to employ adequate internal controls, and to maintain necessary source documentation for all costs incurred;
g) records demonstrating client eligibility for services provided (including-but not limited to- client name, address, income or other basis for determining eli gibility, and description of service provided) and reports of milestones and schedules of programs as requested, per 24 CFR Parts 84 and 85;
h) other records necessary to document compliance with Subpart K of 24 CFR Part 570; i) the Annual Program Narrative Report due July 31, 2024 (incorporating data on prior year's activities); and
j) performance reports will be provided from the Homeless Management Information System (HMIS) on a quarterly basis to City.

Subrecipient shall retain all records specified under this Agreement for a period of five years after the expenditures of all funds from the grant under which the last program participant was served.

Section 6: Indemnity; Insurance
Subrecipient shall indemnify, defend and hold City and its offi cers, employees, agents, and volunteers harmless from and against any and all liability, cla ims, suits, actions, damages, and 














15 causes of action arising out of any personal injury, bodily inj ury, loss of life, or damage to any property, or any violation of any federal, state, or municipal law or ordinance, or other cause in connection with the negligent or intentional acts or omission o f Subrecipient, its employees, subcontractors, or agents, or on account of the performance or character of the work, or any other matter arising out of or related to this Agreement, except for any claim arising out of the active negligence or willful misconduct of City, its officers, employe es, agents or volunteers. It is understood that the duty of Subrecipient to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Cod e, and that Subrecipient shall at its own expense, upon written request of City, defend any such suit or action brought against City, its officers, agents, or employees. Acceptance of insurance certifi cates and endorsements required under this Agreement does not relieve Subrecipient from liabili ty under this indemnification and hold harmless clause. This indemnification and hold harmless cl ause shall apply whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages.

Subrecipient shall reimburse City for all costs and expenses (including, but not limited to, fees and charges of architects, engineers, attorneys, and other professi onals and court costs) incurred by City in enforcing the provisions of this Section.

Subrecipient shall maintain comprehensive general liability and property damage insurance or commercial general liability insurance, covering all operations of the Subrecipient, its agents and employees, performed in connection with the activities conducted under this Agreement, including but not limited to premises and automobiles.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (“CGL”): Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an occurrence basis, including products and com pleted operations, property damage, bodily injury and personal & advertising injury with li mits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the ge neral aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04 ) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits , and Employers’ Liability insurance with a limit of no less than $1, 000,000 per accident for bodily injury or disease.

4. Subrecipients and their Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.















16 If the Subrecipient or their Contractor maintains broader cover age and/or higher limits than the minimums shown above, the Subrecipient or Contractor requires a nd shall be entitled to the broader coverage and/or higher limits maintained by the Contrac tor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Subrecipient or their Contractor shall cause the in surer shall reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials , employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Subrecipient including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hir ed, or borrowed by or on behalf of the Subrecipient or Contractor. General liability coverage c an be provided in the form of an endorsement to the Subrecipient or Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Subrecipient or Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insuran ce or self-insurance maintained by the City, its officers, officials, employees, or volunteers sha ll be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

4. A copy of the claims reporting requirements must be submitte d by Subrecipient or Contractor to the City.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remed iation, the Contractor’s Pollu tion Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct b usiness in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

Waiver of Subrogation















17 Subrecipient or their Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Subrecipient agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Subrecipient, its employees, agents and subcontractors.

Subrecipient shall provide evidence of compliance with the insu rance requirements listed above by providing a certificate of insurance, in a form satisfactory to City's Senior Human Resources Analyst, by certified mail to the City of Salinas Administration Department, 200 Lincoln Avenue, Salinas, CA 93901 and by Subrecipient uploading the Certificate of Insurance into the City Data Service website at www.citydataservices.net on behalf of the City of Salinas, concurrently with the submittal of this Agreement. A statement on the insurance c ertificate which states that the insurance company "will endeavor" to notify the certificate holder, "but failure to mail such notice shall impose no obligation or liability to any kind upon the company, its agents or representatives" does not satisfy the requirement of subsection (e) herein. Subr ecipient shall ensure that the authorized representative of the insurance company strikes the above quoted language from the certificate. The insurance certificate shall also state the unpaid limits of the policy.

Subrecipient shall provide a substitute certificate of insuranc e no later than ten (10) days prior to the policy expiration date. Failure by Subrecipient to provide such substitution and extend the policy expiration date shall be considered a default. In the event Subrecipient is unable to provide a substitute certificate of insurance within the time prescribed in this subsection, Subrecipient shall provide written confirmation of renewal, in a form satisfactory to the City, to act as proof of insurance only until such time as a certificate of insurance has been received by the City.

Maintenance of insurance by Subrecipient as specified in this A greement shall in no way be interpreted as relieving Subrecipient of any responsibility wha tever, and Subrecipient may carry, at its own expense, such additional insurance as Subrecipient deems necessary.

In lieu of providing proof of insurance as required by Section 9(A) through (G) herein above, Subrecipient may provide a letter of insurance to City which re presents and warrants to City that Subrecipient is lawfully self-insured with respect to the liabi lities which it may incur in the performance of th is Agreement and that, to the best of Subrecipient’s knowledge, Subrecipient will be in a financial position to meet such potential liabilities when they occur.

