SUMMARY PAGE
Agency: Rebuilding Together Silicon Valley
Project: Homeowner Rehabilitation Project
Description: The Homeowner Rehabilitation Project will preserve and maintain affordable housing by providing rehabilitation services to low - income homeowners of the City of Santa Clara who occupy their homes. Rehabilitation made to the homes will provide
homeowners a safe and sanitary living environment. The primary consideration of repairs to the home will be correcting deficiencies that create substandard and unsafe housing conditions
AMENDMENT NO. 3 FY22/23
Award (not to exceed): $150,000 CDFA #: 14.218 (CDBG) B-22-MC-06-0022
Term of the Agreement: Start Date: July 1, 2022 End Date: June 30, 2023
PARTIES TO AGREEMENT:
ORGANIZATION CITY OF SANTA CLARA
Organization Name: Rebuilding Together Silicon
Valley
Housing & Community
Services Division
Address for Legal
Notice:
1701 S. 7th Street, Ste. #10 1500 Warburton Avenue.
City/State/Zip Code: San Jose, CA 95112 Santa Clara, CA 95050 Attention: Deanne Everton
Executive Director
Office of the City Manager
Email Address: [email protected]
Telephone No.: (408) 578-9519
Tax ID 77-0289381
DUNS #: 17547055
Type of Entity: 501 (c) 3 public benefit corp.
State of Incorporation
or Residency:
California
Ebix Insurance # S200004294
2022-2023 Rebuilding Together Silicon Valley – Amendment 3 Page 2 Ebix Insurance No. S2000004294
AMENDMENT NO. 3
TO PUBLIC SERVICE GRANT AGREEMENT
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
REBUILDING TOGETHER SILICON VALLEY
PREAMBLE
This agreement (“Amendment No. 3”) is entered into between the City of Santa Clara, California, a chartered California m unicipal corporation (City) and Rebuilding Together Silicon Valley, a California nonprofit corporation (“Organization”). City and Organization may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The Parties previously entered into an agreement entitled “ Public Service Grant Agreement By And Between The City of Santa Clara, California, and Rebuilding Together Silicon Valley ” (“Organization”), dated October 9, 2019 (the “Original Agreement”); and
B. The Parties previously entered into an agreement entitled “Amendment No. 1 To The Public Service Agreement By and Between The City of Santa Clara, California and Rebuilding Together Silicon Valley” (“Organization”) dated January 29, 2021 (“Amendment 1”); and
C. The Parties previously entered into an agreement entitled “Amendment No. 2” to the Public Service Agreement By and Between The City of Santa Clara, California and Rebuilding Together Silicon Valley (“Organization”) dated March 9, 2022 (“Amendment 2”), and
D. The Parties now wish to amend the Original Agreement to provide the same services as stated in the Original Agreement.
E. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
2022-2023 Rebuilding Together Silicon Valley – Amendment 3 Page 3
AGREEMENT TERMS AND CONDITIONS
1. AMENDMENT TO AGREEMENT TERMS AND CONDITIONS
That Section 2 titled “Funding Appropriation” of the Original Agreement, as amended by Amendment No. 3 is hereby amended in its entirety with the following:
Pursuant to the provisions of Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended, the City has received Community Development Block Grant funds (“CDBG”) from the Department of Housing and Urban Development (“HUD”) as an entitlement. From the CDBG grant funds, City has appropriated an amount not to exceed ONE HUNDRED FIFTY THOUSAND
DOLLARS ($ 150,000) (“Grant Funds’), subject to budget
appropriations, to be given to Organization.
Upon Organization’s compliance with the terms and conditions of this Agreement, City will contribute to Organization the amount set forth in this Section. The Grant Funds shall not be used for any other purpose than to pay expenses (or if said expenses have already been paid by Organization, then for reimbursement of same to Organization) related to the purpose of the Grant, as set forth in Exhibit A. None of the City’s Contribution will be used to pay for any expenses of Organization incurred before the start of the Term of Agreement. All work performed or materials provided in excess of the maximum compensation or work performed or materials provided that are deemed ineligible shall be at the Organization’s expense.