Section 7. Subcontracts
Subrecipient may contract with one or more third parties (subcontractors) to carry out a portion of the services and program described in the Proposal, insofar as Subrecipient deems such to be proper and efficient.

Prior to Subrecipient entering into any agreement for any perso n or organization to render said services, the Subrecipient shall obtain written approval from C ity's Planning Manager (Housing Division). Such subcontracts, together with all other activitie s by or on behalf of Subrecipient, shall not require payment in excess of City's portion of the total project budget as stated in Part I, Exhibit A of this Agreement. The subcontractor shall be subject to the same terms and conditions that Subrecipient is subject to under this Agreement and Subrecipient shall ensure the terms of this Agreement are expressly set forth in any agreements in it may have with any such subcontractors.

City shall in no event be liable to any subcontractor or any other creditor of Subrecipient and shall be liable to Subrecipient only in accordance with the terms and conditions of this Agreement. 














18 Section 8. Environmental Review (ER)
The environmental effects of the activity or project carried ou t must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321) and the related authorities listed in HCD’s implementing regulations at 24 CFR parts 50 and 58.

No funds may be committed to the activity or project before the completion of the Environmental Review (ER) and approval of the request of release of funds and related certification, except as authorized by 24 CFR Part 58. Subrecipient shall not commit fun ding to any property until City staff has approved the ER and has received clearance from the State Historic Preservation Office (SHPO) to commence work (only for properties over 50 years old). a. Air and Water: The Subrecipient agrees to comply with the following requireme nts insofar as they apply to the performance of this Agreement:
x Clean Air Act, 42 U.S.C., 7401, et seq.;
x Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder;
x Environmental Protection Agency (EPA) regulations pursuant to 4 0 CFR Part 50, as amended.

Section 9. National Flood Insurance Program
This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (Public Law 93-234, 42 U.S.C. 4001). The Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or const ruction purposes (including rehabilitation) in accordance with the requirements of Section 102(a) of said Act.

Section 10. Lead-Based Paint
Any grants or loans made by Subrecipient for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under 24 CFR Part 35 Su bpart B and 24 CFR 570.608.

Subrecipient will comply with the requirements of 24 CFR 92.355 for notification, inspection, testing and abatement procedures concerning lead-based paint. Subrecipient must provide the lead hazard information pamphlet to any resident who will be residing in a unit built before 1978. The tenant must receive the pamphlet before moving into the unit. I f Subrecipient can document the tenant received the pamphlet previously, Subrecipient is not required to provide it again.

Such regulations pertain to all ESG-assisted housing and requir e that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead- based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint tes ting, risk assessment, treatment and/or abatement may be conducted.















19 For units older than 1978 which will house one or more children under the age of 6, landlord and tenant must complete a Lead-Based Paint Disclosure form. The form describes any known current or previous lead-based paint hazards, and documents tenant’s receipt of records and the lead hazard information pamphlet. Additionally, a visual lead-based paint assessment must be completed by a person trained in this inspection process. The inspection may b e completed in conjunction with the habitability inspection if the inspector is qualified. At I ntake, it should be noted on the Application Form if there will be any child in the household younger than 6 years. This information should be provided to the habitability inspector prior to their examination of the proposed rental unit.

Essential service activities, such as, counseling, case managem ent, street outreach, referrals to employment, etc., are exempt and excluded from the lead-based p aint inspection requirements.

Subrecipients much keep record in each client file when “Protect Your Family form Lead in Your Home” pamphlet is issued.

Section 11. Amendment
Where it is determined by the Planning Manager (Housing Divisio n) that there is a need to make any change in the project, fiscal procedures, or the terms and conditions of this Agreement (including any changes necessary to comply with changes in Fede ral, State or local laws or regulations), such change shall be incorporated by written amen dment to this Agreement and approved by the Salinas City Council and by Subrecipient, provided that adjustments in line items within the total approved budget, and minor changes in the nature and scope of services specified in the Agreement, may be approved by the Planning Manager (Hous ing Division) - any such changes shall be documented in writing.

Section 12. Assignment
There shall be no assignment of rights or obligations under thi s Agreement without written approval of the Planning Manager (Housing Division). This Agree ment restricts the right of the Subrecipient to assign rights and responsibilities and restricts the right to modify this Agreement.

Written notification requesting reassignment of modifications to effectuate the assignment and the modification of the rights and responsibilities under the Agreement must be requested along with a current copy of the IRS letter regarding tax status on any po ssible merges. Any changes of this agreement must be signed by the Board of Directors of the Subre cipient, if a corporation, or the management if not a corporation, and by the City of Salinas.

Section 13. Suspension and Termination
If Subrecipient materially fails to comply with any term of thi s Agreement, City may suspend or terminate the Agreement in whole or in part. City may terminate the Agreement for convenience with the mutual written agreemen t of Subrecipient. Subrecipient may terminate the Agreement upon no less than thirty (30) days of receipt of written notice , setting forth the reasons for such termination and the effective date of such termination.

In such event, all finished or unfinished documents, data, stud ies, surveys, drawings, maps, models, photographs and reports of Subrecipient, become the pro perty of City and Subrecipient shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, to the date of termination.

In no event shall any payment by City hereunder constitute a waiver by City of any breach of this Agreement or any default, which may then exist on the part of Subrecipient, nor shall such payment 














20 impair or prejudice any remedy available to City with respect t o the breach or default. City expressly reserves the right to demand of Subrecipient the repa yment to the City of any funds disbursed to Subrecipient under this Agreement, which were not expended in accordance with the terms of this Agreement, and Subrecipient agrees to promptly refund any such funds upon demand.

Notwithstanding the above, Subrecipient shall not be relieved o f liability to City for damages sustained by City or others by virtue of any breach of the Agre ement by Subrecipient, and City may withhold any payments to the Subrecipient for the purpose o f set off until such time as the exact amount of damages due City from Subrecipient is determined.

Section 14. Terms and Conditions
This Agreement is subject to and incorporates the provisions attached hereto, and by this reference made a part hereof, which provisions constitute Part II, "Suppl emental General Conditions," attached to this Agreement; and/or any written amendment(s) to this Agreement mutually agreed upon by the parties hereto. To the extent that any of the term and conditions of Part I of this Agreement are inconsistent or otherwise in conflict with any of the terms of Part II of this Agreement, the terms and conditions of Part II shall take precedence and apply.

This Agreement and all performance hereunder are subject to the Federal and State regulations pertaining to the ESG Program, and Subrecipient agrees to comply with all such regulations, which are incorporated herein by reference and made a part hereof, and which are available for inspection at the Housing Division.















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22 PART II - SUPPLEMENTAL GENERAL CONDITIONS
The following conditions take precedence over any conflicting conditions in the Agreement:

Section 1. Program Income
Any income generated by Subrecipient from the use of ESG funds must be immediately reported as earned and returned to City.

Section 2. Uniform Administrative Requirements
a. Establishment and Maintenance of Records: Subrecipient shall comply with the requirements and standards of Federal Office of Management and Budget 2 CFR 200, “Uniform Administrative Requirements, Cost Principals, and Audi t Requirements for Federal Awards”, and 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations." 24 CFR Part 84, Subpart C, Sections 84.40 throu gh 84.48 set forth standards for use by recipients in establishing procedures for the procurement of supplies and other expendable property, e quipment, real property and oth er services with Federal funds. These standards are furnished to ensure that such materials and services are obtained in an effective manner and in compliance with the provisions of applicable Federal statutes and Executive Orders. No additional procurement standards or re quirements shall be imposed upon recipients, unless specifically required by Federal statute or Executive Order or approved by Office of Management and Budget.

Records shall be maintained in accordance with any other requirements prescribed by HCD or City with respect to all matters covered by this Agreement. Except a s otherwise authorized by HCD, such records shall be maintained for a period of five years after receipt of the final payment under this Agreement per 570.502 (a)(16).
b. Documentation of Costs: All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official do cumentation evidencing in proper detail the nature and propriety of the charges. All chec ks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pert aining in whole or in part to this Agreement shall be clearly identified and readily accessible to City upon reasonable request.
c. OMB Standards: Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property or services in accordance with the requirements of 2 CFR 200.

Section 3. Title VI of the Civil Rights Act of 1964
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 discriminatio n under the performance of this Agreement.

Compliance: The Subrecipient agrees to comply with Title VI of the Civil R ights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Develop ment Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Ame ricans with Disabilities 














23 Act of 1990, the Age Discrimination Act of 1975, Executive Orde r 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086.

Subrecipient shall take reasonable steps to ensure meaningful a ccess to their programs and activities by Limited English Proficient (LEP) persons while no t imposing undue burdens on Subrecipient. Persons who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English can be "li mited English proficient," or "LEP." Subrecipient shall assess its extent of its obligation to provi de specialized LEP services using the following four factors:
a. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or Subrecipient;
b. The frequency with which LEP persons come in contact with the program; c. The nature and importance of the program, activity, or service provided by the program to people's lives; and
d. The resources available to Subrecipient and costs of modifying existing procedures.

After performing the four-factor analysis, Subrecipient is encouraged to document the analysis and outcome and to develop a Language Access Plan (LAP). The LAP id entifies Subrecipient's immediate and longer-term plans for providing language services, which might include identifying LEP individuals who need language assistance, measures by which Subrecipient's staff will provide language services, how Subrecipient will train its staf f to implement the LAP, providing public notice of the language services Subrecipient provides, and self-assessment and monitoring by Subrecipient of its LAP.

Section 4. Land Covenants
This contract is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 99- 352) and 24 CFR 570.601 and 570.602. In regard to the sale, lea se or other transfer of land acquired, cleared or improved with assistance provided under this contract, the Subrecipient shall cause or require a covenant running with the land to be inserte d in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use of occupancy of such land, or in any improvements erected or to be erected t hereon, providing that the Subrecipient and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the pr ogram assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate.

Section 5. Executive Order No. 11063
Subrecipient shall not discriminate because of race, color, rel igion, sex, or national origin in the sale, lease, rental, or other disposition of residential property and related facilities, or in the use or occupancy thereof, if property is provided for in whole or in p art by a grant of CDBG or ESG funds.