That Section 3 titled “Term of Agreement” of the Original Agreement as amended by Amendment No. 3 is hereby amended in its entirety with the following:
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on July 1, 202 2 and terminate on June 30, 2023.
A. Unless otherwise mutually agreed upon by the Parties, the Scope of Services (Exhibit A) shal l remain the same for each year of funding. If Organization’s appropriation for the next year decreases/increases significantly from the previous year’s appropriation, the Parties will negotiate adjustments to Exhibit A.
That Section 7 titled “Obligations of City” of the Original Agreement as amended by Amendment No. 3 is hereby amended in its entirety with the following:
2022-2023 Rebuilding Together Silicon Valley – Amendment 3 Page 4 Utilization of Funds : Funds shall be paid by City to Organization only for eligible expenses incurred during the term of the Agreement. T he term of this Agreement shall begin July 1, 2022 and terminate on June 30, 2023.
That Exhibit A titled “Scope of Services” of the Original Agreement is hereby replaced and supplanted by the updated Exhibit A attached hereto.
That Exhibit B titled “Performance Measures & Reporting Requirements” of the Original Agreement is hereby replaced and supplanted by the updated Exhibit B attached hereto.
That Exhibit C titled “Budget & Basis for Reimbursement” of the Original Agreement as amended by Amendment No. 3 is hereby replaced and supplanted by the updated Exhibit C attached hereto.
2. TERMS
All other terms of the Original Agreement, Amendment No. 1, and Amendment No. 2 which are not in conflict with the provisions of this Amendment No. 3 shall remain unchanged in full force and effect. In case of a conflict in the terms of the Original Agreement and subsequent Amendments, the provisions of this Amendment No. 3 shall control.
3. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
THE REMINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
2022-2023 Rebuilding Together Silicon Valley – Amendment 3 Page 5 The Parties acknowledge and accept the terms and conditions of this Amendment No. 3 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
APPROVED AS TO FORM:
Approved as to Form: Dated:
Office of the City Attorney
City Attorney
Office of the City Manager
City Manager
“CITY”
REBUILDING TOGETHER SILICON VALLEY
a California non-profit corporation
Dated:
By (Signature):
Name: Deanne Everton
Title: Executive Director
Principal Place of
Business Address:
1701 S. 7th Street, Suite 10
San Jose, CA 95112
Email Address: [email protected]
Telephone: (408) 578-9519
“ORGANIZATION”
2022-2023 Rebuilding Together Silicon Valley – Amendment 3 Page 6 AMENDMENT NO. 3
TO PUBLIC SERVICE GRANT AGREEMENT
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
REBUILDING TOGETHER SILICON VALLEY
EXHIBIT A
SCOPE OF SERVICES
PURPOSE
Rebuilding Together Silicon Valley (RTSV) believes that everyone deserves to live in a safe and health home. The project purpose is to improve the quality of life for low-income, aging, and/or physically challenged adults/families by pr oviding a suitable l iving environment through focused home repairs.
SCOPE
RTSV proposes to preserve and maintain affordable housing by providing housing rehabilitation services to low-income homeowners of the City of Santa Clara who occupy their homes. R ehabilitation made t o the homes will provide homeowners a safe and sanitary living environment. The primary consideration of repairs to the home will be correcting deficiencies that create substandard and unsafe housing conditions.
Individual scopes of work may not exceed twenty-five thousand dollars ($25,000) and can include any combination of the following:
1) Major Repairs including, but not limited to:
a. Re-roof and gutter/downspout replacements.
b. Furnace replacement and other HVAC related work.
c. Re-pipe, waste line, and other major plumbing repairs. d. Electrical panel replacement/upgrades.
e. Walkway/driveway repairs/replacements.