Section 6. Nondiscrimination
No person in the United States shall, on the grounds of race, color, sex, national origin, or religion be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. Additionally, 














24 discrimination on the basis of age, under the Age Discriminatio n Act of 1975 [42 U.S.C. 6101 et seq.] or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794] and the Americans with Disabilities Act of 1990, shall be prohibited under the performance of this Agreement. Su brecipient shall comply with regulations found at Title 24, Code of Federal Regulations, Par t 8, that complement Section 504 of the Rehabilitation Act of 1973.

The Subrecipient agrees to comply with the non-discrimination i n employment and contracting opportunities, laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.
a. Fair Housing Act [42 U.S.C. 3601 et seq.]. No person shall, on the grounds of race or color, religion, sex, national origin, familial status, or disa bility be excluded from participation in, be denied the benefits of, or be subject to d iscrimination under any program or activity made possible by or resulting from this Agreement. b. Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.]. No person shall, on the basis of age, be excluded from participation in, be denied the benefi ts of, or be subject to discrimination under any program or activity made possible by o r resulting from this Agreement.
c. Section 504 of the Rehabilitation Act of 1973, as amended [29 U .S.C. 794]. N o otherwise qualified individual with a disability shall, solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity under this Agreement. (i) A Subrecipient that employs less than fifteen (15) persons shall:
(a). Take appropriate steps to ensure effective communication w ith applicants, determine auxiliary aids necessary, adopt and implement procedures to ensure that interested person can obtain information concerning the existen ce and location of accessible services, activities, and facilities. [24 CFR 8.6] (b). Evaluate its current policies and practices to determine whether, in whole or in part, they do not or may not meet the requirements of Section 5 04 and the implementing federal regulations; modify any policies and pract ices that do not meet the requirements; take appropriate corrective steps to rem edy the discrimination revealed by the self-evaluation; maintain on fil e for at least three years following completion of the evaluation, make available for public inspection and provide to the responsible civil rights official a list of the interested persons consulted, a description of areas examined and any problems ide ntified, and a description of any modifications made and of any remedial steps taken. [24 CFR

8.51]
(ii) A Subrecipient that employees fifteen (15) persons or more shall implement (i)(a) and (i)(b) above and in addition:
(a). Designate at least one person to coordinate its efforts to comply with the obligations imposed by Section 504 and the implementing federal regulations. [24 CFR 8.53(a)]















25 (b). Adopt grievance procedures that incorporate due process standards that provide for the prompt and equitable resolution of complaints alleging any action prohibited by the obligations imposed by Section 504 and the implementing federal regulations. [24 CFR 8.53(b)]
(c). Take appropriate initial and continuing steps to notify pa rticipants, beneficiaries, applicants and employees that the Subrecipient does not discriminate in admission or access to, or treatment or employment in, its f ederally assisted programs and activities. [24 CFR 8.54]
d. Subtitle A of Title II of the Americans with Disabilities Act of 1990 [42 U.S.C. 12131].

No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity under this Agreement. (i) A public entity that employs less than fifty (50) persons shall:
(a). Evaluate its current services, policies, and practices, and the effects thereof, and to the extent that such do not or may not meet the requirements of Subtitle A and the implementing federal regulations, shall proceed to make the necessary modifications. [28 CFR 35.105]
(b). Make available to applicants , participants, beneficiaries, and other interested persons information regarding the provisions of Part 35 and its applicability to the services, programs or activities of the public entity, and make such information available to them in such a manner as the head of the entity fi nds necessary to apprise such persons of the protections against discrimination assured them by the Americans With Disabilities Act and Part 35. [28 CFR 35.106] (c). TDD's (telecommunication devices for the deaf) or equally effective telecommunication systems shall be used to communicate by telep hone with individuals with impaired hearing or speech. [28 CFR 35.161] (ii) A public entity that employees fifty (50) persons or more shall implement (i)(a), (i)(b) and (i)(c) above and in addition:
(a). Designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities including any investigation of a ny complaint alleging noncompliance or any actions prohibited by ADA, make informatio n about designated person available to all interested individuals, adop t and publish grievance procedures providing prompt and equitable resolution of complaints alleging any prohibited action. [28 CFR 35.107]
(b). Take appropriate steps to ensure communication with applic ants, participants, and members of the public with disabilities are as effective as communications with others, furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, enjoy the benefits of, a service, program or activity, determine what type of auxiliary aid and service is necessary, give primary consideration to the requests of ind ividuals with disabilities. [28 CFR 35.160]
















26 Section 7. Affirmative Action
The Subrecipient agrees that it shall be committed to carry out pursuant to the Subrecipient’s specifications an Affirmative Action Program in keeping with th e principles as provided in President’s Executive Order 11246 of September 24, 1966. The Ci ty shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulat ion of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.
a. Executive order 11625, 12432, and 12138 Women-and Minority-Owned Businesses (W/MBE): Subrecipient agrees to take reasonable steps to ensure that sm all businesses owned by women or by racial or ethnic minorities have the oppor tunity to compete for contracts resulting from this Agreement. The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s bu siness en terprises the maximum practicable opportunity to participate in the performan ce of this contract. As used in this contract, the terms “small business” means a busin ess that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty -one (51) percent owned and controlled by minority group members or women . For the purpose of this definition, “minority group members” are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and Am erican Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. b. Executive Order 11246 Equal Employment Opportunity and Affirmat ive Action (EEO/AA statement : The Subrecipient will, in all s olicitations or advertisements for employees placed by or on behalf of the City, state that it is an Equal Opportunity or Affirmative Action employer. Subrecipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, handicap, disability, sexual orientation, ancestry, national origin or any other basis prohi bited by applicable law. The Subrecipient shall take affirmative action to ensure that appli cants that are employed and employees are treated during employment without regard to their race, color, religion, sex, age, handicap, disability, sexual orientation, ancestry, or national origin. Such action shall include, but not be limited to the following: 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. The Subrecipient agrees to post in conspicuous places, available to employees and appli cants for employment, notices setting forth the provisions of the nondiscrimination clause.

The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will r eceive consideration for employment without regards to race, color, religion, sex, age, handicap, disability, sexual orientation, ancestry, national origin or any other basis prohibited by law.

Affirmative Outreach
The Subrecipient will make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the Subrecipient intends to use to make known the availability of the facilities, assistance, and services will be available to reach persons of any particular race, color, religion, sex, age , national origin, familial status or 














27 disability who may qualify for those facilities and services, t he recipient or subrecipient must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services. The S ubrecipient must take appropriat e steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information conc erning the location of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166, Subrecipients are required to take reaso nable steps to ensure meaningful access to programs and activities for limited English proficiency (LEP) persons.

Section 8. Business and Employment Opportunities for Lower-Income Residents Subrecipient will conform with the rules and regulations set forth under Section 3 of the Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the HCD regulations issued pursuant thereto at 24 CFR Part 135. Subrecipient is enc ouraged to the greatest extent feasible, to provide opportunities for training and employment be given to lower-income residents of the City of Salinas, 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 City of Salinas.

Section 9. Labor Standards
Except with respect to the rehabilitation of residential property designed for residential use for less than eight units, Subrecipient and all contractors engaged unde r contracts in excess of $2,000 for construction work financed in whole or in part with assistance provided under this Agreement, shall comply with HCD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Part s 3, 5, and 5a, governing the payment of wages and the ratio of apprentices and trainees to journeymen; 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 Subrecipient of its obligation , if any, to require payment of the higher rates. Subrecipient shall cause or require to be inserte d 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 5a.3.b.

The provisions of the Davis-Bacon Act, (40 U.S.C. 276a to 276a- 5) do not apply to the ESG program.

Section 10. Acquisition and Rehabilitation of Real Property and Displacement of Persons and Businesses
If Subrecipient causes the involuntary temporary or permanent d isplacement of any person or business in connection with development of the Project, Subreci pient shall reimburse City for City's out-of-pocket costs and expenses, if any, related to com pliance with 24 CFR 576.408, Policies for Displacement, Relocation, Acquisition, and Replace ment of Housing, the Uniform Relocation Assistance and Real Property Acquisition Policies Ac t of 1970, as amended ("1970 Relocation Act"), and, if triggered by 24 CFR 92.353(e), Sectio n 104(d) of the Housing and Community Development Act of 1974, including the costs of all n otices, advisory assistance, relocation benefits, and replacement dwelling units as required by the 1970 Act, as amended, and the implementing regulations at 49 CFR Part 24. If triggered by 24 CFR 92.353(e), Subrecipient shall also reimburse City for City's out-of-pocket costs and expense to comply with Section 104(d) of the Housing and Community Development Act of 1974, and the i mplementing regulations at 














28 24 CFR 576.408. Subrecipient hereby agrees to indemnify City fr om and against, any and all claims and liabilities for relocation benefits required by the 1970 Act or other federal statutes and regulations in connection with activities undertaken pursuant to this Agreement.

Section 11. Conflict of Interest
a. 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 share or part of this Agreement or to any benefit to arise from the same.
b. Interest of Members, Officers, or Employees of City, Members of Local Governing Body, or Other Officials: No member, officer, or employee of City, 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 exercises 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 progra m assisted under the Agreement. Subrecipient shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose of this subparagraph.
c. Interest of Members, Officers, or Employees of Subrecipient and Sub Subrecipients:

No employees, officer or agent of Subrecipient or any sub Subrecipient shall participate in the selection, award or administration of a contract in which Federal funds are used, where, to his knowledge, he or his immediate family, partners, or organization in which he or his immediate family or partner has a financial interest or with whom he is negotiating or has any arrangement concerning prospective employment. The recipients' officers, employees or agents shall neither solicit nor accept gratuities, favors o r anything of monetary value from contractors or potential contractors. Any interest on the part of Subrecipient or his employees must be immediately disclosed to HCD and to City.