2) Minor Repairs.
a. Accessibility modifications (e.g., wheelchair ramps/lifts, grab bars, handrails, replacement of door handles, faucets, toilets, etc. b. Window/door replacements and weather stripping.
c. Smoke and carbon monoxide detectors.
d. Electrical repairs such as light switches, GFCI outlets, light fixtures.
2022-2023 Rebuilding Together Silicon Valley – Amendment 3 Page 7 AMENDMENT NO. 3
TO PUBLIC SERVICE GRANT AGREEMENT
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
REBUILDING TOGETHER SILICON VALLEY
EXHIBIT B
PERFORMANCE MEASURES & REPORTING REQUIREMENTS
1.01 Unduplicated Participants/Households.
Proposed total number of unduplicated participants to be served by this Project only. For purposes of this AGREEMENT, UNDUPLICATED PARTICIPANTS shall be defined as a household that receives services at least once a year but who may not be counted more than once in that year. GRANTEE shall retain records documenting eligibility. Such records shall include family size, total household income, gender head of household, race, ethnic and disability data.
Quarter
1 Quarter
2 Quarter
3 Quarter
4 Total
Total Project 3 3 4 3 13
1.02 Services.
Throughout the term of this AGREEMENT, GRANTEE shall provide the following services to participants during the regular office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday:
Activity:
Number of urgent, safety and/or, accessibility/mobility repairs completed to ensure safe and decent living environment. One unit service defined as one individual repair. (i.e., 3 grab bars = 3 repairs)
Quarter
1 Quarter
2 Quarter
3 Quarter
4 Total
Number of MINOR repairs 6 6 8 6 26
Number of MAJOR repairs 3 3 4 3 13
TOTAL 9 9 12 9 39
2022-2023 Rebuilding Together Silicon Valley – Amendment 3 Page 8
1.03 Outcome Measure Statement and Measurement Methodology.
Measurement Methodology.
Organization shall use pre- and post-surveys to measure improved safety conditions of PARTICIPANTS in their homes. At the conclusion of the work completed, the homeowner responds to completed scope of wor k survey and indicates yes (has improved), or no (has not improved) to the improvement safety condition of their home.
Organization shall calculate the percentage of unduplicated households who indicate yes, that they have impr oved safety conditions by div iding the total number of UNDUPLICATED HOUSEHOLDS that had safety repairs performed on their home.
Organization shall submit results of outcome measures to CDBG no later than ten (10) calendars days after the end of the second quarter and no later than seven (7) calendar days after the end of the fourth quarter.
Outcome
Measure #1
80% of households shall have improved safety conditions in their home.
Measurement
Methodology
Pre and Post questions. At the conclusion of the completed work, the applicant responds to a questionnaire, indicating completion of agreed upon work and that they have improved living/safety conditions in the home. Of the total projects completed, the number of responses that indicate
yes, are divided by the total (yes & no)
responses to determine the final calculation.
Quarter 1 Quarter 2 Quarter 3 Quarter 4
Outcome Goal N/A 80% N/A 80%
Outcome
Measure #2
80% of households that shall have improved accessibility and mobility modifications in their home.
Measurement
Methodology
Pre and Post questions. At the conclusion of the completed work, the applicant responds to a questionnaire, indicating completion of agreed upon work and that they have improved accessibility and mobility modifications in their home. Of the total project s completed, the number of responses that indicate yes, are divided by the total (yes & no) responses to determine the final calculation.