The Subrecipient agrees to abide by the provisions of 24 Section 576.404, ESG Conflict of Interest Provisions, specific to the ESG program; 404(a) organizational, 404(b) individuals and 404(c) contractors, which include (but are not limited to) the following:

1. The Subrecipient shall maintain a written code of standard conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.

2. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

3. No covered person who exercises or has exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position t o participate in a decision- making process or gain inside information with regard to such a ctivities, may obtain a financial interest in any contra ct, subcontract, or agreement w ith respect to the CDBG- assisted activity, or with respect to the proceeds from the CDB G-assisted activity, either for themselves or those with whom they have business or immedia te family ties, during their tenure or for a period of one (1) year thereafter. For pu rposes of this paragraph, a 














29 “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the City, the Subrecipient, or any designated public agency.

Section 12. Reversion of Assets
Upon expiration of this Agreement, Subrecipient shall transfer to the City's ESG fund any unexpended funds and any accounts receivable attributable to th e use of ESG funds. Rapid Rehousing funds must be spent within the grant period by the Subrecipient. Residual assets derived from Subrecipient's use of ESG funds, such as fixtures and equi pment, shall vest with the City upon the end of this Agreement. The City reserves the right to monitor and verify the continued proper management of Subrecipient's assets derived from ESG funding, if any.

The City is responsible for meeting a 60% expenditure on rapid rehousing dollars and agencies in charge of rapid rehousing dollars must keep track o f their spending and ensure their agency meets the rapid rehousing expenditure as proposed in their application.

Section 13. Lobbying Prohibited
No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an off icer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an e mployee of a Member of Congress in connection with this Agreement.

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 o f any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, Subrecipient shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

Subrecipient shall require that this Section be included in the award documents for all sub-awards at all tiers in connection with this Agreement and that all Sub recipients shall certify and disclose accordingly.

Section 14. Faith-based Activities
a. Faith-Based Activities Organizations: 24 CFR Part 5 Section 109(e) states Faith-based activities organizations that are directly funded under the ESG program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the ESG-funded programs or services. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the HCD-funded programs or services.
b. Religious Organizations: 24 CFR Part 5 Section 109(d)(2) states a religious organization that receives ESG funds will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, i ncluding the definition, practice, and expression of its beliefs, provided that it does not use direct ESG funds to support any inherently religious activities, such as worship, r eligious instruction, or proselytization. Among other things, Faith-based organizations may use space in their facilities to provide ESG -funded services without removing religious art, icon, scriptures, or other religious symbols. A ESG -funded religious organization retains its authority over its internal governance, and it may retain religious terms in i ts organization's name, select 














30 its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents.
c. Religious Discrimination: 24 CFR Part 5 Section 109(g) states an organization receives ESG funds shall not, in providing that ESG assistance, discrimi nate against a program participant or prospective program beneficiary on the basis of religion or religious belief. d. Subrecipients. Any sub-recipient of ESG funds provided under this Agreement shall abide by the terms under faith-based activities as described in 24 CFR 576.406 with religious activities.
e. Structures Used for Religious Activities 24 CFR Part 5 Section 109(j) states that ESG funds may not be used for the rehabilitation of structures to the extent that those structures are used for inherently religious activities. ESG funds may be used for the rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under the ESG program. Where a structure is used for both eligible and inherently religious activities, ESG funds may not exceed the cost of those portions of the rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ESG funds. Sanctuaries, chapels, or other rooms that an ESG-funded religious congregation uses as its principal place of worship, however, a re ineligible for funded improvements under the program. Disposition of real property af ter the term of the grant, or any change in use of the property during the term of the grant, is subject to government- wide regulations governing real property disposition (see 24 CFR Parts 84 and 85). f. Commingling Funds: 24 CFR Part 576, Section 406(f) states that if the recipient o r a subrecipient that is a local government voluntarily contributes its own funds to supplement federally funded activities, the recipient or subrecipient has the option to segregate the Federal funds or commingle them. However, if the funds are commingled, Section 24 CFR 576.406 applies to all of the commingled funds.

Section 15. Audits and Inspections
Subrecipient will, at any time during normal business hours and as often as City, HCD, citizens or the Comptroller General of the United States may deem necessary, make available to City, to HCD, to citizens in accordance with the state, federal, and local la w, and to representatives of the Comptroller General for examination of all of Subrecipient's re cords with respect to all matters covered by this Agreement, excepting in all circumstances any and all records or materials subject to protection pursuant to California Evidence Code §950 et seq. Subrecipient shall permit City, HCD, citizens notwithstanding 24 CFR 85.42 (f), and provide cit izens with reasonable access to records regarding the past use of ESG funds, consistent with ap plicable State and local laws regarding privacy, including the attorney-client privilege set forth in California Evidence Code §950 et seq. of confidentiality) and representatives of the Com ptroller General to audit, examine and make excerpts, copies or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement in accordance with local, state, and federal laws, but at all times no information otherwise protected from disclosure pursuant to California Evidence Code §950 et seq.

Subrecipients receiving less than $750,000 a year in Federal Grants are exempt from Federal audit requirements, but Subrecipients' records, as may be covered by the attorney client privilege, must 














31 be available for review upon request by City, HCD, or representatives of the Comptroller General for examination. Subrecipients receiving $750,000 or more in Fe deral grants within a fiscal year shall have an audit made in accordance with 2 CFR 200, “Uniform Administrative Requirements, Cost Principals, and Audit Requirements for Federal Awards”.