Quarter 1 Quarter 2 Quarter 3 Quarter 4
Outcome Goal N/A 80% N/A 80%
2022-2023 Rebuilding Together Silicon Valley – Amendment 3 Page 9 AMENDMENT NO. 3
TO PUBLIC SERVICE GRANT AGREEMENT
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
REBUILDING TOGETHER SILICON VALLEY
EXHIBIT C
BUDGET & BASIS FOR REIMBURSEMENT
DIRECT COSTS
Personnel Costs $ 21,870
Labor, Material & Supplies $112,670
INDIRECT COSTS
Shared costs and/or costs that are not directly related to a specific site $ 15,460
TOTAL CONTRACT AMOUNT $150,000
Indirect Cost Allocation Plan
2022-2023
Overview
Rebuilding Together Si licon Valley (RTSV) contracts with several local jurisdictions to provide housing minor repair and rehabilitation s ervices to the jurisdictions’ eligible homeowners. RTSV Indirect Cost Allocation Plan (ICAP) identifies the costs not directly identified wit h a specific housing rehabilitation contract with local jurisdictions, but incurred for the joint benefit of these contracts. After direct costs have been determined and charged directly to the contract, indirect costs are those remaining to be allocated to the several grant contracts. In preparation of this ICAP staff referenced 2 CFR Part 200 for guidance.
Methodology
Based on the 2022- 2023 budget and estimated cost increases, RTSV has grouped allocable, reasonable and allowable indirect costs into a comm on pool and c harged to benefiting contracts through an allocation process. To reasonably and equitably distribute indirect costs to each contract, RTSV utilizes the program total units as its base (denominator) to determine the allocated percentage of indirect cost to each contract.
2022-2023 Rebuilding Together Silicon Valley – Amendment 3 Page 10 EXAMPLE: Program Total Indirect Cost = $500,000
Agency #1:
Contract Unit # = 10 > IC Rate = 10% of Total Indirect Costs Total Unit # = 100
Agency #1 equitable indirect cost = $500,000 x .10 = $50,000.
Agency #2:
Contract Unit # = 25 > IC Rate = 25% of Total Indirect Costs Total Unit # = 100
Agency #2 equitable indirect cost = $500,000 x .25 = $125,000.
RTSV has implemented this methodology to ensure consistent treatment in indirect cost sharing between all awards, while ensuring no double-charging as both direct and indirect costs.
List of Anticipated Program Funders
In fiscal year 2022-2023, RTSV anticipates servicing the same funders as it did in fiscal year 2021- 2022, similar rate of production. Below is a list of anticipated funders and the estimated number and percentage of units that the billable indirect cost is based on.
Funder # of Units (e) Unit %
City of Cupertino 7 2.38
City of Gilroy 17 5.78
City of Milpitas 30 10.2
City of San Jose 132 44.9
City of Santa Clara 13 4.42
County of Santa Clara 52 17.69
RTSV 43 14.63
Total 294 100.00
2022-2023 Rebuilding Together Silicon Valley – Amendment 3 Page 11 Resources/Definitions
1. Legal Information Institute: https://www.law.cornell.edu/cfr/text/2/part-200
2. 2 CFR Part 200 - Uniform Administrative Requirements:
https://ecfr.federalregister.gov/current/title-2/subtitle-A/chapter-II/part-200
3. §200.405 – Allocable costs. Costs are allocable when they are treated consistently with other costs incurred for the same purposes and in like circumstances.
4. §200.404 – Reasonable costs. A cost is reasonable if, in its nature or amount, does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the costs.
5. §200.420 - Allowable costs. Cost must be reasonable and allocable, be consistent with policies and procedures applicable to all activities of the organization, must be treated consistently, and adhere to established principals for determining allowability of costs.
6. §200.413 - Direct costs are t hose that can be identified specifically with a particular project.
Examples include, but not limited to:
i. Direct Salaries
ii. Materials and equipment
iii. Supplies
iv. Travel
7. §200.414 - Indirect costs are those that have been incurred for common or joint objectives and cannot be read ily identified with a particular final cost objective. Examples include, but not limited to:
i. Facilities: depreciation, maintenance
ii. Human Resources/Accounting/Payroll
iii. Maintenance: Office, Vehicles
iv. Supplies
v. Utilities
Credits include discounts received or negative expenditure type receipts which offset or reduce expense items that are allocable as direct or indirect costs.
8. § Indirect Cost Rate – Indirect Costs (less credits)/Total Direct Costs (less credits)