Subrecipient further represents to City that Subrecipient, as a non-profit 501(c)(3) organization, provides services to clients in a confidential manner, and therefore neither Subrecipient, nor any of its employees, legal or administrative, are mandatory reporters as described in Welfare & Institutions Code Section 15630 and/or are exempted from reporting pursuant to Welfare and Institutions Code Section 15632(b) and shall maintain at all times the confidentiality of Subrecipient’s clients.

Section 16. HCD Requirements
Unearned or other payments under this Agreement may be suspende d or terminated upon refusal to accept any additional conditions that may be imposed by HCD or City at any time, or if the grant to City under Title I of the Housing and Community Development Act of 1974, as amended from time to time, is suspended or terminated.

Section 17. Prohibition Against Payment of Bonus or Commissions 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 app lication for such assistance, or any other approval or concurrence of HCD required under this Agreement, Title I of the Housing and Community Development Act of 1974, as amended, or HCD regulations with respect thereto; provided, however, that reasonable fees for bona fide technical , consultant, managerial or other such services, other than actual solicitation, are not hereby p rohibited if otherwise eligible as program costs.

Section 18. Copyrights
If this Agreement or its performance results in a book or other copyrightable material, the author is free to copyright the work, but the U. S. Department of Hous ing and Urban Development and City each reserve a royalty free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, (and to authorize others to use) all copyrighted material and all material which can be copyrighted.

Section 19. Patents
Any discovery or invention arising out of or developed during t he course of work aided by this Agreement shall be promptly and fully reported to City for the sole determination by the U. S.

Department of Housing and Urban Development and City as to whether patent protection on such invention or discovery shall be sought and how the rights in th e invention or discovery including rights under any patent issued thereon, shall be disposed of an d administered, in order to protect the public interest.

Section 20. Political Activity Prohibited
None of the funds, materials, property, or services provided di rectly or indirectly under this Agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office. Subrecipient shall comply with provisions of the Hatch Act, which limits political activities of employees.















32 Section 21. Board of Directors
Subrecipient shall provide City with information regarding any changes in the Board of Directors or the management of Subrecipient no later than ten (10) days from the official change.

Section 22. Notices
Any notices under this Agreement shall be sent to the parties b y personal delivery, by facsimile, or by certified mail, return receipt requested, postage prepared in the United States Postal Service at the addresses set forth below. Notice shall be deemed effective upon delivery or transmission if delivered or sent by facsimile and on the third (3rd) day after mailing. The parties designate the following names, titles, addresses, and telephone numbers:

City:

Planning Manager
City of Salinas
Community Development Department-Housing Division
65 W. Alisal Street, 2
nd Floor
Salinas, California 93901
Telephone: 831-758-7334
Subrecipient:

Executive Director
Central Coast Center for Independent Living (CCCIL)
318 Cayuga St. Suite 208
Salinas, CA 93901
Telephone: (831) 757-2968
Section 23. Legal Representation
Each party affirms that it has been represented by legal counsel of its own choosing regarding the preparation and the negotiation of this Agreement and the matters and claims set forth herein, and that each of them has read this Agreement and is fully aware of its contents and its legal effect.

Neither party is relying on any statement of the other party ou tside the terms set forth in this Agreement as an inducement to enter into this Agreement.

Section 24. Joint Representation
The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any party. No presumptions or rules of interpretation based upon the identity of the party preparing or drafting the Agreement, or any part thereof, shall be applicable or invoked.

Section 25. Warranty of Authority
Each party represents and warrants that it has the right, power , and authority to enter into this Agreement. Each party further represents and warrants that it h as given any and all notices, and obtained any and all consents, powers, and authorities, necessa ry to permit it, and the persons entering into this Agreement for it, to enter into this Agreement.

Section 26. No Waiver of Rights
Waiver of a breach or default under this Agreement shall not co nstitute a continuing waiver or a waiver of a subsequent breach of the same or any other provisio n of this Agreement. The failure 














33 to provide notice of any breach of this Agreement or failure to comply with any terms of this Agreement shall not constitute a waiver there of. Failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or of any other promise. A wavier by City of any one or more of the conditions of performance within this Agreement shall not be construed as a waiver(s) of any other condition of performance under this Agreement.

Section 27. Counterparts
This Agreement may be executed in one or more counterparts, eac h of which shall be deemed an original, but all of which together shall constitute a single agreement.

Section 28. No Third-Party Rights
The parties do not intend for any third party to obtain a right by virtue of this Agreement.

Section 29. Modification
No amendments to or changes to this Agreement may be made, exce pt by a writing expressly authorized and signed by City and Subrecipient.

Section 30. Severability
It is the intent of the parties that in the event that any prov ision herein is held to be invalid, the remaining provisions shall continue in full force and effect un less enforcement of the Agreement so modified would frustrate the purpose of this Agreement.

Section 31. Further Assurances
Each party agrees to do such further acts and things and do and execute and deliver such additional agreements and instruments as the other may reasonably require to consummate, evidence or confirm the agreements contained herein in a manner contemplated hereby.

Section 32. Entire Agreement
This Agreement constitutes the entire agreement between City an d Subrecipient and is the final expression of City and Subrecipient with respect to the include d terms and conditions, and as a complete and exclusive statement of the terms and conditions of the agreement. City and Subrecipient acknowledge that any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by City and Subrecipient.

Section 33. Rights and Obligations
By entering into this Agreement, the parties do not intend to c reate any obligations express or implied other than those set out herein; further, this Agreemen t shall not create any rights in any party not a signatory hereto.

Section 34. Attorney Fees
In case suit shall be brought to interpret or enforce this Agreement, or because of the breach of any other covenant or provision herein contained, the prevailing pa rty in such action shall be entitled to recover their reasonable attorney fees in addition to such costs as may be allowed by the court.

If awarded, City's attorneys' fees shall be calculated at the market rate.

Section 35. Credit for HCD Funding and City of Salinas















34 The Subrecipient shall include the HCD logo and the City of Sal inas logo, where feasible, on website and written materials about the HCD-funded program and include a statement such as “This program funded, in part, by the U.S. Department of Housing and Urban Development in cooperation with the City of Salinas.”
Section 36. Compliance with Laws
Subrecipient’s performance under this Agreement shall be in accordance and full compliance with all applicable federal, state and local laws and any rules or regulations promulgated thereunder.

Section 37. Close-outs
The Subrecipient’s obligation to the City shall not end until a ll close -out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts re ceivable to the City), and determining the custodianship of records. Notwithstanding the f oregoing, the terms of this Agreement shall remain in effect during any period that the Cit y has control over CDBG funds, including program income.

Section 38. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservatio n requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S. C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement.

In general, this requires concurrence from the State Historic P reservation Officer for all rehabilitation and demolition of historic properties that are f ifty years old or older or that are included on a Federal, state, or local historic property list.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK















35 IN WITNESS WHEREOF , as authorized representatives of the CITY OF SALINAS and CENTRAL COAST CENTER FOR INDEPENDENT LIVING, a non-profit corporation, have executed this Agreement.

City of Salinas Subrecipient:

By: By:

Jim Pia, Acting City Manager Judy Cabrera, Executive Director APPROVED AS TO FORM:

BY:

Christopher A. Callihan, City Attorney/
Rhonda Combs, Assistant City Attorney
















36 EXHIBIT A – Budget
FY 2023-2024 BUDGET:

Approved Funding Amount: $133,284
Funding by Category: $114,768 18,516 $133,284
Budget Category Rapid
Rehousing
Street
Outreach
Emergency
Shelter
Homeless
Prevention HMIS Total
Personnel
Case Manager HRSSFA-
Staff $9,300 Ess-
Staff $6,200 $15,500

Program Services
Hotel & Motel rooms for Clients Ess-Non-
staff $12,316 $12,316
Transportation
Educational Services
Engagement
Employment Assistance and Job Training
Child Care Costs
Legal Services & Meditation
Mental Health Services
Financial Assistance (Funds which are paid to housing landlords, utility companies, or other third parties) --- Excluded from Basis of MTDC for 10 Percent De Minimis Rate (2 CFR 200.68) Moving Costs
Rent application fees HRSSFA-Non-
staff $630 $630
Security deposit HRSSFA-Non-
staff $28,800 $28,800
Last month’s rent
Renter's Insurance
Utility deposit HRSSFA-Non-
staff $1,250 $1,250
Utility payment HRSSFA-Non-
staff $988 $988
Rental Arrears
Rental Assistance - Rental assistance cannot be provided to a program participant that is receiving Tenant Based Rental Assistance or living in an unit receiving Project-Based Rental Assistance or operating assistance through other or public sources)
Excluded from Basis of MTDC for 10 Percent De Minimis Rate (2 CFR 200.68) Short-term rental assistance up to 3
months
HRSSFA-Non-
staff $37,800 $37,800
Medium-term rental assistance 4-24
months

HRSSFA-
Staff $36,000 $36,000
Total $114,768 $0 $18,516 $0 $0 $133,284
















37 EXHIBIT B - SCOPE OF WORK & ADDITIONAL GOALS
Project Description:

CCCIL will provide housing navigation, stabilization and indepe ndent living services to consumers experiencing homelessness in Monterey and San Benito Counties. Services will assist consumers to secure affordable and accessible housing.

Additional Goals
Measure Metric Target
Assist consumers to secure
affordable and accessible
housing

By the end of Q2 a total of
3 individual will be assisted
with RRH services to move
to permanent housing
A total of 7 individuals will Rapid
Rehousing Services
Assist consumers to increase
assess to support services such
housing, county, state and
federal medical and financial
benefits. Provide housing
stabilization, case management
and independent living
services
By the end of Q2 a total of
3 individuals
A total of 7 individuals will receive
Housing Stabilization and Housing
Support Services

Increase access to emergency
shelter beds via motel vouchers
to consumers who are ready to
move to permanent housing
By the end of Q2 will
increase the access to motel
shelter beds from 0
-3
A total of 3 consumers will receive
an Emergency Hotel Voucher